CORNELL UNIVERSITY LIBRARY GIFT OF The Chas. E. Hull Estate E668 .Mirrs/l"'™""" '""'^ ^lSilllillfllilirafl'lil«'°7 °' "^* United Stat „ 3 1924 030 922 045 oMn S^ Cornell University ^jM Library The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924030922045 THE POLITICAL HISTORY or THB UNITED STATES OF AMERICA DDBIira THE PERIOD OF RECONSTRUCTION, (From April 15, 1865, to July 15, 1870,) inOLUDINO A CLASSIFIED STJMMAET OF THE LEGISLATION OF THE THIRTY. NINTH, FORTIETH, AND FORTY-FIRST CONGRESSES. WITH THE VOTES THEREON; TOOETHEB 'WITH THE ACTION, CONGRESSIONAL AND STATE, ON THE FOURTEENTH AND FIF- TEENTH AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES, AND THE OIHES IMPORTANT EXECUTIVE, LEGISLATIVE, POLITICO-MILITARY, AND JUDICIAL FACTS OF THAT PERIOD. SECOND EDITION. Bt Hon. EDWARD McPHERSON, LL.D., CUBK or THI HOUSE Or BXFBESENIATITra Or THI OSIIXI) SUXtB. WASHINGTON : SOLOMONS & CHAPMAlir A«n^ tOB VouMH SrAivnou A«D OonuMBn Boon. [auOOESSOBS TO PHKLF A0OLOXON8.] 1875. Entered sccordii^ to Aet ei Con^ss, 3n the year ISh, fay In the Cleik's Office of the District Court of tlie United States for the District of ColumUi BTZKEOTTPID BT McGILL ft WITUKBOWi WASHiKi]ion,B.a. PREFACE. This YPlnifte ipi a reprint pf my PoUtJoal Mjiniiajls, isguft4 in 18^6, 1867, 1868, 1869, and 1870|, i^^th revision an^ eorj^eotion^, tp date gnt^ with some additions, Sipd incluf^^s tlip pclitical facts pf the piopt momentous legislative period in the history pf our country— iths^t bptve^.^ Ap^-il ^5, ^86^, arid July 15, 187Q. Kuring it occurred tl^e gyefit PPn,tP9T6rsy between Preside|)t JpHNsoN and the Thirty-?»iflth, SiRd Fortieth gop^pBS^, which resulted, among inany minp]|r features of gigni^o^^fiec^ and impoiita^^ee, in the ^^aptpent pf the Civil Bights sjct and the Tenure-of-O^pe aet; t,hp P^eJ^th.^ovF pf the Pr^gid^ntiftl plan pf ,®fteonst,ruptipfl ; thp K^mi^ion tq militayy rqle pf the lately i;i8iirreetionaiy gtates, except T^piies^<;p; the pBe^apriptipg by jQepgiseasi pf tl\? terois of their restoration ; a,nd the adoption, by Congress and the requisite number of St^t^ Jjegislatures, of thft fqiirtpentl^ Ameijdnaent to the Qoijstit^t^Qn of the United ^tateg, whiofe distinptlf (^efipe^ piti§«n?hip. an4 glqipes \t fln4er constitutional protection, and of the Fiftefsnth ^.nipRdiijient, T^hicb fiettles upoij a new basis tjhp questiop of suffrage in the^ IlQitefi ^tfites, and mqdiflfts the relajtiofls of the gtates tp, it — £^^l 'S^-^ich mpa9\jres, indicate the Gifs^ referreid tp as unquestionably thp niost r^^fty^ftblj \n pi^r }pgis]fttiY^ feigtoKy: It \%^. l^p^R iny #9i't, tq pr^^^Y® in II^^S® E*g*8 th.Q rpcopd pf the various steps by whicb ih^m fiP4? ^*.Y§ be^? peap^^Pjj m tbf t \\ ^W ^e entirely pra,G- tipaWei for thp pitu4pnt of th§n| tfl traP.fi %Pi.? dfi(velopm.ent pm t'bS ^'^^^ ^^S- gestion to the final shape. 4 glance at tAg TSjble pf Oi^tSl^ m^ PM% Ip4?x will ^p<|ic§t? the scope of the -wprtf, ao4 tlif* |hprQ«gb9?P a^^ de|»il T^hiqh eli^r^gtW^e it; S-nd a cloap ussawinatipp ol it^. p^g^s wUl I l^'flst, ie%Ye fio mm ^^ 49»f»t tjj^ti jt has bPW prepaTied ii^ A 8piir.it pf fairijfiss a.nd ilffl4?MJtj> %n4 t>-?il it' ifiP ^^ aepppted as an actual contribution to the jiplitical histp^py pf ou^ times, The gpneral pil%n of ti^p wprk ij tl>e s^^e, a^, thft pf tbe ?plitieal history of the ywitftd §t?ite,§ toffig m EeWU@q, b^t ^ifep^ frpR it chippy jn its having feapn arranged |n mm4 Ba^tJ: Tfef a47§ntage ifl t|ii§ is, th^t i| exl^ibits mpre ^\mA¥ tbe gimXh m^^^^Mm ftPd 9f PJiMJ? ^fPtlW^Bt.ofte*<3}j, question, year by ypjiT. The djgai^FantagS \h a 8.m».U mmm iR tbp IftfeQ? pf iBYestig^ftic^T). ... IV PREFACE. It is hoped, however, that the completeness of, the Index, both as to subjects persons, and parties, will enable all, without difficulty, to command ready aecesi to the multitude of facts which will bo found in these pages. Part I contains a full statement of the Orders and Proclamations and tht general action of President Johnson, in the development of his policy of restor ing the insurrectionary States to their places in the Union, by calling constitif tional conventions in each, on an indicated basis, and by suggesting certain action therein as preliminary to restoration. It also contains the legislation of those organizations respecting the colored population recently freed, and the various Messages, Speeches, Letters, and Proclamations of the President in vindication of his policy and in resistance to that of Congress. This part will also be found to contain the full text of the majority, and minority reports of the Joint Congressional Committee on Eeconstruction, with the test of the Fourteenth Amendment, as finally adopted by Congress and submitted to the Legislatures for their action. This amendment having been rejected by the Legislatures in the insurrectionary States, chosen under the action of President Johnson, Congress subsequently adopted the decisive measure of dividing those States into five Military Districts, providing for their re-organ- ization on the basis of, substantially, Universal Manhood SuflPrage, and pre- scribing the conditions on which they would be entitled to representation in Congress. Part II contains the texts of these various measures, the Veto Messages of the President in disapproval of them, and the various Votes by which- they were passed over the veto by two-thirds of each House. Part III contains all the proceedings connected with the proposed impeach- ment of President Johnson by the Fortieth Congress, with the Articks ofj Impeachment in full, the answer of President Johnson, the Eeplication of the House, and the Judgment of the Senate thereon. It also contains a digest of the Oi-ders of the Military Commanders and their general action under the various Eeconstruction acts, with an abstract of the Constitutions prepared by the Conventions called under them. Parts IV and V contain the remaining record of Eeconstruction the final votes in Congress upon the adoption of the Fifteenth Constitutional Amend- ment. President Grant's action thereon, the votes of the various State Legisla- tures, and the final certificate of the Secretary of State announcing its ratiication as an amendment to the Constitution. Besides these great measures, the interest in which will scarcely abate as long as our present system of government remains, in this volume will be found all the Decisions of the Supreme Court of the United States during this period, on the more important public questions which came before it, such as the Habeas Corpus, the Legal-Tender, ^.nd the Test- Oath cases ; the right of States to tax National Banks ; the right of the United PEEFACB. V Stiates to tax State Banks ; the right of a State to tax persons passing through it ; the validity of contracts in confederate money, and the effect of express con- tracts to pay coined dollars; and sundry opinions in United States Circuit and State courts. Besides, in, it will be found all the votes in Congress upon general questions, such as the Public Credit act. Banking and Currency legislation, the Tenure-of-Offiee act, the Civil Eights afct, Internal Eevenue, Tariff, and Land- grant legislation ; the various Messages, Proclamations, and Orders of Presidents Johnson and Grant ; the votes of Congress on political declaratory resolutions ; the platforms of parties, both State and National, from 1866 to 1870 ; the returns of State and Presidential elections ; Tables of Population, Public Debt, Land- grants, Taxation, Registration, Disfranchisement, Expenditures and Appropri- ations, Revenue receipts and reductions, Lists of the Cabinets of Presidents Johnson and Gkant, and of the Members of the Thirty-ninth, Fortieth, and Porty-first Congresses ; and an extended political and military miscellany, which will be found to include almost every thing of permanent interest connected with national politics during the period referred to. This volume takes up the thread where it was dropped by that on the Re- bellion, and it is naturally a companion to it. That gives the record of the steps by which Secession was accomplished and Disunion attempted, as well as of those by which Secession was resisted and Disunion defeated. This gives the equally portentous record of the means by which, the "War over, the Govern- ment and people of the United States reaped its fruits, and especially the memorable steps by which four millions of slaves, formerly knows as chattels, became incorporated, first into the civil, and next into the political, body. In the various votes given, the names of Republicans are printed in Roman, of Democrats, and of those who generally co-operated with them, in italic. EDWARD McPHERSOK Washington, D. C, April 20, 1871. TABLE OF CONTENTS. ip^iaT i~a^s6. I. Gonstitatioii of the TTnited States— Kr. Seward's Geitiflcate o^ the BiE^tification of the Anti-Slavery Amendment^ ^-@ II. Freaidei^t Johiisi^'i, Orders ^nd tii^ola-, mations ■ ■■ ."...............T-IS Respecting Commeroial Intercourse— Trial a^dPuIli8mnent of the Aaa^^sin^ of Abral;amj liincolo— Airest of< Jefferson DaT.ia, (Setneiiit C. Clay, and othe(p— To re-establish the Au- thority of the Upit^d St^^t 'I' Y'''&>9'%:^. Equality of Bfgh^s'with Maritime Nations — The Blockade — ^Amnesty — ^Appointing PTftyi^- ional Governor for North Carolina, and' other InsurrectionaryStates-Freedmen— Suppress- ion of Bebellion in Tennessee— Paroleif Pjis- oners— Martial Law withdrawn froni Kentucky — AitniilUng the, Suspension of the B9^e<^ CijfpM— Declaring the Rebellion Ended— Ap- pointments to Oifice-r-Trialsby Miliji^typourts^ — Against the Fenian Invasion of Canada/ and General Grant's accompanying Report — Vetq of ttee Freedmen'a Bareau Bill, with copy and f bfes-^Veto 6t the Civfl Rights Bill, WitM copy ^pd votes-::rVeto of tjip Colorado, Bill,"witn copy and votes — Message on the pro- posed Constitutional Amendment. III. Action of the CpnTen^ioTis an^ Ij^gis- latores of the Lately Insfiirection&Ty States v. v— .••TV"-""-,".-,",-";-,: vv.-lS-SS! Proclamations of Provisional Governors — Elections of ConTeiit^o'ns and Qrdinanpes thereof— Enactments of Legislatures— Tele- grams of President Johnson and Secretary Seward respecting the Rebel Debt, Colored Suffrage, Anti-Slave;'y Amendment, Admission to Congress of Senators arid Representatives electr-President Lincoln's Letter to Governor Hahn, March 13, 1864, on Colored Sul&a^e, and his Telegram of April 12, 1865, prohibiting the meeting of tl\e Beqel l^e^i^atur^ of Virginia. IV. Legislation Beepecting Freedmen 29-44 In North Carolina— Mississippi — Georgia— Al- abama — South Carolina, and General Sickles's Order relative thereto — Florida— Virginia, and General Terry's Order suspending the Vagrant Act— Tennessee— Texas— Louisiana. V. President Johnson's Interviews and Speeches 44-63 Remarks to citizens of Indiana— Nashville Speech, June 9, 18647— To Virginia Refugees — Interview with George L. Stearns — Address to Colored Soldiers, October 10, 1866- Interview with Senator Dixon — With Colored Delegation respecting Suffrage, with Reply of— Remarks to Committee of the Virginia Legislature — Speech of February 22, 1865— To the Colored People of the District of Columbia. VI. Annual. Special, and Veto messages of President Johnson, with Copies of the Ve- toed Bills, and the Votes on Them 64-84 Annual Message, December 4, 1866— On the condition of toe late Insurrectionary States, ' Tfll.. Mjjority a,9d ]IIiit9rity Beports o| the Joint Committeo on Beconstraqtion 84-ia VIII. Vote^ on Proposed ConstitutionfJ Amenclment-..— ■■■■■■.'. 102-101 0:^ Constitutional Amendment as finally adopted — The Accompanying Bills— The Jlipendipent on Represftdtation end Direct Taxes— On Representation — On Immunities of Citizen|-TP^ Te^ij\ef|8eft7-On Bebel Debt. IS- Members of the Cabinet of President JTq^n^on, afl^ pf th«i 33th Opngress, and of Claimaiats of Seats therein ....:.... ...107-10! X:, Votss ^n th$ House of Bepresentatives on PoliticarSesolutions." '. ........109-11! On Pubii? p.eht-rJPuni^hraent of Treason- Representation of lately Insurrectionary States —Elective Fruuohise in the States— Test-Oath —Test-Oath for Lawyers- Endorsement of the President's Policy- Withdrawal of Military Forces— Legal piKct of Rebellion— Duty of Congre8,s— Writ of ffabeas Corpus— Thanks to the Presideofc-rReobgnition of. state Govers- ment of North Carolina— Trial of Jefferson Davis— Neutrality— The Fenians. ^1. Votes on Political Bills 114-11-1 Suffrage in District of Columbior-Extendine the Homestead Act— ifabeas Cbraui— WestVii^ ginia Bill— Elective Franchise m the Territo- XII. Politienl and Military Misoellane- °^^ lX7-ia« Union National Platform of 1864-Democratio National Platform of 1804-Call for National Union Convention, 1866-Address of Demo- cratic Members of Congress, 1866— Eleotionn of 1806--Lee's Surrende? to GranpThe Sher- man-Jo mston Agreement and its Disapproval —Grant's Orders— Pennsylvania and MarvlaiiH UnionSs l^^^Co"™""*" of Soithem XIII. Tabular Statements on Eopresenta- tion, Tariff, and the Public Debt 125-186 Census Tables, shewing Population, Votinir Population, Present Apportionment, and effect of proposed ohanges-^^able of Votes, by States and Sections, on the Tariffs of 1816, 1824 iSf 1832, 1840, 1857, 1861, 1864, and the Bill of 186^^ TABLE OF COilTENTS. IfA-iKT la: — 1867. SIV. President JrbMso&'li %e8cii'eB -137-143 On receiving the 'Prociftdines 6f the Philadel- |>hia Uffl dt Atigufet eofivshtoii— In New YoWc —In OloVelsnd— Ifl St. Mlils— Bitervlew With 'Charles <&. Halpine. XV. President Johnson's Uessa^es 143-181 Miiual Mesaagfe, December fe, 1866— Veto of we Second FrBedmen's Bureaii Bill, with Aopy pjai T.ote?T-Jt^?p6Qting E«atopng Tenu?sspy and votes— Veto of thaEeeo% 'struction BUL^jlh c'ottv attd Voles— Veto '6{ the TenMe^-Office AcVwith ooi}yandV6f6%— iS^eoompanying the Approval of ttoe Army Ap- mropriatjon BUI— Veto of tl^e Supplementary Keconstruotion Bill, with Copland V'o'tes^Ac- companying the Approval of a Reconstruction Appropriation BiH'. ZVI. members of the Ca^net . of Preisideiit Jbhns6n, and of the tteHok^ 'Ses'slAn of 'the 3'9th iCongresB, and first Session of 40th ODmgresB, and of Olaimtots of Seats thleroiii.. •■■• ■• ••••••• •■...;.. ...V..-..181-183 XVII. Votes On Politioal Bills and BeSoln- tibns 18S-190 Eepeal of Power to Pardon by Proclamation— . Eepresentation of Rebel States— Elective ■^Franchise in the Territories— EepialeSuffrag*, tod Intelligence Suffra^?«j:?feWatth of Att&r- iieys — ^Validating certain Proclamations and Acts of the President— iHbmesteads in Soiuth- em States— To sufipend the Payftie'n't of Bovm- .tSes far Slaves Drafted or Volunteered— Bill to Restore, the Possession of Land* CoAfisoated by the Rebel Anthorrtieia— Proposed Impeach- ment oi PreisWent Johnson, votes and report itpon. XVni. Text of the Beconstinction Keas- nres of 89th and 40th Congresses 101-194 Fourteenth Constitutional Amendment— Ke- 'ebnstrUctibn Act, and Su^ptemeht thereto^ Copy 'of Test-Oath— Votes of Iiftgiplatures on Kl Vth AmendtfteM. XIX'. Proclamations and Orders 194-208 President Johnson's Prbilaihatiohs oil the Ee- establishment of Civil Authority, on American Vessels in fjertain .Ports of Japan, respecting PeorAIS '6f MtxIMlito', ifesiSbtlng V^Sets 6f (fK6 QaMiiM Islitnds, and decl&rihig NebraEAcA a.:State: his Orde.rs withdriiVinfe the Reward f9r the Arrest of John H. Surratt, aqd I^elease ■6f CoiivfctSj his Teleigrafiis, "t* Provislonkl Governor Throckmorton of Teii^ 'GbVemoJ Brownlow of Tennessee, and Montgomery Blair— General,Grant's Order Revoking Order Rpspeojing, ..D'Slpyal, .l^eWspSBors-M-.ssigntog Commanders to Military Districts under Ee- S'dri'sttviotiofl Bill— Various Orders of said Co'tn'- mahders--Gov^rnorl^r6whK)V8.R:6clamati(m fe^pectin^ a Btafe Giiara. XX. Judicial Opinions- ..'809-1340 Qt>inions of Judge Davis and Chief Justice iOhase on Military Commis^ns-rQf Judges Tn.-j.iji 1-.1J Mijle- "<---' t;--"— - - Field and MiJIer, C^i^f . Jastic'e Cmter, &nd .tiidge Wylfe on T^st-Oathsr-Of Chief Justice Chase oh the Mississippi Iiynnction Case. XXI. BeEOlatidns of Ifai^ohal and State Con- ventions 840-257 Of PhiWd'elphia iith of iUigiiEft^Of Souths -^ Loyalists' — Pittsburgh Soldiers and Sailors'-^ Of Cleveland Soldiers and Sailors'— Platforms of ^Parties in Connecficut^. Maryland^ Ohioj 'Tennessee, Alabama, Arkansas, North Garo- Kh'a, South Carolina, and Virginia— The Ken- tucky and Virginia Besoltiti6ns Of 1798. XX:iI. Political Misceliaii^- ■■ 257-269 •< tUa lireeti^e Franoliisle fit Wi i^fttes— Pro- ' posed Substitute for XlVth Amendment — Electionsof 1867— Recent Legislation in Mary- land — Constitutional Conventions — Publlo Debt of United States. oPA-no? m-^ises. XXIII. Orders, iiettei's, llestiagM, and Votes in the Senate respecting Secietaty Stan- ton....... ■ - 261-264 Bequest for Mr. Stanton's Eesignation, and ■Reply— Secreitary :StaHton's Suspension, and 'Action 6f the Spnats thereon— Action of Gen- leral GrantvSeoretary Stanton's Removal, and Tbtes of Senate thereon— Acceptance of Gen- eral Thomas— Secreitary Stanton's Letter r"Re- linquishingCharge," alndvote on General Scho- ^ .I'l Vntoi ithereon- S'he Answer of Presidmt JbhnsoiVT-TheRepIi cation of the House— Progress of the Trial- The Judgment of the Senate XXV. Correspondehcehe'tweeh General Grant and President John^pibn, growiiag out of Secretary Stanton's Suspensian 282-2 XXVI. Letters, Papers, Testimony, Politico- Jlilitary Orders, and Seport of General Grant 393^316 General Grant's Orders respecting Slaves, is- sued in the Field— Letters on Slavery and Reconstruction; on being a Candidate for Po- litical Office; on Results of "Peace on any Terms;" on Fillinethe Armies; on Protecting Colored Soldiers— Bis Testimony on the Ex- ohasnga of Prisoners— Documents on the Pro- posed Mission to Mexico— On. the Baltimore Troubles of 1866— On Martial Law in Texas— Testimpny on . Reconstrnctioni— Letters on the EeinoYal of 'General Sheridan and Seq- ret^ry StaatbJi- His Orders, and T^le^rsiftiB t'6 Miliftary CbintoiaSidfete ifi the Unrecon- structed States— Report as Secretary of 'War ad interim. 8 TABLE OF CONTENTS. XXVn. Digest of Orders of Military Com- mandem, and General Action under the Seconstruction Acts 316-325 Orders of General Schofield in the First Mili- tary District,— Orders of Generals Sickles and Oanby in the Sec^ond Military District— Orders of Generals Pope, Meade, and Swayne in the Third Military District— Orders of Generals Ord, Gillem, and McDowell in the Fourth Mil- itary District— Orders of Generals Griffin, Sheridan, Mower, Hancock, and Buchanan, in the Fifth Military District. ' XXTIII. Al)BtractB of the new Constitutions of Maryland and ITew York, of Alabama, Arkansas, Florida, Louisiana, Georgia, ITorth Carolina, South Carolina, Virginia, and Mississippi 326-335 KZIX. Supplemental Beoonstruction Meas- ures 335-341 Act of July 19, 18ST— Act of March 11, 1868— The Arkansas Bill— The "Omnibus" Bill- Votes on all, and on various Propositions made during their pendency. SXX. President Johnson's Proclamations and. Orders -342-346 Enjoining Obedience to the Constitution and the Laws — Extending full Pardon to certain Persons who were eiigaged in the late Rebel- lion—Proclaiming a General Amnesty— Order respecting the Transaction of Public Business — Oorrectmg an Error in previous Proclama- tion — Orders respecting Reconstruction. XXXI. Members of the Cabinet and the 40th Congress 347-348 XXXII. Totes on Political Bills and Besolu- tious • 349-352 To continue the Bureau for the relief of Preed- men and Refugees, and Total Expenditures of the Bureau — Thanks to ex-Secretary Stan- , ton — Bills respecting the Supreme Court — For •Vthe farther security of Equal Rights in the District of Columbia— The Eight-Hour Law. XXXIII. Political Miscellany 3S2-SS^ Vot^s of State Legislatures on XlVth Amend-, ment— Votes by the People on proposed Con- stitutional Amendments in Michigan, Ohio, Kansas, and Minnesota— President Johnson's. Telegram to ex-Governor Parsons on Ala- i bama's Ratification of XlVth Amendment-- Financial Legislation authorizing the 6's oi 1881i the 5-20's, the 10-40's, the Consolidated. Loan of 1865, Legt/ Tenders, Sinking Fund, and Limiting the amount of " Greenbacks." XXXIV. National Platforms of 1852, 1856. 1860 and 1864. 356-3e| Democratic and Whig Platforms of 18Sa— Re- publican and Democratic Platforms of 1866, 1860, 1864. XXXV. Bepublican and Democratic Plat- forms of 1868, with the Letters of Accept- ance of Candidates, and sundry Proceedings of the Conventions 364-810 XXXVI. Statistical Tables— Elections, Bev- enue. Appropriations, &c 372-37^ Election Returns since 1860, and Electoral Col- lege — Taxation (State and United States) of Na- tional Banks-r-Internal Revenue Receipts of 1867 end 1868 — Registration, Disfranchisement, and Elections in the Rebel States — Revenue Receipts since 1860, and Annual Expenditures from 1860 to January, 1869 — Expenditures and Appropriations for fiscal years ending June 30, 1858, June 30, 1866, 1867, and till January 1, 1868 together with Appropriations for the year 186S. and Estimates lor same. Addenda : 378-38!! Additional Bill respecting . Freedmen's Bu- reau—The Electoral College Bill, and Presi- dent Johnson's veto, with the votes on re-pas- sage — President Johnson's Proclamation on the Ratification of the XlVth Amendment by Florida and North Carolina — General Blair's Letter to Col. Brodhead — Speeches of Mr. Sey- mour and General Blair on accepting their Nominations — Secretary Seward's certificate respecting the ratification of XlVth Amend- ment — The Funding Bill. I'-A.iaT z"v~ise9. XXXVII, Members of Cabinet of President John- son and of 40th Congress, 3d Session.-383-384 XXXVlil. President Johnson's last AnnualMes- sage, December 7, 1868 384-391 Beconstraction and other controverted sub- jects. ZXXIX. Political Votes, 40th Congress, 3d Ses- sion—Condemnation of President Johnson's proposition respeoting payment of the Public Debt ■ 391-397 Condemnatory resolutions in the Senate and House— Vote on Minority Representation- Re- moval of Disabilities by General .4ct— Repre- sentation of Georgia— Counting the Electoral Vote— Bill for further Security of Equal Bights in District of Columbia— Bill to Strengthen Public Credit— On Repeal and on Amendment of Tenure-ofOflioe Act. Zt. XVth Constitutional Amendment-"399-406 The Final Vote in Congress — House Joint Res- olution, (U. B. 408,} and Proceedings thereon in both House and Senate— Senate Joint Resolu- tion, (S. 8,) and Proceedings thereon in both Houses. XLI. Members of Cabinet of President Grant, and of 41st Congress 416-421 XLII. Political Votes in 1st Session of 41st Con- gress 408-418 Additional Reconstruction Legislation — Final Votes on Virginia, Mississippi, and Texas Election Bill — Public Credit Act— Amendment to Tenure-of-Office Act— On Effect of the XVth Amendment as to Mongolians. XLIII, President Grant's Inaugural AddresSi and Message on Beconstrnotion, and Official Proclamations of the Year --. 416-421 President Grant's Inaugural Address— His Mes- sage respeoting the Reconstruction of Virginia and Mississippi— Final Certificate of Secretary Seward respecting the Ratification of XlVth Amendment— President Johnson's Proclama- tion of General Amnesty, December 25, 1868— President Grant's Virginia Election Proclamc^ tion-f-Bespecting Wages of Labor— Relative to Duties upon Merchandise in French Vessels> TABLE OF CONTENTS. tLIV. Orders on Eeoonstniotion;— Additional Military Orders under Beconstruction Acts- Mew Constitution of Tezas 422-432 Orders from War Department mating changes in organization and command of Dislriots and Uepartmeuta— AttorneyGeneral Bvarts's Letter as to Military Aid to United States Marshals— Instructions to General Meade as to Military Aid to Civil Authorities of Georgia— Orders from Headquarters of the Army as to Sentences by Courts Martial— Eeassign'ing certain Generals to Military Districts— Orders of Generals Turry, Stonoman, Webb, and Canby (including the latter's Test-Oath Letter) in Pifst Military District— Of General Can by in Second District— Of General Meade in the Third— General Orders in the Fourth— Orders of Generals Reynolds and Canby in the Fifth— New Constitution of Texas. XI.V. Judicial Decisions of United States Su- preme Court— Opinion of Attorney General on I jTurisdiction of Military CommissionS"'433-478 On right of a State to Tax Passengers passing through it— State Taxation of United Stales Cer~ tificates of Indebtedness — State Taxation of United States Notes — Clause making United States Notes a Legal Tender for Debts has no reference to State Taxes— Express Contracts to pay Coined Dollars can only be satisfied by payment of Coined Dollars — Status of State of Texas- MoCardle Case— Csesar Griffin (Virginia) Case— Can a Negro hold Oiflce in Georgia ?— In- termarriage of White and Colored Persons in Georgian-Opinion of Attorney Geheral Hoar as to Jurisdiction of Military Commissions in Texas. XLVI. State Platforms of 1869 478-488 California — Iowa — Mississippi— Ohio — Penn- sylvania — Vermont — Virgmia —Washington Territory. XLVII. Votes of State Legislatures on proposed XVth Amendment to Constitution of tTnited States 488-498 Yeas and Nays in Arkansas— -Connecticut- Delaware — Florida — Georgia — iyiinoin — In- diana—Kansas — Kentucky — Louisiana — Maine — Massachusetts — Michigan — Missouri — Neva- da—New Hampshire— New Jersey— NewYork— North Carolina— Ohio— Pennsylvania— Ehode Island— South Carolina— West Virginia— Wis- XLVIII. Statistical Tables 499-503 Presidential Election Returns, (Electoral and Popular Vote)— Official Statement of Public Debt of the United States, July 1, 1869. XLIX, Miscellaneous Matters.-^ 504-SOG General Sherman's Letter as to the surrender of General Joseph E. Johnston — Mississippi Election Proclamation — Texas Election Proc- lamation — Female Suffrage in Massachusetts and in Congress— Proposed Religious Amend- ment to United States Constitution — Elections of 1869 in New Hampshire, Rhode Island, Con- necticut, Michigan, Virginia, and Washington Territory — Daniel's Virginia Election Dis- patch. I=J^I2,T V-~1870- L. Memliers of Cabinet of President Grant and of 4lBt Congress, 2d Session 507-508 LI, Judicial Decisions of United States Sunreme Court 509-532 On the Validity of Contracts in Confederate Money — Constitutionally of Legal-Tender Clause as it relates to contracts made prior to its adoption— Right' of United States Govern- ment to Tax State Banks— Right of State Gov- ernments to Tax National Banks. LII. President Grant's First Annual and Special Uressages, and Proclamation 533-544 First Annual Message— Messages recommend- ing early action toward Increase of our Com- merce—Urging Ratification of San Domingo Treaty — On Cuban Affairs — Proclamation against Fenian Bivasion of Canada. LIII. XVth Amendment 545-562 Special Message on Ratification— Certificate / as to Ratification- Act Enforcing XlVth and V XVth Amendments— Remaining Yea and Nay !\ Votes of State .Iiegislatures on XVth Amend- ment. HV Land Subsidies, 1827-1870 ^...-563-572 ■Grant to Indiana in aid of Wabash and Erie Canal— To Illinois for Illinois Central Rail- road—To Union Pacific Railroad Company — To Northern Pacific Railroad. ItV.-EBStoration of Virginia, Mississippi, and Texas ■ 572-579 Act to admit Virginiar--To admit Mississippi- To admit Texas— Various Propositions and Votes thereon. fcVI, Declaratory Sesolutions-- 579-585 . On Repudiation— Purchase of United States Bonds — Increasing the Currency — TariflF— General Amnesty— Validity of the XlVth and XVth Amendments — Re-apportionment of Con- gressional Representation. LVII, Banking andCurrency 686-596 Act Providing for Redemption of Three Per Cent. Temporary Loan Certificates and for an Increase of National Bank Notes, and Proposi- tions offered during its pendency, with Votes thereon. LVIII. The Funding Act 597-604 Act to Authorize .Refunding of the National Debt, with Propositions offered during, pend- ency thereof, and Vohes thereon. LIX. Internal Tax and Tariff— 605-609 Propositions offered during the pendency of Tax and Tariff Sleasures, with Votes thereon, and amount of Reduction of Taxes thereunder. LX. Restoration of Georgia 609-615 Act to Promote the Reconstruction of the State of Georgia— Act relating to the State of Georgia— Propositions and Votes thereon. LXI. Miscellaneous ■ 616. 624 President's Mjs=age nri European War and American Shippmg— Act to Amend the Natu- ralization Laws, with Chinese, and other Prop- ositions and Votes thereon— The Cuban ques- tion, with Propositions and Votes— Bill Regu- lating Katifloatiou of Constitutional Amend- ments—New "Constitution of UUnois— Plat,, forms of Indiana and Ohio. LXII. Statistical Tables ■•••; -625-630 Area of Land States; Land Granted to Rail- roads, Sold, and othOTwiseJDisposed of, (July 1, 1870,) and amount* f Land Remaining— Reve- nue Receipts itni Reductions— National Debt Statement. POLITICAL MANUAL FOR 1866. I. CONSTITUTION OF THE UNITED STATES. ^'e the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to our- selves and our Posterity, do ordain and estab- lish this CoHsiiTUTioiir for the United States of America. Aetiole I. Seoiion 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of B'epresentatives. Sec. 2. The Hpuse of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Elec- tors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty- five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be ap- portioned among the several States which may be included within this Union, according to their respective Numbers, which shall be deter- mined by adding to the whole Number of free ', Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Repre- sentatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative ; and until such enumera- tion shall be ma'de, the State of New Hampshire shall be entitled to chuse three, Massachusetts sight, Rhode Island and Providence Plantations ' one, Connecticut five. New York six, New Jer- sey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority there- of shall issue Writs of Election to fill such Va- cancies. The House of Representatives shall chuse their Speaker and other Officers ; and shall have the sole Power of Impeachment. i Seo. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years ; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into tliree Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expi- ration of the sixth Year, so that one-third may be chosen every second Year ; and if Vacancies happen by Resignation, 'or otherwise, during the Recess of the Legislal:ure oi any State, the Ex- ecutive thereof may make temporary Appoint- ments until the next Meeting of the Legislature, which shall then fill such Vacancies, ■ No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhab- itant of that State for v,rhich he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Pur- pose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside : And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, a»d Disqualification to hold and enjoy any Office, of honour, Trust or Profit under the United Staies: but the Party convicted shall nevertheless, bo. liable and subject to Indictment, Trial, Judg- ment and Punishment, according to Law. Seo. 4. The Times, Places and Manner of holds ing El^tionaforSeiiatofB a^ad Represe^Mi^^ POLITICAL MANUAL ctall be prescribed in each State by the Legisla- ture thereof ; but the Congress may at any time by Law make or alter such Regulations, exnept as to the place of ohusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall 'by Law appoint a different Day. Sec. 5. Each House shall be the Judge of the Elections, Beturns and Qualifications of its own Members, and a Majority of each shall consti- tute a Quorum to do Business ; but a smaller Kumber may adjourn from day to day, and may be authorized to compel the Attendance of ab- sent Members, in sucn Manner, and undei such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Pro- ceedings, and from time to time publish the same, excepting such Parts as may in their Judg- ment require Secrecy ; and the Yeas and Nays of ■the 'Members of either House on any question shall, at the Desire of one fifth of those Present, -be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn lor more than three days, nor to any other Place ithan that in which the two Houses shall be sitting. Seo. 6. The Senators and Representatives shall .receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treas- ury of the United States. They shall in all Cases, except Treason, Felony and Breach of the iPeaCB, be privileged from. Arrest during their Attendance at the Session of their respective Houses, and in going to and returning jrom the same ; and for any Speech or Debate in either ■ House, they shall not be questioned in any other Place. No Senator or Representative shall,. during the Time for which he was elected, be appointed to any civil OfiSce under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been en- creased during such time ; and no Person hold- ing any Office under the United States, shall be a Member of either House during his Continu- ance in Office. Seo. I 7, All Bills for raising Revenue shall originate in the House of Representatives ; but the Senate may propose or concur with Amend- ments as ou other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be pressnted to the President of the United States ; If he approve he shall sign it, but if not he shall return it, with his Objec- tions to that House in which it shall have origi- nated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsid- ■ered, and if approved by two thirds of that House, it shall become a Law. But in all such ■Gases the Votes of both Houses shall be deter- mined by yeas and Nays, and the Names of tho Persons voting for and against the Bill shall be entered on the Journal of each House respec- tively. If any Bill shall not be returned by the President within ten Days (Sundays ex- cepted) after it shall have been presented to him, the Same shall be a law, in like Manner as if ha had signed it, unless the Congress by their Ad- journment prevent its return, in which Case it shall not be a Law. Every, Order, Resolution, or Vote to which the Concurrence of the Senate and House ol Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States ; and before' the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be re- passed by two-thirds of the Senate and House of Representatives, according to th-i Rules and! Limitations prescribed in the Case ol a Bill. Seo. 8. The Congress shall have Power , To lay and collect Taxes, Dulles, laiposts and! Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States ; but all Duties, Imposts and Ex- cises shall be uniform throughout the United,^ States ; . To .borrow Money on the credit of the Unitea| States ; To regulate Commerce with foreign Nations, and among the several States, and with the In- dian Tribes ; To establish an uniform Rule of Naturalizaf tion, and uniform Laws on the subject of Bank- ruptcies throughout the United States ; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard uii Weights and Measures; i To provide for the Punishment of counter-? feiting the Securities and current Coin of tho United States ; To establisli Post Offices and post Roadj , To promote the progress of Science and use- ful Arts, by securing for limited Times to Au- thors and Inventors the exclusive Right to theid respective Writings amd Discoveries ; To constitute Tribunal inferior to thesupreme Court; To define and punish Piracies and Feloni^ committed ou the high Seas, and Offences against the Law of Nations ; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures? on Land and Water ; ' ' To raise and support Armies, but no Appro- priation of Money to that Use shall be for a longer Term than two years ; To provide and maintain a Navy ; To make Rules for the Government and Regu- lation of the land and naval Forces ; To provide fbr calling forth the Militia to execute the Laws of the Union, suppress Insur- rections and repel Invasions ; To provide for organizing, arming, and dis- ciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States; respectively, the Appointment of the Officers, and the Authority of training tho Militia according to the Discipline prescribed by Congress ; CONSTITUTION OF THE UNITED STATES. To exeroisb sxolusive Legislation in all Oases ■whatsoever, over such District (not exceeding ten' Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall De, for the Erection of Forts, Magazines, Arsenals, Dock- yards, and other needful Buildings ; — And To make all Laws which shall be necessary and proper for carrying into Execution the fore- going Powers, and all other Powers vested by this Constitution in the Qovernmen t of the United States, or in any Department or OflScer. thereof. Seo. 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by . the Congress prior to the Year one thousand eight hundred and eight, but a Tax or Duty may be imposed on such Importation, not exceeding ten dollars for each" Person. The Privilege of the "Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may re- quire it. No Bill of Attainder or ex post facto Law shall be passed. . No Capitation, or other direct. Tax shall be laid, .unless in Proportion to the Census or Enu- meration herein before directed to be taken, No Tax -or Duty shall be laid on Articles ex- ported from any State. No Preference shall be given by any Regula- tion of Commerce or Revenue to the Ports of one -State over those of another ; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law ; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States : and no Person holding any Office of Profit or Trust under them,* shall, without the Consent of the Congress, accept of any pres- ent. Emolument, OfSce, or Title, of any kind whatever, from any King, Prince, or foreign •State. Seo. 10. No State shall enter into any Treaty, Alliance, or Confederation ; grant Letters of Marque and Reprisal ; coin Money ; emit Bills of Credit ; make any Tbing but gold and silver Coin a Tender in Payment of Debts ; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. , No State shall, without the consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely ne- cessary for executing it's inspection Laws : and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States ; and all such Laws shall be subject to the Revis- ion and Controul of the Congress. No P*-ate shall, without the Consent of Con- gro,-,-, lay any Duty of Tonnage, keep' Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Povyer, or engage in W^r, unless actually invaded, or in such imminent Danger as will not admit of Delay. Aetiole 11. Seo. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same term, be elected as follows Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress ; but no Senator or Representative, or person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. [The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall ndt be an Inhabitant of the same State with themselves. And they shall make a list of all the Persons voted for, and of the Number of Votes for each ; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and Hoiise of Rep- resentatives, open all the Certificates, and the Votes shall then be counted. The Person hav- ing the greatest Number of Votes shall be the President, if sach Number be a Majority of the whole Number of Electors appointed ; and it ' there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately ohuse by Ballot one of them for President ; anf" if no Person have a Majority, then from thb five highest on the List the said House shall ia like Manner chuse the President. But in chas- ing the President, the Votes shall be taken b\- States, the Representation from each State hav- ing one Vote ; A Quorum for this Purpose shall consist of a Member or Members from two-tbird:? of the States, and a Majority of all the State? shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Nulhber of Votes of the Electors shall be the Vice President. But ii there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.*] The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes ; which Day shall be the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall net have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability I * This clause of the Oonstitutioa has beea anmiUed. Sor twelfth article of the Amondmeuts. POLITICAL MANUAL. to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice Presi- dent, and the Congress may by Law provide for the Case of Removal, Death, Kesignation, or In- ahilitjr, both of the.President and vice President, declaring what Officer shall then act as Presi- dent, and snch Officer shall act accordingly, until the Disability be removed,' or a President shall be elected. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation : — " I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." Sec. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; ne may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, arid he shail have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. Se shall have Power, by and with tbe Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur ; and lie shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law : but the Congress may by Law vest the Appointment sf such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in Ihe Heads of Departments. 7he President sh^l have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. *Jeo. 3. He shall from time to time give to the Congress Information of the State of the Union, »nd recommend to their Consideration such Measures as he shall judge necessary and expe- dient ; he may, on extraordinary Occasions, con- Tene both Houses, or either of them, and in Case of Disagreement between them, with Re- ■peot to the Time of Adjonrnmsnt, he may adiourn them to such Time as he shall think proper ; he shall receive Ambassadors and other public Ministers; and he shall take Care that the Laws be faithfully executed, and he shall Coijamission all the officers of the United States. Seo. 4. The President, Vice President and all civil Officers of the United States, , shall be re- moved from Office on Impeachment for, and ponviction of. Treason, Bribery, or other high Crimes and Misdemeanors. Aetiole III. Seo. 1. The judicial Power of the Unite! States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may firom time to time ordain and establish. The Judgesj both of the supreme and inferior Courts, shal hold their Offices during good Behavior, and shall, at stated Times, receive for their Serviceaj a Compensation, which shall not be diminished during their Continuance in Office. Seo. 2. The judicial Power shall extend to all cases, in Law and Equity, arising under this Con- stitution, the Laws of the United States, and Treaties made, or which shall he made, under their Authority ; — to all Cases affecting Ambas- sadors, other public Ministers, and Consuls ;— to^ all Cases of admiralty and maritime J-arisdio^ tion ; — to Controversies to which the United States shall be a Party ; — to Controversies' be- tween two or more States ; — between a State and Citizens of another State ; — ^between Citizens of different States, — between Citizens of the same State claiming Lands under Grants of different States, and between a State or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other pubf; lie Ministers and Consuls, and those in which a State shall be Party, the supreme Court ahap have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall? have appellate Jurisdiction, both as to Law and Fact, .with such Exceptions, and under such Regulations as the Congress shall make. The Trial of all Crimes, except in Cases o( Impeachment, shall be by Jury ; and such Trial, shall be held in the State where the said Crim^ shall have been committed ; but when not com- mitted within any State, the Trial shall be^t such Place or Places as the Congress may by Law have directed. Seo. 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treal son unless on the Testimony of two Witnesses to the same overt Act, (\r on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder" of Treason shall work Corruption of Blood, or For- feiture except during the Life of the Person at- tainted. Article IV. Seo. 1. Full Faith and Credit shall by given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may oy general Laws prescribe the Manner in which such Acts, Records and Pro-' oeedings shall be proved, and the Effect thereof. Seo. 2, The Citizens of each State shall be en- titled to all Privileges and Immunities "of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Jus- tice, and be found in another State, shall on Demand of the executive Authority of the Stats from which he fled, be delivered up, to be re- moved to the State having Jurisdiction of the Crime. No Person held to Service or Labour in, one CONSTITUTION OW THE UNITED STATES. StatB, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Eegalation therein, be discharged from such Ser- vice or Labour, but shall be delivered up on Claim of the Party to ■whom such Service or Labour may be due. Seo. 3. Now States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the Jurisdiction of any other State ; nor any State formed by the Junction of two. or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property be- longing to the United States ; and nothing in this Constitution shall be so construed a? to Pre- judice any Claims of the United States, or of any particular State. Sec. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Le- islature cannot be co'nveaed) against domestic Violence. Aetiole V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Ap- plication of the Legislatures of two thirds of the several States, shall call a Convention for pro- posing Amendments, which, in either Case, shall be valid to all Intents and • Purposes, as Part of this Constitution, when ratified by the Legisla- tures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year one thousand eight hundred and eight . shall in any Manner afiect the first and fourth Clauses in the Ninth Section of the first Article ; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. Aeticle VI. All Debts contracted and Engagements en- tered into, before the Adoption of this Constitu- tion, shall be as valid against the United States under this Constitution, as under the Confedera- tion. This Constitution, and the Laws of the United State.3 which shall be made in Pursuance there- of; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land ; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before men- tioned, and the Member.' of the several State Legislatures, and all executive and judicial Offi- cers, both of the United States and of the several States, sball be bound by Oath or Affirmation, to .support this Constitution ; but no religious Test shall ever be required as a 'Qualification to any Office or public Trust under the United Aetiolb VII. The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratify- ing the Same. Amendments. Abt. 1. Congress shall make no law respect- ing Jn establishment of religion, or prohibiting the free exercise thereof; or abridging the free- dom of speech, or of the press ; or the right of the people peaceably to assemble, and to peti- tion the Government for a redress of grievances. Aet. 2. A well regulated Militia, being neces- sary to the security of a free State, the right of the people to keep and bear Arms, shaU not be infringed. Aet. 3. No Soldier shall, in time of peace be quartered in any house, without the consent oi tlie Owner, nor in time of war, but in a manner to be prescribed bj' law. Aet. 4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no "Warrants shall issue, but upon probable cause, ^pported by Oath or affir- mation, and particularly describing the place to be searched, and the persons or things to be seized.) Aet. 5. No person shall be held to answer for a capital, or otnerwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in tlie land or naval forces, or in the Militia, when in actual service in time of War or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ; nor shall be com- pelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, witliout due procoss of law ; nor shall private property be taken for prfblic use, without just compensation. Aet. 6. In all criminal prosecutions, the aC' cuBed shall ?njoy the rigtrt to a speedy and pub- lic trial, by an impartial jury of the State and district wherein the crime shall have been com- mitted, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be con- fronted with the witnesses against him ; to have Compulsory process for obtaining Witnesses in his favour, and to have the Assistance of Coun- sel for his defence. Aet. 7. In Suits at common law, where the value in controversy shall exceed twenty dol- lars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according tlo the rules of the common law. Abt. 8. Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and un- usual punishments inflicted. Abt. 9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others -retained by the people. Aet. 10. The "powers not delegated to the United States by the Constitution, nor prohibi- ted by it to the States, are reserved to the States respectively, or to the people. Aet. 11. The Judicial power of the United POLITICAL MANUA4. States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Aki. 12. The Electors shall meet in their respective states, and vote by ballot for Presi- dent and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice- President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate ; — The President of the Senate shall, in presence of the Senate and House of Representatives, open all the cer- tificates and the votes shall then be counted ; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed ; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Rep- resentatives shall not choose a President when- ever the right of choice shall devolve apon thom, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as vice-President, shall be the Vice-President, if uuch number be a majority of the whole number of Electors ap- lointed, and if no person have a majority, then frocn the two highest numbers on the list, the Senate shall choose the Vice-President ; a quo- rum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligi- ble to the office of President shall be eligible to that of Vice-President of the United States. Mr. Seward's Certificate of the Anti-Slavery Ambndment, known as the IStli Amendment. WILLIAM H. SEWAED, SEOEBTAEY OP STATE OF THE UHITED STATES, To all to whom these presents may come, greeting : Know ye, that whereas the Congress Of the United States on the lal of February last passed a resolution which is in the words following, namely : " A resolution submitting to the Legi&laturea of the several States a proposition to amend the' Constitution of the United States. " Resolved by the Senate and Home of Repre- sentatives of the United States of America in Congress assembled, {two-thirds of both Hovses concurring,) That the following article be pro- posed to the Legislatures of the several States as an amendment to the Constitiition of the United States, vfhich, when ratified by three fourths of said Legislatures, shall be valid, to all intents and purposes, as a part of the said Constitution, , namely : Abtiole XIII. "Sec. 1. Neither slavery nor involnutary servitude, except as a punishment for crime, whereof the party shall have been duly con- victed, shall exist within the United States, or any place subject to their jurisdiction. "Sec. 2. Congress shallhave power to enforce this article by appropriate legislation." And whereas it appears from official docu- ments on file in this Department that the amendment to the Constitution of the United States, proposed as aforesaid, has been ratified by the Legislatures of the States of Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachupptts, . Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Ver- mont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia-r-in all, twenty-seven States; And whereas the whole number of States in the United States is thirty-six, and whereas the before specially -named States, whose Legislatures have ratified the said proposed amendment, con- stitute three-fourths of the whole number of States in the United States : Now, therefore, be it known that I, William ; H. Seward, Secretary of State of the United- States, by virtue and in pursuance of the seoond| section of the act of Congress approved the twentieth of April, eighteen hundred and ' eighteen, entitled "An act to provide for the publication of the laws of the United States and for other purposes," do hereby certify that the amendment aforesaid has become valid, to all intents and purposes, as a part of the Constitution of the United States. In testimony whereof I have hereunto set my hand and caused the seal of the Department of State to be affixed. Done at the city of Washington this eighteenth day of December, in the year of our Lord [seal] one thousand eight hundred and sixty- five, and of the Independence of the United States of America the ninetieth. William H. Sewaed, Secretary of State. [New Jersey, Oregon, California and Iowa ratified subsequently to the date of this certifi- cate, as did Florida in the same form as South Carolina and Alabama.] II. PRESIDENT JOHNSON'S ORDERS AND PROCLAMATIONS. Beepecting Commercial Intercouise with In- Buireotionary States, April S9, 1866. Executive Chambeb, Washingtots-, April 29, 1865. Being desirous to relieve all loyal citizens and well-disposed persons, residingin insurrection ary States, from unnecessary commercial restrictions, and to encourage them to return to peaceful pur- suits, It is hereby ordered ; I. That all restrictions upon internal, domes- tic, and coastwise commercial intercouise be dis- continued in such parts of the States of Tennes- see, Virginia, North Ciirolina, South Carolina, Georgia, B^lorida, Alabama, Mississippi, and so much of Louisiana as lies east of the Mississippi river, as shall be embraced within the lines of national military occupation, excepting only such restrictions as are imposed by acts of Congress and regulations in pursuance thereof, prescribed by the Secretary of the Treasury, and anproved by the President;, and excepting also from the effect of this order the following articles contra- band of war, to wit : arm^, ammunition, all arti- cles from which ammunition is manufactured, gray uniforms and cloth, locomotives, cars, rail- road iron, and machinery for operating railroads; telegraph wires, insulators, and instruments for operating telegraphic lines. II. An existing military and naval orders in any manner restricting internal, domestic, and coastwise commercial intercourse and trade with or in the localities above named be, and the same are hereby revoked ; and that no military or naval officer, in any manner, interrupt or inter- fere with the same, or with any boats or other vessels engaged therein, under proper authority, pursuant to the regulations of the Secretary of the Treasury. Ahdeew Johnson. , Executive Order for the Trial of the Alleged Assassins of President Lincoln, Hay 1, 1865. Executive Chambee, Washington City, May 1, 1865. Whereas, the Attorney General o: the United States hath given his opinion : That the persons implicated in the murder of the Late President, Abraham Lincoln, and the attempted assassination of the Honorable Wil- liam H. Seward, Secretary of State, and in an alleged conspiracy to assassinate other officers of the Federal Government at Washington city, and tlieir aiders and abettors, are subject to the jurisdiction of, and lawfully triable before, a rnili- tarv commission : it is Ordered ■■ 1st, That the Assistant Adju- tant General detail nine competent military offi- cers to serve as a commission for the trial of said parties, and that the Judge Advocate General proceed to prefer charges against said parties for their alleged offences, and bring them to trial be- fore said military commission; that said trial or trials be conducted by the said Judge Advocate General, and as recorder thereof, in person, aided by such assistant and special judge advocates as he may designate ; and that said trials be conducted with all diligence consistent with the ends of justice : the said commission to sit with- out regard to hours. 2d. That Brevet Major General Hartranft be assigned to duty as special provost marshal general, for the purpose of said trial, and at- tendance upon said commisjion, and the execu- tion of its mandates, 3d. That the said commission establish such order or rules of proceedings as may avoid un- necessary delay, and conduce to the ends of pub- lic justice. Andbew Johnson. oedeb fob the execution of the sentence op the commission. Executive Mansion, July 5, 1865. The foregoing sentences in the cases of David E. Herold.G. A. Atzerodt, Lewis Payne, Michael 0'Lau"hlin, Edward Spangler, Samuel Arnold, Mary E. Surratt and Samuel A. Mudd, are here- by approved, and it is ordered that the sentences of said David E. Herold, G. A. Atzerodt, Lewis Payne, and Mary E. Surratt, be carried into exe- cution by the proper military authority, under the direttion of the Secretary of War, on the 7th day of July, 1865, between thehours of 10 o'clook, a. m., and 2 o'clock, p. m., of that day. It is further ordered, thai the prisoners, Samuel Ar- nold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin, be confined at hard labor in the penitentiary at Albany, New York, during the period designated in their respective sen- tences. Andkew Johnson, President. [By an order dated July 15, the place of con- finement, as to the four last mentioned, was changed to the "military prison at Dry Tortu- gas, Florida."] For the Arrest of Jefferson Davis, Clement C. Clay, and others. May 2, 1865. Whereas it appears from evidence in the Bu- reau of Military Justice that the atrocious mur- der of the late President, Abraham Lincoln, and the attempted assassination of the Honorable William H. Steward, Secretary of State, were in- cited, concerted, and procured by and between Jefferson Davis, late of Richmond, Virginia, and Jacob Thompson, Clement 0. Clay, Beverly Tucker, George N. Sanders, Williani 0. Cleary, 8 POLITICAL MANUAL. and otlier rebels ajid traitors against the Gov- ernment of the United States, harbored in Canada : ' Now, therefore, to the end that justice may be done, I, Andrew Johnson, President bf the United States, do offer and promise for the arrest of said persons, or either of them, within the limits of the United States, so that they can be brought to trial, the following rewards: One hundred thousand dollars for the arrest of Jefferson Davis. Twenty -five thousand dollars for the arrest of Clement C. Clay * Twenty-five thousand dollars for the arrest of Jacob Thompson, late of Mississippi. Twenty-five thousand dollars for the arrest of George N. Sanders. Twenty-five thousand dollars for the arrest of .Beverly Tucker. ^Teu thousand dollars for the arrest of William C. Cleary, late 'clerk of Clement C. Clay. The Provost Marshal General of the United States is directed'to cause a description of said persons, with notice of the above rewards, to be published. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this second day of May, in the year of our Lord one [•1 thousand eight hundred and six^-five, ^ '-I and of the Independence of the United States of America the eighty-ninth. ' Andbew Johnson. By the President: W. HnnTEE, Acting Secretary of State. Executive Order to Be-establish the Anthority of the United States, and Execute the Laws within the Geographical Limits known as the State of Virginia. Executive Chambee, Washington City, May 9, 1865. Oedeeed — First. That all acts and proceed- ings of the political, military, and civil organiza- tions which have been in a state of insurrection and rebellion, within the State of Virginia, against the authority and laws of the United States, and of which Jefferson Davis, John Letcher, and William Smith were late the respec- tive chiefs, are declared null and void. All persons who shall exercise, claim, pretend, or at- tempt to exercise any political, military, or civil power, authority, jurisdiction, or right, by, through, or under Jefferson Davis, late of the * Mr. Clay was released uudor this order : War Department, Adjutant General's Ofpich, Washington, April 17, 1866. MfJ. Gen. N. A. Miles, Oorninandirtg^ ORDERS AND PROCLAMATIONS. In testimony whereof, I )iav6 hereulilo set my r„_,_ 1 hand and caused the seal of tlie United L^^'^-J States to be affixed. Andrew Johnson. By the President: '.I W. HuNTEli, Acting Secretary of State. EcLVality of Eights with all Maritime Nations, May 10, 1865. Whereas the President of the United States, by his proclamation of the nineteenth day of April, one thousand eight hundred and sixty- one, did declare certain States therein mentioned in insurrection against the Government of the United States ; And whereas armed resistance to the authority of this Government in the said insurrectionary States may be regarded as virtually at an end, and the persons by whom that resistance, as well as the operations of insurgent cruisers, were di- rected, are fugitives or captives ; I And whereas it is understood that some of those cruisers are still infesting the high seas, and others are preparing to capture, burn, and destroy vessels of the United States : Now, therefore, be it known, that I, Andrew Johnson, President of the United States, hereby enjoin all naval, military, and civil officers of the United States, diligently to endeavor, by all lawful means, to arrest the said cruisers, and to bring them into a port of the United States, in order that they may be prevented from com- mitting further depredations on commerce, and that the persons on board of them may no longer enjoy impunity for their crimes. And I further proclaim and declare, that if, after a reasonable time shall have elapsed for this proclamation to become known in the ports of nations claiming to have been neutrals, the said insurgent cruisers and the persons on board of them snail continue to receive hospitality in the said ports, this Government will deem itself justified in refusing hospitality to the public vessels of such nations in ports of the United States, and in adopting such other measures^ as may be deemed advisable towards vindicating ' the national sovereignty. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this tenth day of May, in the year of our Lord one p 1 thousand eight hundred and six^-five, l- '^ and of the independence of the United '""States of America the eighty-ninth. Andeew Johhson. By the President : W. HuNiEB, Acting Secretary of State. Commercial Intercourse and the Blockade, May S2, 186S. Whereas, by the proclamation of the President of the eleventh day of April last, certain ports of the United States therein specified, which had previously been subject to blockade, were, for objects of public safety, declared, in conformity with previous special legislation of Congress, to be closed against foreign commerce during the national will, to be thereafter expressed and made known by the President; and whereas events and circumstances have since occurred which, in my judgment, render it expedient to remove that restriction, except as to the ports of Galveston, La Salle, Brazos de Santiago (Point Isabel,) and Brownsville, in the State of Texas: Now, therefore; bi it knowil that I, Andrew' Johnson, President of the United States, do here- by declare that the ports afoi'usaid, not oxcepted as above, shall be open to foreign commerce from and after the first day of July, next; that commercial intercourse with the said ports may, from that time, be carried on, subject to the laws of the United States, and in pursuance of such regulations as may be preserved by the Secre- tary of the Treasury. If, however, any vessel from a foreign port shall enter any of the before- named excepted ports in the State of Texas, she will continue to be held liable to the penalties prescribed by the act of Congress approved on the thirteenth day of July, eighteen liiindred and sixty-one, and the persons on board of her to such penalties as may be incurred, pursuant to the laws of war, for trading, or attempting to trade, with an enemy. And I, Andrew Johnson, President of the United States, do hereby declare and m ake known that the United States of America do, henceforth, disallow to all persons trading, or attempting to trade, in any ports of the United States in vio- lation of the laws thereof, all pretence of bel- ligerent rights .and privileges, and J. givd notice' that, from the date of this proclamation, all such offenders v?ill be held and dealt with as pirates. It is also ordered that all restrictions upon trade heretofore imposed in the territory of the United States east of the Mississippi river, save those relating to contraband of war, to the reservation of the rights of the United States to property purchased in the territory of an enemy, and to the twenty-five per cent, upon purchases of cottoii, are removed!^ All provisions of the internal revenue law will be carried into effect under the proper officers. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty- second day of May, in the year of our Lord one thousand eight hundred and [seal.] sixty-five, and of the Independence of the United States of America the eighty- ninth. Andrew Johnson. By the President : i W. HuNTEB, Acting Secretary of State. Of Amnesty, May 29, 1863. Whereas the President of the United States, on the 8th day of December, A. , D. eighteen hundred and sixty-three, and on the 26th day of March, A. D. eighteen hundred and sixty- four, did, with the object to suppress the exist- ing rebellion, to induce all persons to return to their loyalty, and'to restore the authority of the United States, issue proclamations offering am- nesty and pardon to certain persons wKo had directly, or by implication, participated in the said re'bellion;' and whereas many persons who had so engaged in said rebellion, 'have, since the 10 POLITICAL MANUAL. iBsnanoe of said nroolamations, faileil or neg- lected to take the benefits ofi'ered thereby ; and whereas many persons who have been justly de-- prived of all claim to amnesty and pardon there- under by reason of their participation, directly or by implication, in said rebellion, and con- tinued hostility to the Government of the United States since the date of said proclamations, now desire to apply for and obtain amnesty and pardon : To the end, therefore, that the authority of the Government of the United States may be restored, and that peace, order, and freedom may be established, I, Andrew Johnson, President of the United States, do proclaim and declare that I hereby grant to all persons who have, directly or indirectly, participated in the existing rebel- lion, except as hereinafter excepted, amnesty and pardon, with restoration of all rights of property, except as to slaves, and except in cases where legal proceedings, under the laws of the United States providing for the confiscation of property of persons engaged in rebellion, have, been insti- tuted; but upon the condition, nevertheless, that every such person shall take and subscribe the following oath (or affirmation), and thence- forward keep and maintain said oath inviolate ; and which oath shall be registered for permanent preservation, and shall be of the tenor and effect toUowing, to wit: "I, , do solemnly swear (or affirm), in presence of Almighty God, that I will hence- forth faithfully support, protect, and defend the Constitution of the United States, and the union of the States thereunder; and that I will, in like manner, abide by and faithfully support all laws and proclamations which have been made during -the existing rebellion, with reference to the emancipation of slaves : So help me God." The following classes of persons are excepted &om the benefits of this proclamation : 1st. All who are or shall have been pretended civil or ?liplomatio officers or otherwise domestic or foreign agents of the pretended government. 2d. All who left judicial stations under the United States to aid the rebellion. 3d. All who shall have been military or naval officers of said pretended confederate govern-, ment above the rank of colonel in the army, or lieutenant in the navy. 4th. All who left seats in the Congress of the United States to aid the rebellion. 5th. All who resigned or tendered resignations of their commissions in the army or navy of the United States, to evade duty in resisting the rebellion. 6th. All who have engaged in any way in treating otherwise than lawfully as prisoners of war, persons found in the United States service as officers, soldiers, seamen, or in other capaci- ties. 7th. All persons who have been or are absen- tees from the United States for the purpose of aiding the rebellion. 8fea. All military and naval officers, in the rebel service, who were educated by the Govern- ment in the Military Academy at West Point or the United States Iproclamation : arms, ammunition, all articles from which ammunition in made, and gray uniforms and cloth. And I hereby also proclaim and declare that the insurrection, so far as it relates to, and within the State of Tennessee, and the, inhabi- tants of the said State of Tennessee as re-organ- ized and oonstitiited under their recently adopted constitution and re -organization, and accepted by them, is suppressed, and therefore, also, that all the disabilities end disqualifications attach- ing to said State and the inhabitants thereof 14 POLITICAL MANUAL. consequent upon any proclamations, issued by virtue of the fifth section of the act entitled " An act further to provide for the collection of duties on imports and for other purposes," approved the thirteenth day of July, one thousand eight hundred and sixty-one, are removed. But nothing herein contained shall be consid- ered or construed as in any wise changing or impairing any of the penalties and forfeitures for treason heretofore incurred under the laws of the United States, or any of the provisions, restrictions, or disabilities set forth in my proc- lamation, bearing date the twenty-ninth day of May, one thousand eight hundred and sixty- five, or as impairing existing regulations for the suspension of the habeas corpus, and the exercise of military law in cases where it shall be neces- sary for the general public safety and welfare during the existing insurrection ; nor shall this proclamation affect, or in any way impair, any laws heretofore passed by Congress, and duly approved by the President, or any proclamations or orders, issued by him, during the aforesaid in- surrection, abolishing slavery, or in any way affecting the relations of slavery, whether of per- sons or of property ; but on the contrary, all such laws and proclamations heretofore made or issued are expressly saved, and declared to be in full force and virtue. In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this thir- teenth day of June, in the year of our Lord one thousand eight hundred and [seal.] sixty-five, and of the independence of the United States of America the eightv- ninth. Andeew Johnsoh. By the President : William H. Sewaed, Secretary of State. Blockade Bescinded, June 23, 1866. Whereas by the proclamation of the Presi- dent of the fifteenth and twenty-seventh of April, eighteen hundred and sixty-one, a block- ade of certain ports of the United States was set on foot ; but whereas the reasons for that measure have ceased to exist : Now, therefore, be it known that I, Andrew Johnson, President of the United States, do hereby declare and proclaim the blockade aforesaid to be rescinded as to all the ports aforesaid, includ- ing that of Galveston and other ports west of the Mississippi river, which ports will be open to foreign commerce on the first of July next, on the terms and conditions set forth in my I proclamation of the twenty-second of May last. It is to be understood, however, that the block- ade thus rescinded was an international measure for the purpose of protecting the sovereign rights of the United States. The greater or less sub- version of civil authority in the region to which it applied, and the impracticability of at once restoring thatin due efficiency, may, for a season, make it advisable to employ the army and navy of the United States towards carrying the laws into effect, wherever such employment may be necessary. In testimony whereof, I have hereunto set my hand and cadsed the seal of the United States to be affixed. Done at the city of Washington this twenty*; third day of June, in the year of our r 1 Lord one thousand eight hundred and i^- ®-J sixty-five, and of the Independence of the United States the eighty-ninth. Ahdkew Johksoh. By the President: _^ W. HuHTEE, Acting Secretary of State. "" Further Bemoval of Bestriotions, Angnst S9, 1865. Whereas by my proclamations of the thir- teenth and twenty-fourth of June, one thousand eight hundred and sixty-five, removing restric- tions, in part, upon internal, domestic, and coast- wise intercourse and trade with those States recently declared in insurrection, certain articles were excepted from the effect of said proclama- tions as contraband of war ; and whereas the necessity for restricting trside in said articles has now, in a great measure, ceased : It is hereby ordered, that on and after the let day of Sep- - tember, 1865, all restrictions aforesaid be re- moved, so that the articles declared by the said proclamations to be contraband of war may be imported into and sold in said States, subject only to such regulations as the Secretary of the , Treasury may prescribe. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this twenty- i ninth day of August, in the year of our Fl s 1 ^°^^ °°® thousand eight hundred and '■ ' ■•' sixty-five, and of the Independence of the Uhited States of America the ninetieth. A'ndeew Johnsoh. By the President : William H. Sewabd, Secretary of State. " Passports for Paroled Prisoners. Depaetment op State, WASHiHGTOif, August 25, 1865. Paroledpriaoners asking passports as citizens of the United StaAes, and against whom no spe- cial charges may be pending, will be furnished i with passports upon application therefor to the Department of State in the usual form. Such passports will, however, be issued upon the con- dition that the applicants do not return to the United States without leave of the President. Other persons implicated in the rebellion, who may wish to go abroad, will apply to the De- ,. partment of State for passports, and the appliT cations will be disposed of according to the^ merits of the several cases. By the President of the United States. William II. Sewaed. Paroling certain State Prisoners. BXEOTJTIVE OlTlOE .^ Washhtotor, October 11, 1865 Whereas the tollowing named persons, to wit • John A. Campbell, of Alabama ; John H Eea- gan, of Texas; Alexander H. Stephens of' Georgia ; George A. Trenholm, of South Caro- lina; and Charles Clark nf M;ooii,=;«„; ig^^gi„ :j ORDEES ANB PROCLAMATIONS. 15 engaged in rebellion against the United, States Oovermnent, who are now in close custody, have made their eubmission to the authority of the United St&tea and supplied to the President for pardon under his proclamation ; and whereas, the authority of the Federal Government is suf- ficiently restored in the aforesaid States to admit of the enlargement of said persons from close custody, it is ordered that they be released on giving their respective paroles to appear at such time and place as the President may designate, to answer any charge that he may direct to be preferred against them ; and also that they will respectively abide until further orders in the places herein designated, and not depart there- from : John A. Campbell, in the State of Ala- bama; John H. Eeagan, in the State of Texas; Alexander H. Stephens, in the State of Georgia; George A. Trenhdlm, in the State of South Caro- lina ;'and Charles Clark, in the State of Missis- sippi. And if the President should grant his pardon to any of said persons, such person's parole will be thereby discharged. , Andrew Johnsoit, President. IVIastial Law 'Withdrawn from Eentucky, Octo- ber 13, 1866. Whereas by a proclamation of the fifth day of July, one thousand eight hundred and sixty- four, the President of the United States, when the civil war was flagrant, and when combina- tions were in progress in Kentucky for the pur- pose of inciting insurgent raids into that State, directed that the proclamation suspending the writ of habeas corpus should be made effectual in Kentucky, and tJiat-martial law should be es- tablished there and continue until said procla- mation should be revoked or modified; And whereas since then the danger of insurgent raids into Kentucky has substantially passed away: Now, therefore, be it known, that I, Andrew Johnson, President of the United States, by vir- tue of the authority vested in me by the Consti- tution, do hereby declare that the said procla- mation of the fifth day of July, one thousand eight hundred and sixty-four, shall be, and is hereby, modified in so far that martial law shall be no longer in force in Kentucky from and after the date hereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this twelfth day of October, in the year of our Lord - ■, one thousand eight hundred and sixty- L ' ^'J five, and of the Independence of the United States of America the ninetieth. ■ Andrew Johhson. By, the President; W. HtriTTER, Acting Secretary of State. Annulling the Suspension of the Habeas Corpus, December 1, 1885 Whereas by the proclamation of the President of the United States of the fifteenth day of Sep- tember, one thousand eight hundred and sixty- three, the privilege of the writ of habeas corpus was, in csriain. cases therein set forth, suspended throughout the United States ; * And whereas the reasons for that suspension may be regarded as having ceased in some of tho States ana Territories: Now, therefore, be it known that I, Andrew Johnson, President of the United States, do here- by proclaim and declare that the suspension aforesaid, and all other proclaniations and orders suspending the privilege of the writ of habeas corpus in the States and Territories of the United States, are revoked and annulled excepting as to the States ' of Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territo- ries of New Mexico and Arizona. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this first day of December, in the year of our Lord ono r n thousand eight hundred and sixty-five, 1 J and of the Independence of the United States of America the ninetieth. Andrew Johnson. By the President : William H. Sewaed, Secretary of State. Ansonncing that the Bebellion has ended, April 8,1866. Whereas, by proclamations of the fifteenth and nineteenth of April, one thousand eight hundred and sixty-one, the President of the United States, in virtue of the power vested in him by the Con- stitution and the laws, declared that the laws of the United States were opposed, and the execu- tion thereof obstructed in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combination^ too power- ful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law ; And whereas, by another proclamation made on the sixteenth day of August, in the same year, in pursuance of an act of Congress approved July thirteenth, one thousand eight hundred and sixty-one, the inhabitants of the States of Georgia, South Carolina, Virginia, Nortl^ Carolina, Ten- nessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, and Florida (except the inhabitants of that part of the State of Virginia lying west of the Alleghany mountains, and to such other parts of that Stats and the other States before named, as might maintain a loyal adhesion to the Union and the Constitution, or might be from time to time occupied and controlled by forces of the United States engaged in the dispersion of insur- gents) were declared to be in a state of insurrec- tion against the United States ; And whereas, by another proclamation of the first day of July, one thousand §ight hundred and ' sixty-two, issued in pursuance of an act of Con- gress approved June 7, in the same year, tlie in- surrection was declared to be still existing in tho States aforesaid, with . the exception of certain specified counties in the State of Virginia ; And whereas, by another proclamation made on the second day of April, one thousand eight hundred and sixty-three, in pursuance of the act of Congress of July 13, one thousand eight hun- dred and sixty- one, the exceptions named in the 16 POLITICAL MANUAL. proolamatioa of August 16, one thousand eight inundred and sixty-one were revoked, andthein- Aabitanls of the States of Georgia, South Carolina, North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Vir- ginia, (except the forty-eignt counties of Virginia designated as West Virginia, and the ports of New Orleans, Key West, Port Royal, and Beaufort, in South Carolina,) were declared to be still in a state of insurrection against the United States. And whereas the House of Representatives, on the 22d day of July, one thousand eight hun- dred and six^-one, adopted a resolution in the words following, namely : " Sesolved by the Souse of Bepreeentatives of the Congress of the United States, That the pres- ent deplorable civil war has been forced upon the country by the disunionists of the southern States, now in revolt against the constitutional Government, and in arms around the capital ; that in this national emergency Congress, ban- ishing all feelings of mere passion or resentment, will recollect only its duty to the whole country ; that this war is not waged on our part in any spirit of oppression, nor for any purpose of con- quest or subjugation, nor purpose of overthrow- ing or interfering with the rights or established institutions of those States ; but to defend and maintain the supremacy of the Constitutio n and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired; that as soon as these objects are accomplished, the war ought to cease." And whereas the Senate of the United States, on the 25th day of July, one thousand eight hundred and sixty-one, adopted a resolution in the words following, to wit : " Besolved, That the present deplorable civil war has been forced upon the country by the disunionists of the southern States, now in re- volt against the constitutional Government, and in arms around the capital; that in this national emergency Congress, banishing all feeling of mere passion or resentment, will recollect only its duty to the whole country ; that this war is not prosecuted on our part in any spirit of op- pression nor for any purpose of conquest or sub- rugation, nor purpose of overthrowing or inter- fering with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution and all laws made in pursuance thereof, and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired; that as soon as these objects are accomplished, the war ought to cease." And whereas these resolutions, though not joint or concurrent in form, are substantially identical, and as such may be regarded as having expressed the sense of Congress upon the subject to which they relate ; And whereas, by my proclamation of the thir- teenth day of June last, the insurrection in the State of Tennessee was declared to have been Buppressed, the authority of the United States therein to be undisputed, and such United States officers as had been duly commissioned to be in the undisputed exercise of their official functions ; And wnereas there now exists no organized armed resistance of misguided citizens or others to the authority of the United States in the States of Georgia, South Carolina, Virginiaj North Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and Florida, .and the laws can be sustained and enforced therein by the proper civil authority, State or Federal, andthe people of the said States are well and loyally disposed, and have conformed or will conform in their legislation to the condition of affairs grow- ing out of the amendment to the Constitution ot the United States, prohibiting slavery within the. limits and jurisdiction of the United States: And whereas, in view of the before recited premises, it is the manifest determination of the American people that no State, of its own will, has the right or the power to go out of, or separate Itself from, or be separated from the American Union, and that therefore each State ought to remain and constitute an integral part of the United States ; And whereas the people of the several' before- mentioned States have, in the manner aforesaid, given satisfactory evidence that they acquiesce in this sovereign and important resolution of national unity ; And whereas it is believed to be a fundamental principle of government that people who have revolted, and who have been overcome and sub- dued, must either he dealt with so as to induce them voluntarily to become friends, or else thoy must be held by absolute military power, or de- vastated, so as to prevent them Irom ever again doing harm as enemies, which last-named policy j is abhorrent to humanity and freedom ; And whereas the Constitution of the United States provides for constituent communities only as States and not as Territories, dependencies, provinces, or protectorates ; And whereas such constituent States must ne- cessarily be and by the Constitution and laws of the United States are made equals and placed upon a like footing as to political rights, immu- nities, dignity, and power, with the several States with wnich they are united ; And whereas the observance of political equal- ity as a principle of right and justice is well cal- culated to encourage the people of the aforesaid States to be and become more and more constant and persevering in their renewed allegiance ; And whereas standing armies, military occu- pation, martial law, military tribunals, and the suspension of the privilege of the writ of habeas corpus are, in time of peace, dangerous to public liberty, incompatible with the individual rights of the citizen, contrary to the genius and spirit ( of our free institutions, and exhaustive of the national resources, and ought not, therefore, to / be sanctioned or allowed, except in cases of actual I necessity, for repelling invasion or suppressing insurrection or rebellion ; And whereas the policy of the Government of the United States, from the beginning of the in- surrection to its overthrow and final suppression, has been in conformity with the principles here- in set forth and enumerated : Now, therefore, I, Andrew Johnson, Presi- dent of the United States, do hereby procl|ini and declare that the insurrection which hereto- fore existed in the States of Georgia, Sonth Carolina, Virginia, North Carolina, Tennessee, ORDERS AND PROCLAMATIONS 17 Alabama, Louisiana, Arkansas, Mississippi and Florida is at an end, and is henceforth ro be so regarded.* In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, the second day of April, in the year of our Lord j- . 1 one thousand eight hundred and sixty- ' '■' six, and of the Independence of the United States of Ame:ica the ninetieth. Andeit Johhso:?. By the President: Wm. H. Sewaeb, Secretary of State. Order in Belation to Appointments to Office. Executive Mahsiost, April 7, 1866. It is eminently right and proper that the Government of the United States should give earnest and substantial evidence of its just ap- preciation of the services of the patriotic men who, when the life of the nation was imp-eriled, entered the army and navy to preserve the integrity of the Union, defend the Government, and maintain and perpetuate unimpaired its free institutions. It is therefore directed : Mrst. That in appointments to office in the several' executive departments of the General Government and the various branches of the public service connected with said departments, E reference shall be given to such meritorious and onorably discharged soldiers and sailors, par- ticularly those who have been disabled by wounds received or diseases contracted in the line of duty, as ipay possess the proper qualifi- cations. Second. That iiuall promotions in said depart- ments and the several branches of the public service connected therewith, such persona shall have preference, when equally eligible and * The following official telegraphic correspondence shows the scope of the proclamation, in the opinion of the Presi- dent: ■ AnoDSTA, Ga., Apra 7, 1866. Mifl. Gen. 0. 0. HowAUB: Does the President's recent proclamation remove martial law in this State ? If so. Gen. Brannan does not feel au- thorized to arrest parties who hare committed outrages on freed people or Union refagees. Please answer by telegraph. Davis Tilisow, Brig. 6m. of Volt.. ^Answer.] Adjotant GzinsBAL's Ofmok, Wae Depahtbunt, Washihgtoh, April 17, 1866. The President's proclamation does not remove martial law, or operate in any way upon the Freedmen's Bureau in the exercise of its legitimate jurisdiction. It is not expe- dient, however, to resort to military tribunal in any caee where justice can be attainc/d through the medium of civil anthority. E. D. Towksend, A. A. 6. TO GOVERNOE WORTH, OP NOETH CAROLINA. WAaHiKOTON, D. C, April 27, 1866. To Gov. Woeth : I am directed by the President to inform yon that by his proclamation of April 2, 1866, it was not intended to interfere with military commissions at that time or previously organized, or trials then pending before finch commissions, unless by special instructions the accused were to be turned over the civil authorities. General Ruger has been instructed to proceed with the trial to which you refer ; but before the execution of any sentence rendered by said commission, to report all the proceedings to the War Department for examination and revision. There haa been an order this day prepared, and which will soon be issued, which will relieve and settle all embarrassment growing o:it of a misconstruction of the proclamation, of which I «fll Bend you a copy. Edmund Coopeb, Acting Private Secretary to the Presidgntt 2 qaalified, over those who have not faithfii^t and honorably served in the land and na^wj forces of the United States. Andrew Johhsoit. Order in Belation to Trials by military CourtE and Commissions. War Depaetment, Adjutant Geheeal's Office, Washington, May 1, 1866. Oenaral Orders No. 26 : Whereas some military commanders are em- barrassed by doubts as to the operation of tho proclamation of the President, dated the 2d day of April, 18G6, upon trials by military courts- martial and military offenses, to remove such doubts, it is ordered by the President that — Hereafter, whenever ofl'ens6.i committed by civilians are to be tried where civil tribunals are in existence which can try them, their cases are not authorized to be, and will not be, brought before military courts-martial or commissions, but will be committed to the'propei civil author» ities. This order is not applioable to camp fol- lowers, as provided for under the 60lh Article of War, or to contractors and others specified in section 16, act of July 17, 1862, and sections 1 and 2, act of March 2, 1863. Persons and of- fenses cognizable by the Rules and Articles of War, and by the acts of Congress above cited, will continue to be tried and punished by mili- tary tribunals as prescribed by the Rules and Articles of War and acts of Congress, herein- after cited, to wit : Sixtieth of the Bibles and Articles of War. All sutlers and retainers to the camp, and all per- sons whatsoever serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders according to the rules and discipline of war. * * H ( By order of the Secretary of War : E. D. TOWNSEND, Assistant Adjutant Qeneral. Against the Fenian Invasion of Canada, Jane 6, 1866. Whereas it has become known to me that cer- tain evil-disposed persons have, within the ter- ritory and jurisdiction of the United States, begun and set on foot, and have provided and prepared, and are still engaged in providing and preparing, means for a military expedition and enterprise, which expedition and enterprise is to be carried on from the territory and jurisdiction, of the United States against colonies, districtSy and people of British North America, within tbe dominions of the United Kingdom of Greait Britain and Ireland, with which said cobaies, districts, and people, and kingdom the United States are at peace ; And whereas the proceedings aforesaid consti- ' tute a high misdemeanor, forbidden by the law> of the United States, as well as by the. lawi of nations: Now, therefore, for the, purpose of prsventing the carrying on of the unlawful expedition and enterprise aforesaid, from the termtory and jurisdiction, of the United States, and' to main- tain the public peace, as well as the national honor, and enforce obedience and respect to. the 18 POLITICAL MANUAL. laws of the United States, I, Andrew Johnson, President of the United States, do admonish and warn all §ood citizens of the United States against taking part in or in any wise aiding, cotintenancing, or abetting said unlawful pro- ceedings, and I do exhort all judges, magistrates, marshals, and officers in the service of the United States, to employ all their awful authority and power to prevent and defeat the aforesaid un- lawful proceedings, and to arrest and bring to justice all persons who may be engaged therein* And, pursuant to the act of Congress in such case made and provided, I do furthermore au- thorize and empower Major General ■ George Q. Meade, commander of the Military Division of the Atlantic, to employ the land and naval forces of the United States and the militia thereof, to arrest and prevent the setting on foot and carrying on the expedition and enter- prise aforesaid. In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington the sixth day of June,, in the year of our Lord one [seal.] thousand eight hundred and sixty- six, and of the Independence of the United States the ninetieth. Andeew Johnsoh. By the President: William H. Sewaed, Secretary of State. * Cireidar to the District Attorneys and Marsfuds of the United States. ArrTORHET General's Office, Washington, D. C, Jum 5, 1866. — ^By direction of the PreBident you are Se^by in. rtmcted to cause the arrest of all prominent, leading, or conspicuous persons called Fenians, whom you miiy have probable cause to believe have been or may be guilty of violations of tlie neutrality laws of the United States . Jakes B?eed, Attomen GmeraL III. ACTION OF THE CONVENTIONS AND LEGISLATURES OF THE LATELY INSURRECTIONARY STATES. KOBTH CABOLIITA. 1865, April 27 — Gen. Schofield announced the cessation of hostilities within that State. April 28 — Gen. Schofield issued an order that, under the emancipation proclamation, all per- fions heretofore held as slaves are now free, and that it is the duty of the army to maintain their freedom. May 29 — William W. Holden appointed Pro- visiosnal Governor. June 12 — Provisional Governor Holden issued his proclamation announcing his purpose, to or- der ar election for a convention, and to appoint justices of the peace to administer the oath of allegiamoe. and conduct the election, &c. July — President Johnson ordered the cot- ton of the State to be restored to her, and the proceeds of all that had been sold to be paid to her agents. Augusts — Provisional Governor Holden fixed Thursday, September 21, for the election of a ■convention. Voters' qualifications are thus prescribed ; •' No person will be allowed to vote who is not a voter qualified as prescribed by the constitu- tion and laws of the State in force immediately before the 20th day of May, 1861, except that the payment of poll tax shall not be requiredi " All paroled soldiers of the army and^ navy of iie pretended Confederate States, or of this State, and all paroled officers of the army and navy of the pretended Confederate States, or of this State, •under and including the rank of colonel, if of the army, and under and including the rank of lieu- tenant,.ifofithe navy, will be allowed to vote, pro- vided they are not included in any of the fourteer. excluded classes of the President's amnesty pro- clamation ; and, provided further, that they ariv citizens of the State in accordance with the termc prescribed in the preceding paragraph. " No person will be allowed to vote who doet. not exhibit to the inspectors a copy of the am- nesty oath, as contained in the President's pro- clamation of May 29, 1865, signed by himself and certified by at least two justices of the peace' The convention to meet October 2. September 29 — The colored people of the State met in convention in Ealeigh, and petitioned for legislation to secure compensation for labor, and enable them to educate their children, and ask^ ing protection for the family relation, and for the repeal of oppressive laws making unjust dis- criminations on account of race or color. October 2 — Convention met. October 1 — The secession ordinance declared " null and void." October 9 — An ordinance passed, declaring slavery forever prohibited within the State. October 10 — Ordinance paesod, providing for an election for Governor, members of the Legis- lature, and seven members of Congress November 9, the Provisional Goveruor to give the certifi- cates. Each member, cf the Legislature, and each voter to be qualified " according to the now existing constitution of t'ae State : Provided, That no one shall be -sligible to a seat, or be ca- pable of voting, who, boing free in all respects, shall not, before Mayf.0, 1865, have taken Prosit , dent Limjoln's amnesty oath, or have taken Presi- dent Jdhnsoa's cath, and who shall not in CONVENTIONS AND LE«ISLATURES. 19 either case be of the excepted classes. All per- Bbns who have p'roferlred petitions for pardon shall be deemed to have been pardoned if the fact of being pardoned shall be announced by the Governor, although the pardon may not have been received. The payment of a public tax shall not be required as a qualification of the voter in the elections in November next. October 12 — Convention tabled a proposition to prohibit the, payment of the war debt created by the State in aid of the rebellion. October 16^-Ordinance passed, dividing the State into seven congressional districts. October 17 — Eeswution adopted, requesting Gotigl'ess to repeal the " test-oath." October 18 — President Johnson sent this tele- gram : I ExEoniivE OFficB, Washihqton, D. C, October 18, 1865. W. W. HoLDEW, Provisional Oovernor: Every dollar of the debt created to aid the rebellion against the Uuited States should be re- pudiated finally and forever. The great mass of the people should not be taxed to pay a debt to aid in tarrying on a rebellion which they in fact, if left to themselves, were opposed to. Let those who have given their means for the obli- gations of the State look to that power they tried to establish in violation of law, constitu- tion, and will of the people. They must meet their fate. It is their misfortune, and cannot be recognized by the people of any State professing themselves loyal to the government of the Uni- ted States and in the Union. I repeat that the loyal people of North Carolina should be exou- eratea from the payment of eweij dollar of in- debtedness created to aid in carrying on the rebellion. I trust and hope that the people of North Carolina will wash their hands of every- thing that partakes in the slightest degree of the rebellion, which has been so recently crushed by the strong arm of the Government in carry- ing out the obligations imposed by the Constitu- tion of the Union. Andrew Johnson, IVesident of the United States. October 19 — Ordinance passed, that no officer of this State who may have taken an oath of office to support the constitution of the Confed- eriite States, shall be capable of holding under the State any office of trust or profit which he held when he took sueh oslth, until he may be appointed or re-elected to the same ; and all the offices lately held by such persons are hereby declared vacant. October 19 — Convention— yeas 84, nays 12 — passed an ordinance prohibiting the assumption of the State debt created in aid of the rebellion. An amendment to refer this question to a vote of the people, lost. November 9 — Election of State 'officers and Eepresentatives in Congress. Same day, ordi- nances repealing secession ordinance and anti- slavery ordinance, submitted to popular vote, and approved. November 13 — Legislature met. December 1 — The Legislature ratified, with six dissenting voices, the anti-slavery amend- ment. - December 9 — Jonathan Worth declared elected Governor, by a vote of 32,529 to 25,809 for Prov. Gov. Holden. December 15 — Governor Worth qualified. 1866, May 24 — The Convention re-assembled. A motion to adjourn sine die was tabled, 61 to 30. UISSISSIFFI. 1865, May 10 — Governor Clark called an extra session of the Legislature for the 18th, to order a State Convention. May 21 — Major General Canby telegraphed as follows to Major General Warren, command- ing the departiflent: "By direction of the Presi- dent, you will not recognize any officer of the Confederate or State government, within the limits of your comniana, as authorized to exer cise in any manner whatever the' functions of their late offices. You will prevent, by. force if necessary, any attempt of any of the legislatures of the States in insurrection to assemble for legislative purposes, and wil^ imprison any mem- bers or other persons who may attempt to exer- cise these functions in opposition to your orders." June 13 — William L. Sharkey appointed Pro- visional Governor. July 1 — Prov. Gov. Sharkey issued a procla- mation appointing local' officers, and fixing an election fcr a Convention — ;August 7th — voters to have these qiialifications : ' " Voters for delegates to this convention must possess the qualifications required by the consti- tation and laws as they existed prior to the 9th day of January, 1861, aiid must also produce a certificate that they have taken, before a com- petent officer, the amnesty oath prescribed by the proclamation of the 29th of May, 1865, which certificate shall be attached to or accompanied by a copy of the oath, and no one will" be eligi- ble as a member of this convention who has- not also taken this oath." August 14 — Convention met. August 15 — President Johnson sent this tele- gram ; Executive Office, Washington, D. C, August 15,C Governor W. L. Shaeket, Jackson, Miss. : I am gratified to see that you have organized your Convention without difficulty. I hope that without delay your Convention will amend youi State constitution, abolishing slavery and deny- ing to all future legislatures the power to legis- late that therfe is property in man ; also that they will adopt the amendment to the Constitution oi the United States abolishing slavery. If you could extend the elective franchise' to all persons of color who can read the Constitution of the United States in English and write their names, and to all persons of color who own real estate valued at not less than two hundred and fif^ dollars, and pay taxes thereon.- y^nrwo'uTd coi n- ' pletely disarm the a,dvRrsarya ,nd set a,n eTfl.implA the other States will follow. This you can do with perfect safety, and you thus place ths southern States, in reference to free persons of color, upon the same basis with the free States. I hope and trust your convention will do this, and, as a consequence, t hfi' radical s, who are wild upon negro franchise, w ill be completely foiled in theit attempt ' to k eep t he southern Statai 20 POLXTICAL MANUAL. from renewing their relations to the Union by not accepting their senators and representatives.* Akdrew Ji;_H:«iso and who shall have taken and subscribed the am-' nesty oath, shall be entitled to vote in the county where they respectively reside. But no soldier, seaman, or maiine not a resident in the State at the time of his enlistment shall be allowed to vote." October 25 — Convention met. October 28. — Secession ordinance annulled. November 6— Slavery abolished — " slavery having been destroyed in the State by the Gov- ernment of the United States." Same ordinance gives colored people the right to testify in all cases where the person or property of such per- son is involved, but denies them the light to testify where the interest of the white class are involved. Same day— Rebel State debt repudiated. A bill was first passed submitting this question to a vote of the people- but this was reconsidered, on finding this was a condition of recognition by the executive branch of the government, and the direct repudiation adopted. November 2&— Election held under an ordi- nance of the Convention for State officers and Representative in Congress. Pejjember 18— Legislature met. December 28— Anti-slavery amendment rati- fied, with this declaratory resolution apart of the ratifying instrument : " Resolved, That this amendment to the Con* CONVENTIONS AND LEfllSLATTTBES, •Zb Btitulion of the United States is adopted by the Legislature ol the State.ol' Florida, with the un- deratandiug that it does not confer upon the Congress the power to legislate dpon the politi- cal status of the freedmeu in this State." Bending this action, this telegraphic corres- pondence took place ; Depaetment op StATEj Washington, September 12, 1865. SiE : Your excellency's letter of the 29th ulti- mo, with the accompanying proclamation, has been received and submitted to the President. Thesteps to which it refers, towards reorganizing the government of Florida, seem to be in the main judicious, and good results from them may be hoped for. The presumption to which the pro&lamation refers, however,, in favor of in- surgents who may wish to vote, and who may have applied for, but not received, their pardons, is not, entirely approved. All applications for pardons will be duly considered, and will be dis- posed of as soon as may be practicable. It must, however, be.distinotly understood that the restora- tion to which your proclamation refers will be subject to the decision of Congress. I have the honor to be, your ezoellenoy's obedi- «nt servant, William U. Sbwaed. His Excellency William Marvin. Opeioe or THE Ebovisional Governor, Tallahassee, Fla., October 7, 1865. * * * I have said that the Convention will, in good faith, abolish slavery ; but I think it probable that the Legislature, which- will be elected and convened at an early period, will feel some reluctance against ratifying the pro- posed amendment to the Comstitutio;i of the United States. The principal argument urged against the ratification is, tnat the Legislature., will thereby assist to impose abolition on Ken- tucky and Delaware, which have not yet abol- ished slavery. If the President should think it desirable that the Legislature should ratify the proposed amendment, either with a view to pro-, mote a more coiiiplete reconciliation between the North and the South, or for ai^y other reason, he possibly may not deem it amiss to communicate to me his wishes on the subject. His wishes on the subject would be very potent in the State. The military authorities in the State, under the command of Major General Foster, are ren- dering me every possible assistance in sending out notices and proclamations of the election, in the absence of mail facilities, and no disagree- ments exist between us. <;, I 'have the honor to be, very respectfully, your obedient servant, Wm. Marvin, Provisional Governor. Hon. W. H. Seward, Secretary of State. Department of State, Washington, November 1, 1865. His Excellency William Marvin, I Provisional Governor: Your letter of October 7 was received and submitted to the President. He is gratified- with the favorable progress towards reorganization in Florida, and directs me to say that he re- gards the ratification by the Legislature of the .congressional amendment of the Constitution of the United States is indispensable to a success- ful restoration of the true legal relations be- tween Florida and the other States, and equally indispensable to the return of peace ana har- mony throughout the Republic. William H. Seward. VIKGINIA. 4 — President Lincoln visited 1865, April Eichmond. April 7 — An informal meeting of private in- dividuals, among whom were five or six members of the rebel legislature in Richmond, was had to consider a suggestion that the Legislature re- assemble to call a Convention to restore Virginia to the Union, said to be with the concurrence of President Lincoln. April 12 — This address was published in tho Richmond Whig: address to the people op Virginia. The uudersigned, members of* the Legislature of the State of Virginia, in connection with a number of the citizens of the State, whose names are attached to this paper, in view of the evacuation of the city of Richmond by the Con- federate government and its occupation by the military authorities of the United States, the surrender of the army of northern Virginia, and the suspension of the jurisdiction of the civil power of the State, are of the opinion that an immediate meeting of the General Assembly of the State is called for by the exigencies of the situation. The consent of the military authori- ties of the United States to a session of the Legislature in Richmond, in connection with the Governor and Lieutenant Governor, to their free deliberation 'upon public affairs, and to the ingress and departure of all its members under safe conduct, has been obtained. The United States authorities will afford trans- portation from any point under their control to any of the persons before mentioned. The matters to be submitted to the Legislature are the restoration of peace to the State of Vir- ginia, and the adjustment of the questions, in- volving life, liberty and property, that have arisen in the State as a consequence of war. _ We, therefore, earnestly request the Governor, Lieutenant Governor, and members of the Legis- lature, to repair to this city by the 25lh of April, instant., We understand that fuU protection to persona and property will be afforded in the State, and we recommend to peaceful citizens to remain at their homes and pursue their usual avocations with confidence that they will not be interrupted. We earnestly solicit the attendance in Rich- mond, on or before the 25th of April, instant, of the following persons, citizens of Virginia, to confer with us as to the best means of restor- ing peace to the State of Virginia. We have secured safe conduct from the military authori- ties of the United States for them to enter the city and depart without molestation : Hons. R. M. T. Hunter, A. T. Caperton, Wm, C. Rives, John Letcher, A. H. H. Stuart, R. L. Montague', Fayette McMulleu, J. P. Holcombe, Alex. Rives, B. Joh ison Barbour, Jas. Barbour, Wm. L. Goggin. J. B. Baldwin, Thos. S. Qliol- 26 POLITICAL MANUAL. son, Waller Staples, S. D. Miller, Thos. J. Ran- dolph, Wra. T. Early, E. A. Claybrook, John Critoher Williains, T. H. Eppea, and those other persons for whom passports have been procured, and especially others whom we consider it un- necessary to mention. Signed — A. J. Marshall, Senator from Fauquier. John Wesson, Senator from Marion. James Venable, Senator elect from Petersburg. David J. Burr, of the House of Delegates, from Richmond. David J. Saunders, of the House of Delegates, Richmond city. L. S. Hall, of the House of Delegates, Wetzel Gounty. J. J. English, of the House of Henrico county. Wm. Ambers, of the House of Delegates, Chesierfield county. A. M. Keetz, House Delegates, Petersburg. H. W. Thomas, Second Auditor, Richmond. Lieutenant L. L. Moucure, Chief Clerk, Second Auditor's office. Joseph Mayo, Mayor, city of Richmond. Robert S. Howard, Clerk Hustings Court, Richmond city. Thomas W. Dudley, Sergeant, Richmond city. Littleton Tazewell, Commonwealth's Attor- ney, Richmond city. Wm. T. Joynes, Judge of the Circuit Court, Petersburg. John A. Meredith, Judge of the Circuit Court, Richmond. Wm. /H. Lyons, Judge of the Hustings Court, Richmond. Wm. C. Wickham, Member of Congress, Rich- mond. Benjamin S. Ewell, President of William and Mary College. Nat. Tyler, editor Richmond .Enquirer. R. F. Walker, publisher. Examiner. J. R. Anderson, Richmond. R. R. Howison, Richmond. W. Goddin, Richmond. P. Q. Bagloy, Richmond. F. J. Smith, Richmond. Franklin Sterns, Henrico. John Lyon, Petersburg. Thomas B. Fisher, Faua^ie^. Wm. M. Harrison, Charles City. Cyrus Hall, Ritchie. Tnos. W. Garnett, King "^nd Queen. James A. Scott, Richmond. I concur in the preceding recommendation. J. A. Campbell. Approved for publication in the Whig and in handbill form. G. WEiiiEL, Major General Commanding. RiOHMOUD, Va., April 11, 1865. April 12 — Said authority revoked in this tele- gram from President Lincoln to Major General Weitzel, being the last telegram ever transmitted by the former : OmcB U. S. Military Telegbaph, Wak Department, WASHiNaToir, D. C, April 12, 1865. MMor General Weitzel, Biohmona, Va..- I have just seen Judge Campbell's letter to you of the 7th. He assumes, as appears to me, that I have called the insurgent Legislature of Virginia, together, as the rightful Legislature ,c the State, to settle all differences with the TJnitei States. I have done no such thing. I spokaj them not as a legislature, but as " the gentB men who have acted as the Legislature of Vir ginia in support of the rebellion." I did tfifl on purpose to exclude the assumption that I Wij recognizing them as a rightful body. I deal with them as men having power de facto to d( a specific thing, to wit, " to withdraw the Vir- ginia troops and other support from resistanei to the General Government," for which, in th( paper handed to Judge Campbell, I promised i specific equivalent, to wit, a remission to thi people of the State, except in certain cases, the confiscation of their property. I meant this anii no more. Inasmuch, however, as Judge Camp- bell misconstrues this, and is still pressing for a| armistice, contrary to the explicit statement d the paper I gave him ; and particularly as Genj Grant has since captured the Virginia troops, bo that giving a consideration for their withdraw^ is no longer applicable, let my letter to you and the paper to Judge Campbell both be withdraiSi or countermanded, and he be notified of it. Do not now allow them to assemble ; but if anj have come, allow them safe return to their homan A. Lihooljk 9 — President Johnson issued an execu- tive order recognizing the Pierpoint Adminis- tration as that of Virginia. (See Presideflj Johnson's Orders, p. 8.) '^ June 19 — Legislature met. June 20 — Bill passed prescribing means by which persons who have been disfranchised by the third article of the constitution may be re- stored to the rights of voters. [It provides, substantially, that persons, otherwise qualified as voters, who take the amnesty oath and'^ oath to uphold the executive government w Virginia, stiall be qualified as voters.] '* June 21 — Bill passed submitting to a vote, of the people whether the legislature to be chosott at the next election should have power to altei or amend the third article of the constitution; which is in these words : " No, person shall vote or hold office undei this constitution who has held office under the so-called Confederate government, or under any rebellious State government, or who has been a member of -the so-called Confederate Congress, or a member of any State Legislature in rebel- lion against the authority of the United State^ excepting therefrom the county officers." Jgine 23 — Legislature adjourned. October 12~Election held for Representatives in Congress. The vote on empowering thS Legislature to alter the third article almoKt unanimously affirmative. December 4— Legislature assembled. A bill passed, providing that all qualified voters here- tofore identified with "the rebellion," and, not excluded frpm the amnesty proclamation bjl President Johnson (with the exception of thoSa embraced in the " $20,000 clause,") can appeal before a notary public, or other persons au- thorized to administer oaths, under the resto|M Government, and recover the right of ' sul frage, by taking the amnesty oath of the 29th oj May, 1865, an oath to support the restored GoV CONVENTIONS AND LEGISLATUKES. 27 •eminent of Virginia, and to protect and defend tiie Constitution of the United States. He also -"becomes eligible to office, unless he has " held office under the so-called Confederate govern- ment, or under any rebellious State government, jpr has been a member of the so-called Confede- rate Congress, or a member of any State Legis- lature in rebellion against the authority of the ^United States," lexcepting therefrom county jlffficers. TETSnU^SSEE. 1865, March 4— William G. Brownlow elected (Governor, under the organization effected by Andrew Johnson, Military Governor. Brown- low received 23,352 votes, scattering 37. June 6 — Franobise act passed, with theseipro-l visions : Seo. 1. Beit enacted, &e., That the following! persons, to wit: ' 1. Every white man twenty-one jrears of age,( a citizen of the United States and a citizen of the county wherein he may offer his vote six months; next preceding the day of election,.and publicly known to have entertained unconditional Union' sentiments from the outbreak of the rebellion Jt^til the present time ; and 2. Every white man, a citizen of the United, States and a gitizen of the county wherein he , ,!8ay offer his vote six months next preceding the d^y of election, having arrived at the age of twenty-one years since March 4, 1865: Pr!mied,\ That he has not been engaged in armed rebel-' lion against the authority (M the United States Voluntarily ; and i 3. Every white man of lawful age coming from another State, and being a citizen of the; United States, on proof of loyalty to the United States, and being a citizen of the county wherein he may offer his vote six months next preceding ' ihe day of election ; and , 4. Every white man, a citizen of the United' States and a citizen of this State, who has served ^ a soldier in the army of the United States, and' has been or may be hereafter honorably di3< charged therefrom ; and 5. Every white man of lawful age, a citizen of' tfee United States and a citizen of the county' wherein he may offer his vote six months next preceding the day of electioa, who was con- scripted py force into the so-paHed confederate army, and was known to be a Union man, on Pioof of loyalty to the United States,, estab-i fished by the testimony of two voters under the previous clauses of this section ; and 6. Every white man who voted in this State at the presidential election in November, 1864, i?r voted on the 22d of February, 1865, or voted on the 4th of March, 1865, in this State, and all others Who had taken the "oath of allegiance" Ip the United States, and may be known by the judges of election to have been true friends to |!ie ^Government of the United States, and would have voted in said previously mentioned elec- Iv&ns if the same had been holden within their reach, shall be entitled to the privileges of the electi'\re franchise. Sec. 2. That all persons who are or shall have feen civil or diplomatic officers or agents of the have left judicial stations under the United States or the Stale of Tennessee to aid, in any way, the existing or recent rebellion against the authority of the United States, or who are or shall have been military or naval officers of the so-called Confederate States, above the rank qf captain in the army or lieutenant in the nayy ; or ^ho have left seats in the United States Con- fress or seats in the Legislature of the State of ennessee, to aid in said rebellion, or have re- signed commissions in the army or navy of the United States, and afterward have voluntarily given aid to said rebellion ; or persons who have been engaged in treating otherwise than law- fully, as prisoners of war, persons found in the United States service as officers, soldiers, seamen, or in any other capacities ; or persons who have been or are absentees from the United States for the purpose of aiding the rebellion ; or persons who held pretended offices under the govern- ment of States in insurrection against the United States ; pr persons who left their homes within the jurisdiction and protection of the United States, or fled before the approach of the na- tional forces and passed beyond the Federal mil- itary lines into the so-called Confederate States,, for the purpose of aiding the rebellion, shall be denied and refused the privilege of the elective franchise in this State for the term of fifteen years from and after the passage of this act. Sec. 3. That all other persons, except those mentioned in seotipn one pf this act, are hereby and henceforth excluded and denied the exercise of the privilege of the elective franchise in this State for the term of five years from and after the passage of this act. Seo. 4. That all persons embraced in sectipn three of this act, after the expiration of said five years, may be readmitted to the privilege of the elective franchise by petition to the cir- cuit or chancery court, on proof of loyalty to the United States, in open court, upon the testi- mony of two or more loyal citizens of the United July 15 — President Johnson sent this telegram : WASHiirGTOir, D. C.^3.50 P. M., July 16, 1865. To 0(yiier»pr W. Q. Sromnlow : I hope, as I have no doubt you will see, that the laws passed by the last Legislature are faith- fully executed, and that all illegal voters in the approaching election be kept from the polls, and that the election of members of Congress be conducted fairly. Whenever it becomes neces- sary for the execution of the law and the protec- tion of the ballot-box, you will call upon Gene- ral Thojnas for eufficient military force to sus- tain the civil authority of the State. I have just read your address, which I most heartily endorse. Ahdbew Johhson, Preddent U. S. A. 1866, April' 12^-An amendment to the fran- chise act passed the House, 41 to 16. May 3— The Senate passed it, 13 to 6. Its principal provisions are : Seo. 1. That every white male inhabitant of this State of the age of twenty-one years, a citi- zen of the United States and a resident of the county wherein he may offer his vote six months BD-called Confederatp States of America, or who, next preceding the day of election, shall beenli- 28 POLITICAL MANUAL. tied to the privilege of the elective franchise, Bubjeot to the following exceptions and disquali- fications, to wit : First. Said voter shall have never borne arms against the Government of the United States for the purpose of aiding the late rebellion, nor have voluntarily^ given aid, comfort, countenance, counsel, or encouragement ' to any rebellion against the authwity of the United States Gov- ernment, nor aided, countenanced, or encouraged acts of hostility thereto. Second. That said voter shall have never sought, or voluntarily accepted, any ofEce, civil or military, or attempted to exercise the func- tions of any office, civil or military, under the authority or pretended authority of the so-called Confederate States of America, or of any insur- rectionary State whatever, hostile or opposed to the authority of the United States Government, with "the intent and desire to aid said rebellion or insurrectionary authority. Third. That said voter shall have never volun- tarily supported any pretended government, power, or authority hostile or inimical to the au- thority of the United States, by contributions in money or property^ by persuasion or influence, or in any other way whatever : Provided, That the foregoing restrictions and disqualifications shall not apply to any white citizen who may have served m and been honoraWy discharged from the army or navy of the United States since the 1st day of January, 1862, nor to those who voted iiy the Presidential election in No- vember, 1864, or voted in the election for " rati- fication or rejection " in February, 1865, or voted in the election held on the 4th day of March of thte same year for Governor and members of the Legislature, nor to those who have been appointed to any civil or military office by Andrew John- son, Military Governor, or William G. Brown- low, Governor of Tennessee, all of whom are hereby declared to be qualified voters upon their complying- with the requirements of this act : Provided, That this latter clause shall not apply to any commission issued upon any election which may have been held. Sec. 2. That the Governor of the State shall, within sixty days after the passage of this act, appoint a commissioner of registration for each and every county in the State, who shall, with- out delay, enter upon the discharge of his duties, and who shall have full power to administer the necessary oaths provided by this act. May 19 — A bill was passed to disqualify cer- tain persons from holding office, civil or military. It excludes those persons who held civil or diplomatic offices, or were agents of the so called Confederate States, or who left judicial stations under the United States, or the State of Tennes- see, to aid the rebellion, or who were military or naval officers of the so-called Confederate States, above the rank of captain in the army, or lieutenant in the navy, or who left seats in the United States Congress, or seats in the Legis- lature of the State of Tennessee, to aid the rebel- lion, or who resigned commissions in the army or navy of the United States and afterward gave voluntary aid to the rebellion, or who absented themselves from the State of Tennessee to give such aid, or who held offices under the States in insurrection against the United States with intent to aid the rebellion, or who ever held office in the State of Tennessee of legislative, judicial,,or executive character, under an oath to support the constitution of the State of Tennessee, and who violated said oath, and gave voluntary aid or countenance to the rebellion, that each and all be excluded from all officej. State, county, or municipal. It also provides that any qualified voter shall not be excluded from office by the provisions^ . this bill, as amended. May — The Senate rejected a suffrage bill, 16 to 5, which proposed to allow all blacks aaL whites of legal age to vote, and exclude •Sa after 1875, who cannot read. May 28 — The Legislature adjourned until No- vember 28. TEXAS. 1865, June 17 — Andrew J. Hamilton ap- pointed Provisional Governor. 1866, March — Convention met. April 2 — Convention adjourned. The Oorf^ stitution to be, voted on, June 5. It abolishes slavery, and annuls the Secession Ordinance. The war debt has been repudiated. Five yeiil residence required for eligibility to the Legisla- ture. White population is the basis of repre- sentation for State purposes. An ordinance passed exempting all persons who, under au- thority of civil or military power, had inflicted^, injury upon persons during the war, from a(5- countability tnerefor. ABKANSAS. 1865, October 30 — President Johnson sent this telegram to Governor Isaac Murphy, elected Governor under the free State organi- zation formerly made. Executive Offwb, Washington, D. Ca, October 30, 1865. To Gov. MuEPHT, Little Bock, Arkansas : There will be no interference with your pres- ent organization of State government. I have learned from B. W. Gantt, Esq., and other sources, that all is working well, and you will proceed and resume the former relations with, the Federal Government, and all the aid in the power of the Government will be given in re^ storing the State to its former relations. Ahdbew Johnson, Pres't of the U. S. LOUISIANA. There was no interference with the Statft organization formerly made. '.; 1865, November — J. M. Wells was electesd Governor, and Albert Voorhis, Lieut. Governor November 23 — Legislature met in extra SPS: sion again, under proclamation of the Governoj;; December 22 — Legislature adjourned. 1866, March —J. T. Monroe elected maj-qr oi New Orleans, and James 0. Nixon an alderman. March 19— General Canby issued an order, suspending them from the exercise of any of the functions^ of these offices until the pleasure, of the President be made known — as they coma within the excepted class of the President'spi-pC; lamation. They were subsequently pardonqlk. on application, aid took the offices. LEGISLATION RESPECTING FREEDMEN. NOBTH CABOI IN A. 1S6I5, March 10 — The act " concerning negroes, aind persons of color, or of mixed bloodj" passed by the 'legislature, declares that "negryoa a,ud their issue, even where one ancestor in each suc- ceeding generation to the fourth inclusive, is white, shall be deemed persons of color." It gives them all the privileges of white persona Before the courts in the mode of prosecuting, de- fending, continuing, removing, and transferring their suits at law and in equity, and makes them eligible as witnesses, when not otherwise in'-om- getent, in " all controversies at law and in equity where the rights of persons or property of per- sons of color shall be put in issue, and would be concluded by the judgment or decree of court; ,and also in pleas of the State, where the violence, fraud, or iniury alleged shall be charged to have been done by or to persons of color. In all other civil and criminal cases such evidence shall be deemed inadmissible, unless by consent of the parties of record : Provided, That this section shall not go into effect until iurisdiotion in mat- ters relating to freedmen shall be fully com- mitted to the courts of thia State : Provided fur- ther, That no person shall be deemed incompe- tent to bear testimony in such cases, because of being a party to the record or in interest." "The criminal laws of the State are extended in their operation to embrace persons of color, and the same punishment is inflicted on them as on the whites, except for rape, which, if a white female is the victim, is a capital crime for a black, 'fhe law regarding apprentices is so amended as to make its provisions applicable to blacks, but i,t gives the former masters the preference, and declares that they should be regarded as the niost suitable persons. Provision is also made for legalizing the marriages of the blacks con- tracted during slavery, and for punishment of illicit cohabitation. All which is modified by a. proviso that the act shall not take effect until after the Freedmen's Bureau is removed. Where men and women, lately slaves, now cohabit to- gether in the relation of husband and wife, they shall be deemed to have been lawfully married at the time of the commencement of such cohabi- tation; and they are required to go before the clerk of the county court, acknowledge the co- habitation, of which record shall be made, and shall be, prima facie evidence of the statements niside. All contracts between any persons whatever, whereof one or more of them sh;i)l be a person of color, for the sale or purchase of any horse, mule, ass, jennet, neat cattle, hog, sheep, or gdat, whatever may be the value of such articles, ajfid all contracts between such persons for any otiier article or articles of property whatever of the value of ten dollars or more, and all contracts executed or executory between such persons for the payment of money of the value of ten dol- lars or more, shall be void as to all persons what- ever, unless the same be put in writing and signed by the vendors or debtors, and witnessed by a white person who can read and write. Marriage between white persons and persona of color shall be void ; and every person au- thorized to solemnize the rites of matrimony, who shall knowingly solemnize tlie same between such persons, and every cler? of a court who shall knowi.ngly issue license for their marriage', shall be deemed guilty of a misdemeanor, and< moreover, shall pay a penalty of five hundred dollars to any person suing for the same. MISSISSIPPI. An Act to regulate the Eolation of Master and AppreiitioerelativetoFreedmen,rreeNegroes, and Mnlattoes, ITovember 33, 1885. Seo. 1 provides that it shall be' the duty of all sheriffs, justices of the peace, and other civil officers of the several counties in this State to report to the probate courts of their respective counties semi-annually, at the January and July terms of said courts, all freedmen, free negroes, and mulattoes, underthe age of eighteen, within their respective counties, tieats, or dis- tricts, who are orphans, or whose parent or parents have not the means, or who refuse to pro- vide for and support said minors, and thereupon it shall be the duty of said probate court to or- der the clerk of said court to apprentice said minors to some competent and suitable person, on such terms as the court may dii:ect, having a particular care to the interest of said minors: Provided, That the former owner of said minora shall have the preference when, in the opinion of the court, he or she shall be a suitable per- son for that purpose. Sec. 2 provides that the said court shall be fully satisfied that\he person or persons to whom said minor shall be apprenticed shall be a suita- ble person to have the charge p.nd care of said minpr, and fully to protect the interest of said minor: Provided, TaaA said apprentice shall be bound by indenture, in case of males until they are twenty-one years old, and in case of females until they are eighteen years old. Sec. 3 provides that in the management and control of said apprentices said master or mis- tress shall have power to inflict such moderatfi corporeal chastisement as a father ov guardian is allowed to inflict on his or her chil.l or ward at common law : Provided, That in no case shUl cruel or inhuman punishment be inflicted. Sec. 4 provides that if any apprentice shivll leave the" employment of his sr her master or 29 80 POLITICAL MANTJAL. mistress, without his or her consent, said mas- ter or mistress may pursue and recapture said apprentice, and bring him or her before any justice of the peace of the county, whose duty it shall be to remand said apprentice to the ser- vice of his or her master or mistress ; and in the event of a refusal on the part of said apprentice 80 to return, then said justice shall commit said apprentice to the jail of said county, on failure to give bond, until the next term of the county court ; and it shall be the duty of said court, at ihe first terri thereafter, to investigate said ca"!e, md if the court shall be of opinion that said apprentice left the employment of his or her master or mistress without good cause, to order him or her to be punished, as provided for the punishment of hired freedmen, as may be from time to time provided for by law for desertion, until he or she shall agree to return to his or iier master or mistress: Provided, That the court may grant continuances, as in other cases : And provided further. That if the court shall believe that said apprentice had good cause to qnit his said master or mistress, the 'court shall discharge said apprentice from said indenture, and also enter a judgment against the master or mistress, for not more than one hundred dol- lars, for the use and benefit of said apprentice, to be collected on execution, as in other cases. Seo. 5 provides that if any person entice away any apprentice from his or her master or mis- tress, or shall knowingly employ an apprentice, or furnish him or her food or clothing, without the written consent of his or her master or mis- tress, or shall sell or give said apprentice ardent spirits without such consent, said person so of- fending shall be deemed guilty of a high misde- meanor, and shall on conviction thereof before the county court, be punished as provided for the punishment of persons enticing from their em- ployer hired freedmen, free negroes, or mulattoes. Seo. 6 makes it the duty ofall civil officers to report any minors within their respective coun- ties to said probate court for apprenticeship. Seo. 9 provic^es that it shall be lawful for any freedman, free negro, or mulatto, having a minor child or children, to apprentice the said minor child or children as provided for by this act. Sec. 10 provides that in all cases where the age of the freedman, free negro, or mulatto can- not be ascertained by record testimony, the judge of the county court shall fix the age. The Vagrant Act, ITovember 24, 1865, Sec. 1 defines who are vagrants. Seo 2 provides that all freedmen, free negroes, and mulattoes in this State, over the age- of eighteen years, found on the second Monday in January, 1866, or thereafter, with no lawful ■employment or business, or found unlawfully assembling themselves together, either in the day or night time, and all white persons so assembling with freedmen, free negroes, or mu- lattoes, 'or usually associating witri freedm^, free no^foes, or mulattoes on terms of eqnalltjy or living in adultery or fornication with a freecP woman, free negro, or mulatto, shall be deemed vagrants, and on conviction thereof shnll be fined in the sum of not exceeding, in the case of a freedman, free negro or mulatto, fifty doilars, and a whita man two hundred dollars' and im- prisoned, at the discretion of the court, the .free negro not exceeding ten days, and the whits man not exceeding six months. Pec. 3 gives all justices of the peace, mayors, and aldermen jurisdiction to try all questions dt vagrancy, and it is made their duty to arreS parties violating any provisions of this act, in- vestigate the charges, and, on conviction, punish as provided. It is made the duty of all snerii&, constables, town constables, city marshals, an^ all like officers, to report to some officer having jurisdiction all vjolations of any of the provis- ions of this act, and it is made the duty of tha county courts to inquire if any officer has neg- lected any of these duties, and if guilty to fine him not exceeding $100, to be paid into the county treasury. Sec. 5 provides that all fines and forfeitures collected under the provisions of this act shall be paid into the county treasuiy for general county purposes, and in case any freedman, free negro or mulatto, shall fail for five days afteJ the imposition of any fine or forfeiture upon him or her, for violation of any of the provis- ions of this act to pay the same, that it shall be, ■and is hereby made, the duty of the sheriff i^ the proper county to hire out said freedmaaf free negrp or mulatto, to any person who will, for the shortest period of service, pay said fine or forfeiture and all costs : Promded, A prefc erence shall be given to the. employer, if there be one, in which case the employer shall be entitled to deduct and retain the amount so paid from the wages of such freedman, free negro or mulatto, then due or to become due ; and in case such freedman, free negro or mulatto cannot he hired out, he or she may do dealt with as a pauper; Sec. 6 provides that the same duties and lias bilities existing among white persons of thij State shall attach to freedmen, free negroes and mulattoes, to support their indigent families and all colored paupers ; and that in order to secara a support for such indigent freedmen, free nar groes and mulattoes, it shall be lawful, and itia hereby made the duty of the boards of county police of each county in this State, to levy % poll or capitation tax on each and every freeJ^ man, free negro or mulatto, between the ages of eighteen and sixty years, not to exceed the sum ofone dollar annually to each person so taxed, which ta.x when collected shall oe paid into the county treaisurer's hands, and constitute a fund to be calkd the freedmen's pauper fund, whioli shall be applied by the commissioners of the poor for the maintenance of the poor of the freedmen, free negroes and mulattoes, of this State, under such regulations as may be estab- lished by the boards of the county police in the respective counties of this State. Sec. 7 provides that if any freedman, free negro or mulatto shall fail or refuse to pay any tax levied according to the provisions of the sixth section of this act, it shall he prima facie evidence of vagrancy, and it sli:ill be the duty of the sheriff to arrest suc'li freedman, freft negro or mnlatto, or sucli persons refu.sing or neglecting to nay such lax, and proceed at once, to hire, for the shortest time, such delinquent, tax-payer to any one who will pay Ihe said tax, with the accruing costs, giving proloronco to tha employer, if t nere be one. LEGISLATIOW KESPECTISe FKEEDMEN. 81 An Act to confer Civil Bights on Freedmen, and for other Purposes, Bfovemher 25, 1865. Section 1 provides that all freedmen, free negroes and mulattoes may sue and be sued, implead and be impleaded in all the courts of law and equity of this State, and, may acquire personal property and choses in action by de- scent or purchase, and may dispose of the same in the same manner and to the same extent that .white persons may : Provided, That the provis- ions of this section shall not be so construed as to allow any freedman, free negro or mulatto to rent or lease any lands or tenements, except in incorporated towns or cities, in which places the corporate authorities shall control the same. Sec. 2 provides that all freedmen, free negroes and mulattoes may intermarry with each other in the same manner and under the same regula- tions that are provided by law for white per- sons : Provided, That the clerk of probate shall keep separate records of the same. Sec. 3 further provides that all freedmen, free negroes and mulattoes, who do now and have heretofore lived and cohabited together as hus- band and wife shall be taken and held in law as legally married, and the issue shall be taken and held as legitimate for all purposes. That it shall not be lawful for any freedman, free negro or mu- latto to intermarry with any white person ; nor for any white person to intermarry with any freedman, free negro or mulatto ; and any person who shall so intermarry shall be deemed guilty of felony, and on conviction thereof, shall be confined in the State penitentiary for life ; and those shall be deemed freedmen, free negroes and mnlattoes who are of pure negro blood, and those descended from a negro to the third generation, inclusive, though one ancestor of each genera- tion may have oeen a white person. Sec. 4, provides that in addition to cases in which freedmen, free negroes and mulattoes- are now by law competent witnesses, freedmen, free negroes and mulattoes shall be competent in civil cases, when a party or parties to the suit, either plaintiff or plaintiffi, defendant or defend- ants; also in cases where freedmen, free negroes and mulattoes are either plaintiff or plaintiffs, defendant or defendants, and a white person or white persons is or are the opposing party or parties, plaintiff or plaintiffs, defendant or d.e- fendants. They shall also be competent wit- nesses in all criminal prosecutions where the crime charged is alleged to have been com- mitted by a white person upon or against the person or property of a freedman, free negro or mulatto,; Provided, That in all cases said witnesses shall be examined in open court on the stand, except, however, they may be examined before the grand jury, and shall in all coses be subject to the rules and tests of the common law as to competency and credibility. -f you must be measured according to his merit. If one man is more meritorious than the other, they cannot be equals, and he is the most exalted that is the most meritorious, without regard to color ; and the idea of having a law passed in the morning that will make a white man black before night and a black man a white man before day is ab- surd. That is not the standard ; it is your own conduct ; it is your own merit ; it is the devel; opment of your own talents and of your intel- lectual and moral qualities. Let this, then, be your course ; adopt systems of morality; abstain from all licentiousnSss and let me say one thing here, for I am going to talk plainly. I have lived in a Southeri State all my life, and know what has too often PKESIDENTIAL INTERVIEWS AND SPEECHES, 51 hcen tho case. There is one thing you should esteem higher and nore supreme than almost all ethers, and that is the solemn contract with all the penalties in the association of married life. Men and women should abstain from those qual- ities and habits that too frequently follow a war. Inoxilcate among your children and among your associates, notwithstanding you are just back from the army of the United States, that virtue, that merit, that intelligence are the standards to be observed, and those which you are deter- mined to maintain during your future lives. He that is meritorious and virtuous, intellectual and well informed, must stand highest, without re- tard to color. It is the very basis upon which eaven itself rests — each individual takes his degree in the sublimer and more exalted regions in TOoportiou to his merits and his virtue. Then I shall say to you on this ' occasion, in returning to your homes and firesides, after feel- ing conscious and proud of having faithfully done your duty, return with the determination that you will perform your duty in the future as you have performed it in the past. Abstain from all those bickerings and jealousies and re- vengeful feelings which too often spring up be- tween different races. There is a great problem before us, and I may as well allude to it here in this connection, and that is, whether this race can be incorporated and mixed with the people of the United States 1— to be made a harmonious and permanent ingre- dient in the population. This is a problem not yet settled, but we are in the right line to do so. Slavery raised its head against the Government, and the Government raised its strong arm and struck it to the ground ; hence, that part of the problem is settled. The institution of slavery 18 overthrown. But another part remains to be solved, and that is, can four millions of people, reared as they have been, with all their preju- dices of the whites— ^au they take their places in the community, and be made to work harmoni- ously and congruously in our system? This is a problem to be considered. Are the digestive powers of the American Government sufficient to receive this element in a new shape, and digest it and make it work healthfully upon the system that has incorporated it 7 This is the question to be determined. Let ns make the experiment, and make it in good faith. If tiiat cannot be done, there is another problem that is before us. If we have to be- come a separate and distinct people (although I trust that the system can be made to work harmoniously, and that the great problem will be settled without going any further) — if it should be so that the two races cannot agree and live in peace and prosperity, and the laws of Providence require that they should be sepa- rated — in that event, looking to the far distant luture, and trusting in God that it may never ciome — if it should come. Providence, that works ihysteriously, but unerringly and certainly, will point out the way, and the inode, and thft man- ner by which these people are tb be separated, and they are to be taken to their land of inherit- ance and promise, for such a one is before theln. 'Hence we are making the experiment. Hence, let me again impress upon yon the importance of controlling your passions, develop- ing your intellect, andot applying yourphysicai powers to the industrial interests of the country ; and that is the true process by which this ques- tion can be settled. Be patient, persevering, and forbearing, and you will help to solve this problem. Make for yourselves a reputation in this cause, as you have won for yourselves a reputation in the cause in which you have been engaged. In speaking to the members of this regiment, I want them to understand that, so far as I am concerned, I do not assume or pre- tend that I am stronger than the laws or course of nature, or that I am wiser than Providence itself. It is our duty to try and discover what these great laws are which are the foundation of all things, and, having discovered what they are, conform our action and conduct to them and to the will of God, who ruleth all things. He holds the destinies of nations in the palm of his hand, and He will solve the questions and rescue these people from th# difficulties that have' so long surrounded them. Then let us be patient, industrious, and persevering. Let us develop our intellectual and moral worth. I trust what I have said may be understood and appreciated. Go to your homes and lead peaceful, prosperous, and happy lives, in peace with all men. Give utterance to no word that would cause, dissensions, but do that which will be creditable to yourselves and to your country. To the officers who have led and so nobly com- manded you in the field I also return my thanks, for the compliment you and they have conferred upon me. Interview with Senator Dixon, of Connecticut. January 28, 1866 — The following is the sub- stance of the conversation, as telegraphed that night over the country : The President said he doubted the proprietj' at this time of making further amendments to the Constitution. One great amendment had already been made, by which slavery had for- ever been abolished within the limits of the United States, and a national guarantee thus given that the institution should never exist in . the land. , Propositions to amend the Constitu- tion were becoming as numerous as preambles and resolutions at town meetings called to con- sider the most ordinary questions connected with the administration of local affairs. All this, in his opinion, had a tendency to diminish the dig- nity and prestige attached to the Constitution of the country, and to lesnen the respect and confidence of the people in their great charter of freedom. ' If, however, amendments are tc be made to the Constitution, changing the basis of representation and taxation, (and ne did not deem them at all necessary at the preshnt time,) he knew of none better than a simple proposi- tion, embraced in a few lines, making in each State the number of qualified voters the basis of representation, and the value of property the basis of direct taxation. Such a proposition could be embraced in the following terms : "Representatives shall be apportioned amoag the several States which may be included within this Union according to the number of qualified .voters in each State. 52 POLITICAL MANUAL. " Direct taxes shail be apportioned among the Beyeral States wliioh may be included within Ihis Union accordiiig to the value of all taxable property in each State." An amendment of this kind would, in his opinion, place the basis of, representation and direct taxation upon correct priiicipies. The qualified voters were, for the most part, men who were subject to draft and enlistment when it was necessary to repel invasioUj suppress re- bellion, and quell domestic violence and insur^ rectiou. They risk their lives, shed their blood tod peril their all' to uphold the Government, and give protection, security, and value to property. It seemed but just that property should compensate for the benefits thus conferred, by defraying the expenses incident to its pro- tection and enjoyment. Such an amendment, the President also sug- -gested, would remove, from Congress all issues in reference to the political equality of the races. It would leave the States to determine absolute- ly the qualifications of thgir own voters with .regard to color ; and thus the number of Bepre- sentatives to which they would be entitled in Congress would depend upon the number upon whom they conferred the right of suffrage. The President, in this connection, expressed the opinion that the agitation of the negro franchise question in the District of Columbia at this time was the mere entering- wedge to the agitation of the question throughout the States, and was ill-timed, uncalled-for, and calculated to do great harm. He believed that it would engender enmity, contention, and strife between the tv/o races, and lead to a war between them, which would result in great injury to both, and the certain extermination of the negro popula- tion. Precedence, he thought, should be given to more important and urgent matters, legisla- tion upon which was essential to the restoration of the Union, the peace of the country, and the prosperity of the people. Interview with a Colored Delegation respecting Sufl'rage. February 7, 1866 — The delegation of colored representatives from different States of the country, now in Washington, to urge the inter- ests of the colored people before the Govern- ment, had an interview with the President. The President shook hands kindly with each member of the delegation. ADEEESS OP QEOEGE T. DOWNING. Mr. Geoegb T. Downing then addressed the President as follows ; We present ourselves to your Excellency, to make known with pleasure the respect which we are glad to cherish for you — a respect which is your due, as our Chief Magistrate. It is our desire for you to know that we come feeling that we are friends meetiiig a friend. We should, however, have manifested our friend- 5hip by not coming to further tax your already much burdened and valuable time; but we have another object .in calling. We are in a passage to equality before thelaw. God hath made it by opening a Bed Sea. We would have your assistance through the same. We come to you in the name of the colored people of th United States. We are delegated to come b some who have unjustly worn iron manacleso their bodies — ^by some whose minds have bee manacled by class legislation in States call'e free. The colored people of the States of lUi nois, Wisconsin, Alaibama, Mississippi, Floridi South Carolina, North Carolina, Virginia, Mary land, Pennsylvania, New York, New EnglalB States, and District of Columbia have speciall; delegated us to come. ''-• Our coming is a marked circumstance, notiSi determined hppe that we are not satisfied wit an amendment prohibiting slavery, but that w wish it enforced with appropriate legislatioi This is our desire. We ask for it intelligent^ with the knowledge and conviction thatJm fathers of the Revolution intended freedom fo every .American ; that they should be protects in their rights as citizens, andhe equal before th law. We are Americans, native born Americaiif 'We are citizens ; we are glad to have it kno* to the world that you "bear no doubtful n cord on this point. On this fact, and with cot fidence in the triumph of justice, we base on hope. We see no recognition of color or tsU in the organic law of the land. It knows n privileged class, and therefore we cherish th hope that we may be fully enfranchised, m only here in this District, but throughout tl land. We respectfully submit that renderiil anything less than this will be rendering to "b less than our just due ; that granting anythin less than our full rights will oe a disregard < our just rights and of due respect for our feeling If the powers that be do so it will be used asi license, as it were, or an apology, for any coir munity, or for individuals' thus disposed, t outrage our rights and feelings. It has bee shown in the present war that the Governmet may justly reach its strong arm into Stategj'an demand from them, from those who owe it alli giance, their assistance and support. May it it reach out a like arm to secure and protect 'i3 subjects upon who it has a claim? '■ ADDEES8 OF FEED. BOUGLASS. Following upon Mr. Downing, Mr. Frei Douglass advanced and addressed the Presided saying: Mr. President, we are not here to enlightfe you, sir, as to your duties as the Chief Magii trate of this Eepnblio, but to show our respec and to present in brief the claims of our race*l your favorable consideration. In the order'i Divine Providence you are placed in a positio where you have the power to save or destroy u to yess or blast us — ^I mean our whole rac Your noble and humane predecessor placed' i our hands the sword to assist in saving theni tion, and we do liope that you, his able suooH sor, will favorably regard the placing in Oi hands the ballot with which to save ourselve We shall submit no argument on that poii The i»,ct that we are the subjects of GovernfflelS and subject to taxation, subject to volunteer? the service of the country, .subject to beii drafted,^ subject to bear the burdens of the Stat makes it not improper that we should ask- share in the privUeges of this condition. PRESIDENTIAL INTERVIEWS AND SPEECHES. 53 Ihc.ve no speooh to make on this occasion. I simply elbmit these observations as a limited expression of the views and feelings of the dele- gation with which I have come. RESPONSE OF THE PKESIDBNT. In reply to some of your inquiries, not to make a speech about this thing, for it is. always best to talk plainly and distin.itly about -such . jaatters, I will say that if I have not given evi- ' dence in my course that I am a friend of hy- , inanity, and to that portion of it which consti- tutes the colored population, I can give no .evidence here. Everythiiig that I have had, both as regards life aid property, has been per- illed in that cause, and I feel and, think that I ipjiderstand— not to be egptistic — what should : be the true direction of this question, and what course of policy would result in the melioration and ultimate elevation, not only of the colored, but of the great mass of the people of the United States. I say that if I have not given evidence Jhat I am a friend of humanity, and especially .-the friend of the coloired man, in my past con- duct, there is nothing that I can now do that would. I repeat, all that I possessed, life, lib- erty, and property, have been put up in con- nection with that question, when I had every inducement held out to take the other course, by adopting which I would have accomplished jperhaps all that the most ambitious might have igesired. If I know myself, and the feelings of , my own heart, they have been for the colored man. I have owned slaves and bought slaves, but I never sold one. I might say, however, that practically, so far as my connection with slaves has gone, I have been their slave instead of their being mine. Some have even followed me here, while others are occupying and enjoy- ing my property with my consent. For the ] colored race my means, my time, my all has been perilled ; and noW; at this late day, after giving evidence that is tangible, that is practi- cal, I am free to say to you that I do not like to be arraigned by some who can get up hand- somely-rounded periods and deal in rhetoric,, and talk about abstract ideas of liberty, who never perilled life, liberty, or property. This kind of theoretical, hollow, "unpractical friend- ship amounTs to but very little. While I say athat I am a friend of the colored man, I do not •Want to adojpt a policy that I believe will end in a contest between the races, which if persisted in will result in the extermination of one or the ! other. God forbid that I should be engaged in „such a work ! . , ■1 Now, it is always best to talk about things practically and in a common sense way. Yes, I have said, and I repeat here, that if the colored man in the United States could find no other •iioseB, or any Moses that would be more able and efficient than myself, I would he his Moses xp lead him from bondage to freedom ; that I, ■(Rould pass him from a land where he had lived in slavery to a land (if 'it were in our reach)_of jfeedom. Yes, I would be willing to pass with •jhim through the Red sea to the Land of Promise, to the land of liberty ; but t am not willing, (.jnjier either circumstance, to adopt a policy witich I believe will only result in the sacrifice of ^ his life and the shedding of- hi.s blood. I think I know what I say. I fesl what I say ; and I feel well assured that if the policy urged by some be persisted in, it will result in great injury to the white as well as to the colored m,an. There is a great deal of talk about the sword in one hand accomplishing an end, and the ballot accomplishing another at the ballot-box. These things all do very well, and sometimes have forcible application. We talk about jus- tice ; we talk about right ; we say that the white man has been in the wrong in keeping the black man in slavery as long as he has. That is all true. Again, we talk about the Declaration of Independence and equality before the law. Yon understand all that, and know how to appreciate it. But, now, let us look each other in the face ; let us go to the great mass of colored men throughout the slave States; let us take the condition in which they are at the present time — and it is bad enough, we all know — and suppose, hy some magio touch you oo|ld say to every one, "you shall vote to-morrow;" how much would that ameliorate their condition at this time? Now; let us get closer up to this subject, and talk about it, [The President here approached very near to Mr. Douglass.] What relation has the colored man and the white man heretofore occupied in the South ? I opposed slavery upon two grounds. First, it was a great monopoly, enabling those who controlled and owned it to constitute an aristocracy, enabling the few to derive great profits and rule the many with an iron rod, as it were. And this is one great ob- jection to it in a government, it being a mono- poly. I was opposed to it secondly upon the abstract principle of slavery. Hence, in getting clear of a monopoly, we are getting clear of slavery at the same time. So you see there were two right ends accomplished in the accomplish- ment of the one. Mr. Douglass. MrJPresident, do you wish — The Pbesidekt. I am not quite through yet. Slavery has been abolished, A great national guarantee has been given, one that cannot be revoked. I was getting s t the relation that sub- sisted between the white man and the colored men. A very small proportion of white per- sons compared with the whole number of such owned the colored people of the South. I might instance the . State of Tennessee in illustration. There werethere twenty -seven non-slaveholders to one slaveholder, and yet the slave power con- trolled the State. Let us talk about this matter as it is. Although the colored man was in slavery there, and owned as property in the sense and in the language of that locality and of that com- munity, yet, in comparing his condition and his position there with the non-slaveholder, he usu- ally estimated his importance just in proportion to the number of slaves that his master owned with the noij-slayeholder. Have you ever lived upon a plantation ? Mr. Douglass. I have, your excellency. The Pkbsidest. When you would look over and see a man who had a large family, strug- gling hard upon a,poor piece of land, you thought a great deal less of him than you did of yoni own master's negro, didn't you? 54 TOLtJICAL JIANUAl. Mr. DoDGLAss. Not I! The PeesiCEni. Well, I know such was the case with a large number of you in those sec- tions. Wtiero such is the caSe we know there is an enmity, we know there is a hate. The poor white man, on the other hand, was opposed to the slave and his master ; for the colored man and his master combined kept him in slavery, by depriving him of a fair participation in the labor and productions of the rich land of the country. Don't you know that a colored man, in going to hunt a master ( as they call it) for the next year, preferred hiring to a man who owned slaves rather than to a man who did not? I know the fact, at all events. They did not consider it quite as respectable to hire to a man who did not own negroes as to one who did. Mr. Douglass. Because he wouldn't be treated as well. The PBESlDEifi. Then that is another argu- ment in favor of what I am going to say. It shows that the colored man appreciated the slave owner more highly than ha did the man who didn't own slaves. Hence the enmity between the colored man and the non-slaveholders. The white man was permitted to vote before^ — gov- ernment was derived from him. He is a part and parcel of the political machinery. Now, by the rebellion or revolution — and when you come back to the objects of this war, you End that the abolition of slavery was not one of the objects; Congress and the President himself declared that it was wa.ged on our part in order to suppress the rebellion — the abolition of sla- very has come as an incident to the suppression of a great rebellion — as an incident, and as an incident wo should give it the proper direction. The colored man went into this rebellion a slave ; by the operation of the rebellion he came out a freedman — equal to a freeman in any other portion of the country. Then there is a great deal done for him oq this point. The non- slaveholder who was forced into the rebellion, who was as' loyal as those that lived beyond the limits of the State, but was carried into it, lost his property, and in a number of instances the lives of such were sacrificed, and he who has survived has come out of it with nothing gained, but a great deal lost. Now, upon the principle of justice, should they be placed in a condition different from what they were before? On the one hand, one has gained a great deal ; on the other hand, one has lost a great deal, and, in a political point of view, scarcely stands where he did before. Now, we are talking about where we are going to begin. We have got at the hate that existed between the two races. The query comes up, whether these two races, situated as they were before, without preparation, without time for passion and excitement to be appeased, and with- out time for the slightest improvement, whether the one should be turned loose ilpon the other, and be thrown together at the ballot-box with this enmity and hate existing between them. The query comes up right there, whether we don't commence a war of races. I think I un- derstand this thing, and especially is this the case when you force it upon a people without their consent. You have spoken about government. Where is power derived from ? We say ilj is derived from the people. Let 'US take it so, and refer to the District of Columbia by way of illustratii^n. Suppose, for instance, here, in this political com- munity, which, to a certain extent, must have government, must have laws, and putting it now upon the broadest basis you can put it — i^e into consideration the relation which the white has heretofore borne to the colored race — is it proper to force upon this community, without their consent, the elective franchise, witEont regard to color, making it universal ? Now, where do you begin ? Government must have a controlling power — must have a lodg- ment. For instance, suppose Congress should pass a law authorizing an election to be held aX which all over twenty-one years of age, without regard to color, should be allowed to vote, and a majority should decide at such election that the elective franchise should not be universal j what would you do about it? Who would sot^ tie it ? Do you deny that first great principle of the right of the people to govern themselves ? Will you resort to an arbitrary power, and say a majority of the people shall receive a state of things they are opposed to ? Mr. DotroLASS. That was said before the war. The President. I am now talking about a principle ; not what somebody else said. Mr. DowNiNQ. Apply what you have said, Mr. President, to South Carolina, for instance, where a majority of the inhabitants are colored, The Peesident. Suppose you go to South Carolina ; suppose you go to Ohio., That doesa't change the principle at all: The query to which I have referred still comes up when govern- ment is undergoing a fundamental change. Gov- ernment commenced upon this principle; if has existed upon it ; and you propose now to incor- porate into it an element that didn't exist be- fore. I say the query comes up in undertaking this thing whether we have a right to make a change in regard to the elective, franchise in Ohio, for instance: whether we shall not let the people in that State decide the matter for them- selves. Each community is better prepared to deter- mine the depositary.of its political power than anybody else, and it is for the Legislature, for the people of Ohio to say who shall vote, and not for the Congress of the United States. I mi^ht go down here to the ballot-box to-morrow and vote directly for universal suffrage ; but if a great majority of the people said no, I should consider it would be tyrannical in me to attempt to force such upon them without their will. It is a fundamental tenet in my creed that the will of the people must be obeyed. Is there any- thing wrong or unfair in that ? Mr. Douglass (smiling.) A great deal that is wrong, Mr. President, with all respect. The Peesideht. It is the people of the'States that must for themselves determine this thins. I do not want to be engaged in a work that will commence a war of races. I want to begin the work of preparation, and the States, or the peo- ple in each community, if a man demeans him- self well, and shows evidence that this new state of affairs will_ operate, will protect him in all'his rights, and give him every possible advantage PRESIDENTIAL INTERVIEWS AND SPEECHES. 55 w^ljeo they become reconciled socially and politi- cally to this state of things. Then will this new ] prd^r of things work harmoniously ; but forced iipon.the people before they are prepared for it, it will, be resisted, and work inharmoniously. I feel a, conviction, that driving this matter upon ' the people, iipbn. the community, will result in the mjury of Doth races, and the ruin of one or tbe. other. God knows I have no desire but the good of the whole human race. I would it were 50 th9.t all you advocate could be done in the twinkling of an eye ; but it is not in the nature of things, and I do not assume or pretend to be vuser than Providence, or stronger than the laws of nature. Let us now seek to discover the laws goyern- ' ing this thins. There is a great law controlling it ; let Qs endeavor to find out what that law is, and conform our actions to it. All the details will then properly adjust themselves and work out well in the end, Grod knows that anything I can do_I will do. In the mighty process by which the 'great end IS to be reached, anything I can do to elevate the races, to soften and ameliorate their condi- tion I will do, and to be able to do so is the sin- cere desire of my hea,rt. I am glad to have met you, and thank you for the compliment you have paid me. Mr. DotTGLASs. I have to return to you our thanks, Mr. President, for so kindly granting us this interview. We did not come here expect- ing-to argue this question with your excellency, , but simply to state what were our views and ; wishes in the premises. If we were disposed to argue the question, and you would grant us per- mission, of course we would endeavor to contro- vert some of the positions you have assumed. Mr. DowHiira. Mr. Douglass, I take it that the President, by his kind expressions and his very full treatment of the Subject, must have contemplated some reply to the views which he has advanced, and in which we certainly do not . concur, and I say this with due respect. ■ The Fbesident. I thought you expected me to indicate to some extent what my views were on the subjects touched upon in your statement. Mr. DowifiHe. We are very happy, indeed, to have heard them. Mr. Douglass. If the President will allow me, I would like to say one or two words in reply. You enfranchise your enemies and dis- , franchise your friends. The Pbesident. All I have done is simply ] 10 indicate what my views are, as I supposed you expected me to, from your address. Mr. Douglass; My own impression is that j;he very thing'that your excellency would avoid in the southern States can only be avoided by the very measure that we propose, and I would state . to my brother delegates that because I perceive the President has taken strong grounds in favor of a given policy, and distrusting my own ability to remove any of those impressions which he has expressed, I thought we had bet- ter end the interview with the expression of thanks. (Addressing the President.) But if youi- excellency will he pleaded to hear, I would like to say a word or two in regard to that one aiatter of the enfranchisement of the blacks as a means of preventing the very thing which your excellency seems to apprehend — that is a conflict of races. The Pbesiden'e. I repeat, I mer.ely wanted to indicate my views in reply to your address, and not to enter into any general controversy, as I could not well do so under the circum- stances. Your statement was a very frank one, and I thought it was due to you to meet it in the same spirit. Mr. Douglass. Thank you, sii. The President. I think you will find, so far as the South is concerned, that if you will all in- culcate there the idea in connection with the one you urge, that the colored people can live and advance in civilization to better advantage else- where than crowded right down there in the South, it would be bettor for them. Mr. Douglass. But the masters have the making of the laws, and we cannot get away from the plantation. The President. What pr|vents you ? Mr. Douglass. We have not the single right of locomotion through the Southern States now. The President. Why not ; the government furnishes you with every facility. Mr. Douglass. There are six days in the year that the negro is free in the South now, and his master then decides for him where he shall go, where he shall work, how much he shall work^ in fact, he is divestedof all political power. He is absolutely in the hands of those men. The President. If the master now controls him or his action, would he not control him in his vote ? Mr. Douglass. Let the negro once understand that he has an organic right to vote, and he will raise up a party in the Southern States among the poor, who will rally with him. There is this conflict that you speak of between the wealthy slaveholder and the poor man. The President. You touch right upon the point there. There is this conflict, and hence I suggest emigration. If he cannot get employ- ment in the South, he has it in his power to go where he can get it. In parting, the President said that they were both desirous of accomplishing the same ends, but proposed to do so by following different roads. Mr. Douglass, on turning to leave, remarked to his fellow delegates: "The President sends us to the people, and we go to the people." The President. Yes, sir ; I have great faith in the people.. I believe they will do what is right. Reply of the Colored Delegation to the Presi- dent- To the Editor of the Ohronicle : Will you do us the favor to insert in your columns the following reply of the colored dele- gation to the President of the United States ? Geo. T. Downing, In behalf of the Delegation. Me. President : In consideration o'f a deli- cate sense of propriety, as well as your own re- peated intimations of indisposition to discuss or to listen to a reply to the views ani opinions &6 POLITICAL MANUAL. you were pleased to express to ns in your elabo- rate speech to-day, the undersigned would re- spectfully take this method of replying thereto. Believing as we do that the vifews and opinions you expressed in that address are entirely un- sound and prejudicial to the highest interests of our race as well as our country at large, we cannot, do other than expose the same, and, as far as may be in our power, arrest their dan- gerous innuence. It is not necessary at this time to call attention to more than two or three features of your remarkable address : . 1. The first point to which we feel especially bound to take exception is your attempt to found a policy opposed to our enfranchisement, upon the alleged ground of an existing hostility on the part of the fortr er slaves toward the poor white people of the South. We admit the ex- istence of this hostility, and hold that it is en- tirely reciprocal. 'But you obviously commit an error by drawing an argument from an incident of a state of slavery, and making it a basis for 1 policy adapted to a state of freedom. The lostility between the whites and blacks of the South is easily explained. It has its root and sap in the relation of slavery, and, was incited on both sides by the cunning of the slave mas- ters. Those masters secured their ascendency over both the poor whites and the blacks by putting enmity oetween them. They divided both to conquer each. There was no earthly reason why the blacks should not hate and dread the poor whites when in a state of slavery, for it was from this class that their masters received their slave-catchers, slave- drivers, and overseers. They were the men called in upon all occasions by the masters when any fiendish outrage was to be committed upon the slave. Now, sir, you cannot but perceive that, the cause of this hatred removed, the effect must be removed also. , Slavery is abolished. The cause of antagonism is removed, and you must see that it is altogether illogical (and "put- ting new wine into old bottles," "mending new garments with old cloth ") to legislate from slave- holding and slave-driving premises for a people whom you have repeatedly declared your pur- pose 1,6 maintain in freedom. 2. Besides, even if it were true, as you allege, that the hostility of the blacks toward the poor whites must necessarily project itself into a state of freedom, and that this enmity between the two races is even more intense in a state of freedom than in a state of slavery, in the name of Heaven, we reverently ask, how can you, in view of your professed desire to promote the welfare of the black man, deprive him of all means of defence, and clothe him whom you regard as his enemy in the panoply of political power ? Can it be that you would recommend a policy which would arm the strong and cast down the defenceless ? Can you, by any possi- ailily of reasoning, regard this as just,, fair, or wise? Experience proves that those are often- est abused who can be abused with the greatest impunitjs. Men are whipped oftenest who are whipped easiest. Peace betwen races is not to be secured by degrading one race and exalting another, by giving power to one race and with- holding it from another ; but by maintaining a state of equal justice between all classes. First pure, then peaceable. i j- 3. On the colonization theory you were pleasoa' to broach, very much could be said. It is imj.^. possible to suppose,'in view oi the usefulness, of' the black man in time of peace as a laborer in" the South, and in time of war as a soldier at the North, and the growing respect for his rights', among the people, and his increasing adapta- tion to a high state of civilization in this his* native land, there can ever come a time when he can be removed from this country without a terrible shock to its prosperity and peace. Be^ , sides', the worst enemy of the nation could nit' oast upon its fair name a greater infamy than to suppose that negroes could be tolerated among, them m a state of the most degrading slayfiry^ and oppression, and must be cast away, driven"^ into exile, for no other cause than having been '■ freed from their chains. Geoeqb T. Downihq, , John Jones, William Whippeb, Fbedbbick DonaiiAss, Lewis H. Douglass, and others, Washington, February 1, 1866. Bemaiks at an lateryiew with the Committoe of the Le^slatnre ot 'Virginia. February 10, 1866 — A committee of the Sen- ate and House of Delegates of 'Virginia called upon the President, for the purpose of present- ing him with resolutions adopted by the General ^ Assembly of 'Virginia. After some remarks by ■ Mr. John B. Baldwin, chairman of the delega- tion, the President responded ; ,i In reply, gentlemen, to the resolutions you have just presented to me, and the clear and forcible and concise remarks which you have made in explanation of the position of 'Virginia, I shall not attempt to make a formal speech, but simply to enter into a plain conversation in re- ,, gard to the condition of things in which we stand. As a premise to what I may say, permit me first to tender you my thanks for this visit, and next to express the gratification I feel in meet- ing so many intelligent, responsible, and respect- able men of Virginia, bearing to me the senti- ments which have been expressed in the resolu- tions of your Legislature and the remarks ac- companying them. They are, so far as they refer to the Constitu- , tion of the country, the sentiments and the , principles embraced in the charter of the Gov- .,; ernment. The preservation of the Union has been, from my entrance iato public life, one of my cardinal tenets. At the very incipienoy of this rebellion I set my face against the dissolu- , tion of the Union of the States. I do not make . this allusion for the purpose of bringing up any- thing which has transpired which may be re* garded as of an unkind or unpleasant oharacteij j but I believed then, as I believe now, and as ^ you have most unmistakably indicated, that the ; security and the protection of the rights of all. the people were to be found in the Union ; that,, we were certainly safer in the Union than wo were out of it. PRESIDENTIAL INTERVIEWS AND SEBECHES. 57 Upon this conviction I based my opposition to the efforts which were made to destroy the Union. I have continued those efforts, notwith- fltanding the perils through which I have passed, .and you are not unaware that the trial has been a severe one. Wheh opposition to. the Govern- ment came from one section of the country, and that the section in which my life had been passed, and with which my interests were identified, I stood, as I stand now, contending for the Union, and asseverating that the best and surest way to obtain our rights and to protect our interests wSis to remain in the Union, under the protec- tion of the Constitution. The ordeal through which we have passed during the last four or five years demonstrates most conclusively that that opposition was right; and to-day, after the experiment has been made and has failed ; aitei the demonstra- tion has been most conclusively afforded that this Union cannot be dissolved, that it was not designed to be dissolved, it is extremely gratify- ing to me to meet gentlemen as intelligent and i^ responsible as yourselves, who are willing and anxious to accept and do accept the terms laid down in the Constitution and in obedience to the laws made in pursuance thereof. We were at one period separated ; the sepa- ration was to me painful in the extreme ; but now, after having gone through a struggle in which the powers of the Government have been tried, when wa have swung around to a point at which we meet to agree and are willing to unite our efforts for the preservation of the Govern- ment, which I believe is the best in the world, it is exceedingly gratifying to me to meet you to-day, standing upon common ground, rallying around the Constitution and the Union of these States, the preservation, of which, as I conscien- tiously and honestly believe, will result in the jiromotion and the advancement of this people. •I repeat, I am gratified to meet you to-day, expressing the principles and announcing the sentiments to which you have given utterance, and I trni>t that the occasion will long be re- membered. I have no doubt that your inten- tion is to carry out and comply with every single principle laid down in the resolutions you have submitted. I know thatsome are distrust- ful ; but I am of those who have confidence in the judgment, in the integrity, in the intel- ligence, in the virtue of the great mass of the American people ; and having such confidence, I am willing to trust them, and I tha:nk Goi that we have not yet reached that point where we have lost all confidence in each other. The spirit of the Government can only be preserved, we can only become prosperous and great as a people, by mutual forbearance and confidence. Upon that faith and confidence alone can the Government be successfully car- ried on. On the cardinal principle of representation to which you refer I will make a single remark. That principle is inherent; it constitutes one of the fundamental elements of this Government. The representatives of the States and of the pebple should have the qualifications-prescribed by'the Constitution of the United States, and ttose qualifioatidns most unquestionably imply I loyalty. He who comes as a representntive, having the qualifications prescribed by the Con- stitution to fit him to take a seat in either of the deliberative bodies which constitute the na- tional legislature, must necessarily, according to the intendment of the Constitution, be a loy scribed upon her stone that is deposited within the monument of freedom and in commemoration ; of Washington; she is struggling to stand by the sentiment inscribed on that stone, and she is now willing to maintain that sentiment. And what is the sentiment? It is the sentiment which was enunciated by the immortal and the illustrious Jackson — "The Federal Union, it , must be preserved." Were it possible for that old man, who in statue is before me and in portrait behind me, to be called forth — were it possible to communi- cate with the illustrious dead, and he could be informed of the progress in the work of faction, , and rebellion, and treason — that old man would tijrh over in his coffin, he would rise, shake off , tie habiliments of the tomb, and again extend that long arm and finger and reiterate the senti- ment before enunciated, " the Federal Union, it must be preserved. But we witness what has ! transpired siiioe- his day. We remember what he said in 1833. When treason and treachery ;,and infidelity to the Government and the Con- i Bt^tution of the United States stalked forth, it was his power and influence that went forth ; and crushed it; in its incipienoy. It was then ! stopped. But it was only stopped for a tinje, and the spirit continued. There were men dis- ■ afiected towards the GovernmSnt in both the • North and South. There were peculiar institu- tions in the country to which some were adverse and others attached. We find that one portion of our countrymen advocated an institution in the South which others opposed in the North. -Tjhis resulted in two extremes. That in the Spflth reached a point at which the people there ! vr^re disposed to dissolve the Government of the, ' Unitedlpates, and they sought to preserve their peculiar institutions. (What I say on this oc- casion I want to be understood.) There was » portion of our countrymen opposed to this, and they went to that extreme that they were will- ing to break up the Government to destroy this peculiar institution of the South. I assume nothing here to-day but the citizen— one of you — who has been pleadijig for his country and the preservation of the Constitu- tion. These two parties have been arrayed against each other, and I stand before you aa I did in the Senate of the United States in 1860. I denounced there those who wanted to disrupt the Government, and I portrayed their true character. I told them that those who were en- gaged in the effort to break up the Government were traitors. I have not ceased to repeat that, and, as far as endeavor could accomplish it, to carry out the sentiment. I remarked, though, that there were two parties. One would des- troy the Government to preserve slavery ; the other would break up the Government to des- troy slavery. The objects to be accomplished were different, it is true, so«far as slavery was concerned ; but they agreed in one thing — the destruction of the Governinent, precisely what I was always opposed to ; and whether the dis- unionists came from the South or from'the North, I stand now where I did then, vindicating the Union of these States and the Constitution ol our country. The rebellion manifested itself in the South. I stood by the-Government. I said I was for the Union with slavery. I said I was for the Union without slavery. In either alter- native I was for the Government and the Con- stitutijon. The Government has stretched forth its strong arm, and with its physical power it has put down treasoi^ in the field; That is, the section of country that arrayed itself against the Government has been conquered by the force .of the Government itself. Wow, what had WG said to those people? We said: "No compro- mise ; we can settle this question with the South in eight and forty hours. I nave said it again and again, and I repeat it now, " disband your armies, acknowledge the supremacy of the Constitution of the United States, give obedience to the law, and the whole question is settled." What has been done since ? Their armief have been disbanded. They come now to meet us in a spirit of magnanimity and say, "Wc were mistaken ; we made the effort to carry out the doctrine of secession and dissolve this Union, and having traced this thing to its logical and physical results, we now acknowledge the flag oi our country, and promise obedience to the Con- stitution and the supremacy of the law." I say, then, when you comply with the Con- stitution, when, you yield to the law, when you ackno.wledgo allegiance to the Government — I say let the door o? the Union be opened, and the relation be restored to those that had erred and had strayed from the fold of our fathers. Who has Buffered more than I have? I ask the question. I shall not recount the wrongs and the sufferings inflicted upon me. It is not the course to deal with a whole people in a spirit of revenge. I know there has been s great deal said about the exercise of thr pardon power, as regards the Kzeautive ; and there ia 60 POLITICAL MANUAL. no oiifi who has labored harder than I to have the principals, the intelligent and conscious offendeiB, brought to justice and have the prin- ciple vindicated that " treason is a crime." But, while conscious and intelligent traitors are to be punished, should whole communities and States be made to submit to the penalty of death ? I have quite as much asperity, and per- haps as much resentment, as a man ought to have; but we must reason regarding man as he is, and must conform our action and our conduct to the example .of Him who founded our holy reli- gion. "I came into power under the Constitution of the country, and with the approbation of the peo- ple, and what did I find? Tfound eight millions of people who were convicted, condemned under the law, and the penalty was death ; and, through revenge and resentment, were they all to be an- nihilated? Oh! may I not exclaim, how differ- ent woul3 this be from the example set by the Founder of our holy religion, whose divine arch rests its extremities on thehorizon while its span embraces the universe ! Yes, He that founded this great scheme came into the world and saw men condemned under the law, and the sentence was death. What was his example ? Instead of putting the world or a nation to death. He went forth on the cross and testified with His wounds that He would die and let the world live. Bet them repent; let them acknowledge their rashness ; let them become loyal, and let them be supporters of our glorious stripes and stars, and the Constitution of our c onntry j I say let the leaders, the conscious, intelKgenttrai- tors, meet the penalties of the law. But as for the great mass, who have been forced into the rebellion — misled in other instances — ^let there be clemency and kindness, and a trust and a confi- dence in them. But, my countrymen, after hav- ing passed through this rebellion, and having given as much evidence of enmity to it as some who croak a great deal about the matter — when I look back over the battle-field "and see many of those brave men in whose com- pany. I was, in localities pf the rebellion where the contest was most difficult and doubtful, and who yet were patient ; when I Iqok back over these fields, and where the smoke has scarcely passed away ; where the blood that has been shed has scarcely been absorbed-r-before their bodies have passed through the stages of decom- position — what4aI_Ss.^ ' ^^^8 rebellion ift put down by the strong arm of the Governmjeiit in the field. But is this the only way in wliich we can have rebellions ? This was a struggle against a change and a revolution of the Government, and before we fully get from the battle-fields — when our brave men have scarcely returned to their homes and renewed the ties of affection and love to their wives and their children — we are now almost inaugurated into another re- bellion. One rebellioii was the effort of States to se- cede, and the war on the part of the Government was to prevent them from accomplishing that, and thereby changing the character of our Gov- ernment and weakening its powja:. When the Government has succeeded, there is an attempt now to concentrate all power in the hands of a few at the federal head, and thereby bring about a consolidation of ibe Eipublic, which is eq^ually objectionable with its dissolution. We find a power assumed and attempted to be exercised of a most extraordinary character. We see now that governments can be revolutionized without going into the battle-field ; and s(pmetimes the revolutions most distressing to a people are ef- fected without the shedding of bloed. That is, the substance of your GovernmentmaybetaKen away, while there is held out to you the form and the shadow. And now, what are the at tempts, and what is being proposed ? We find that by an irresponsible central directory nearly all the powers of Congress are assumed, withoiit even consulting the legislative and executive depart ments of the Government. By a resolution "repofted'ty a committer; upon whom and in whom the legislative power of the Government has been lodged, that great principle in the Con- stitution which authorizes and empowers the legislative department, the Senate and House of Eepresentatives, to be the judges of elections, returns, and qualifications of its own memheiSv has been virtually taken away from the two respective branches of the national legislature, and conferred upon a committee, who must report before the body can act on the question of the admission of members to their seats. By this rule they assume a State is out of the Union- and to have its practical relations restored by that rule, before the House can judge of the qualifications of its own members. What posi- tion is that ? You have been struggling for four years to put down a rebellion. You contended at the beginning of that struggle that a t'tate h-M not a right to go out. You said il I'.a I usitrj : the right nor the power, end it ha.» n t-etded that the States had neither Ihe right nor the power to go out of the Lnion. Anrt 'vi.en ."on determine by the executive, by the militiiry. ai.d by the public judgment, that these Stales cannoi have any right to go out, this committee turns around and assume; that they are out, and that they s hall not come in I am free tSTray to yon, as your Executive, that I am not prepared to taie any such ppsition. I said in the Senate, in the very inception of this rebellion, that the States had no right to secede. That question has been settled. Thus determined, I cannot turn round and give the lie direct^to, all that I profess to have done during the last-four years. I say that when the States that attempted to secede comply with the Con stitution, and give Buflici»nt evidence of loyalty, I shall extend to them the right hand of lellow- ship, and let peace and union be restored. I am opposed to the Davises, the Toombees, the Slidelk, and the long list of such. Bui wtien I perceive, on the other hand, men — [A voice, ' Call them off"] — I care not by what name you call them — still opposed to the Union, I im iree to say to you that I am still with the people. I am still for the preservation of these States, for the preservation of this Union, and in favor cf t.his great Government accomplishing its destiny. [Here the President was called upon to give the names of three of the members of Congress to whom he had alluded as being opposed to the Union.] PRESIDENTIAL INTERVIEWS AND SPEECHES. 61 ■ The gentleman calls for three names. I am talking to my friends arid fellow-citizens here. Suppose I should name to you those whom I looJi upon as being opposed to the fundamental principles of this Government, and as now labor- ing to destroy them. I say Thaddeus Stevens, of Pennsylvania; I say Charles Sumner, of Massachusetts ; I say Wendell Phillips, of Mas- sachusetts. [A voice, ';" Forney !"] ' I do not v/aste my fire on dead ducks. I stand for' the country) and'tliough my enemies may traduce, slander, and vituperate,'! may say, that has no force. In addition to this, I do not intend to be gov- erned by real or prfetended friends, nor do I in- tend to Be buUiea by my enemies. An honest conviction is my sustenance, the Constitution my snide. I know, my countrymen, that it has been insinuated — nay, said directly, in high places — that if such a usurpation of power had been ex- ercised two hundred years ago, ih particular reigns, it would have cost an individual his head. What usurpation has Andrew Johnson been guilty Of? . [Cries of " None."] My only usur- pation has been committed by standing between the people and the encroachments of power. And because I dared say in a conversation with 1 fellow-citizen and a Senator too, that I thought amendments to the constitution ought not to be 30 frequent, lest the instrument lose all its sanc- tity and dignity, and be wholly lost sight of in a short time, and because I happened to say in conversation that I thought that such and such an amendment was all that ought to be adopted, it was said that I had suggested such a usurpa- tion of power as would have cost a king his head in a certain period ! In connection with this subject, one has exclaimed that we are in the '' inidst of earthquakes and he trembled." Yes, there is an earthquake approaching, there is a grounds well coming; of popular judgment and indignation. The American people will speak, and by their instinct, if in no dther way; know who are their friends, when and where and in whatever position I stand-^and I have occupied many positions in the government, goingthrough both branches of the legislature. Some gen- tleman here behind me says, " And was a tailor." Now, that don't affect me in the least. When I 'Was a tailor I always made a close fit, and was always punctual to my customers, and did good work. • [A voice. No patchwork.] ■The Pebsidbnt. N6, T did not want any fatchwork. But we pass by this digression, ntimation's havebeen thrown out — and when principles are involved and the exifetenoe of my country imperilsd, I will, as on former occa- sions, apeak what I think. Yes ! Cost him his head ! Usurpation 1 When and where have I been guilty of this ? ' Where is' the man in all the positions I have occupied, from that of alder- man to the Vice Presidency, who can say that Andrew Johnson ever iuade a pledge that he did not redeem,' or ever made a promise that he vio- lated, or that he acted with falsity to the people! ►'They may talk about beheading; but when I am beheaded I -want' the American people to be the witness. I do not want by iriuendoes of an indirect character in high places to have one say to a man who has assassination broiling in his heart, " there is a fit subject," and also ex- claim that the " presidential obstacle " must be got out of the way, when possibly the intention was to institute assassination. Are those who want to destroy our institutions and change the character of the Government not satisfied with the blood that. has been shed? Are they not satisfied with one martyr ? Does not the blood of Lincoln appease the vengeance and wrath of the opponents of this Government? Is their thirststill unslaked? Dothey want more blood? Have' they not honor and coiirage enough to effect the removal of the presidential obstacle otherwise than through the hands of the assas- sin? I am not afraid of assassins; but if it must be, I -would wish to be encountered where one brave man can oppose another. I hold him in dread only who strikes cowardly. But if they have courage enough to strike like men, '(I know they are willing to wound, but they are afraid to strike ;) if mj^blood is to be shed because 1 vindicate the Union and the preserva- tion of this Government in 'its original purity and character, let it be so; but when it is done, let an altar of the Union be erected, and then, if necessary, lay me upon it, and the blood that now warms and animsites my frame shall be poured out in a last libation as a tribute to the Union; and let the opponents of this Govern- ment remember that when it is poured out the blood of the martyr will be the seed of the church. The Union will grow. It -Will continue to increase in strength and power, though it may be cemented and cleansed -with blood. I have talked longer, my countrymen, than I intended; With many acknowledgments for the honor you have done me, I willl say one word in reference to the amendments to the Cons,titution of the United States. Shortly after I reached' Washington,' for the purpose of being inaugurated Vice President, I had a conversation with Mr. Lincoln. We were talking about the condition of affairs, and in reference to matters in my own State. I said we had called a convention and demanded a constitution abolishing slavery in the State, which provision v/as not contained in the Presi- dent's proclamation. This met with his appro- bation, arid he gave me encouragement. In talking upon the subject of amenaments to the Constitution, he said, ''when the amendment to the Constitution now proposed is adopted by three-fouHhs of the States, I shall' be pretty nearly or quite done as regards forming aniend- ments to . the ' Constitution if there should be one other adopted." I asked what that other amendment suggested was, and he replied. " I have labored to preserve this Union. I have toiled four years. I have, been subjected to calumny' and misrepresentation, and my great and sole desire has been to preserve these States intact under the Gonstitutibn, as they were be- fore ; and there should be an amendment to the Constitution whibh ■wonM' compel the States to send their Seri^tors and Eepresentatives to the Congress of the United States." He saw, as part of the doctriie.of secession, that the States could, if they were prepared, withdraw their Senators and Eepresentatives ; and he wished to 62 POLITICAL MANUAL. remedy this evil by the adoption of the amend- mnntfiuggeBted. Even that portion of iheCon- stitntio • which differs from other organic law says that no State shall be deprived of its represen- tation. We now find the position taken that States shall not be recognized; that we will impose taxation; and where taxes are to be imposed the Eepresentatives elect from thence are met at the door, and told : " No ; you mnst pay taxes, but yon cannot participate in a Gov- ernment which is to affect you for all time." Is this just? [Voices— "Ko! No!"] We see, then, where we are going. I repeat, that I am for the Union. I am for preserving all the States. They may have erred, but let us admit those into the counsels of the nation who are cnmistakably loyal. Let the man who ackno^rl- edges allegiance to the Government, and swears to support the Constitution, (he cannot do this in good faith unless he is loyal ; no amplification of the oath can make any difference ; it is mere detail, which I care nothing about;) let him be an I am satisfied that the mass of thinking meii of the South accept the present situation of af- fairs in good faith. The questions which have heretofore divided the sentiments of the people of the two sections — slavery and States rights, or the right of a State to secede from the Union — they regard as having been settled forever by the highest tribunal — arms — that man can resort to. I was pleased to learn from the leading men whom I met, that they not only accepted the de- cision arrived at as final, but, now that the smoke of battle has cleared away and time has been given for reflection, that this decision has been a fortunate one for the whole country, they receiving like benefits from it with those who opposed them in the field and in council. Four years of war, during which law was ex- ecuted only at the pointof the bayonet through- out the States in rebellion, have left the people^, possibly in a condition not to yield that ready^ obedience to civil authority the American people - have generally been in the habit of yielding.^ This would render the presence of small garri- ; sons throughout those States necessary untilsuch time as labor returns to its proper channels, and civil authority is fully established. 1 did not meet any one, either those holding places under the Government or citizens of the Southern States, who think it practicable to withdraw the military from the South at present. The white and the black mutually require the protection of the General Government. There is such universal acquiescence in the au- thority of the General Government 'throughout the portions of the country visited by me, that the mere presence of a military force, without regard to numbers, is sufficient to maintain order. The good of the country and economy require that the force kept in the interior, where there are many freedmen, (elsewhere in the Southern States than at forts upon the sea-coast no force 68 POLiriCAL MANTTAL. Is necessary,) shoiild all be white troops. The reasons for this are obvious without mentioning many of them. The presence of black troops, lately slaves, demoralizes labor both by their ad- vice and by furnishing in their camps a resort for the freedmen for long distances around. Wl\ite troops generally excite no opposition, and therefore a small number of them can maintain .order in a given district. Colored troops must be kept in bodies sufficient to defend themselves. It is notthe thinking men who would use violence toward any class of troops sent among them by the General Government, but the ignorant in some cases might, and the late slave seems to be imbued with the idoa that the property of his Jate master should by right belong to him, or at least should have no protection firom the colored soldier. There is danger of collisions being brought on by such causes. My observations lead me to the conclusion that the citizens of the Southern States are anx- ious to return to" self-government within the Union as soon as possible; that while recon- Itructing, they want and require protection from the Government ; that they are in earnest in wishing to do what tbey think is required by the Government, not humiliating to them as citizens, and that if such a course was pointed out they would pursue it in good faith. It is to be regretted that there cannot be a greater commingling at this time between the citizens of the two sections, and particularly of those in- trusted with the law-making power. V I did not give the operations of the Freed- ^men's Bureau that attention I would have done 'if more time had been at my disposal. Conversa- tions on the subject, however, with officers con- nected with the bureau lead me to think that in someof theStatesits affairs havenot been conduct- ed with good judgment or economy, and that the belief, widoly Spread among the freedmen of the Southern States, that the lands of their former owners will, at least in part, be divided among them, has come from the agents of this bureau. This belief is seriously interfering with the will- ingness of the freedmen to make contracts for the coming year. In some form the Freedmen's Bureau is an absolute necessity until civil law is established and enforced, secnring to the freed- men their rights and full protection. At present, however, it is independent of the military es- tablishment of the country, and seems to be operated by the different agents of the bureau according to their individual notions. Every- where General Howard, the able head of the bureau, made friends by the just and fair instruc- tions and advice he gave ; but the complaint in South Carolina was, that when he left things went on as before. Many, perhaps the majority, of the agerts of the Freedmen's Bureau advise the freedmen that by their own industry they must expect to live. To this end they endeavor to secure employment for them, and to see that both contracting parties comply with their en- gagements. In some instances, I am sorry to cay, the freedman's mind does not seem to be 'lisabuned of the idea that a freedman has the right to live without care or provision for the future. The effect of the belief in division of lands is idleness and accumulation in camps, towns, and cities. In Vuch cases I think it will be found that vice and disease will tend to the extermination, or great reduction of the colored race. It cannot be expected that the opinions held by men at the South for years can be changed in a day ; and therefore the freedmen require for a few years not only laws to protect them, but the fostering care of those who will give them good counsel, and in whom they can rely. The Freedmen's Bureau, being separated from the military establishment of me country, requires all the expense of a separate organiza- tion. One does not necessarily know what the other is doing, or what orders they are acting under. It seems to me this could be corrected by regarding every officer on duty with troops in the Southern States as agents of the Freed- men's Bureau, and then have all orders from the head of the bureau sent through department commanders. This would create a responsibility that would secure uniformity of action through- out all the South ; would insure the orders and instructions from the head of the bureau being carried out ; and would relieve from dnty and pay a large number of employes of the Govern- ment. I have the honor to be, very respectfully, your obedient servant, U. S. Gbabt, LUvienant General. His Excellency A. Johnson, President of the TJniied Slates. Veto of the Fre6dmen.'s Bureau Bill, Februsry 19, 1866. To the Senate of the United States : I have examined with care the bill whidi originated in the Senate, and has been passedby the two Houses of Congress, to amend an act entitled " An act to establish a Bureau for thte relief of Freedmen and Eefugees," and for other purposes. Having, with much regret, come tb the conclusion that it would not be consisterit with the public welfare to give my approval to the measure, I return the bfll to the Senate witit my objections to its becoming a law. I might call to mind, in advance of these ob- jections, that there is no immediate necessity fbr the proposed measure. The act to establish a bureau tor the relief of freedmen and refugees, which was approved in th« month of MarBh last, has not yet expired. It was thought strin- gent and extensive enough for the purpose ih view in time of war. Before it ceases to have effect, further experience may assist to guide UB to a wise conclusion as to the policy to be adopted in time of peace. I share with Congress the strongest desire to secure to the freedmen the full enjoyment of their freedom and property, and their entire independence and equality in making contracts for their labor; but the bill before me contains provisions which, in my opinion, are not war- ranted by the Constitution, and are not well suited to accomplish the end in view. The bill proposes to establish, by authority ol Congress, military jurisdiction over all parts of the United States containing refugees and freed- men. It would, by its very nature, apply with most force to those parts of the UiHed Statesib VETOES AND VOTES. whicl. the freedmen mMt. abound; and it ei- jH-essly extends the existing temporary jurisdio- Uon of the freedmen's bureau, with greatly enlarged powers, over those States " in which the ordinaiy course of judicial proceedings has been interrupted by the rebellion." The source from which this military jurisdiction is to eman- • ate is none other than the President of the United States, acting through the War Department and the Oommissiouer of the Freedmen's Bureau. The agents to carry out this military jurisdiction are to De selected either from the army or from civil life ; the country is to be divided into dis- tricts and sub-districts, and the number of salaried agents to be employed may be equal to the num- ber of counties or parishes m all the United States where freedmen and refugees are to be found. The subjects over which this mililary juris- diction is to extend in every part of the United States include protection to "all employes, agents, and officers of this bureau in the exercise ot the duties imposed" upon them by the bill. In eleven States it is further to extend over all cases affecting freedmen and refugees discrimin- ated against" by local law.oustom, or prejudice." In those eleven States, the bill subjects any white person who may be charged with depriving a treedmau of " any civil rights or immunities Be- longing to white persons " to imprisonment or fine, or both, witnout, however, defining the "civil rights and immunities" which are thus to be secured to the freedmen by military law. This military jurisdiction also extends to all questions that may arise respecting contracts. The agent who is thus to exercise the office of a military judge may be a stranger, entirely igno- rant oflhe laws of the place, and exposed to the errors of judgment to which all men are liable. The exercise of power, over which there is no legal supervision, by so vast a number of agents ■ as is contemplated by the bill, must, by the very nature of man, be attended by acts of caprice, injustice, and passion. The trials, having their origin under this bill, ai^ to take place without the intervention of a jury, and without any fixed rules of law or evidence. The rules on which offences are to be ," heard and determined " by the numerous agents are such rules and regulations as the President, through the War Department, shall prescribe. No previous presentment is required, nor any indictment charging the commission of a crime against the laws ; but the trial must proceed on 'cnaraes and specifications. The punishment will be — not what the law declares, but such as a court-martial may think proper; and from these arbitrary tribunals there lies no appeal, no writ of error to any of the courts in wnich the Constitution of the United States vests exclu- sively the judicial power of the country. While the territory and the classes of actions and offences that are made subject to the measure are so extensive, the bill itself, should it become a,.law, lyill have no limitation in point of time, but will form a part of the permanent legisla- tion ol the country. I cannot reconcile a sys- tem ot military jurisdiction of this kind with the words of the Constitution, which declare that " no person shall be held to answer for a c-vpital or otheirwise infamous crime unless upon a presentment or indictment of a grand jury, except in cases arising in the land and naval forces, or in the militia when in actual service in time of war or public danger;" and that " in all criminal prosecutions the accused shall eujoy the right to a speedy and public trial, by an impartial jury of the State or district wherein the crime shall have been committed." The safeguards which the experience and wisdom of ages taught our fathers to establish as securities for the protection of the innocent, the punisli- meutof the guilty, and the equal administra- tion of justice, are to be set aside, and, for the sake of a more vigorous interposition in behalf of justice, we are to take the risks of the many acts of injustice that would necessarily follow from an almost countless number of agents, es- tablished in every parish or county, in nearly a third of the States of the Union, overwhohe decisions there is to be no supervision or control by the federal courts. The power that would be thus placed in the hands o| the President is such as in time of peace certainly ought never to be intrusted to any one man. If it be asked whether the creation of such a tribunal within a State is warranted as a meas- ure of war, the question immediately presents itself whether we are still engaged in war. Let us not unnecessarily disturb the commerce, and credit, and industry of the country, by declar- ing to the American people and to the world that the United States are still in a condition of civil war. At present there is no part of our country in which the authority of the United States is disputed. Offences that may be com- mitted by individuals should not work a for- feiture of the rights of whole communities. The country has returned or is returning to a state of peace and industry, and the rebellion is, in fact, at an end. The measure, therefore, seems to be as inconsistent with the actual con- dition of the country as it is at variance with the Constitution of the United States. If, passing from general considerations, we ex- amine the' bill in detail, it is open to weighty objections. in time of war it was eminently proper thai, we should provide for those who were passing suddenly from a condition of bondage to a state of freedom.* , But this bill proposes to make the *I have obtained from an official BonrcB the following statement, not of the number of persons relieved, but of the number of rations issued by the Frc-edmeii's Bu- reau, in each State, from June 1, 1865, to April 1, 1866 — ttin months: Sefitgees. Freedmen Total. Virginia 4,655 1,676,127 1;680,762 North Carolina M74 902.776 907,460 South Carolina and Georgia 24.974 861,653 836,627 Alabama ; 87il,3o3 364,21.5 1,243.568 Louisiana ' 4,330 236,431 300,761 Texas 166 S.Wl 3,087 MiBSissippi.... 33,489 308,391 341,880 Arkansas 1,001,862 715,572 1,720,434' Kentucky and Teunossoo.... 87,180 306.960 394.140 District of Columbia 3,834 440,626 444,460 2,047,297 6,876,272 7,923,569 Total number of rations Issued to freedmL'n for ten months 5,376,272 Total number of rations is-juod to refugees £,0^7,297 Total number of rations issued to whites and blacks far ten mmitJis, from June 1, 1865, to , April 1, 1866 7,92a,88:/ 79 POLITICAL MANUAL. Freedmen's Bureau, established by the net of 1865, as one of many great and extraordinary military measures to suppress a formidable re- bellion, a permanent branoli of the.publio admin- istrati'^n, with its powers greatly enlarged. I La«e no reason to suppose, and I do not under- stand it to be alleged, that the act of March, 1865, has proved deficient for the purpose for which it was passed, although at that time, and for a con- siderable period thereafter, the Government of the United States remained unacknowledged in most of the States whose inhabitants had been involved in the rebellion. Tlie institution of slavery, for the military destruction of which the Freedmen's Bureau was called into exiptenoe as an auxiliary, has been already effectually and finally abrogated throughout the whole country by an amendment of the Constitution of the United States, and practically its eradication baa received the assent and concurrence of most, of those States in which it at any time had an exist- ence. I am not, therefore, able to discern in the condition of the country anything to justify an apprehension that the powers and agencies of the Freedmen's Bureau, which were effective for the protection of freedmen and refugees' during the actual continuance of hostilities and of Aftican servitude, will now, in a time of peace, and after the abolition of slavery, prove inadequate to the same proper end.i. If I am correct in these views there can be no necessity for the enlargement of the powers of the bureau for which provision is made in the bill. The third section of the bill authorizes a gen- eral and unlimited grant of support to the des- titute and suffering refugees and freedmen, their wives and children. Succeeding sections make provision for the rent or purchsise of landed es- tates for freedmen, and for the erection for their benefit of suitable buildings for asylums and schools — the expenses to be defrayed from the treasury of the whole people. The Congress of the United States has never heretofore thought itself empowered to establish asylums beyond the limits of the District of Columbia, except for the benefit of our disabled eojdiers and sailors. It has never founded schools for any class of our own people ; not even for the orphans of those who have fallen iij the defence of the Union, but has left the care of education to the much more competent and eificieiit control of the States, of -communitieB, cf private associa- tions, and of individuals. It has 'never deemed itself authorized to expend the public money for the rent or purchase of homes for the thousands, not to say millions, of the white race who are honestly toiling from day to day for their sub- sistence. A system for the support of indigent persons in the United States was never contem- plated by the authors of the Constitution ; nor can any good reason be advanced why, as a per- manent establishment, it should be founded for one class or color of our people more than an- other. Pending the war many refugees and freedmen received support from the Government, but it was never intended that they should thenceforth be fed, clothed, educated, and shel- tered by the United States. The idea on which the slaves were assisted to freedom was, that on becoming, free they would be a self-sustaining population. Any legislation that shall ^mply that they are not expected to attain a solf-sus- taimng condition must have a tendency injuri- ous alike to their character and their prospects. The appointment of an agent for every county and parish will create an immense patronage ; and the expense of the numerous, .otncers a^nd their clerks, to be appointed by the President, will be great in the oeginning, with a tendenny steadily to increase. The appro j.riations asked by the Freedmen's Bureau, as now established for the year 1866, amount to $11,745,000 It may bo safely estimated that the cost to be in- curred under the pending bill will require double that amount — more than the entire sum expended in any one year under the administration of the second Adams. If the presence of agentslin every parish and county is to be considered aa a war measure, opposition, or even resistancfe, might be provoked; so that, to give effect to their jurisdiction, troops would have to be sta- tioned within reach of every one of them, and thus a large standing force he rendered neces- sary. Large appropriations would, therefore, be required to sustain and enforce military 'ju- risdiction in every county or parish from the Potomac to the Rio Grande. 'The condition of our fiscal affairs is encouraging; but, in order to sustain the present measure of public confidence, it is necessary that we practice, not merely cos- tomaiy economy, but, as far as possible, severe retrenchment. ■ In addition to the objections already stated, the fifth section of the bill proposea to take away land from it" former owners without any legal proceedings being first had, contrary t6 that provision of 'the Constitution which'declares that no person shall " be deprived of life, liberty, or property without due process of law." It does not appear that a part of the lands to which this section refers may not be owned by minors, or persons of unsound mind, or by those who have been faithful to all their obligations aa. citizens of the United States. If any -por- tion of the laud is held by such persons, it is npt competent for any authority to deprive themof it. If, on the other hand, it be found that the property is liable to confiscation, even then it cannot be appropriated to public purposes until, by due process of law, it shall have been de- clared forfeited to the Government. There is still further objection to the bill bn grounds seriously affecting the class of persona to whom it is designed to bring relief. It will tend to keep the mind of the freedman in a state of uncertain expectation and restlessness, while to those among whom he lives it will be a source of constant and vague apprehension. Undoubtedly the freedman should be protected, but he should be protected by the civil auth orities, especially by the exercise of^all the constitutional powers of the courts of the United States and of the States. His condition is not so exposed as may at first be imagined. He is in a portion of the country where his labor canAOt well be sparfed. Competition for his services from planters, from those who are constructing or repairing rail- roads, and from capitalists in hia vicinage, or from other States, will enable him to command almost his own terms. He also posstspes a per- VETOES AND VOTES. 71 feet light to change his place of abode ; and if, therefore, he does not find in one oommunity or State a mode of life suited to his desires, or proper remuneration for his labor, he can move to another, where that labor is more esteemed and better rewarded. In truth, however, each State, induced bj its own wants and interests, will do what is necessary and proper to retain within its borders all the labor that is needed for the development of its resources. The laws that regulate supply and demand will maintain their force, and the wages of the laborer will be regulated thereby. There is no danger that the exceedingly great demand for labor will not operate in favor of the laborer. Neither is sufficient consideration given to the ability of the freedmen to protect and take care of themselves. It is nomore than justice to th'em to believe that as they have received their free- dom with moderation and forbearance, so they will distinguish themselves by their industry anli .thrift, and soon show the world that in acondi- tion of freedom they are self-sustaining, capable of selecting their own employment and their own :plac6B of abode, of insisting for tJiemselves on a proper remuneration, and of establishing and [.maintaining their own asylums aud sahools. It is earnestly hoped that, instead of wasting away, they will, by their own efforts, establish for them- selves a condition of respectability and prosperity. -It is certain that they can attain to that condition only through their own merits and exertions. :' In this connexion the query presents itself whether the system proposed by the bill will not, when put into complete operation, practically transfer the entire care, support, ana control of four millions of emancipated slaves to agents, overseers, or task-masters, who, appointed at Washington, are to be located in every county and parish throughout the United Staltes contain- • ing freedmen and refugees ? Such a system would ine^'itably tend to a concentration of power in the Executive, which would enable him, if so disposed, to control the action of this numerous class, and use them for the attainment of his own political ends. I cannot but add another very grave objection to this bill. The Constitution imperatively de- clares, in connection with taxation, that each State SHALL have at least one Eepresentative, and fixes the rule for the number to which, in , future times, each State shall be entitled. It also provides that the Senate of the United States SHALL be composed of two Senators from each State ; and adds, with peculiar force, " that no State, without its consent, shall be deprived ;of its eqaal suffrage in the Senate." The origi- nal act was necessarily passed in the absence of the States chiefly to be affected, because their r people were then contumaciously engaged in the rebellion. Now the case is changed, and some, at least, of those States are attending Congress by loyal representatives, soliciting the allow- ance of the constitutional right of representa- ■ tion. At the time, however, of the considera- tion and the passage of this bill, there was no :" Senator or Representative in Congress from the ,, eleven States which are to be mainly affected by its provisions. The very fatit that reports were and are made against tlie good disposition of the people of that por'-ion of the country ie an additional reason wny they need, and should have, Representatives of their own in Congress, to explain their condition, reply to accusations, and assist, by their local knowledge, in the per- fecting of measures immediately affectii g them- selves. While the liberty of deliberatii a would then be free, and Congress would h.ive full power to decide according to its judgment, there could be no objection urged that the States most interested had not been permitted to be heard. The principle is firmly fixed in the minds of the American people, that there should be no taxation without representation. Great burdens have now to be borne by all the coun- try, and we may best demand that they shall be borne without murmur when they are voted by a majority of the representatives of all the peo- ple. I would not interfere with the unques- tionable right of Congress to judge, each house for itself, ",of the elections, returns, and qualifi- cations of its own members." But that author- ity cannot be construed as Ricluding the right to shut out, in time of peace, any State from the representation to which it is entitled by the Constitution. At present all the people of eleven States are excluded — those who were most faith- ful during the war not less than others. The State of Tennessee, for instance, whose authori- ties engaged in rebellion, was restored to all her constitutional relations to the Union by the pa- triotism and energy of her injured and betrayed people. Before the war was brought^to a ter- mination they had placed themselves in rela- tions with the General Government, had estab- lished a State government of their own, and, as they were not included in the emancipation proc- lamation, they, by their own act, had amended their constitution so as to abolish slavery within the limits of their State. I know no reason why the State of Tennessee, for example, should not fully enjoy " all her constitutional relations to the United States." The President of the United States stands to- wards the country in a somewhat different atti- tude from that of any member of Congress. Each member of Congress is chosen from a sin- gle district or State ; the Presidentiis chosen by the people of all the States. As eleven States are not at this time represented in either branch of Congress, it would seem to be his duty, on all proper occasions, to present their just claims to Congress. There always will be differences of opinion in the community, and individuals may be guilty of transgressions of the law, but these do not constitute valid objections against the right of a State to representation. I would in nowise interfere with the discretion of Con- gress with regard to the qualifications of mem- bers i but I hold it my duty to recommend to you, in the interests of peace and in the interests of Union, the admission of every State to its share in public legislation, when, however in- subordinate, insurgent, or rebellious its people may have been, it presents itself not only in an attitude of loyalty and harmony, but in the persons of representatives whose loyalty can- not be questioned under any existing constitu- tional or legal test. It is plain that an indefinite or permanent exclusion of any part of the 72 POUTICAL MA^UAI.. eountry from representation must be attended by a spirit of disquiet and complaint. It is un- wise and daijgeraus to pursue a course of meas- ures which wul unite a very large section of tbe country against another section of the country, however much the latter may preponderate. The course of emigration, the development of industry and business, and natural causes, will raise up at the South men as devoted to the Union as those of any other part of the land. Bnt if they are all excluded from Congress ; if, in a permanent statute, they are declared not to be in full constitutional relations to the country i they may think they have cause to be- come a unit in feeling and sentiment against the Government. Under the political education of the American people, the idea is inherent and and ineradicable, that the consent of the majority of the whole people is necessary to secure a willing acquiescence in legislation. The bill under consideration refers to certain of the States as though they had not "been fnlly restored in all their constitutional relations to the United States." If they have not, letxis at once act together to secure that desirable end at the earliest possible moment. It is hardly necessary for me to inform Congress ti^at, in my own judgment, most of those States, so far, at least, as depends upon their own action, have already been fuHy restored, and are to be deemed as entitled to enjoy their constitutional rights as members of the Union.* Eeasoning from the * Id response to this snggostioii, this action took place in fongress : When Seprosentatives shall be Admitted from S||tes declared in Insnriection. Ik House. February 20, 1866— Mr. Stevens, from the !!ommittee on Reconstruction, reported this ■soncurrent resolution : r Resolved by the House of Syyresentatives, (the Senate concurring,) That, in order to close agitation upon a question which seems likely to iisturb the action of the Government, as well as to quiet the uncertainty which is agitating the mmds of the people of the eleven States which have been declared to be in insurrection, no Senator or Representative shall be admitted into either branch of Congress from any of said States until Congress shall have declared such State entitled to such representation. Which was agreed to — yeas 109, nays 40, as follow : Yeas — Messrs. Allison, Audereon, James M. Ashley, Baker, Baldi\in, Banks, Baxter, Seaman, Benjamin, Bidwell, Bing- ham. Blaine, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Sidney Clarke, Cobb, Conkling, Cook, Cnllom, Sawcs, Defroes, Deming, Sonnelly, Driggs, Eckley. Eggles- ton, Eliot, Famsworth, Parquhar, Ferry, Garfield, Grinbell, Oriswold, Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Semas Hubbard, jr., John H. Hubbard, James B. Hubbell, Hnlburd, IngersoU, Jenckes, Julian, Selley, Kelso, Eetcham, Laflin, George T. Lawrence, Wil- liam Lawrence, Loan, Longyear, Lynch, Idarston, McClnrg, lUoIndoe, MoKee, MoRuer, Mercur, lUoorhead, Morrill, Horrls, Moulton, Myers, O'Neill. Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, William H. Kaudall, John H. Eice, SaVfyer, Schenck, Soofleld, Sbellabarger, Sloan, Spalding, Starr, Stevens, Thayer, John L. Thomas, jr., Trowbridge, Upson, Tan Aernam, Burt Van Horn, Ward, Warn er, Ellihu B. Washbunie, William B. Washburn, Welkor, Wontworth, Williams, James S. Wilson, Stephen ?. Wilson, Windom, Woodbriage— 109. Constitution itself, and from the actual sitnatioo of the country, I feel not only entitled, but bound to assume that, with the federal courts restored,, and those of the several States in the fuU exer- cise of their functions, the rights and interests of all classes of the people wiU, with the aid of the military in cases of resistance to the laws, be essentially protected against unconstitutional infringement or violation. Should this expec- tation unhappily fail, which I do not anticipate, then the Executive is already fnlly armed with the powers conferred by the act of March, 1865, establishing the Freedmeu's Bureau, and here- after, as heretofore, he can employ the land and naval forces of the country to suppress insurrec- tion or to overcome obstructions to the laws. In accordance with the Constitution I return the bill to the Senate, in the earnest hope that a measure involving questions and interests so important to the country will not become a law, unless, upon deliberate consideration by the peo- ple, it shall receive the sanction of an enlightened public judgment. Andeew Johssou. H Washington, February 19, 1866. ,- Copy of the Bill Vetoed. Aif Act to amend an act entitled " An act to establish a Bureau for the relief of Freedmen , and Refugees," and for other purposes. Be it enacted, &c., That the act to establish a Nats -Messrs. Bergen, Boyer, Brooks, Chanler, Ooffroth, Dawion, Eldridge, Finck, Gtosibramir, Goodyear, Grider, Hale, Aaron Harding, Mogan, Humphrey, Kerr, Latham, MarshaU, McOuUough, Newell, Niblack, NichoUon, Phelps, Radford, Samuel J. JSandall, Raymond, Sitter, Sogen, Ross, Rousseau, ShavMiti, Sitgreaves, Smith, Taber, Taylor, STtornton, Trimble, Voorhees, Wbaley, Wright — 40. February 21 — A motion to reconsider the above vote having been entered, Mr. Stevens moved to lay it on the table ; which was agreed to — ^yeas 108, nays 38, as follow : Teas — Messrs. Allison, Anderson, Belos R. Ashley, James M. Asbley,Baker, Baldwin, Banks, Barker, Baxter, Beaman, Beujamin, Bidwell, Bingham, Blaine, Bontwell, Brande- gee, Bromwell, Broomall, Buckland, Reader W.Clarke, Cobb, Conkling, Cook, Cullom, Dawes, Defrees, Deming, Donnelly, Drigg^,D)imont, Eckley, Bggleston, Eliot, Farquhar, Ferry, Garneld, OriDnell,Gri8wold, Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Asahel W. Hubbard, Demas Hubbard, jr., John H. Hubbard, James R, Hubbell, Hnlburd, IngersoU, Jenckes, Julian, Eelley, Eetcham, Laf- lin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, M^irston, Marvin, UcClurg, Mclndoe, McRner, Mer- cur, Mcorhead, Morrill, Morris, Moul ton, O'Neill, Orth, Paine, Perham, Pike, Plants, Pomeroy, I'rice, William H. Randall, Alexander H. Rice, John H.Rice, Rollins, Sawyer, Schencb,. Scofleld, Sbellabarger, Sloan, Spalding, Starr, Stevens, Thayer, Francis Thomas, JohnL. Thomasijr., Trowbrid^, Upson, Van Aernam, Burt Van Horn, Ward, Warner, ElUhn B. Waehburne, William B.WaBhbnm,Welker,Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom— 108. Nats— Messrs. Anama, Bergen, Boyer, Brooks, Ooffrolh, Dawson, Delano, venison, Eldridge, Finck, Glossbrenner, Goodyear, Grider, Robert S. Hale, Hi^an, Edimn N. fiui&eU, James M. Humphrey, Kerr, Lathnm, MarshaU, McOilMgh, Newell, Niblack, Ificholton, JfotH, iPhelps, Bad/ord, Bitttr, Rogers, Ross, Rousseau, S/iankUn, Sitgreaves, Strouse, Ihier, Itiylor, Trimble, Whaley— 38. March 2 — The Senate passed the resolution — yeas 29, nays 18, as follow : Teas— Messrs. Anthony, Brown, Chandler, Clark, Con- ness, Cragin, Greswell, Feesenden, Foster, Grimes, Harris, Henderson, Howe, Eirkwood, Lane of Indiana, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman, Spragne, Sumner, Trumbull, Wade, Willey, Williams, Wilson, Yates— 29. Nats— Messrs. Buckaleio, Cowan, Davis, Dixon, Doolitt)^ Guthrie, Hendricks, Johnson, Lane of Eansas, McDougm, Morgan, NesnMh, Norton,, Riddle, SauMmry, Btewaifc Stociten, Tan Winkle— 18. VETOES AND VOTES. 73 bureau for the relief of freedmen and refugees, approved March three, eighteen hundred and Bixty-five, shall continue in force until otherwise provided by law, and shall extend to refugees and freedmen in all parts of the United titates ; and tlie President may divide the section of coun- try containing such refugees and freedmen into districts, each containing one or morp States, not to exceed twelve in number, and, by and with the advice and consent of the Senate, ap- point an assistant commissioner for each of said districts, who shall give like bond, receive the compensation, and perform the duties prescribed by this and the act to which this is an. amend- ment ; or said bureau may, in the discretion of the president, be placed under a commissioner and assistant commissioners, to be detailed from the army ; in which event each officer so assigned to duty shall serve without increase of pay or allowances. Sec. 2. That the commissioner, with the ap- proval of the President, and when the same shall be necessary for the operations of the bu- reau, may divide each district into a number of sub-districts, not to exceed the number of coun- ties or parishes in such district, anji shall assign to each sub-district at least one agent, either a citizen, officer of the army, or enlisted man. who, if an officer, shall serve without additional compensation or allowance, and if a citizen pr enJiSted man, shall receive a salary of not less than five hundred dollars nor more than twelve hundred dollars annually, according to the ser- vices rendered, in full compensation for such services ; and such agent shall, before entering on the duties of his .office, take the oath pre- Borihed in the first section of the act to which this is an amendment. And the commissioner may, when the sarne shall be necessary, assign to, each assistant commissioner not exceeding three clerks, and to each of said agents one olerk, at an annual salary not exceeding one thousand dollars each, provided suitable clerks cannot be detailed from the army. And the "President of the United States, through the War Pepartment and the commissioner, shall extend military jurisdiction and protection over alll em- ployes, agents, and officers of this bureau in the exercise of the duties imposed or authorized by this act or the act to which this is additional. .Seo. 3. That the Secretary of War may direct such issues of provisions, clothing, fuel, and other supplies, including medical stores and transportation, and afford such aid, medical or otherwise, as he may deem needful for the im- mediate and temporary shelter and supply of destitute and suffering refugees and freedmen, their wives and children, under such rules and. regulations as he may direct : Provided, That no person shall be deemed " destitute," "suffer- ing," or " dependent upon the Government for support," within the meaning of this act, who, being able to find employment, could by proper industry and exertion avoid such destitution. Buffering,. or dependence. Seo. 4. That the President is hereby author- ized to reserve from sale, or from settlement, under the homestead or pre-emption laws, and to set apart for the use of freedmen and loyal refu- gees, male or female, unoccupied public lands in Florida, Mississippi, Alabama, Louisiana, and Arkansas, not exceeding in all three millions of acres of good land ; and the commissioner, under the direction of the President/ shall cause the same from time to time to be allotted and as- signed, in parcels not exceeding forty acres.eaoh, to the loyal refugees and freedmen, who shall be protected in the use and enjoyment thereof for such term of time and at suuli annual rent as .may be agreed on between the commi«.sioner and such refugees or freedmen. The rental shall be based upon a valuation of the land, to be ascer- tained in such manner as the commissioner may, under the direction of the President, by regulation prescribe. At the end of such term, or sooner, if the commissioner shall assent thereto, the occupants of any parcels so assigned, their heirs and assigns, may purchase the laud and receive a title thereto from the United States in fee, upon paying therSfor the value of the laud ascertained as aforesaid. Seo. 5. That the occupants of land under Major General Sherman's special field order, dated at Savannah, January sixteen, eighteen hundred and ^ixty-five, are hereby confirmed in their possession for the period of three years from the date of' said order, and no person shall be disturbed in or ousted from said possession during said three years, unless a settlement shall be made with said occupant, by the former owner, his heirs or assigns, satisfactory to the comniissioner of the Freedmen's Bureau : Pro- vided, That whenever the former owners of lands occupied under General Sherman's field order shall make application for restoration of said lands, the commissioner is hereby authorized, upon the agreement and with the written con- sent of saia occupants, to procure other lands for them by rent or purchase, not exceeding forty acres for each occupant, upon the terms and con- ditions named in section four of this act, or to set apart for them, out of the public lands as- signed for that purpose in section four of this act, forty acres each, upon the same terms and conditions. Seo. 6. That the commissioner shall, under the directicin of the President, procure in the name of the United States, by grant or purchase, such lands within the districts aforesaid as may be required for refugees and freedmen dependent on the Government for support; and he shall pro- vide or cause to be erected suitable buildings for asylums and schools. But no such purchase shall be made, nor contract for the same entered into, nor other expense incurred, until after ap- propriations shall have been provided by Con- gress for such purposes. And no payment shall Be made for lands purchased under this section, except for asylums and schools, from any moneys not specifically appropriated therefor. And the commissioner shall cause such lands from time to time to be valued, allotted, assigned, and sold in manner and form provided in the fourth sec- tion of this act, at a price not less than the cost thereof to the United States. Sec. 7. That whenever in any State or distric* in which the ordinary course of judicial pro- OEsedinffl has been iuterrupted by the rebellion, and wherein, in consequence of any Stat? or local law, ordinance, police or other regulation, POLITICAL MANUAL, cnstom, or premdice, any of the civil righto or immunities belonging to white persons, inclu- ding the right to make and enforce contracte, to Bue, be parties, and give evidence, to inherit, pnrchafe, lease, sell, hold and convey real and perBonal property, and to have full and equal benefit of all laws and proceedings for the security of person mi estate, including the constitutional right of bearing arms, are refused or denied to negroes, mnlattoes, freedmen, refu- gees, or any other persons, on account of race, color, or any previous condition of slavery or involuntary servitude, or wherein they or any of them are subjected to any other or different punishment, pains, or penalties, for the commis- sion of any act or offence than are prescribed for white persons committing like acts or offen- ces, it shall be the duty of the President of the United States, through the commissioner, to ex- tend military protection and jurisdiction over all cases affecting such persons so discriminated Seo. 8. That any person who, under color of any State or local law, ordinance, police, or other regulation or custom, shall, in any State or dis- trict in which the ordinary course of judicial proceedings has been interrupted by the rebel- lion, subject, or cause to be subjected, any negro, mulatto, freedman, refugee, or other person, on account of race or color, or any previous con- dition of slavery or involuntary servitude, or for any other cause, to the deprivation of any civil right secured to white persons, or to any other or different punishment than white per- sons are subject to for the commission of like acts .or offences, shall be deemed guilty of a misdemeanor, and be punished by fine not ex- ceeding one thousand dollars, or imprisonment not exceeding one year, or both; audit shall be the duty of the officers and agents of this bu- reau to take jurisdiction of, and hear and deter- mine all offences committed against the provi- sions of this section, and also of all cases affect- ing negroes, mulattoes, freedmen, refugees, or other persons who are discriminated against in any of the particulars mentioned in the prece- ding section of this act, under such rules and regulations as the President of the United States, through the War Department, shall prescribe. The jurisdiction conferred by this and the pre- ceding section on the officers and agente of this bureau shall cease and determine whenever the discrimination on account of which it is con- ferred ceases, and in no event to be exercised in any State in which the ordinary course of judi- cial proceedings has not been interrupted by the rebellion, nor in any such State after said State shall have been fuUy restored in all its constitu- tional relations to the United States, and the courts of the State and of the United States within the same are not disturbed or stopped in die peaceable course of justice. Seo. 9. That all acts, or parts of acts, inoon- eistent with the provisions of this act, are here- by repealed. The votes on passing this bill were : In Sbnate. 1866, January 25 — The bill passed— yeas 37, nays 10, as follow; Yus— Messrs. Anthony, Brown, Chandler, Claik, Con- nasa, Cragio, Creswell, DUoni SooUttle, fessenden, foot, Foster, Grimes, Harris, Henderson, Howard, Ilowe, Kirk* -wood, lAne of Indiaoa, Lane of Kansas, Morgan, Morrill, Norton, Nye, Poland, Pomero.y, Kamsey, Shfrmon, Spragne, Stewart, Snniner, Trombull, Van Winkle, Wada, Wlllianij, "Wilson, Tales— 37. Nat»— Messrs. Buekaleia, BavU, Outhrie, Bendrida, Johnson, McDougall, Biidk, SmUibury, Stockton, Wriglii~ 10. If House. February 6 — The bill.passed — yeas 137, nays 33, as follow: Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow, Bontwell, Brandegee, Bromwell, Broomall, Bnndy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cnlloni, Darling, Bavis, .Dawes, De&ees, Delano, Deming, Bizon, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Fams- wortb, Farqohar, Ferry, Garfield, Grlnnell, Griswold, Hale, Abnsr C. Harding, Hurt, Hayes, Henderson, Higby, HiU, Holmes, Hooper, Hotchkiss, Asahel W. Hubbaril, Chester D. Hubbard, Demas Hnbbard, John H. Hubbard, James R. Hnbbell, James Humphrey, lugersoll, Jeackee, Julian, Kus. son, Eelley, Kelso, Ketcham, Knykendall, Latlln, Latiiam, George Y. Lawrence, WiUiam Lawrence, Loan, Lougyeai', Lyuoh, Maraton, Marvin, McClurg, Mclndoe, McEee, McBuer, Mercup, Miller, Moorhead, Morrill, Monis, Monl- ton, Myers, Newell, O'Neill, Orth, Paine, Pattej'son, Perhsu, Phelps, Pike, Plants, Pomeroy, Price, William H. Randall, Raymond, Alexander H. Bice, John H. Bice, Rolliui>, Saw- yer, Schenck, Scofield. Shellabarger,' Sloan, Smith, Spi^A ing, StaiT, Stevens, Stilwell, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Upson, Van Aemam, Burt Van Horn, Bobert T. Van Horn, Ward, Warner, Ellihn B. Washburne, William B. Washburn, Welker, Wentworth, Whaley, Wil- liams, James F. Wilson, Stephen F. Wilson, Windom, Wof^ bridge— 137. Nats — Messrs. Boyer, Brooks, Ckajder, Dawson, Eldridffe, JPinck, Glossbrenner, Grider, Aaron Harding, Harris, Ho- gan, Edwin N. HubbeU, Jarrua M, Humphrey, Kerr, Lt Bland, SiarshaU, McOuliough, Xfiblack, Nicholsan, Noell, Samitd J. RandaU, Bitter, Sogers, Boss, Bonsseau, ShankUa, Sitgreaves, Stratus, Jhoer, Xtoylor, Tlurmbm, TrinMe, Wright— Sa. February 21 — In Senate, the vote on passing the bUl, notwithstanding the objections of the President, was — yeas 30, nays 18, as follow : Yeas — ^Messrs. Anthony, Brown, Chandler, Clark, ConnesSf Cragin, Creswell, Fessenden, Foster, Grimes, Harris, Haii- derson, Howard, Howe, Kirkwood, Lane of Indiana, Lane of Kansas, Morrill, Nye, Poland, Pomeroy, Ramsey, ^ds man, Sprague, Sumner, Trumbull, Wade, Williams, Wilfoa, Yates— 30. Nats — Messrs. .Si«!%a2eu;, Cowan, Davis, Dixon, DooUttle^ GvHirie, Hendricks, Johnson, McDougall, Morgan, Nesmi^ Norton, Biddle, Saulsbury, Stewart, Stockton, Van Winkle, WUley— 18. Two-thirds not having voted therefor, the bill failed. Veto of the Civil Bights BiU, Uarch 27, 1866. To the Senate of the United States : I regret that the bill which has passed both Houses of Congress, entitled " An act to protect all persons in the United States in their civil rights, and furnish the means of their vindica- tion," contains provisions which I cannot ap- prove, consistently with my sense of duty to the whole people, and. my obligations to the Consti- tution of the United States. I am therefore con- strained to return it to the Senate, the house in which it originated, with my objections to its becoming a law. By the first section of the bill all persons born in the United Stales, and not subject to any for- eign power, excluding Indians not taxed, are de- clared to be citizens of the United States. This provision comprehends the Chinese of the Pa- cific States, Indians subject to taxation, the peo- ple called Gipsies, as well as the entire race des- ignated as blacks, people of color, negroes, mu- lattoes, and persons of African blood Every individual ot these races, born in the United VETOES AND VOTES. 76 .^tates, is by the bill made a citizen of the United States. It does not purport to declare or confer any other right of citizenship than federal citi- 'iaenship. It does not purport to give these classes •of. persons any status as citizens of States, ex- "cept that wKich may result from their status as citizens of the United States. The power to oon- s^r the right of State citizenship is iust as ex- ^■ansively with the several States as the power to confer the Wght of federal citizenship is witti -J)OfagT«BS. ' /The right of federal citizenship thus to be con- yerred on the seveiral excepted races before men- ''tioned, is now, for the first time, proposed to be .given by law. If, as is claimed by many, all , persons who are native-born already are, by virtue ■of the Constitution, citizens of the United States, jthe passage of the pending bill cannot be neces- sary to make them such. If, on the other hand, such persons are not citizens, as may be assumed ■ from the proposed legislation to make them such, •the grave question presents itself, whether, when eleven of the thirty -six States are unrepresented .in Congress at thepresenttime, it is sound policy -to make our entire colored population and all other excepted classes citizens of the United States? Four millions of them have just emerged from slavery into freedom. Can it be reasonably supposed that they possess the requi- ,«te qualifications to entitle them to all the priv- ileges and immunities of citizens of the United States ? Have the people of the several States expressed such a conviction ? It may also be asked whether it is necessary that they should be declared citizens, in order that they may be secured in the enjoyment of the civil rights pro- '-posed to be conferred by the bill ? Those rights are, by federal as well as State lawg, secured to aU domiciled aliens and foreigners, even before 'the completion of the process of naturalization ; and it may safely be assumed that the same enactments are sufficient to give like protection jand benefits to those for whom this bill provides .special legislation. Besides, the policy of the Government, from its origin to the present time, seems to have been that persons who are stran- ■gers to and unfamiliar with our institutions and our laws should pass through a certain proba- tion, at the end of which, before attaining the coveted prize, they must give evidence of their ifitness to receive and to exercise the rights of cit- ' izens, as contemplated by the Constitution of the United States. The bill, in effect, proposes a -discrimination against large numbers of intelli- gent, worthy, and patriotic foreigners, and in favor of the negro, to whom, after long years of bondage, the avenues to freedom and intelligence have just now been suddenly opened. He must, 'j)i necessity, from his previous unfortunate con- edition of servitude, be less informed as to the nature and character of our institutions than he cwho, coming from abroad, has to some extent, at least, familiarized himself with the principles ■of a government to which he voluntarily in- :trust9 " life, liberty, and the pursuit of happi- -o'ess." Yet it is now proposed, by a single leg- "islative enactment, to confer the riights of oiti- -zens upon all persons of African descent born within the extended limits of the United States, ' while persons of foreign^ birth, who make our land their home, must undergo a probation of fiv6 years, and can only then become citizens upon proof that they are " of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same." The first section of the bill also contains an enumeration of the rights to be enjoyed by these classes, so made citizens, "in every State and Territory in the United States." These rights are, ''to make and enforce contracts, to sue, be parties, and give evidence ; to inherit, purchase, lease, sell, hold, and convey real and personal property;" andtohave "full and equal benefit of alllaws and proceedings for the security of person and property as is enjoyed by white citizens." So, too, they are made subject to the same punish- ments, pains, and penalties in common with white citizens, and to none other. Thus a perfect equality of the white and colored races is at- tempted to be fixed by federal law in every State of the Union, over the vast field of State jurisdic- tion covered by these enumerated rights. In no one of these can any State ever exercise any power of discrimination between the different races. In the exercise of State policy over mat- ters exclusively effecting the people of each State, it has frequently been thought expedient to dis- criminate Between the two races. By the stat- utes of some of the States, northern well as south- ren, it is enacted, for instance, that no white gerson shall intermarry with a negro or mulatto, hancellor Kent says, speaking of the blacks, that " marriages between them and the whites are for- bidden in some of the States where slavery doea not exist, and they are prohibited in all the slave- holding States ; and when not absolutely contrary to law, they are revolting, and regarded as an offence against public decorum." I do not say that this bill repeals State laws on the snbj ect of marriage between the two races ; for, as the whites are forbidden to intermarry with the blacks, the blacks can only make such contracts as the whites themselves are allowed to make, and therefore connot, under thib bill, enter into the marriage contract with the whites. I cite this discrimination, however, as an instance of the State policy as to discrimination, and to in- quire whether, if Congress can abrogate all State laws of discrimination between the two races in the matter of real estate, of suits, and of contracts generally, Congress may not abo repeal the State laws as to the contract of marriage between the two races ? Hitherto every snbj ect embraced in the enumeration of rights contained in this bill has been considered as exclusively belonging to the States. They all relate to the intern^ police and economy of the respective States. They are matters which in each State concern the do- mestic condition of its people, varying in each according to its own peculiar circumstances and the safety and well-being of its own citizens. I do not mean to say that upon all these subjects there are not federal restraints — as, for instance, in the State power of legislation over contracts, there is a federal limitation that no State shall pass a law impairing the obligations of contracts ; and, as to crimes, that no State shall pass an ex post facto law ; and, as to money, that no State shall make anything but gold and silver a legal 7i8 POLITICAIi MANUAL. tender. But where can we find a federal prohi- bitioti against the power of any State to discrimi- nate, as do most of them, between aliens and citizens, between artificial persons called corpora- tions and natural persons, in the right to hold real estate ? If it he granted that Congress can repeal all State laws discriminating Between whites and blacks in the subjects covered by this bill, why, it may be asked, may not Congress re- peal, in the same way, all State lawa discrimi- nating between the two races on the subjects of suffrage and office? If Congress can declare by law who shall hold lands, who shall testify, who shall have capacity to make a contract in a State, then Congress can by law also declar-e who, without regard to color or race, shall have the right to sit as a juror or as a judge, to hold any office, and, finally, to vote, "m every State and Territory of the United States." As respects the Territories, they come ^ithin the power of Con- gress, for as to themthelaw-makingpoweristhe Federal power ; but as to the States no similar 'provision exists vesting in Congress the power "to make rules and regulations for them. The object of the second section of the bill is to afford discriminating protection to colored persons in the full enjoyment of all the rights secured to them by the preceding section. It de- clares " that any person who, under color of any law, statute, ordinance, regulation, or cus- tom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the de- privation of any right secured or protected by thie ace, or to different pKnishment, pains, or penalties, on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, or by reason of nis color or race, than is prescribed for the punishment of white per- /Bons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by_ a fine not exceeding one thousand dollars, or impris- onment not exceeding one year, or both, in the discretion of the court." This section seems to be designed to apply to some existing or future law of a State or Territory which may conflict with the provisions of the bill now under con- sideration. It provides for counteracting such forbidden legislation by imposing fine and" im- prisonment upon the legislAtors who may pass such conflicting laws, or upon the officers or agents who shtSl put or attempt to put them into execution. It means an official offence — not a common crime committed against law upon the persons or property of the black race. Such an act may deprive the black man of his property, but not of tne right to hold property, it means a deprivation of the right itself, either by the State judiciary or the State legislature. It is therefore assumed that under this section mem- bers of State legislatures who should vote for laws conflicting with the provisions of the hill, that judges of the State courts who should ren- der judgments in antagonism with its terms, and that marshals and sheriffs who should, as minis- terial officers, execute processes sanctioned by State laws and issued by State judges in execu- tion of their mdgments, could be brought before ©ther tribunals, and there subjet ted to fine and imprisonment for tn« performance of the duties which such State laws might impose. The leg- islation thus proposed invades the judicial power of the State. It says to every State court or judge, if you decide that this act is unconstitu- tional ; if you refuse, under the prohibition of a State law;, to allow a n^gro to testify ; if you hold that over such a subject-matter the State law is paramount, and *' under color" of a State law refuse the exercise of the right to the negic^ your error of judgment, however conscientious, shall subject you to fine and imprisonment ! l do not apprehend that the conflicting legislation which the'bill seems to contemplate is so likely to occur as to render it necessary at this time.to adopt a measure of such doubtful constitution- ality. In the next place, this provision of the bill seems to be unnecessary, as adequate judicial remedies could be adopted to secure the desired end, without invading the immunities of legis- lators, always important to be preserved in the intereM^ of public liberty ; without assailing the independ.ence of the judiciary, always essential to the preservation pf individual rights ; and without impairing the efficiency of ministerial officers, always necessary for the maintenance of public peace and order. The remedy proposed by this section seems to be, in this respect, not only anomalous, but unconstitutional ; for the Constitution guarantees nothing with certainty if it does not insuire to the several States the right of making and executing laws in regard' to all matters arising within their jurisdicSon,: subject only to the restriction that, in cases ol conflict with the Constitution and constitutional laws of the United States, the latter should be held to be the supreme law of the land. The third section gives the district courts of the United States exclusive " cognizance of all crimes and offences copimitted against the pro- visions of this act," and concurrent jurisdiction with the circuit courts of thp United States of all civil and criminal oases "affecting persons who are denied, or cannot enforce in the courts or judicial tribunals of the State or locality where they may be, any of the rights secured to them by the first section." The construction which I have given tq the ^econd section is strengthened by this third section, for it makes clear what kind of depial or deprivation of the rights se,eured by the first section was in con- templation. It is a denial or deprivation of such rights " in the courts or judicial tribunals of the State." It stands, therefore, clear of doubt that the offence and the penalties provided in the second section are intended for the State judge; who, in the clear exercise of .his functions as a judge, not acting ministerially but judicially, shall decide contrary to this federal law. In other words, when a State judge, acting upon a question involving a conflict between a State law and a federal law, and bound, apcording to his ' own iu(Jgment and responsibility, to give an impartial decision between the two, comes to the conclusion that the State law is valid and the federal law is invalid, he joust not follow the- dictates of his own judgment, at the peril of fine and imprisonment. The legislative department of the Government of the United States thuS;, VETOES. AND VOTES. 7-7 takes from tho judicial department of the States the sacred and exclusive duty of judicial decision, and converts the State judge into a mere minis- terial officer, bound to dfeoide according to the ■will of Confess. , It is- clear that, in St^ites which deny to per- sons whose rights are secured by the£rst section of the bill any one of thpse rights, all criminal and civil case^ affecting them will, by the pro- visions of the third section, come under the ex- clusive cognizance of the federal tribunals. It follows that if, in any State which denies to a colored person any one of all those rights, that person should commit a crime against the laws of a State — murdei-, arson, rape, or any other crime — all protection and punishment through the courts of th'e State are taken away, and he can only be tried and punished in the federal courts. How is the criminal to be tried ? If the offence is provided for and punished by fed- eral law, that law, and not the State law, is to fovern. It is only when the offence does not appen to be within the purview of federal law that the federal courts are to try and punish him under any other law. Then resort is to be had to the " common law, as m'odifi'ed and changed" by State legislation, "so far as the atome is not incon'siBtent with the Constitution and laws of the United States." So that over this vast domain of criminal jurisprudence pro- vided by each State for the p'^)tec!tion of its own citizens, and for the punishment of all persons who violate its criminal laws, federal law, when- ever it can be made to apply, displaces State law. The question here naturally arises, from what source Congress derives the power to transfer to federal tribnnah certain classesof cases embraced in this section ? The Constitution expressly de- clares that the judicial power of the United States "shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and tieaties made, or which shall be made tmde'r their authority ;' to all cases affecting ambassa;dbrs, other public ministers and consuls ; to all cases of adiniralty and maritime jurisdiction ; to controversies to which the tJnited States shall be a pai'ty-j to controversies between two or more States, between a State and' citizens of another State, between citizens of different States, between citizens of the same State claiming land un'der grants of different States, and between a State, or the citizens there- of; and foreigh States, citizens; or subjects," Here the judicial power of the United States is expressly set forth and defined ; and the act of September 24, 1789, establishing the judicial courts of the- United States, in conferring upon the federal courts jurisdiction over cases origi- nating in State tribunals, is careful to confine them to the classes enumerated in the above- recited clause of the Constitution. This section of the bill undjsubtBdly comprehends cases and aftthorizes the exercise of powers that are not, b* tho, Constitution, within the jurisdifetion of the courts of the United States. To transfer them to those courts would be an exercise of authority well calculated to excite distrust and alarm on the part of all the States ; for the bill applies alike to' all of them — ^as well to those that have as to those that have not beenengaged iHTebellion. It may be assumed that this authority is in- cident to the power granted to Congress by th& Constitution, as recently amended, to enforco, by appropriate legislation, the article declaring that " neither slavery nor involuntary servituda^ except as a punishment for crime whereof tho party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." It cannot, however, be justly claimed that, with a view to the enfoi^ce- ment of this article of the Constitution, there is at present any necessity for the exercise of all the powers which this bill confers. Slavery has been abolished, and at' present nowhere exista within the jurisdiction of the United States ; nor' has there bees, nor is it likely there will be, any atteiapt to r'evive', it by Hie people or the States.^ If, however, any such attempt shall be made, it will then become the duty of the General Gov- ernment to exercise any and all incidental powers necessary and proper to maintain invio- late this great constitutional law of freedom. The fourth section of the Wll provides that officers and agents of the Freedmen's Bureau shall be empowered to make arrests, and also that other officers may be specially commissioned for that purpose by the President of the United States, it' also authorizes circuit courts of the United States and the superior courts of the Territories to appoint, 'vvithoiit liinitation, com- missioners, who are to be charged with the per- formance of qp,asi judicial duties. The fifth' section empowers the commissioners so to bt selected by the courts to appoint in writing, under their hands, one or more suitable persona from time to tinje to execute warrants and other processes described by the bill. These numerous official agents are made to constitute a sort of police, in addition to the military, and are au- thorized to summon a posse comitatus, and even '■ to call to their aid such portion of the land and naval forces of the United States, or of the mili- tia, " as may be necessary to the performance of the duty with which, they are charged." .This extraordinary power is to be conferred upon agents irrespoilsible to the Government and to the people, to whose number the discretion of the commissioners is the only limit, and in whose hands such authority might be made a terrible engine of wrong, oppression, and' fraud. The- geireral ' statutes regulating the land and naval forces of the United States, the militia, and the execution of the laws, are believed to be ade- ■ quate for every emergency which can occur in time of peace. If it should -prove otherwise Congress can at any time amend those laws in - such a manner as, while subserving the public welfare, not to jeopard the rights, interests, and , liberties of the people. The seventh section provides that a fee of ten. dollars shall be paid to each commissioner in every case brought before him, and a fee of five dollars to his deputy, or deputies, " for each per- son he or they may arxest and take before any ' such commissioner," "with such other fees aa maybe deemed reasonable by such commission," ' " in general for performing such other dutie-? aa may Be required in the premises." All these fees are to be "paid out of the Treasury of the/ United States," 'whether there^ is a qonvictibii,or not ; but in case of con'victibn they are to be IB POLITICAl MANUAL, recoverable from the defendant. It seems to me that nnder the influence of snoh temptations bad men might convert any la^v, however bene- ficent, into an instrument of persecution and fraud. By the eighth section of the bill the United States courts, which sit only in one place for white citizens, must migrate, with the marshal and district attorney, (and neoessarily with the clerk, although he is not mentioned,) to any part of the district upon the order of the Presi- dent, and there hold a court " for the purpose of the more speedy arrest and trial of persons charged with a violation of this act ;" and there the judge and officers of the court must remain, upon the order of the President, " for the time therein designated." The ninth section authorizes the President, or such person as he may empower for that pur- pose, " to employ such part of the land or naval forces of the United States or of the militia as shall be necessary to prevent the violation and enforce! to due execution of this act." This language seems to imply a permanent military force, that is to be always at hand, and whose only business is to be the enforcement of this measure over the vast region where it is intended to operate. - I do not propose to consider the policy of this ibill. To me the details of the bill seem fraught /with evil. The white race and the black race of the South have hitherto lived together nnder the relation of master and slave — capital own- ing labor. Now, suddenly, that relation is changed, and, as to ownership, capital and labor are divorced. They stand now each mas- ter of itself In this new relation, one being necessary to the other, there will be a new ad- justment, which both are deeply interested in making harmonious. Each has equal power in settling the terms, and, if left to the laws that regulate capital and laborf it is confidently be- lieved that they will satisfactorily work out the problem. Capital, it is true, has more intelli- gence, but labor is never so ignorant as not to understand its own interests, not to know its own value, and not to see that capital must pay that value. This bill frustrates this adjustment. It inter- venes between capital and labor, and attempts to settle questions of political economy through the agency of numerous officials, whose interest it will be to foment discord between the two races ; for as the breach widens their employment will continue, and when it is closed their occu- pation will terminate. In all our history, in all our experience as a people, living under federal and State law, no such system as that contemplated by the details of this bill has ever before been proposed or adopted. They establish for the security of the colored race safeguards which go infinitely be- yond any that the General Government has ever provided for the white race. In fact, the dis- tinction of race and color is, by the bill, made to operate in favor of the colored and against the white race. They interfere with the municipal legislation of the States, with the relations existing exclusively between a State and its citizens, or between inhabitants of the same State — an absorption and assiunption of powej by' the General Government which, if acquiesce^ in, must sap and destroy our federative system of limited powers, and break down the bariieft which preserve the rights of the States! It.is another step, or rather stride, towards centra^ ization, ana the concentration of all legislativ^ Sowers in the national Government. The teit ency of the bill must be to resuscitate the spirit of rebellion, and to arrest the progress of those influences which are more closefy draw^ ing around the States the bonds of union and peace. — -.^y ^ My lamented predecessor, in his proclamatitJij of the 1st of January, 1863, ordered and de-. clared that all persons held as slaves withi£ certain States and parts of States therein desig- nated were, and thenceforward should be free, and,further, that the executive government of the United States, including the military and naval authorities thereof, would recognize and maintain the freedom of such persons. This guarantee has been rendered especially obliga- tory and sacred by the amendment of the Con- stitution abolishing slavery throughout th^ United States. I, therefore, fully recognize the obligation to protect and defend that class of our people, whenever and wherever it shall become necessary, and to the full extent com- patible with the Constitution of the United States. * Enterta(ining these sentiments, it only re- mains for me to say, that I will cheerfully co-op- erate with Congress in any measure that may be necessary for the protection of the civil rights' of the freedmen, as well as those of all othe:^ classesof persons throughout the United States,' by judicial process, under equal and impartial laws, in cruformity with the provisions of the Federal Constitution. I now return the bjll to the Senate, and re-' gret that, in considering the bills and joint, resolutions — forty-two in number — which have been thus far submitted for my approval, I am; compelled to withhold my assent irom a second: measure that has received the sanction of both' Houses of Congress. AUDEEW JoHITSOir. Washikgton, D. C, March 27, 1866. Copy of the Bill Vetoed. An Act to protect all persons in the United, States in their civil rights, and furnish the; means of their vindication. Be it enacted, <£c.. That all persons born in' the United States and not subject to any foreign; power, excluding Indians, not taxed, are hereby, declared to be citizens of the United States ;' and such citizens of every race and color, witb-l out regard to any previous condition of slavery', or involuntary servitude, except as a punish-^ ment for crime whereof the party shall have been, duly convicted, shall have the same right in.; every State and Territory in the United States to make and enforce contracts ; to sue, be partieg^ and give evidence ; to inherit, 'purchase, lease, sell, hold, and convey real and personal property^' and to full and equal benefit of all laws and proceedings for the security of person and prop-, erty as is enjcyed by white citizens, and shtSi VETOES AND VOTES. 79 be.snbjoct to like pUn'ishment, pains, and penal- ties, and to none other, any law, statute ordi- nance, regulation, or custom, to the contrary notwithstanding. Seo. 2. That any person who, under color of ftny law, statute, ordinance, regulation, or Custom, shall subject, or cause to Be subjected, any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different punishment, pains, or penalties on account of such person having at ,any time been held in a condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a mis- demeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or itoprisonment not exceeding one year, or both, iii the discretion of the court. . Seo. 3. That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and crimi- nal, affecting persons who are denied or cannot enforce in the courts or judicial tribunals of the State or locality where they may be any of the rights secured to them by the first section of this aet ; and if any suit or prosecution, civil or crim- inal, has been or shall be commenced in any State court against any such person, for any cause whatsoever, or against any ofSoer, civil or iftilitary, or other person, for any arrest or im- prisonment, trespasses, or wrongs done or com- mitted by virtue or under color of authority derived from this act or the act establishing a bureau for the relief of freedmen and refugees, and all acts amendatory thereof, or for refusing to do any act upon the ground that it would be inoonsistent with tbis act, such defendant shall have the right to remove such cause for trial to the proper district or circuit court in the manner pMscribed by the "Act relating to habeas corpus and regulating judicial proceedings in certain cases," approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof. The jiirisdiction in civil and criminal matters hereby conferred on the district and circuit courts of tbe United States shall be exercised and en- forced in conformity with the laws of the United States, so far as such laws are suitable to aarry the same into effect ; but in all cases where such laws are not adapted to the object, or are defi- cient in the provisions necessary to furnish suit- able remedies and punish offences against law, the common law, as modified and changed by the constitution and statutes of the State vmerein the court having jurisdiction of the cause, civil or criminal, is neld, so far as the same is not inconsistent with the Constitution and laws of United States, shall be extended to and govern said courts in the trial and disposition of such cause, and, if of a criminal nature, in the inflic- tion of punishment on the party found guilty. Sec. -£ That the district attorneys, marshals, and deputy marshals of the United States, the commissioners appointed by the circuit court an3 territorial courts of the United States, with pow- ers of arresting, imprisoning, or bailing offenders against the laws of the United States, the officers and agents of the Freedmen's Bureau, and every other officer who may be specially empowered by the President of ttie United States, shall be, and they are hereby, specially authorized and required, at the expense of the United States, to institute proceedings against all and every per- son who shall violate the provisions of this act, and cause him or them to be arrested and im- prisoned, or bailed, ss the case may be, for trial before such court of the United States or terri- torial court as by this act has cognizance of th« offence. And with a view to affording reason- able protection to all persons in their constitu- tional rights of equality before the law, without distinction of race or color, or previous condi- tion of slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, and to theprompt discharge of the duties of this act, it shall be the duty of the circuit courts oi*' tlie United States and the superior courts of the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and exami- nation of persons charged with a violation cf this act. And such commissioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same duties with regard to of- fences created by this act, as they are authorized by law to exercise with regard to other offences against the laws of the United States. Seo. 5. That it shall be the duty of all mar- shals and deputy marshals to obey and execut* all warrants and precepts issued under the pro- visions of this act, when to them directed ; and should any marshal or deputy marshal refuse to receive such warrant or other process when ten- dered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of the person upon whom the accused is alleged to have committed the offence. And the better to enable the said commissioners to exe- cute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing, under their hands, any one or more suitable per- sons, from time to time, to execute all such war- rants and other process that may be issued bj them in the lawful performance of their respect- ive duties ; and the persons so appointed to exe- cute any warrant or process as aforesaid shall have authority to summon and call to their aid the bystanders or the posse comitatus of the proper county, or such portion of the land and naval forces of the United States, or of the mili- tia, as may be necessary to the performance of the duty with which they are charged, and to insure a faithful observance of the clause of the Constitution which prohibits slavery, in con- formity with the provisions of this act ; and said warrants shall run and be executed by said officers anywhere in the State or Terrritory within which they are issued. Seo. 6. That any person who shall knowingly 80 POLITICAL MANUAL. and wilfttlly obstirnct, hinder or prevent any officer, or other person charged with the execu- tion of any warrant or prooesa isened under the provisions of this act, or any person or persona lawfully assisting him Or them, from arresting any person for whose apprehension such warrant or process may have been issued, or shall rescue or attempt to rescue anch person from the custody' of the officer, other person or persons, or those lafwfuUy asaiating as aforesaid, when so arrested pursuant to the authority herein given and de- clared, or shall aid, abet, or assist any person so arrested as aforesaid, directly or indirectly, n. escape from the custody of the officer or other person legally authorized as aforesaid, or shall harbor or conceal any person for whose arrest a warrant or process shall have been issued as aforesaid, so as to prevent his discovery and arrest after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the district court of the United Stales for the district in which said offeBee may have been committed, or beiore the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States. t)£C 7. That the district attorneys, the mar- sliiils, their deputies, and the clerks of the said district and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and in all cases where the proceedings are before a Commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, inclu- si'.-e of all services incident to anch arrest and examination. Tlie person or persons authorized to execute the process to be Issued by such com- missioners for the arrest of offenders against the {irovisions of this act shall be entitled to a fee of five dollars for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may he deemed reasonable by such commissioner for such other additional services as may be necessarily per- formed by him or them, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging dar- ing his detenliion, and until the final determina- tion of such commissioner, and in general for performing snob other duties as may bo required in the firemises ; such fees to be made up in con- formity with the fees usually charged by the officers of the courts of justice v/iihin the proper district or county, as near as may be practica- ble and paid out of the treasury of the United States on the certificate of the judge of the>dis- trict within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction Seo 8. That whenever the President of the United States shall have reason to believe that offences have been, or are likely to be commit- ted against the provisions of this act within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and dis- trict attorney of such district to attend at such Elace within the disttict, and foi- such time as e may designate, for the purpose'of the more apeedy arreat and trial of persons charged 'wifh a violation of this act ; and it shall be the daty of every judge or other officer, when any aush requisition shall be received by him, to attejjd at the place and for the time therein designgited. Sec. 9. That it shall be lawful for the Presi- dent of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation and enforce the due exe- cution of this act. Seo. 10. That upon all questions of law arising in any cause under the provisions of this act, a final appeal may be taken to the Supreme Cot&t of the United States. The votes on this bill were : 1866, February 2 — The Sekaie passed the bill — ^yeas 33, nays 12, as follow : Tbas — Slessrs. Anthony, Brown, Chandler, Clark, Conneas, Cragin, Dixon, Fesseuden, Foot, Poster, Harris, HemleTson, Howard, Howe. Kirkwood, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey. Sherman, Spragne, Stewart, Snmner, Inimball, Wade, Willey, WS- liams, Wilson, Yates — 33. . , Nats — Messrs. BucJcaUuf, Cowan, Davis, Guthrie, ffctl^ ricks, McDougall, Nesmith, Norton, BitMh, Saulsbury, Sodh- tan. Van Winkle— 12. March 9 — The bill being before the House, Mr. Eldeidgb moved that it lie on the table ; which was disagreed to — ^yeas 32, nays 118, as follow : Yeas — Messrs. Ancona, Boyer, Brooks, Ckanler, GnffrotH, Dawson, Denistm, Eldridge, Glossbrmner, Goodyear, Grider, Aaron Harding, Harris, Hogan, Edwin N. HubbeU, Ke^, Ze Blond, Marshall, I^ibUu^, Hicholsott, Radford, RittO', Rogers, Ross, Rousseau, Shanklint Sitgreaves, Tahvr, Ta;gUff, Thornton, Trimble, WtnJleld.—SZ. Nays — Messrs. Alley, Allison, Ames, Anderson, T). R. Ash- ley, James M. Ashley, Raker ,> Baldwin, Banks, Baxter^ Bw- man, Bidwell, Bingham, Blaine, Blow, Boutwell, Bromwefl, Broomall, Buckland, Bundy, tjidney Clarke, Cobb, ConkUng, Cook, Cullom,Darling, Davis, Defrees, Deluuo, Deming, Dixoii, Donnelly, Driggs, Dnmont, Eliot, Farnswortb, Parquhar, Fer- ry, Grinnell, Abner C. Hardiue:, Hart, Hayes. Henderson, Uigby, Hill, Holmes, Hooptr, AsahelW. Hubbard. Cheater D. Hnbbard, DemasHubbard, jr., John H. Hubbard, Hnlburtl, JameaHumphrey,IngerBoll,Jeuck08, Julian, Ketley, E^lsp, Ketcham, Enykendall, Latham, Qeorge V. Lawrence, VVIlIiain Lawrence, Loan, Longjear, Lynch, Marscun. Uurviu, McClurg, McKee, McRuer, Mercur, Miller, Moorbe-.id, Mori ill, Monis, Muulton, Myers^ O'Neill, Orth, Paine, Porham, Phelps, Pike, Plants, Price, Raymond, Alexander 11. PJce, John H.Ricc, Sawyer, Schenck, Scofleld, Shellabarger, Sloan. Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, jr., Trowbridge, Upson, Van Aernam,Bnrt V.an Horn, Robert T. Van Horn, Ward, Warner, EUihu B. Washburne, HeWyD. Washburn, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilton, Win- dom, Woodbridge. — 118. March 13 — The bill passed — ^yeas 111, nays 38, as follow : Yeas — Messrs. Alley, Allison, Ames, Anderson, James Iff. Ashley, Baker, Baldwin, Banks, Dnxter. Beaman, Bidwell, Blaine, Blow, Boutwell, Bromwell, Broomall, Buckland, Bundy, Sidney Clarke, Cobb, Conklinsr, Cook, CuUom, Dar- ling. Uavis, Dawes, Delano, Deming, Dixon, Donnelly, Drl^, Dumont, Bllot, Farnswortb, Farquhar, Ferry, Garfield, Grin- nell, Abner C. Harding, Hart, Hayes„nigby, Hill, Holmes, Hooper, Asahel W. Hubbard, Chester D. Hubbard, Demns Hubbard, John H. Hubbard, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kelloy, Kelso, Eetcbam, Kny kendall, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Mai-ston, Marvin, McOlurg, Mc Kuer, Mercur, Miller, Moorhead, Morrill, Morris, Mbnltdh, Myers, Newell, O'Neill, Orth, Paine. Porham, Pike, Ptants, Price, Alexander H. Rice, Sawyer, Schenck, hcoflold, Shel- labarger, Sloan, Spalding, Starr, Stevens, Thayer, Erattds Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Biiit Tan Horn, Ward, Warner, EUihu B. Washburne, W(l- lium B Washburn, Welkor, Wentworth, Whaley, Willionu, James F. Wilson, Stephen F. Wilson, Windom, Woes' bridge— 111. Nays— Messrs. .^nci>na,£nyen, Bingham, £oyer, Brooks, VETOES AND VOTES. 81 Ooffirnth, T>av}im, Dtnism^Glessiramer, Goodyear, €h-idtr, imrm Harding, Harris, Bogan, Edwin N. Hubbell. Jones, ':Kisn; Latham, Lt Bhna, Marihatl, McOullmgli, Nidwlsim, Sholpa, Radford. Sarmd J. Bandall, William H. Randall, ■ IHUcr, Rogers, Ross, Rousseau, Shatiklin, Sitgrtaves, Smith, HMcr, Taylor, Thomion, Trimble, Winfidd^-^. March 15 — The Senate concurred in the House cuneniiments. March 27— The hill was vetoed. April 6 — The Senate passed the bill, notwith- etanding the objections of ,the President, by a vote of 33 yeas to 15 nays, as follow : "Yeas— Messrs. Anthony, Brown, Chandler, Clark, Con- ness, Cragln, Creswell, Edmunds, Fessenden, Foster, Grimes, Harris, Henderson, Howard, Howe, Kirkwood, Lane of In- diana, Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Siunnor, Trumbull, Wade, Wil'ey, Williams, Wilson, Yates— 88. Nats — Messrs. Bvekaleui, Cowan, Davis, Doolittle, Gvthr Tie, Hendricks, Johnson, Lane of Kansas, McDougatl, 'JVes- mith, Norton, RiddU^ SaMibury, Van Winkle, WrigM,~\&\ April 9 — The House op Rbpeesentatives again passed it — ^yeas 122, nays 41, as follow : , Yeas — ^Messrs. Alley, Allison, Delos R. Ashley, James M. fAshley, Baker, Baldwin, Banks, Barker, Baxter, Beaman,' Benjamin, Bidweli, Boutwell, Brandegee, Bromwell, Broom- all, Bucklaud, Bnndy, Reader W. Clarke, Sidney Clarke, Cobb, Colfax, Conkling, Cook, Cullom, Barling, Davis, Dawes, .jBefrees, Delano, Doming, Dixon, Dodge, Donnelly, Eckley, ^^^lestou, I'Jliot, F.irnsworth, Farquhar, JFerry, Garfield, Grmnell, Griswold, Hale, Abner C. ilarding. Hart, Hayes, Henderson, Iligby, Hill, Holmes, Hooper, Hotchltiss, Asahel W. Hubbard, Chester D. Hubbard. John U- Hubbat'd, James K. Hubbejl, Hulburd, James Humphr6y,Ing6rsoll,Jenckes, Kaason, Keiley, Kelso, Ketcham, Laflin, Ueorge V. Law- Tence, William Lawrence, Loan, Lbngyear, Lynch, Marston, Moi-vin, McClurg. Aiclndoe, McKee, MoRuer, Merour, Mil- ■ler, Moorhead, Morrill, Morris, MuuUon, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Pom- :eroy. Price, Alexander H. Eiee, John H. Rice, Rollins, Sawyer, Sch^nck, Scofield,- Shellabarger, Spalding, Starr, Steveusj Thayer, Francis Thomas, John L. Thomas,. j r., Trow- bridge, Upson, Van Aemam, Burt Van Horn, Robert T. Van Horn, Ward, Ellihu B. Washburne, Henry D. Wash- bum, William B . Washburn, Welker, Wentworth, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge.- 122. Nayb — Messrs. Aiuiana, Bergen, Boyer, Coffroik, Dawson, 'Venison, EtdridgK, Mnck, Glossbrenner, Aaron Harding, Harris, Hogan, Edwin N. Hvbhdl, James M. Humphrey, ' Btttham, Le Blond, Marshall, JHcOuUough, Niblack, Nichol- 'sm, SoelX, Phelps, Radford, Samuel J. RandaU, Wiiliam H. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Shanldin, Sitgreaves, Smith, Strouse, Taber, Tajfior, Tlwm- /(on, Trtmliie, Whaley, Wivfield, Wright— H. Whereupon the Speaker of the House declared .;the bill a law. Veto of the Colorado Bill, Hay 15, 1866 iTo the Senate of the United States : I return to the Senate, in which house it originated, the bill which has passed both Houses of Congress, entitled " An act for the admission ,of the State of Colorado into the Union," with -my objections to its becoming a law at this- time. Mrat. From the best information which I •have been able to obtain, I do not consider the establishment of a State government at present .necessary for. the welfare of the people of Colo- rado. Under the existing Territorial govern- ;ment all the rights, privileges, and interests of the citizens are protected and secured. The qualified voters Choose their own legislators and .flieir own local officers, and are represented. in -Obngress by a delegate of their own selection. ;They make and execute their own municipal laws, subject only to revision by Congress — an i-anthority not likely to be exercised, unless in ^gXtremeor extraordiiiary oases. The population ijs small, some estimating it so low as twenty- live thousand, while advocates of. the bill reckon 6 the number at from thirty-five thousaud to forty thousand souls. The people are princi- pally recent settlers, many of whom are under- stood to be ready for removal to other mining districts beyond the limits of the Territory, if circumstances shall' render them more inviting. Such a population cannot but find relief from excessive taxation if the territorial system, which devolves the expenses of the executive, legislative, and judicial departments upon the United States, is for ,the present continued. They cannot but find the, security of person and property increased. by their reliance upon tht national executive power for the maintenance of law and order against the disturbances neces- sarily incident to all newly organized commu- nities. Second. It is not satisfactorily established that a majority of the citizens of Colorado de- sire, or are prepared for an exchangft of a terri- torial for a State government. In September, 1864, under theanthority of Congress, an election was lawfully appointed and h^ld, for the purpose of ascertaining the views of- the people upon this particular question. 6,192 votes were cast, and of this number a majority of 3,152 was given against the proposed change. In Sep- tember, 1865, without any legal authority, the question was again presented to the people ;of ,trie Territory, with a view of obtaining a recon- sideration of the result of the election held in compliance with the act of Congress approved March 21, 1864. At this second election 5,905 votes were polled, and a .majority of '155 was given in favor of a State organization. It does not seem to me entirely safe. to receive this, the last mentioned result, so irregularly obtained, as sufficient to outweigh, the one which had been legally obtained in the first election. Regular- ity and conformity to law are essential to .the preservation of order and stable government, and should, as far as practicable, always ,be observed in the formation of new States. Third. The admission of Colorado, at this tim^e, as a State into the federal Union, appears to me to be incompatible with the public inter- ests of the country. While it is desirable that territories, wh«n sufficiently matured, should be organized as States, yet the spirit of the Consti- tution seems to require that there should be an ■approximation towards equality among the sev- eral States comprising the Union. No State can have less or more than two Senators in Congress. The, largest State has a population of four mil- lions ; several of the States have a population exceeding two millions ; and many others have a population exceeding one million. A jJopula- tion of 127,000 is the ratio of apportionment of representatives, among the several States. If this bill should become a law, ,the people of Colorado, thirty thousand in number, would have in the House of Representatives one mem- ber, while New York, with a population of four millions, has but thirty-one ; Colorado would have in the .electoral college three votes, while New Yojrb.has only thirty-three ; Colorado would have in the Senate two votes, while New York has no more. Inequalities of this character have already occurred, but it. is- believed that none have-hapr. 82 POLITICAL MANUAL. pened where the inequality was so great. When finch inequality has been allowed, Congress is supposed to have permitted it on the ground of some high public necessity, and under circum- stances which promised that it would rapidly disappear through the growth and development ' of the newly admitted State. Thus, in regard to the several States in what was formerly called the " northwest territory," lying east of the Mis- sissippi, their rapid advancement in popula- tion rendered it certain that States admitted with only one or two representatives in Congress, would, in a very short period, be entitled to a great increase of representation. So, when Cali- fornia was admitted on the ground of commer- cial and political exigencies, it was well foreseen that that State was destinsd rapidly to become a great, prosperous, and important mining and commercial commanity. In the case of Colo- rado, I am not aware that any nadonal exigency, either of a political or commercial nature, re- quires a departure from the law of equality, which has been so generally adhered to in our history. If information submitted in connection with this bill is reliable, Colorado, instead of increas- ing, has declined in population. At an election for members of a terri torial legislature held in 1861, 10,530 votes were cast. At the election before mentioned, iu 1864, the number of votes cast wa<; 6,192 ; while at the irregular election held iu 1865, which is assumed as a basis for legislative action at this time, the aggregate of votes was 5,905. Sincerely anxious for the welfare and prosperity of every Territory and State, as well as for the prosperity and welfare of the whole Union, I regret this apparent de- sline of population in Colorado ; but it is mani- fest that it is due to emigration which is going on from that Territory into other regions within thp United States, Which e'ither are in fact, or are believed by the inhabitants of Colorado to '.be, richer in mineral wealth and agricultural re- ■Bources. If, however, Colorado has not really declined in population, another census, or another election under the authority of Con- gress, would place the question beyond doubt, ■and cause but little delay in the ultimate ad- mission of the Territory as a State, if desired by the people. The tenor of these objections furnishes the reply which may be expected to an argument in favor of the measure derived from the ena- bling act Trhich was passed by Congress on the 21st day oi' March, 1864. Although Congress then supposed that the condition of the Terri- tory was such as to warrant its admission as a State, the result of two years' experience shows that every reason which existed for the institu- tion of a territorial instead of a State gov- ernment in 'Colorado, at its first organization, Btill continues in force. The condition of the Union at the present mo- ment is calculated to inspire caution in regard to the admission of new States. Eleven of the old .States have been for some time, and still remain, onrepresented in Congress. It is a common in- terest of all the States, as well those repre- .sented as those unrepresented, that the integrity and harmony of the rUnion should be restored as completely as possible, so that all those who are expected to bear the burdens of the Federkl Government shall be consulted concerning the admission of new States; and thkt in the mean time no new State shall be premati^rely and un- necessarily admitted -to a participation in thp political power which the Federal Government wields, not for the benefit of any individual State or section, but for the common safety.; welfare, and happiness of the whole country. . i Andeew Johksoh. ■Washingtoit, D. C, May 15, 1866. Copy of the Bill. An Act for the admission of the State of Colo- rado into the Union. Whereas, on the twenty-first day of March,J anno Domini eighteen hundred and sixty-four, Congress passed an act to enable the people of Colorado to form a constitution and State gov- ernment, and offered to admit said State, when so formed, into the Union upon compliance with; certain conditions therein specified ; and whereas it appears by a message of the President of the United States, dated January twelve, eighteen hundred and sixty-six, that the said people have adopted a constitution, which upon due exami-' nation is found to conform to the provisions and comply with the conditions of said act, and to be republican in its form of government, and', that they now ask for admission into the Union:' BeHtnacttd, <6c., That the constitution and State government which the people of Colorado have formed for themselves be, and the same is hereby, ratified, accepted, and confirmed, and that the said State of Colorado shall be, and is herehyj declared to be one of the United States of Amer- ica, and is hereby admitted into the Union upon, an equal footing with the original States, in all_ respects whatsoever. Sec. 2. And be it further enacted, That the, said State of Colorado shall be, and is hereby .^ declared to be entitled to all the rights, privi- leges, grants, and immunities, and to be subject to all the conditions and restrictions, of an act' entitled "An act to enable the people of Colp-^ rado to form a constitution and a State govern- ment, and for the admission of such State into the Union on an equal footing with the original States," approved March twenty-first, eighteen, hundred and sixty -four. The votes on this bill were ; In Senate. March 13 — The bill was rejected — ^yeas 14, nays 21, as follow : Yeas — Messrs. Chandler, Gragin, Kirkwood, Lane of In-, diana, Lano of Kansas, McDougaU, Nesmitb, Norton, Pom-' eroy, Ramsey, Sherman, Stewart, Trumbull, William?— 14.' Nats— Messrs. Buckahw, Conness, Creswoll, Davisi Doo- little, Fessenden, Foster, Grimes, Guthrie, Harris, Hendricks, Morgan, Morrill, Poland, RidcUe, Sprague, StooMon, Sum- ner, 'Van Winkle, Wado, Wilson— 21. Mr. Wilson entered a motion to reconsider the vote. April 25 — The Senate voted to reconsider;' yeas 19, nays 13. (Same as below.) The bill was then passed — yeas 19, nays 13^ as follow : Teas— Messrs. Chandler, Clark, Conness, Cragin, Cres- woll, Howard, Howe, Kirkwood, Lane of Indiana, Nye, Pomeroy, Ramsey, Sherman, Spragne, Stewart, Trumbnll. Van •Winkle, VTllley, Wilson— 19. " ' - ' VOTES AND VETOES. 83 ' Rats— Messrs. Suekdlem, Damt, Soolittio, Edmunds, ^ovter, Qrimes, Outhrie, Herulricka^ McDougall^ Morgan, Poland, JUddle, Sumner— 13. In House. . May 3 — The bill was passed — ^yeas 81, nays 4^, as follow ; ' ' ' ^&s — ^Mesers. Ames, Anderson, Delos R. Ashley, James U^shley, Baker, Banks, Barker, Beeman, Benjamin, Bid- well, Bingham, Blow, Brandegee, Bromwell, Bnckland, Bnndy, Reader W. Clarke, Sidney Clarke, Cobb, Conkliog, CuUqm, Defrocs, Beming, Dixon, Dodge, Donnelly, Dripge, Dumont, Eckloy, Farquhar, Ferry, Garflelit, Grinnell, Abner Ct Harding, Ilart, Henderson, Holmes, Hotohkiss, Asiihel W. Hubbard, Chester D. Hubbard, James K. Hubbdl, In- gersoU, Jenckes, Kasson_, Kelso, Kotcham, Laflin, Latjiam, eprge V. Lawrence, "William Lawrence, Loan, Longyear, Marston, McClurg, McKee, Mercm-, Miller, Moorhead, Moulton, Myers, O'Neill, Orth, Patterson, Plants, Alexander H Eioe,, EoUins, Sawyer, Schenok, Shellabarger, Smith, Spalding, Francis Thomas, Trowbridge, TJpson, Van Aernam, Burt Van Horn, Bobert T. Van Horn, Warner, Welker, Whaley, Williams— 81. Nats — Messrs. Allison, Alley, Ancona, Baxter, Bergen, Blaine, Bontwell, Soyer, Broomall, Chanler, Coffroth, Dar- Iffig, Dawson, Denisan, Eldridge, Eliot, jFVracJ:, Glossiremer, ender, Griswold, Aaron Harding, Ha-i-ris, Higby, Jumes Humphrey, Julian, Kelley, Kuykondall, Li Blond, Lynch, MarshaU, MoOiMough., McEner, Morrill, Morris, NoweU, JSiblack, Paine, Perham, Pike, Raymond, John H. Eice, £ii^. Moss, BouBseau, ShanMin, Stevens, Stilwell, Strause, Taylor, Thornton, EUihu B. Washbume, Henry D. Wash- liurn, James F. Wilson, Windom, Winfidd, Woodbridge. WrigU-b7. " Up to the time this page is put to press, no vote has been taken on the re-passage of the vetoed bill. When taken, it will oe inserted in a subsequent page. message Bespecting the Proposed Constitutional Amendment on Bepresentation, &c., June 22, '1B66. fib the Senate and Souse of Representatives : I submit to Congress a report of the Secretary of State, to whom was referred the concurrent fefeolution of the 18th iustanj;,* respecting a submission to the legislatures of the States of lan additional article to the Constitution of the United States. ^ It will be seen from this report that the Sec- retary of State had, on the 16th instant, trans- mitted to the Grovernors of the several States certified copies of the joint resolution passed on the 13th instant, proposing an amendment to the Constitution. i ^ Even in ordinary times any question of jfinending the Constitution must be justly re- garded as of paramount importance. This im- jportanoe is at the present time enhanced by the aact that the joint resolution was not submitted iby the two Houses for the approval of the Presi- dent, and that of the thirty-six States which constitute the Union eleven are excluded from irepresentatiou in either House of Congress, although, with the single exception of Texas, they have been entirely restored to all their functions as States, in conformity with the or- ganic law of the land, and have appeared at the national capital by Senators and Eepresenta- tives, who have applied for and have been re- fused admission to the vacant seats. ' *This resolution parsed tt|b House under a suspension of the rules, which was agreeia to, yeas 92, nays 25, (the latter ^1' Democrats,) by a vote of yeas 87, nays 20, on a count by filers. It passed the Senate same day without a division ; attd is a copy of a concurrent resolution passed in 1864, requesting President Lincoln to submit the anti-slavery amendment, changed -only as to the phraseology descrip- tive of the amendment. Nor have the sovereign people of the nation been afforded an opportunity of expressing their views upon the important questions which the amendment involves. Grave doubts therefore may naturally and justly arise as to whether the action of Congress is in harmony with the sentiments of th'e people, and whether State legislatures, elected without reference to such an issue, should be called upon by Congress to decide respecting the ratification of the proposed amendment. Waiving the question as to the constitutional validity of the proceedings of Congress upon the joint resolution proposing the amendment, or as to the merits of the article which it sub- mits through the executive department to the legislatures of the States, I deem it proper to observe that the steps taken by the Secretary of State, as detailed in the accompanying report, are to be considered as purely ministerial, and in no sense whatever committing the Executive to an approval or a recomaendation of the amendment to the State legislatures or to the people. On the contrary, a proper appreciation of the letter and spirit of the Constitution, as well as of the interests of national order, harmony, and union, and a due deference for an enlight- ened public judgment, may at this time well sug- gest a doubt wnether any amendment to ' the Constitution ought to be proposed by Congress and pressed upon the legislatures of the several States for final decision until after the admis- sion of such loyal Senators and Representatives of the now unrepresented States as have been, or may hereafter be, chosen in conformity with the Constitution and laws of the United States. Andeew JonusoN. Washington, D. C, June 22, 1866. To the President. The Secretary of State, to whom was referred the concurrent resolution of the two Houses of Congress of the 18th instant, in the foUowinB words : " That the President of the United States be requested to transmit forthwith to the execu- tives of the several States of the United States copies of the article of amendment proposed by Congress to the State legislatures to amend the Constitution of the United States, passed Jane 13, 1866, respecting citizenship, the basis of rep- resentation, disqualifioation for oiSce, and valid- ity of the public debt of the United States, Ac, to the end that the said States may proceed to act upon the said article of amendment, and that he request the executive of each State that may ratify said amendment »o transmit to the Secre- tary of State a certified copy of such ratification," has the honor to submit the following report, namely: That on the 16th instant the Hon. Amasa Cobb, of the Committee of the House of EepresBntatives on Enrolled Bills, brought to this Department and deposited therein an en- rolled resolution of the two Houses of Congress, which was thereupon received by, the Secretary of State and deposited among the rolls of the •Department, a copy of which is heiaimto an- 84 POLITICAL MANTTAL. nexed. Thereupon the Secretary of Stat«, upon the 16th instatt, m conformity with the pro- ceeding which was adopted by him in 1865, in regard to the theli proposed and afterwards adopted congressional amendment of the Consti- tution of the United States concerning the pro- hibition of slavery, transmitted certified copies of the annexed resolution to the Governors of the several States, together with a certificate and circular letter. A copy of both of these com- munications are hereunto annexed. Respectfully submitted, William H. Sewaed. JJepabimehi op State, June 20, 1866. Dbpaetment of State, June 16, 'i 866. To his Excellency , Governor of the State of SlE : I have the honor to transmit &a attestf copy of a resolution of Congress, proposing! the legislatures of the several States a fourtefent article to the Constitution of the United Statje The decisions of the several legislatures upon tl subject are required by law to be communicate to this Department. An acknowledgment of & receipt of this communication is requested by Your excellency's most obedient servant, William H. Seward. VII. MAJORITY AND MINORITY REPORTS OP THE JOINT COMMITTEE ON EECONSTEUOTION. The Majority Bepott. JnnelS, 1866— Mr. Fessenden in the Senate, and Mr. Stevens in the House, submitted this EEPOET : The Joint Committee of the two Somes of Con- gress, appointed under the concurrent resolution of December 13, 1865, with direction to " in- Jiuire into the condition of the States which ormed the so-called Confederate States of America, and report whether they or any of them are entitled to be reptresented in 'Hther Souse of Congress, with leave to report Try bill or otherwise," ask leave to report.- That they have attended to the duty assigned them as assiduously as other duties would per- mit, and now submit to Congress, as the result of their deliberations, a resolution proposing amendments to the Constitution, and two bills, of which they recommend the adoption. Before proceeding to set forth in detail their reasons for the conclusion to which, after great deliberation, your committee have arrived, they beg leave to advert, briefly, to the' ccnrse of proceedings they found it necessary to adopt, and to explain the reasons therefor. The resolution under which your committee was appointed directed them to inquire into the rxmdition of the Confederate States, and report whether they were entitled to representation in Congress. It is obvious that such an investiga- tion, covering so large an extent of territory and involving so many important considerations, must necessarily require no trifling labor, and consume » very considerable amount of time. It must embrace the condition in which those States were left at the close of the war ; tli measures which have been taken towards th reorganization of civil government, and the dis position of the people towards the United Statffl m a word, their fitness to take an active partii the administration of national affairs. ^ As to their condition at the close of the rebel lion, the evidence is open to all, and admits o no dispute. They were in a state of utter ex haustion. Having protracted their struggl against federal authority until all hope of siic cessful resistance had cesiseif, and laidjaown thei arms only because there was no longer an; power to use them, the people of those State were left bankrupt in their public finances, an shorn of the private wealth which had befor given them power and influence. They w^r also necessarily in a state of complete anard^ without governments and without the power ,t frame governments except by the permission,c those who had been successful in the war. Th President of the United States, in the proclama tions under which he appointed provisional gd^i ernors, and in his various communications t them, has, in exact terms, recognized the fac that the people of those States were, when th rebellion was crushed, " deprived of all civi government," and must proceed to organiz anew. In his conversation with Mr. Stearns,!c Massachusetts, certified by himself. Preside Johnson said "the State institutions ate pr&s trated, laid out on the ground, and they mustb taken up and adapted to the progress of events. Finding the Southern States in this c6nditi6i and Congress having failed to provide for th contingency, his duty was obvious. As Free dent of the United Stateis he had no powerjW EEPOBTS ON BECONSTBUCTION. 85 oept to oxeeute the laws of the land as Chief Magistrate. These laws gave him no authority over the subject of reorganization; but by the Constitution he was commander-in-chief of the {irmy and navy of the United States. These Cpniedewite States embraced a porjiion of the people of the Union who had been in a state of ieyolt, but had been reduced to obedience by force of arms. They were in an abnormal con- dition, withoiit civil government, without com- niercial co.nseotions, without national or inter- national relations, and subject only to martial law. ■ By withdrawing their representatives in Congress, by renouncing the privilege of repre- sentation, by organising a separate government, and by levying war against the United States, they apstroyed their State constitutions in res- pect to the vital principle which connected their respective States with the Union £|.nd secured their federal relations; and nothing of those constitutions was left of which the United States were bound to take notice. For four years they had a de facto government, but it was usurped and illegal. They chose the tribunal of arms wherein to decide whether or not it should be legalised, and they were defeated. At the close of the rebellion, therefore, the people of the re- bellious States were found, as the President ex- presses it, " deprived of all civil government." Under this stats of affairs it was plainly the duty of the President to enforce existing national laws, and to establish, as far as he could, such a system of government as might be provided for by existing national statutes. As commander- in-chief of a victorious army, it was his d^ity, under the law of nations and the army regula- tions, to restore order, to, preserve property, and to protect the people against violence from any quarter until provision should he made by lay? for their government. He might, as President, assemble Congress and submit the whole matter to the law -making power ; or he might continue military supervision and control until Congress should assemble on its regular appointed day. Sele.ctiilg tlie latter alterng,tive, he proceeded, by virtue of his power as commandeir-in-chief, to appoint provisional governors over the revolted States. These were regularly commissioned, and their compensation wa;^ paid, as the Secretary of War states, " from the appropriation for army cpntmgencies, because the duties performed by the parties were regard,ed as of a temporiary charaHcter ; ancillary to the withdra,wal of mili- tary force, the disbandment of armies, and th^ reduction of military expenditure ; by provis- ional organizations for the protection of civil rights, the preservation of peace, and to take the place of armed force in the respective Statep." It cannot, we think, be contended that fhese governors possessed, or could exercise, any but military authority. ' They had no power to or- ganize civil governments, nor to exercise any authority except that which injiered in their own persons under their commissions. Neither 'had the President, as commander-in-chief, any other than military power. But he was in ex- clusive possession oi the military authority. It was for him to decide how far he would exercis? it, how far he would relax it, when and on what terms he would withdraw it. He might prop- erly permit the people to assemble, and to initi- ate local governments, and to execute such local laws as they might choose to frame not incon- sistent with, nor in opposition to, the laws of the United States. And, if satisfied that they might safely be loft to themselves, he might withdraw tne military forces altogether, ^^d leave the people of any or all of these States to govern themselves withont his interference. In the language of the Secretary of State, in his telegram to the provisional governor of Georgia, dated October 28, 1865, he might " recognize the people of any State as having resumed the rela- tions of loyalty to the Union," and act in. his military capacity on this hypothesis. All this was within his own discretion, as military com- •mander. But it was not for. him to decide upon the nature or effect of any system of government which the people of these States might see fit to adopt. This power is lodged by the Constitution in the Congress of the United States, that branch of the government in which is vested the au- thority to fix the political relaftons of the States to the Union, whose duty is to guarantee to each State a republican form of government, and to protect each and all of them against foreign ,Qr domestic violence, and against each other. We cannot, therefore, regard the various acts of the President in relation to the formation of local governments in the insurrectionary States, and the conditions imposed by him upon their action, in any other light than as intimations to the people that, as commander-in-chief of the army, he would consent to withdraw military rule just in propp-rtioii as they should, by their, acts, manifest a disposition to preserve order 'among themselves, establish governments denoting loy- alty io the Union, and exhibita settled determina- tion to return to tfieir allegiance, leaving with the law-making power to fix the terms of their final restoration to all their rights and privileges as States of the Union. That this was the view of his power taken; by the President is evident from expressions to that effect in the communications of tiie Secretary of State to the various provis- ional governors, and the repeated declarations of the President himself, Any other supposition inconsistent TAfith this would impute to the Presi- dent designs of encroachment uppn a co-ordinate branch of the government, which should not be lightly attributed to the Chief Magistrate of the nation. When Congress assembled in December last the people of most of the States lately, in rebel- lion had, under the advice of the President, or- ganized, local; gov,ernments, and some of them ha,d acceded tp the terms proposed by him. In his annual message he stated, in general terms, Tyhat had been done, but he did not see fit to communicate the deteils for the information of Congress. While in this and in a subsequent message the President urged the speedy restora- tion, of these Stages, and expressed the opinion that their condition was such as to justify their restoration, yet it is .quite obvious that Con- gress must either have apted bljndly on thajL opinion of t^ie President, or proceeded to obtain the information requisite for intelligent action on the subject. The impropriety of proceeding wholly on the judgment of any one man, how- 86 POLITICAL MANUAL. ever exalted, hia Btation, in a matter involving the Trelfare of the republic in all future time, or of aaopting any plan, coming from any source, without fully understanding all its bearings and comprehending its full effect, was apparunt. The first step, thdrefore, was to obtain the required information. A call was accordingly made on the President for the information in his posses- sion as to what had been done, in order that Congress might judge for itself as to the grounds of the belief expressed bj- him in the fitness of States recently in rebellion to participate fully in the conduct of national affairs. This informa- tion was not immediately communicated. When the response was finally made, some six weeks after your committee had been in actual session, it was found that the evidence upon which thd* President seemed to have based his suggestions was incomplete and unsatisfactory. Authenti- cated copies of the new constitutions- and ordi- nances adopted by the conventions in three of the States had been submitted, extracts from newspapers furnished scanty information as to the action of one other State, and nothing ap- pears to have been communicated as to the re- mainder. There was no evidence of the loyalty of those who bad participated in these conven- tions, and in one State alone was any proposi- tion made to submit the action of the conven- tions to the final judgment of the people. Failing to obtain the desired information, and left to grope for light wherever it might be found, yoiir committee did not deem it either advisable or safe to adopt, without further examination, the suggestions of the President, more especially as he had not deemed it expedient to remove the military force, to suspend martial law, or to re- store the writ of habeas corpus, but Still thought it necessary to exercise over the people of the rebellious States his military power and juris- diction. This conclusion derived still greater force from the fact, undisputed, that in all these States, except Tennessee and perhaps Arkansas, the elections which were held for State officers and members of Congress haij resulted, almost universally, in the defeat of candidates who had been true to the Union, and in the flection oi notorious and unpardoned rebels, men who could not take the prescribed oath of office, and who made no secret of their hostility to the Govern- ment, and the people of the United States. Un- der these circumstances, anything like hasty ac- tion would have been as dangerous as it was obviously unwise. It appeared to your com- mittee that but one course remained, viz : to in- vestigate carefully and thoroughly the state of feeling and opinion existing among the people of these States ; to ascertain how far their pre- tended loyalty could be relied uppn, and thence to infer whether it would be safe to admit them at once to a fuH participation in the Govern- ment they had fought for four years to destroy. It was an equally important inquiry whether their restoration to their former relations with the United States should only be granted upon certain conditions and guarantees which would effectually secure the nation against a recur- rence of evils so disastrous as those from which it had escaped at so enormous a sacrifice. To obtain the necessary information recourse could only be had to the examination of wit- nesses whose position had given them the best means of forming an accurate judgment, who could state facts from their own observation, and whose character and standing afforded ike bait evidence of their truthfulness and impSartiality. A work like this, covering so large an extent of territory, and embracing such complicated and extensive inquiries, necessarily re.(juired muifh time and labor. To shorten the time as much as possible, the work was divided and placed in the hands of four sub-committees, who have been diligently employed in its accomplishment. The results of their labors have been heretofore submitted, and the country will judge how far they sustain the President's views, and how far they justify the conclusions to which your com- mittee have finally arrived. A claim for the immediate admission of Sena- tors and Eepreseutatives from the so-called Con- federate States has been urged, which seems to your committee not to be founded either in rea- son or in law, and which cannot be passed with- out comment. Stated in a few words, it amounts to this : That inasmuch as the lately insureefat States.had no legal right to separate themselves from the Union, they still retain their positions as States, and consequently the people thereof have a right to immediate representation in Con- gress without the imposition of any conditions whatever ; and further, that until such admis- sion Congress has no right to tax them for the support of the Government. It has even been contended that until such admission all legisla- tion affecting their interests is, if not unconsti- tutional, at least unjustifiable and oppressive. It is believed by your committee that all these propositions are not only wholly untenable, but, if .admitted, would tend to the destruction of the Government. It must not be forgotten thatthe people of these States, without justification or excuse, rose in in- surrection against the United States. They delib- erafiely abolished their State goverernments so I far as the same connected them politioalfy with the Union a% members thereof under the Consti- tution.' They deliberately renounced their alle- giance to the Federal Government, and pro- ceeded to establish an independeiit government for themselves. In the prosecution of this enter- prise they seized the national forts, arsenals, dock-' yards, and other public property within their borders, drove out from among tnem those who remained true to the Union, and heaped every imaginable insult and injury upon the United States and its citizens. Finally fliey opened hos- tilities, and levied war against the Government. They continued this war for four years viith the most determined and malignant spirit, killing in battle and otherwise large numbers of loysj people, destroying the property of loyal citizens on the sea ana on the land, and entailing on the Government an enormous debt, incurred to sus- tain its rightful authority. Whether legally and constitutionally or not, they did, in fact, with- draw from the Union and made themselves sub- jects of another government of their own creation. Andtheyonlyyieldedwhen, after a long, bloody, and wasting war, they were compelled by utter exhaustion to lay down their arms; and this BEPORTS ON EECONSTRUCTION. 87 they did not willingly, but declaring that they yielded because they could no longer resist, afford.- mg no evidence whatever of repentance for their crime, and expressing no regret, except that they ' had no longer the power to continue the despe- rate-struggle. •, It cannot, we think, be denied by any one, '^having a tolerable acquaintance with public law, "that the war thus waged was a civil war of the greatest magnitude. The people waging it were necessariljr subject to all the rules which, by the ' law of nations, control a contest of that charac- ter, and to all the legitimate consequences follow- ingit, One oftbose consequences was that, within ■ the limits prescribed by humanity, the conquered rebels were at the mercy of the conquerors. That ■ a government thus outraged had a most perfect right to exact indemnity for the injuries done and security agiiinst the recurrence of such out- rages in the future would seem too clear' for dis- ' pute. What the nature of that security should ■be, wliat proof should be required of a return to 'allegiance, what time should elapse before a peo- ' 'pie thus demoralized should be restored in full to the enj oyment of political rights and privileges, arequestions for the law-making power to decide, and that decision must depend on grave consid- erations of the public safety and the general welfare. It is moreover contended, and with apparent gravity, that, from the peculiar nature and character of our Government, no such right on the part of the conqueror can exist ; that from the moment when rebellion lays down its arms and actual hostilities cease, all political rights of rebellious communities are ,at once restored; ■ that, because the people of a State of the Union were once an organized community within the Union, they necessarily so remain, and their right to be represented in Congress at any and all ' times, and to participate in the government of the country under all circumstances, admits of neither question nor dispute. If this is indeed true, then is the Government of the United States powerless for its own protection, and flagrant rebellion, carried to t)ae extreme of civil war, is a pastime which any State may play at, not only certain that it can lose noth- ing in any event, but may even be the gainer by defeat. If rebellion succeeds, it accomplishes its purpose and destroys the Government. If it fails, the war has been barren of results, and the battle may be still fought out in the legis- lative halls of the country. Treason, defeated in the field, has only to take possession of Con- gress and the cabinet. Your committee does not deem it either neces- sary or proper to discuss the question whether ; the late Confederate States are still States of this Union, or can even be otherwise. Grant- ing this profitless abstraction, about which so many words have been wasted, it by no means follows that the people of those States may not place themselves in a condition to abrogate the powers and privileges, incident to aState of the Union, and deprive themselves of all pretence of right to exercise those powers and enjoy those privileges. A Stats within the Union has obli- gations to discharge as a member of the Union. - It must submit to federal laws and uphold fed- eral authority. It must have a government republican in form, under and by which it is connected with the General Government, and through which it can discharge its obligations. It is more than idle, it is a mockery, to contend that a people who have thrown off their alle- giance, destroyed the local government which bound their States to the Union as members thereof, defied its authority, refused to execute its laws, and abrogated every provision which gave them political rights within the Union, still retain, tnrough all, the perfect and entire right to resume, at their own will and pleasure, all their privileges within the Union, and espe- cially to participate in its government, and to control the conduct of its affairs. To. admit such a principle for one moment would be to declare that treason is always majter and loy- alty a blunder. Such a principle is void b.y its very nature and essence, because inconsistent with the theory of government, and fatal ii- its very existence. On the contrary, we assert ^hat no portion of the people of this country, whether in State or ■ 'Jerritory, have the right, whileremainingonit? soil," to withdraw from or reject the authority of the United States. They iuust obey its laws aa paramount, and acknowledge its jurisdiction. They have no right to secede j and while they can destroy their State governments, and place themselves beyond the pale of thfe Union, so far as the exercise of State privileges is concerned, they cannot escape the obligations imposed upon them by the Constitution and the laws, nor im- pairthe exercise of national authority. The Con- stitution, it will be observed, does no£ act upon States, as such, but upon the people;' while, therefore, the people cannot escape its authority, the States may, through the act of their people, cease to exist in an organized form, and .thus dissolve their political relations with the United That taxation should be only with the consent of the taxed, through their own representatives, is a cardinal principle of all free governments ; but it is not true that taxation and representa- tion must go together under all circumstances, and at every moment of time. The people of the District of Columbia and of the Territories are taxed, although not represented in Congress. If it is true that the people of the so-called Confed- rate States had no right to throw off the au- thority of the United States, it is equally true that they are bound at all times to share the btirdens of government. They cannot, either le- gally or equitably, refuse to bear their just pro- portion of these burdens by voluntarily abdi- cating their rights and privileges as States of the Union, and refusing to be represented in the councils of the nation, much less by rebellion against national ' authority and levying war. To hold that by so doing they could escape tax- ation would be to offer a premium for insurrec- tion, to reward instead of, punishing for treason. To hold that as soon as government is restored to its full authority it can be allowed no time to secure itself against similar wrongs in the fu- ■ ture, or else omit the ordinary exercise of its constitutional power to compel equal contribu- tion from all towards the expeusea of g' yern- POIilTICAI, MAJf,tJAIi. tnenti would, be- nmrsasonaible in itself and nnj ust to the u ation. It is ? nffi&ien t to reply that the Iqsa of representation by the people of the insurrectionary States /was their own voluntary choice. They might abandon their privileges, _ but they could not escape their obligatioas ; and surely they have no right to complain if, before resuming those priviloaes, and while the people of the United States are devising measures for the public safety, rendered necessary by the act of those who thus disfranchised them- . selves, they are compelled to contribute their just proportion of the general burden of taxa- tion incurred by their wickedness and folly. Equally absurd is the pretense tha,t the legis- lative authority of the nation must be inopera- tive so far as they are concerned, while they, by their own act, have lost the right to take part in it Such a proposition carries its own refu- tation on its face. While thus exposing fallacies which, as your committee believe, are resorted to for the purpose of misleading the people and distracting their at- tention from the questions at issue, we freely admit that such a condition of things should be brought, if possible, to a speedy termination. It is most desirable that the Union of all the States should become perfect at the earliest mo- ment consistent , with the peace and welfare of the nation ; that all these States should become fully represented in the national councils, and cake their share in the legislation of the coun- try. The possession and exercise of more than its just share of power by any section is inju- rious, as well to that section as to all others. Its tendency 'is distracting and demoralizing, and such a state of affairs is only to be tolerated, on the ground of a necessary regard to the public safety. Aa soon as that safety is secured it should terminate. Your committee came to the consideration of the subject referred to them with the most an.iious desire to ascertain what was the condi- tio /i of the people of the States recentl/ in in- sui /ection, and what, if anything, was necessary to oe done before restoring them to the full en- joyment of all their original privileges. It was undeniable that the war 'into which they had plui.ged the country had materially changed their relations to the people of the loyal States. Hlavnry had been abolished by constitutional amendment. A large proportion of the popu- latio 1 had become, instead of mere chattels, free njen and citizens. Through all the past struggle these had remained true and loyal, and had, in large numbers, fought on the side of the Union; It was impossible to abandon them without securing them their rights as free men and citizens. Tne whole civilized world would have cried out against such base ingratitude, and the bare idea is offensive to all right-think- ing men. Hence it became important to inquire what could be done to secure their rights, civil and pol itical. It was evident to your committee that adequate security could only be found in appropriate constitutional provisions. By an original provision of the Constitution, represen- tation is based on the whole number of free persons in each ^ato, and three-fifths of all other persons. Whsn all become free, represen- tation for all necessarily follows. As a conB6: quence the inevitable effect of the rebellion would be to increase the political power of llii insurrectionary States, whenever they shoulu be allowed to resume J;heir positions as States of the Union. As representation is fay the Consfe tution based upon population, your committee did not think . ii advisable to' recommend' a; change of that basis. The increase of represent' tation necessarily resulting from the abolition of slavery was considered the moat important element in the questions arising out of ths changed condition of affairs, and the necessity for some fundamental action in this regara seemed imperative. It appeared to your com- mittee that the rights of these persons by whon^ the basis of representation had been thus in-^ creased should be recognized by the "General Government. While slaves, they were not con-"^ sidered as having »ny rights, civil or political; It did not seem just or proper that all tne politi- ,cal advantages derived from their becoining fre^' should be confined to their former masters, who, had fought against the Union, and withheld from theinselves, who had always been loyajl Slavery, by building up a ruling and dominant; class, had produced a spirit of oligarchy adverse to republican institutions, which finally inangu-; rated civil war. The tendency of continuing the domination of such a class, by leaving it in the exclusive possession of political power, would be to encourage the same spirit, and lead to a , similar result. Doubts were entertained whether Congress had power, even under the amended Constitution, to prescribe the qualificfitions o| voters in a, State, or could act directly on thg subject. It was Joubtful, in the opinion of yoiir committee,, whether the States would consent to surrender a power they had always exercisel; and to which they were attached. As the best,. if not the only, method of surmounting the diffi- culty, and as eminently just and proper in itself, your committee came to the conclusion that po-; litical power should be possessed in all the States exactly in proportion aa the right of suffrage' should be sr&nted, without distinction of color' or race. This*t was thought would leave the"; whole question with the people of each State, holding out to all the advantage of increased political power as an inducement to allow all to: participate in its exercise. Such a provision would be in its nature gentle and persuasive,, and would lead, it was hoped, at no distant day, to an equal participation of all, without distinc- tion, in all the rights and privileges of citizen- ship, thus affording a full and adequate proteo-' tion to all classes of citizens, since all would' have, through the ballot-box, the power of self- protection, Holding these views, your committee prepated; an amendment to the Constitution to carry out' this idea, and submitted the same to Congreesi' Unfortunately, as we think, it did not receive^ the necessary constitutional support in the Sen- ' ate, and therefore could Hot be proposed for' adoption by the States. The principle involved' in that fimendment is, however, believed to he' sound, and your committee have again proposed' it in another form, hoping that it may receiytf the approbation of Congress. REPORTS ON BEOONSTRUC'iXON. 89 Your committee haye been unable to find, in the evidence submitted Do Congress by the Presi- dent, under date of March 6, 1866, in compliance ■with the resolutions of January 5 ani Feoruary 27, 1866, any satisfactory proof that either of the insurrectionary States, except, perhaps, the ^ate of Tennessee, has placed itself in a condi- tion to resume its political relations to the Union. The first step towards that end would n^seesparily be tbe establishment of a republican form of government by the peojile. It has been before remarked that the provisional governors, appointed by the President in the exercise of his fiiilitary authority, could do nothing by virtue of the power thus conferred towards the estab; liahment of a State government. They were acting under the War Department and paid out of its funds. They were simply bridging over the_ chasm between rebellion and restoration. And yet we find them calling conventions and convening legislatures. Not only this, but we find the conventions and legislatures thus con- vened acting under executive direction as to the provisions required to be adopted in their con- stitutions and ordinances as conditions precedent to their recognition by the President. The in- ducement held out by the President for com- pliance with the conditions imposed was, directly Bi one instance, and presumably, therefore, in others, the immediate admission of Senators and Eepresentatives to Congress. The character of the conventions and legislatures thus assembled was not such as to inspire confidence in the good faith of their members. Governor Perry, of South Carolina, dissolved the convention assem- bled in that State before the suggestion had reached Columbia from Washington that the rebel war debt should be repudiated, and gave as his reason that it was a "revolutionary body." There is no evidence of the loyalty or disloyalty of the members of those conventions and legis- latures except the fact of pardons being asked for on their account. Some of these States now daiming representation refused to adopt the (SOnditions imposed. No reliable information is fbund in these papers as to the constitutional provisions of several of these States, while in not one of them is there the slightest evidence to show that these " amended constitutions," as tbey are called, have ever been submitted to the people for their adoption. In North Carolina alone an ordinance was passed to that effect, but itdoes not appear to have been acted on. Not one of them, therefore, has been ratified. V/hether, with President Johnson, we adopt the theory that the old constitutions vrere abrogated and destroyed, and the people " deprived of all civil government," or whether we adopt the alterna- tive doctrine that they were only suspended and were revived by the suppression of the rebel- Hon , the new provisions must be considered as equally destitute of validity before adoption by tfce people. If the conventions were called for the isole purpose of putting the State governmentinto operation, they had no power either to adopt a new constitoition or to amend an old one with- out the consent of the people. Nor ix)uld either a feonvention or a legislature change the funda- tfiehtal law without power previously conferred. In the view of your committee, it follows, there- fore, that the people of a State where the oon- stitutioa has been thus amended might feel them- selves justified in repudiating altogether all such unauthorized assumptions of power, and might be expected to do so at pleasure. So far as the dispi'sition of the people of the insurrectionary States, and the probability of their adopting measures conforming to the changed condition of affairs, can be inferred from the papers submitted by the President as the basis of his action, the prospects are far from encouraging. It appears quite clear that the anti-slavery amendments, both to the State and , Federal Constitutions, were adopted with Teluo- tance by the bodies which did adopt them, while in some States they have been either passed by in silence or rejected. The language of all tne provisions and ordinances of these States on the subj-eot amounts to nothing more than an un- willing admission of an unwelcome truth. As to the ordinance of secession, it is, in some cases, declared " null and void," andiin others simply "repealed;" and in no instance is a refutation of tills deadly heresy considered worthy of a place in the new constitution. ■ If, as the President assumes, these insurrec- tionary States were, at the close of the war, wholly without State governments, it would seem that, before being admitted to participation in the direction of public affairs, such governments should be regularly organized. Long usage has established, and numerous statutes have pointed out, the mode in which this should be done. A convention to frame a form of govern- ment,should be assembled under competent au- thority. Ordinarily, this authority emanates from Congress.; but, under the peculiar circum- stances, your committee is not disposed to cnti- cise the President's action in assuming the power exercised by him in this regards The convention, when assembled, should frame. a constitution of government, which should be submitted to the people for adoption. If adopted, a legislature should be convened to pass the laws 'necessary to carry it into effect. When a State thus or- ganized claims representation in Congress, the election of representatives should be provided for by law, in aGCordance with the laws of Con- gress regulating representation, and the proof that the action taken has been in conformity tc law should be- submitted to Congress. In no case have these essential preliminary steps been taken. The conventions assembled seem to have assumed that the constitutions which had been repudiated and overthrown were still in existenee, and operative to constitute the States members of the Union, and to have contented themselves with such amendments as they were informed were requisite in order tc. insure their return to an immediate participation in the Government of- the United States. Noi waiting to ascertain whether the people they represented would adopt even the proposed amendments, they at once ordered elections of representatives to Congress, in .nearly all in- stances before an executive had heen chosen to issue writs of election under the State laws, and such elections as were held were ordered by the conventions. In one instance, at least, the writs lof electioB were signed by the provisional gov- 90 POLITIQAl MASVAL. srnor. Glaring irregularities and unwarranted 5flsumptions of power are manifest in several oases, particularly in South Carolina, where the 3onvention, although disbanded by the pro- 7isional governor on the ground that it was a 'evolutionary body, assumed to redistriot the State. It is quite evident from all these facts, and indeed from the whole mass of testimony sub- mitted by the President to the Senate, that in no instance was regard paid to any other con- sideration than obtaining immediate admission to Congress, under the barren form of an election in which no precautions were taken to secure regularity of proceedings or the assent of Ihe people. No constitution nas been legally adopted except, perhaps, in the State of Tennessee, and such elections as have been held were witho^^ authority of law. Your committee are accord- ingly forced to the conclusion thai the States referred to have not placed themselves in a con- dition to claim representation in Congress, unless all the rules which have, since the foundation of the Government, been deemed essential in such cases should be disregarded. It would undoubtedly 'be competent for Con- gress to waive all formalities and to'admit these Confederate States to representation at once, trusting that time and experience would set all things right. Whether it would be advisable to do so, however, must depend upon other con- siderations of which it remains to treat. But it may well be observed, that the inducements to such a step should be of the very highest char- acter. It seems to your committee not unreason- able to require satisfactory evidence thaf the ordinances and constitutional provisions which the President deemed essential in the first in- stance will be permanently adhered to by the Eeople of the States seeking restoration, after eing admitted to full participation in the government, and will not De repudiated when that object shall have been accomplished. And here the burden of proof rests upon the late insurgents who are seeking restoration to the rights and privileges which they willingly aban- doned, and not upon the people of the United States who have never undertaken, directly or indirectly, to deprive them thereof It should appear aflSrmatively that they are prepared and disposed in good faith to accept the results of the war, to abandon their hostility to the Gov- ernment, and to live in peace and amity with the people of the loyal States, extending to all classes of citizens equal rights and privileges, and conforming to the republican idea of liberty and equality. They should exhibit in their acts something more than an unwilling submission to an unavoidable necessity — a feeling, if not cheerful, certainly not offensive and defiant. And they should evince an entire repudiation of all hostility to the General Government, by an acceptance of such just and reasonable con- ditions as that Government should think the public safety demands. Has this been done ? Let us look at the facts shown by the evidence taken by the committee. Hardly is the war closed before the people of these insurrectionary States come foiward and haughtily ciaiui, aa a right, the privilege of par- ticipating at once in that fcrovornment whioh they had for four years been fighting to over- throw. Allowed and encouragea by the Execu- tive to organize State governments, {hey at once placed in power leading rebels, unrepentant and unpardoned, excluding with contempt those who had manifested an attachment to the Union . and preferring, in many instances, those who had rendered themselves the most obnoxious. In the face of the law requiring an oath wMch would necessarily exclude all such men from federal offices, they elect, with very few ex-^ep- tions, as Senators and Eepresentatives in (.'on- gress men who had activtefy participated in the rebellion, insultingly denouncing the law as un- constitutional. It is only necessary to inst^oce the election to the Senate' of the late vice pr-jsi- dent of the Confederacy, a man who, against his own declared convictions, had lent all the weight of his acknowledged ability and of his influence as a most prominent public man to the cause of the rebellion, and who, unpardoned rebel as he is, with that oath staring him in the face, had the assurance to lay his credentials on the table of the Senate. Other rebels of scarcely less note or notoriety were selected from other quarters. Professing no repentance, glorying apparently in the crime they had committed, avowing still, as the uncontradicted testimony of Mr. Stephens and many others proves, an adherence to the pernicious doctrine of secession, and declaring that they yielded only to necessity, they insist, with unanimous voice, upon their rights as States, and proclaim that they will submit to no con- ditions whatever as preliminary to their re- sumption of power under that Constitution which th^ still claim the right to repudiate. Examining the evidence taken by your com- mittee still further, in connection with facts too notorious to be disputed, it appears that the southern press, with few exceptions, and those mostly of newspapers recently established by northern men, abound with weekly and daily abuse of the institutions and people of the loyal , States ; defends the men who led, and the princi- ples which incited, the rebellion ; denounces and reviles southern men who adhered to the Union; and strives, constantly and unscrupulously, Vy ■ every means in its power, to keep alive the fire of hate and discord between the sections ; calling upon the President to violate his oath of office, overturn the Government by force of arms, and drive the representatives of the people from their seats in Congress. The national banner is openly insulted, and the national airs scoffed at, not only by an ignorant populace, but at public meetings, and once, among other notable in- stances, at a dinner given in honor of a notorious rebel who had violated his oath and abandoned his flag. The same individual is elected to an important office in the leading city of hie State, although an unpardoned rebel, and so offensive that the President refuses to allow him to enter upon his official duties. In another State the leading general of the rebel armies is openly nominated for governor by the speaker of tho house of delegates, and the nomination is hailed by the people with shouts of satisfaction, and openly indorsed by the press. Looking still further at the evidence taken EBPOKTS ON RECONSTRUCTION. 81 by .your -committee, it is found to be clearly Mown, by witnesses of tbe liiehest character, and having the best means of observation, ihat the Freedtnen's Bureau, instituted for the relief aijd protection of freedmen and refugees, is ajjnost universally opposed by the mass of the population, and exisfa in an ' efficient condition only under military protection, while the Union men of the South are earnest in its defence, declaring with one voice that without its pro- tection the colored people would not be permit- , ted to labor at fair prices, and could hardly live in safety. They afso testify that without the -i protection of United States troops Union men, whether of northern or southern origin, would , be obliged to abandon their homes. The feeling in many portions of the country towards the o emancipated slaves, especially, among the uned- - noated and ignorant, is one of vindictive and malicious hatred. This deep-seated prejudice against color is assiduously cultivated by the public journals, and leads to acts of cruelty, ' oppression, and murder, which the local author- ities are at no pains to prevent or punish. There lis no general disposition to place the colored race, constituting at least two fifths of the popu- lation, upon terms even of civil equality. While many instances may be found where' large ' planters and men of the better class accept the situation, and honestly strive to bring about a better order of things, by employing the freed- men at fair wages and treating them kindly, the general feeling and disposition among all ', classes are yet totally averse to the toleration of any class of people friendly to the Union, be they white or black ; and this aversion is not unfrequently manifested in an insulting and offensive manner. The witnesses examined as to the willingness of the people of the South to contribute, under .^existing laws, to the piiyment of the national debt, prove that the taxes levied by the United States will be paid only on compulsion and :with great reluctance, while there prevails, to a considerable extent, an expectation that com- pensation will be made for slaves 'emancipated and property destroyed during the war. The testimony on this point comes from officers of •the Union army, officers of the late rebel army. Union men of the Southern States, and avowed secessionists, almost all of whom state that, in their opinion, the people of the rebellious States would, if they should see a prospect of success, ., repudiate the national debt. While there is scarcely any hope or desire among leading men to renew the attempt at secession at any future time, there is still, ac- ! cording to a large number of witnesses, inolud- ; ing A. H. Stepbens, who may be regarded as good authority on that point, a generally pre- vailing opinion which defends the legal , right of secession, and upholds the doctrine that the first allegiance of the people is due to the States,, and not to the United States. This belief evi- .. dently prevails among leading and prominent ;_ men as well as among the masses ev.erywhere, [ except in some of the northern counties of Ala- f bama and the eastern counties of Tennessee. The evidence of an intense hostility to the r;-Federal Union, and an equally intense love of 'the late Confederacy,' nurtured by the war, isd# cisive. While it appears that near]/ all are willing to submit, at least for the tirje O'jing, to the federal authority, it is equally chir that the ruling motive is a dfisire to obtain tifi .'advanta- ges wnich will be derived from a represcintation in Congress. Officers of the Union army on duty, and northern men who go South to en- gage in business, are generally detested and pro- scribed. Southern men who adhered to the Union are bitterly hated and relentlessly perse- cuted. In some localities prosecutions have been instituted in State courts againsj; Union officers for acts done in the line of official duty, and similar prosecutions are threatened else- where as soon as the United States troops are removed. All such demonstrations show a state of feeling against which it is unmistakably ne- cessary to guard. The testimony is conclusive that after the col- lapse of the Confederacy the feeling of the i dople of the rebellious States was that of abjew sub- mission. Having appealed to the tribunal of arms, they had no nope except that by the magnanimity of their conquerors their lives, an'l possibly their property, might be preserved Unfortunately, the general issue of pardons to persons who had been prominent in the rebel- lion, and the feeling of kindness and conciliation manifested by the Executive, and Very gene- rally indicated through the northern press, had the effect to render whole communities forgetful of the crime they had committed, defiant towards the Federal Government, and regardless of their duties as citizens. - The conciliatory measures of the Government do not seem to have been met even half way. The bitterness and defiance ex- hibited toward the United Spates under such cir- cumstances is without a parallel in the history of the world. In return for our leniency we receive only an insulting denial of our author ity. In return for our kind desire for the re- sumption of fraternal relatioas we receive onlj an insolent assumption of rights and privileges long since forfeited. The crime we have pun- ished is paraded as a virtue, and the principles of republican government which we have vindi- cated at so terrible cost are denounced as unjust and oppressive. If we add to this evidence the fact that, al- though peace has been declared by the Preai dent, he nas not, to this .day, deemed it safe t;.' restore the writ of habeas corpus, to relieve t'L-J insurrectionary States of- martial law, nor to . withdraw the troops from many localities, and that the commanding general deems an incraa-js of the army indispensable to the preservation of order and the protection of loyal and well- disposed people in the South, the proof of a condition of feeling hostile to the Union and dangerous to the Government throughout thft insurrectionary States would seem to be over- whelming. With such evidence before them, it i? tlw opinion of your committee — I. That the States lately in rebellion were, at the close of the war, disorganized communi ties, without civil government, and v/ithout cou- stitutions or other forms, by virtue of whiiili political relations could legally exist between them and' the Federal Government. II. That Congress cannot be expected to re- POLITICAL MANUAL. cognize ae valid the election of representativeB ■iroiii disorganized communities, which, from the very nature of the case, were unable to present their claim to representatioti under those estab- lished and reuDguized rules, the observance of which has been nitherto required. III. That Congress would not be justified in admitting such communities to a participation in the government of the coantry without first providing such constitutional or other guaran- tees as will tend to secure the civil rights of all citizens of the Republic ; a just equality of rep- resentation ; protection against claims founded in rebellion and crim* ; a temporary restoration of the right of suffrage to those who have not actively participated iu the efforts to destroy the Union and overthrow the Government ; and the exclusion from positions of public trust of at least a portion of those whose crimes have proved them to be enemies to the Union, and unworthy of public confidence. Yonr committee will.perhaps, hardly be deemed excusable for extendiifg this report further ; but inasmuch as immediate and unconditional representation of the States lately in rebellion is demanded as a matter of right, and delay, and even hesitation, is denounced as grossly oppres- sive and unjust, as well as unwise and impolitic, it may not be amiss again to call attention to a few undisputed and notorious facts, and the principles of public law applicable thereto, in order that the propriety of^ that claim may be fully considered and well understood. The State of Tennessee occupies a position distinct from all the other insurrectionary States, and has been the subject of a separate report, which your committee have not thought it expe- dient to disturb. Whether Congress shall see fit to make that State the snbject of separate action , or to include it in the same category with all others, so far as concerns the imposition of preliminary conditions, it is not witliin the province of this committee either to determine or advise. To ascertain whether any of the so-called Confederate States " are entitled to be repre- sented iu either House of Congress," the essen- tial inquiry is, whether there is, iu any one of them, a constituency qualified to be represented in Congress. The question how far persons claiming'^eats in either House possess the cre- dentials necessary to enable them to represent a duly qualified constituency is one for the con- sideration of each House separately, after the preliminary question shall have been finally determined. We now propose to re-state, as briefly as possible, the general facts and principles appli- cable to all the States recently in rebellion. First. The seats of the senators and repre- sentatives from the so-called Confederate States became vacant in the year 1861, during the second session of the Thirty-sixth Congress, by the voluntary withdrawal of their incunibents, with the sanction and by direction of the legislatures or conventions of their respective States. This was done as a hostile act against the Constitution and Government of the United States, with a de- clared intent to overthrow the same by forming a southern confederation. This act of declared hostility was speedily wllowod by an organizar tion of the same States into a confederacy, which levied and waged war, by sea and land, against the United States. This war continued more than four years, within which period the rebd armies besieged the national capital, invaded the loyal States, burned their towns and cities, rob- bed their citizens, destroyed more than 250,000 loyal soldiers, and imposed an increased national burden of not less than $3,500,000,000, of which seven or eight hundre d milli ons have already been ^jiet and paid. From tte time these con- federated States thus withdrew their representa- tion in Congress and levied war against the United States, the great mass of their people became and were insurgents, rebels, traitors, and all of them assumed and occupied the political, legal, and practical relation of enemies of the United States. This position is established by' acts of Congress and judicial decisions, and is recognized repeat- edly by the President in public proclamations, documents, and speeches. Second. The States thus confederated proseoit ted their war against the United States to final arbitrament and did not cease until all theii armies were captured, their military power des- troyed, their civil officers, State and confederate, taken prisoners or put to flight, every vestige of State and confederate government obliterated, their territory overrun and occupied by the fede- ral armies, and their__pfiQple reduced to the con- dition of enemies conquered in war, entitled only by public law to such rights, privileges, and con- ditions as might be vouchsafed by the conqueror. This position is also established by ju"3icial deci- sions, and is recognized by the President in public proclamations, documents, and speeches. Third. Having' voluntarily deprived them- selves of representation in Congress, for the criminal purpose of destroying the Federal Union, and having reduced themselves, by the act of levying war, to the condition of public enemies, they have no right to complain of temporary ex- clusion from Congress ; but on the contrary, having voluntarily renounced the right to rep- resentatior , and disqualified themsel veg by crime from participating in the Government, the burden now rests upon them, before claiming toTje rein- stated in their former condition, to show that they are qualified to resume iederarTrelationsC In order to do this, they must prove thafThey have established, with the consent of the people, republican forms of government in harmony with the Constitution and laws of the United States, that all hostile purposes have ceased, and should give adequate guarantees against future treason and rebellion — guarantees which shall prove satisfactory to the Government against which they rebelled, and by whose arms they were sub- dued. Fourth. Having, by this treasonable with- drawal from Congress, and by flagrant rebellion and war, forfeited all civil and political rights and privileges under the Constitution, they can only be restored thereto by the . permission and authority of that constitutional power against which they rebelled and by which they were subdued. Fifth. These rebellious enemies were conquer* ed by the people of the United States, acting I through all the co-ordinate branches of the Government, and not by^e_exeoutive depart- EEPORTS ON EBOONSTEUCTION. 53 inent alone. The powers of conqueror are not so vested in the President that he can fix and regulate ^the terms of settlemen-t and confer congressional representaiion on conquered rob- ela and traitors. Nor can he, in any way, qualify enemies of the Government to exercise its law- muking p'oWer. The authority to restore rebels to political power in the Federal Government can be exercised only with the concurrence of all the departments in which political power is vested ; and hence the several proclamationa of the President to the people of the Confederate States oalinot be considered as extending beyond itHe purposes declaTed, and can only be regarded as provisional permission by the commander-in- Chief of the army to do certain acts, the effect and validity whereof is to be determined by the 'constitutional! government, andnotsolely by the executive power. Sixth. The qoestion before Gongress is, then, whether conqwered enemies have the rigbt, and shall be permitt-ed at their own pleasure and on their own tertoe, to participate in making laws for their conqiierors ; whetheF conquered rebels may change their theatre of operations from the battle-field, w^hwre they were defeated and overthrown, to the halls of Congress, and, throngh their representativee, seize upon the Government which they fought to destroy; whether the national treasury, the army of the nation, its' navy, its forts and arsenals, its whole civil admiuistration, its eredit, its pensioners, the widows an orphans of those who perished in the war, V.he public honor, peaioe and safety, shall all be turned over to the keeping of its recent enemies without delay, andwithont im- posing such conditions as, in the opinion of BoBgress, the security 'of tha 'country and its institutions may demand. Seventh. The history of mankind exhibits no example of such madness and folly. The in- stinct of self-preservation protests against it. The surrender by Grant to Le,e, and cy SBer- man to Johnston, would have been disasters of lees magnitude, for new armies couM have been raised, new battles fought, and the Government saved. The anti-coercive policy, which, under' pretext of avoiding bloodsfel; allowed the re- 'bellion to take form and gather force, would be florpaased in infamy by the matchless wickedness that would now surrender the halls of Oougress to those so recently in rebellioii, until proper precautions .shall have been taken to secure the 'national faith and the national safety. Eighth. As has been shown in this report, and in the evidence submitted, no proof has been afforded by OtSttgress of a constltcEenfcy in any one of the so-called Confederate States, unless we except the State of Tennessee, qualified to tsleci Senators and Eepresentatives in Congress. 'No State constitution, or amendment to a State leonstitution, has had the sanction of the people. All the so-called' legislation of State conventions ^nd legislatures has been had under military dictation. If the President may, at his will, and under his own authority, wbcthor as mili- tary commander or chief.exeoutiv?,qualily per- sons to appoint Senators and elect Eopresgnta- tives, and empower others to appoint and elect them, he fhereby practically controls the'organi- ZAition of the legislative department. The con- stitutional form of gcvernment is thereby prac- tically destrcJyed, -and its powers absorbed in the Executive. And while your committee c't not for a moment impute to the President any such design, but cheerfully concede to him the most patriotic 'motives, they cannot but look with alarm upon a precedent so fraught with danger to the Eepublic. Ninth. The necessity of providing adequate ■safeguards for the future, beibre restoring the in- surrectionary States to a participation in the direction of public affairs, is apparent from the bitter hostility to the Government and people of the United States yet existing throughout the conquered territory, as proved incontestably by the testimony of many witnesses and by un- disputed facts. Tenth. The conclusion of your committee therefore is, that the so-called Confederate States are not at present entitled to represeEtation in the Congress of the United States ; that, befoie allowing such representation, adequate security for future peace and safety ^ould be required; that this can only be found in such changes of the organic law as shall determine the civil rights and privileges of all citizens in all parts of the Eepublic, shall place representation on an equitable oasis, shall fix a stigma upon treason, and protect the loyal people against future claims for the expenses incurred in support af rebellion and for manumitted slaves, together with an express grant 6f power in Congress to enforce those provisions. To this end they offer a joint resolution for amending the Constitution of the United States, and the two several bills designed to carry the same into effect, before referred to. Before closing this report, your committee b^ leave to state that the specific recommendations submitted by them are the result of mutual con- cession, after a long and careful comparison of conflicting opinions. Upon a question of such magnitude, infinitely important as it is to the future of the Eepublic, it was not to be expected that all should tnink ailike. Sensible of the im- perfections of the scheme, your committee sub- mit it to Congress as the best they could agree upon, in the hope that its imperfections may be cured, and its d^eficienoies supplied, by legisla- tive wisdom ; and that, when finally adopted, it may tend to restore peace and harmony to the whole country, and to place our republican institutions on a more stable foundation. W. P. Fessehdeit, James W. Geimes, Ira Haeeis, J. M. Howard, George H. Williams, Thadceus Stevens, Ellihu B. Washbuehe, Justin S. Moeeill, .Inc. a. Bingham, eoscoe conkling, . Geoege S. Botttwell, Henet T. Blow. HSinority Beport. June 22 — ^Mr. Johnson in the Senate and Mr. EoGBES in the House, submitted this BEPOET : The ''Qudersigned, a minority of the joint com- ,04 POLITICAL MANUAL. raitlen of tlie Sonato and House of Bepresenta- tivfs, constituted under the concurrent resolu- tion of the 13th of December, 1865, making it their dat}' to "inquire into the condition of the Srates which formed the so-called Confederate States of America, and to report whether they or tiny of them are entitled to he represented in oither House of Congress, with leave to report by hill or otherwise," not beine able to concur in Jho measures recommended oy the majority, or !n the grounds upon which they base them, beg leave to report : In order to obtain a correct apprehension of the subject, and as having a direct beariiignpon it, the undersigned think it all important clearly to ascertain what was the effect of the late in- surrection upon the relations of the States where it prevailed to th^ General Grovernment, and of the people coUectiveljr and individually of such States. To this inquiry they therefore first ad- dress themselves. First, as to the States. Did the insurrection at its commencement, or at any subsequent time, legally dissolve the connection between those States and the General Government? In our judgment, so far from this being a " profitless abstraction," it is a vital inquiry. For if that sonnection was not disturbed, such States dur- ing the entire rebellion were as completely com- Eonent States of the United- States as they were efore the rebellion, and were bound by all the obligations v^hich the Constitution imposes, and entitled to all its privileges. Was not this their condition ? The opposite view alone can justify the denial of such rights and privileges. That a State of the Union can exist without possessing them is inconsistent with the very nature of the Gov- ernment and terms of the Constitution. In its nature the Government is formed of and by States possessing equal rights and powers. States unequal are not known to the Constitution. In its original formation perfect equality was se- cured. ' They were granted the same represen- tation in the Senate, and the same right to be represented in the House of Representatives; the difference in the latter being regulatsd only by a difference in population. But every State, however small its population, was secured one kepresentative in that branch. Each State was given the right, and the same right, to partici- pate in the Section of President and Vice Presi- dent, and all alike were secured the benefit of the judicial department.' The Constitution, too, was submitted to the people of each State sep- arately, and adopted by them in that capacity. The convention which framed- it considered, as they were bound to do, each as a separate sov- ereignty, that could not be subjected to the Constitution except by its own consent. That consent was consequently asked and given. The equality, therefore, of rights was the condition of the original thirteen States before the Gov- ernment was formed, and such equality was not only not interfered with, but guaranteed to thern as well in regard to the powers conferred upon the General Government, as to those re- served to the States or to the people of the States. The same equality is secured to the States 'which have been adinitted into the Union since the Corstitution was adopted. la each instance' the State admitted has been "declared to be one of the United States, on an eqital footing wiih the original States in all respects wJiaiever." The Constitution, too, so far as most of thft powers it contains are concerned, operates directly upon the people in their individual and aggre^ gate capacity, and on all alike. Each citizen, therefore, of every State owes the same -alle- giance to the General Government, and is enti- tled to the same protection. The obligation of this allegiance it is not within the legal power of his State or of himself to annul or evade. It is made paramount and perpetual, and for that very reason it is equally the paramount duty of the General Government to allow to the citizens of each State, and to the State, the rights se- cured to both, and the protection necessary to their full enjoyment. A citizen may, no doubt, - forfeit such rights by committing a crime against the United States npon conviction of the same, where such forfeiture by law antecedently passed is made a part of the punishment. But a State cannot in its corporate capacity be mside liable to such a forfeiture, for a State, as such, under- the Constitution, cannot commit or be indicted - for a crime. No legal proceeding, criminal 9r civil, can be instituted to deprive a State of the benefits of the Constitution, by forfeiting as against her any of the rights it secures. Her citizens, be they few or many, may be proceeded, against under the law and convicted, but the' State remains a State of the Union. To concede^ that, by the illegal conduct of her own citizens, • she can be withdrawn from the Union, is virtu- ally to concede the right of secession. For what dineren^p does it make as regards the result whether a State can rightfully secede, (a doc- trine, by-the-by, heretofore maintained by statesmen North as well as South,) or whether by the illegal conduct of her citizens she ceases - to be a State of the Union 7 In either case the end is the same. The only difference is that by the one theory she ceases by law to be such a State, and by the other by crime, without and against law. But the doctrine is wholly erro- neous. A State once in the Union must abide in it forever. She can never withdraw from or be expelled from it. A different principle would subject the Union to dissolution at any moment. It is, therefore, alike perilous and unsound. Nor do we see that it has any support in the measures recommended by the majority of the committee. The insurrectionary States are by these measures conceded to be States of the Union. The proposed constitutional amendment is to be submitted to them as well as to the other States. In this respecteach is placed on the same ground. To consult a State not in the Union on the pro- priety of adopting a constitutional amendment ' to the government of the Union, and which is necessarily to affect those States only composing the Union, would be an absurdity ; and to allow an amendment, which States in the Union might desire, to be defeated by the votes of States not ; in the Union, would be alike nonsensical and unjust. The very measure, therefore, of sub- ' mitting to all the States forming the Union be- fore the insurrection a constitutional amendment, makes the inquiry, whether all at this time are in or out of the Union, a yital one. If they are REPORTS ON RECONSTRUCTION. 95 not, all should not be consulted; if fhey are, they bhould be, and should be only because they are. The very fact, therefore, of such a sub- mission concedes that the Southern States are, and never ceased to be. States of the Union. Tested, therefore, either by the nature- of our Government or by the terms of the Constitution, the insurrection, now happily and utterly sup- pressed, hao in no respect changed the relations of the States, where it prevailed, to the General Government. On the contrary, they are to all intents and purposes as completely States of the Union ?B they ever were. In further support of this proposition, if it needed any, we may confi- dently appeal to the fact just stated, that the very measure recommended, a constitutional amendment to be submitted to such States, fur- nishes such support ; for, looking to and regard- ing the rights of the other States, such a sub- mission has no warrant or foundation except upon the hypothesis that they are as absolutely Statet of the Union as any of the other Spates. 'It can never be under any circumstances a "profitless abstraction" whether under the Con- stitution a State is or is not a State of the Union.' It can never be such an abstraction whether the people of a State once in the Union can volun- tarily or by compulsion escape or be freed from the obligations it enjoins, or be deprived of the rights it confers or the protection it affords. A different doctrine necessarily leads to a dissolution of the Union. The Constitution supposes that insurrections may exist in a State, and provides for their suppression by giving Congress the power to " call forth the militia' . for file purpose. The power is not to subjugate the State within whooe limits the insurrection may prevail, and to extinguish it as a State, but to preserve it as such by subduing the rebellion, by acting on the individual persons engaged in it, and not on the State at all. The power is altogether conservative ; it is to protect a State, not to destroy it ; to prevent her being taken out of the Union by individual crime, not, in any contingency, to put her out or keep her out. The continuance of the Union ol all the States is necessary to the intended existence of the Government. The Government is formed by a constitutional association of States, audits integrity depends on the continuance of the entire association. If one State is withdrawn &om it by any cause, to that extent is the Union dissolved. Those that remain may exist as a government, but ittis not the very government me Constitution designs. That consists of all ; and its character is changed and its power is diminished by the absence of any one. A different principle leads to a disintegration that must sooner or later result in the separation . of all, and the consequent destruction of the Government. To suppose that a power to pre- serve may, at the option of the body to which it is given, be used to destroy, is a proposition repugnant to common sense ; and yet, as the late insurrection was put down by means of that powei;, that being the only one conferred upon Congress to that end, that proposition is the one on which alone it can be pretended that the Southern States are not in the Union new as well as at first. The idea that the war power, as such, has been used, or could have been used, to extinguish the rebellion, is, in the judgment of the undersigned utterly without foundation. That power was given for a different contingency — for the con- tingency of a conflict with other governments, an international conflict. If it had been thought that that power was to be resorted to to suppress a domestic strife, the words " appropriate to that object' would have been used. But so far from this Laving been done, in the same section that confers it, an express provision is inserted to meet the exigency of a domestic strife or insur- rection. To subdue that, authority is given to call out the militia. Whether, in the progress of the effort to suppress an insurrection, the rights incident to war as between the United States and foreign nations may not arise, is a question which in no way changes the character of the contest as between the Government and the insurrectionists. The exercise of such rights may be found convenient, or become necessary for the suppression of the rebellion, but the character of the conflict is in no way changed by a resort to them. That remains, as at first, and/must from its very nature during its contin- uance remain, a mere contest in which the Gov- ernment seeks, and can only seek, to put an end to the rebellion. That achieved, the original condition of things is at once restored. Two judicial decbions have been made, by judges ol eminent and unquestioned ability, which fully sustain our view. In one, that of Amy War- wick, before the United States district court o) Massachusetts, Judge Sprague, referring to the supposed effect of the belligerent rights which it was conceded belonged to the Government dur- ing the rebellion, by. giving it, when suppressed, the rights of coiiquest, declared : " It has been' supposed that if the Qovernment have the right of a belligerent, then, after the rebellion is suppressed, it will have the rights of conquest ; that a State and its inhabitants may be permanently divested of all political advan tages, and treated as foreign territory con- quered by arms. This is an error, a grave and dangerous error. Belligerent rights cannot be exercised where there are no belligerents. Con- quest of a foreign country gives absolute, unlim- ited sovereign rights, but no nation ever makes such a conquest of its own territory. If a hos- tile power, either from without or within, takes and nolds possession and dominion over anypoi- tion of its territory, and the nation, by force of arms, expel or overthrow the enemy, and sup- presses hostilities, it acquires no new title, and merely regains the possession of that of which it has been temporarily deprived. The nation acquires no new sovereignty, but merely main- tains its previous rights. " When the United States take possession of a rebel district, they merely vindicate their pre- existing title. Und.er despotic governments con- fiscation may be unlimited, but under our Gov- ernment the right of sovereignty over any portion of a State is given and limited hy the Constitu- tion, and will be the same after the war as it was before." In the other, an application for habeas corpus to Mr. Justide Nelson, one of the judges ol the 96 POLITICAL MANUAL. Supreme Conrt of the United States, by James Egan, to bo discharged from an imprisonment to which he had been sentenced by a military commission in South Carolina, for the offence of murder alleged tp have been committed in that State, and the discharge was ordered, and, in an opinion evidently carefully prepared, among other things, said : "For all that appears, the civil local courts df the State of South Carolina were in the full ex- ercise of their judicial fundtioas at the time of this trial, as restored by the suppression of the rebellion, some seven months previously, and by the revival of the laws and the reorganiza- tion of the State in obedience to, and in confor- mity with, its constitutional duties to the Union. Indeed, long previous to fliis the provisional tovernment had been appointed by the Presi- ent, who is cemmander-in-ohief of the army and navy of the United States, (and whose will under martial law constituted the only rule of action,) for the special puiipose of changing the •existing state of things, and restoring the civil government over the people. In operation of wis appointment, a new constitution had been formed, a governor and legislatare elected under iti and the State plaoed in the full enjoyment, or entitled to the fuU enjoyment, of all her consUtu- Uonal rights and, priml^ffes. The constitutional laws of the Union were thereby enjoyed and obeyed, and were as authoritative and binding over the peeple of the State as in any other portion of the country. Indeed, the moment the rebellion was suppressed, and tlie govern- ment growing out of it subverted, the anaient laws resumed their accustomed sway, subject only to the new reorga/nization hy the appointment 6/ the proper officer to give them qperatwn and effect. This organization and appointment of thepublic functionaries, which was under the superinten- lence and direction of the President, the com- aiander-in-chief of the army and navy of the country, and who, as suoh, had .previously gov- erned the Stat^ from imperative necessity, by the force of martial tew, had already taken place, and the necessity- no longer existed." This opinion is the more authoritative than it might possibly be esteemed otherw-ise, from its being the first elaborate statement of the rea- sons whichgoverned the majority of the Supreme Court at the last term in. their judgment in the case of Milligan and others, that military com- missions for the, trial of civilic^ns a.-o not consti- tutional. Mr. Justice Nelson wao one of that ■majority, and of course was .advised of the grounds of their decision. We submit that nothing could be 'more conclusive in favor of the doctrinefor which they areoitedthau these judgments. In the one, the preposition of conquest of a State as a right under the war to suppress the insurrection is not only repudiated by Judge Sprague, but, because of the nature of our Government, is considered to be legally im- possible. " Th6 right of soyereignty over any portion of a State will," he tells us, " only be the sameafter the war'as itwasbefore." In the • other, we are told " that the suppression of the rebellion restores the courts of the State," and .that when her government is reorganized she at once is "in the full enjoyment, or entitled to the full enjoyment, of all her constitutional rights and privileges." Again, a contrary doctrine is inconsistant with the obligation which th« Government is under to each citizen of a State. Protection to oacb is a part of that obligation — protection not only as against a foreign, out a domestic foe. To hold that it is in the power of any part of the people of a State, whether they constitute a majority or minority, by engaging in insurrection «md .adopting any measure in its prosecution to m-aike citizens who are not engaged in it, but oppoaeii to it, enemies of the United States, having ino right to the protection which the Constitution afiords to citizens who are true to their alle- giance, is as illegal as it would be flagrantly un- just. During the conflict the exigency of the strife may justify a denial of such protection, and subject the unoffending citizen to inconve- nience or loss; but the conflict over, the.exigaa'cy ceases, and the obligation to afford him aU the immunities and advantages of the Constitution, one of which .is the right to be represented; in Congress, becomes absolute aid imperative. A different rule would enable the Goveroment to escape a clear duty, and to commit a gross vio- lation of the Constitution. It has been said that the Supreme Court have entertained a different doctrine in the prize cases. This, in the ju(ig- ment of the undersigned, is a clear misappre- hension. One of the questions in those cases was, whether in such a contest as was being waged .for the extinguishment of the insurrec- tion, belligerent rights, as between the Umted States and othernations, belonged to tlie former. The Court properly held that they did; bUtths .parties engaged in the rebellion were desig- nated as traitors, and liable to be tried as trai- tors when the rebellion should terminate. . If the Confederate States, by ibroe of insurrection, became foreign States and lost their cliaraoter as States of the Union, then the contest was an .in- ternational one, and treason wM no more com- mitted by citizens of the former against the latter, than by those of the latter against the former. Treason I necessarily assumes allegiance to the government, and allegiance neces-sarily assumes a continuing obligation to the government. Neither predicament was true, except upon the hypothesis that the old state of things continued. In other words, that the States, notwithstand- ing the insurrection, were continuously, andare now, States of the United States, and their citi- zens responsible to the Constitution and the laws. Second ; what is there, then, in the present, poli- tical condition of such States that justifies their exclusion from representation in Congress ? la •it because they are without organized, govern- ments, or without governments republican ' in point of form ? In fact, we know that they ..have governments completely organized witn legislative, executive, and judicial functions. We know that they are now in successful opera- tion ; no one within their )imits questions thflir legality, or is denied their protection. How they were formed, under what auspices they were formed, are inquiries with which Congress has no concern. The right of the people of. a State to form a government for themselves has never been questioned. In the absence of any-ra KEPOKTS ON EBCONSTRUCTION. 97 «triction tliat right would be absolute ; any form could be adopted that they might determine up- on. The Constitution imposes but a single re- striction — that the government adopted shall be -" of a republican form," and this is done in the obligation to guarantee every State such a form. It gives no power to frame a constitution for a State. It operates alone upon one already ■iormed bj' the State. In the words of the Fed- eralist, (No. 44,) "it supposes a pre-existing government of the form wijich is to be guaran- teed." It is not pretended that the existing governments of the States in question are n6t of me required form. The objection is that they were not legally established. But it is confl- 'Bjently submitted that that i& a matter with 'which Congress has nothing to do. The power to establish or modify a State government be- Ibngs exclusively to the people of the State. "When they shall exercise it, how they shall ex- ercise it, what provisions it shall contain, it is their exclusive right to decide, and when decid- ed, their decision is obligatory upon everybody, and independent of all congressional control, if 'snoh government be republican. To convert an (Ifbligation of guarantee into an authority to in- [ terfere in any way in the formation of the gov- ernment to be guaranteed is to do violence to language. If it be said that the President did illegally interfere in the organization of such eoveruments,,the answers are obvious: First, uf it was true, if the people of such States' not only have not, but do not, complain of it, but, on - the contrary, have pursued his advice, and are -satisfied with and are living under the govern- ments they have adopted, and those govern- iaehts are republican in form, what right has Congress to interfere or deny their legal exi^ ence? Second. Conceding, for argument's sake, that the President's alleged interference wa^ unauthorized, does it not, and for the same teason, follow that any like interference by Congress would be equally unauthorized? A different view is not to be maintained because of 3ihe difference in the nature of the powers con- ■ ferred upon Congress and the President, the one ■ being legislative and the other executive ; for it IB equalfy, and upon tne same ground, beyond the scope of either to form a government for a people of a State once in the Union, or to expel such a State from the UnioUj or to deny, tempo- rarily or permanently, the rights which belong to a State and her people under the Constitu- tion. ■'■'Congress may admit new States, but a State oiice admitted ceases to be within its control, iind can never again be brought within it. 'What changes her people may at any time think proper ^to malie in her constitution is a matter with which Neither Congress nor any department of the General Government can interfere, unless such 'changes make the State government anti-repub- lican, and then it can only be done under the ob- ligation to guarantee that it be republican. "Whatever may be the extent of the power con- ferred upon Congress in the 3d section, article 4, of the Constitution, to admit new States — in what manner and to what extent they can, under that i^ower, -interfere in the formation and character % the 'Constitution Of auoh Stetes preliminary to admission into the Union, no one has ever pre- tended that when that is had, the State can again be brought within its intluence. The power is exhausted when finoe executed, the subject forth- with passing out of its reach. The State admitted, like tlie original thirteen States, becomes at onco and forever independent of congressional control. A different view would change the entire charac- ter of the Government as its framers and their contemporaries designed and understood it to be. They never intended to make the State govern- nients subordinate to the General Governicent. Each was to move supreme within its own orbit ; but as each would not alone have met the exigen- cies of a government adequate to all the wants ol the people; the two, in thelanguage of ilr, Jeffer- son, constituted " co-ordinate d(partments of one single -and integral whole ;" the one having the power of legislation and administration "in anairt which concerned their own citizens only ;" the other, " whatever concerned foreigners, or citizens of other States." Within their respective limits each is paramount. The States, as to all powers not delegated to the General Government, are as. independent of that government as the latter, in regard to all powers that are delegated to it, is independent of the governments of the States. The proposition, then, that Congress can, by force or otherwise, under the war or insurrectionary or any other power, expbl a State from the Union, or reduce it to a territorial condition and govern it as such, is utterly without foundation. The undersigned deem it unnecessary to examine the question further. They leave it upon the obser- vations submitted, considering it perfectly clear that States, notwithstanding occurring insurrec- tions, continue to be States of the Union. Thirdly. If this is so, it necessarily follows that the rights of States under the Constitution, as originally possessed and enjoyed by them, are still theirs, and those they are now enjoying, as far as they depend upon the executive and ju- dicial departments of the government. By each of these departments they are recognizied as States. By the one, aTl officers of the go cern- ment required by law to be appointed in such States have been appointed, and are discharging, without question, their respective functions. By the other they are, as States, enjoying the benefit, and subjected to the powers of tliat de- partment ; a fact conclusive to show that, in the estimation of the judiciary, they are, as they were at first. States of the Union, bound by the laws of the Union, and entitled to all the rights incident to that relation. And yet, so far they are denied that right which the GonstitutioT: properly esteems as the security of all tne others — ^that right, without which government is anything but a republic — is inaeea but a ty- ranny — the right of having a voice in the legis- lative department, whose laws bind them in per- son and m property ; — this, it is submitted, is a state of things without example in a representa- tive reptiblican government ; and Congress, sn long -as it denies this right, is a mere despotism. Citizens may be made to submit to it by force, or dread of force, but a fraternal spirit and good feeling toward those who impose it, so important to the peace and prosperity of the country, are not to ba hoped to, :bftt rather TjnhfippiafigB, 68 POLITICAL MANTTAL. dissatisfjictioii, and enmity. There is but one ground on which such conduct can find any ex- cuse — a supposed public necessity ; the peril of destruction to which the government would be subjected, if the right was allowed. But for such a supposition there is not, in the opinion of the undersigned, even a shadow of founda- tion. The representatives of the States in which there was no insurrection, if the others were represented, would in the House, under the present apportionment, exceed the latter by a majority of seventy-two votes, and have a decided preponderance in the Senate. What danger to the Government, then, can possibly arise from southern representation ? Are the present Senators and Representatives fearful of themselves ? Are they apprehensive that they might be led to the destruction of our institu- tions by the persuasion, or any other influence, of southern members? How disparaging to themselves is such an apprehension. Are they apprehensive that those who may succeed them from, their respective States may be so fatally led astray ? How disparaging is that supposi- tion to the patriotism and wisdom of their con- stituents. Whatever effect on mere party suc- cess in the future such a representation may have we shall not stop to inquire. The idea that the country is to be kept in turmoil. States to be reduced to bondage, and their rights under the Constitution denied, and their citizens de- graded, with a view ta the continuance in power of a mere political party, cannot for a moment be entertained without imputing gross dishonesty of purpose and gross dereliotion,of duty to those who may entertain it. Nor do we deem it neces- sary to refer particularly to the evidence taken by the committee to show that there is nothing an tho present condition of the people of the southern States that even excuses on that ground * (denial of representation to them. We content ourselves with saying that in our opinion the evidence most to be relied upon, whether regard- ing the character of the'witnesses or their means of information, shows that representatives from the southern States would prove perfectly loyal. We-epeoially refer for this only to the testimony of Lieutenant General Grant. His loyalty and hie intelligence no 9ne can doubt. In his letter tothe President of the 18th of December, 1865, after he had recently visited South Carolina, Korth Carolina, and Georgia, he says : "Both in travelling and while ttovping , I saw much and convened freely with the citizens of those States, as well as with officers of thC' army who 'have been among them. The following are the conclusions come to by me : " I am satisfied that the mass of thinking men of the South accept the present situation of af- fairs. in good faith. The questions which have ■heretofore d,ivided the sentiments of the people of the two sections — slavery and State rights, or the right of a State to secede from the Union — ^they regard as having been settled forever by the highest tribunal, arms, that man can resort to. Iwas.pleased to learn from the leading men iuhom I met that they not only accepted the de- ■eieion arrived at as final, but that now, the smohe tf battle has cleared uway and time has been given for reflection, that this decision has been a fortunate one for the whole co^mtry, they receiv- ing the like benefits from it with those who op- posed them in the field and in the cause. * * " My observations lead me to the conclusion that the citizens of the southern States are anx- ious to return to self-government within the Dhioit as soon as possible ; that while reconstructing, they want and require protection from the Gov- ernment ; that they are in earnest in wishing to do what they think is required by tlie Oovem- ment, not humiliating to them as aitizens; and that if such a course was pointed out, tliey would pursue it in good faith. It is to be re- gretted that there cannot be a greater commiing- ling at this time between the citizens of the iwo sections, and particularly of those intrusted ivith the law-making power." Secession, as a practical doctrine ever here- after to be resorted to, is almost utterly aban- doned. It was submitted to and failed before the ordeal of battle. Nor can the undersigned imagine why, if its revival is anticipated as pos- sible.-the committee have not recommended an amendment to the Constitution guarding against it in terms. Such an amendment, it cannot be doubted, the southern as well as northern States would cheerfully adopt. The omission of such a recommendation is pregnant evidence that secession, as a constitutional right, is thought by the majority of the committee to be, practi- cally, a mere thing of the past, as all the proof taken by them shows it to be, in the opinion of all the leading southern men who hitherto en- tertained it. The desolation around them, the hecatombs of their own slain, the stern patriot- ism of the men of the other States, exhibited by unlimited expenditure of treasure and of blood, and their love of the Union so sincere and deep- seated that it is seen they will hazard all to maintain it, have convinced the South that, as a practical doctrine, secession is extinguished forever. State secession, then, abandoned, and slavery abolished by the southern States them- selves, or with their consent, upon what states- manlike ground can such States be denied all the rights which the Constitution secures to States of the Union ? All admit that to do so at the earliest period is demanded by every con- sideration of duty and policy, and none deny that the actual interest of the country is to a great extent involved in such admission. The staple productions of the Southern States are as important to the other States as to them- selves. Those staples largely enter into the wants of all alike, and they are also most im- portant to the financial credit of the Govern- ment. Those staples will never be produced as in the past until real peace, resting, as it can alone rest, on the equal and uniform operation of the Constitution and laws on all, is attained! To suppose that a brave and sensitive people will give an undivided attention to the increase of mere material wealth while retained in a state of political inferiority and degradation is mere folly. They desire to be again in the Union, to enjoy the benefits of -the Constit-ution, and they invoke you to receive them. They have adopted constitutions free from any intrinsic objection; and have agreed to every stipulation thought by UEPOKTS ON RECONSTRUCTION. 99 {he President- to bo necessary for the protection and benefit of all, and in the opinion of the uu- ■ Mrsigned they are amply RU&oient. Why ex- act, as a preliminary condition to representa- tion, more? What more are supposed to be necessary? First, the repudiation of the rebel debt ; second, the denial of all obligation to pay for manumitted slaves ; third, the inviolability of our own debt. If these provisions are deemed necessary, they cannot be aefeated, if the South were disposed to defeat them, by the admission into Congress of their representatives. Nothing is more probable, in the opinion of the under- aigned, than that many ol the southern States ■would adopt them all ; but those measures the Qoinmittee connect with others which we think the people of the South will never adopt. They are asked to disfranchise a numerous class of their citizens, and also to agree to diminish their rep- resentation in Congress, and of course in the elec- toral college, or to admit to the right of suffrage their colored males of twenty-one years of age ^d upwards, (a class now in a condition of almost utter ignorance,) thus placing them on the same political footing with white citizens of that age. For reasons so obvious that the dullest may discover them, the right is not directly as- serted qf granting suffrage to the negro. That would be obnoiious to most of the Northern and Western States, so much so that their consent was not to be anticipated ; but as the plan adopt- ed, because of the limited number of negroes in such States, will have no effect on their represent- ation, it is thought it may be adopted, while in &e southern States it will materially lessen their number. That these latter States will assent to tbe measure can hardly be expected. The effect, {hen, if not the purpose, of the measure is forever to deny representatives to such States, or, if they consent to the condition, to weaken their repre- sentative power, and thus, probably, secure a continuance of such a party in power as now control the legislation of the Government. The measure, in its terms and its effect, whether de- signed or noi, is to degrade the southern States. To consent to it will be to consent to their own dishonor. The manner, too, of presenting the proposed constitutional amendment, in. the opinion of the undersigned, is impolitic and without precedent. The several amendments suggested have no con- nection with each other ; each, if adopted, would have its appropriate effect if the others were re- jected; and each, therefore, should be submitted as a separate article, without subjecting it to the contingency of rejection if the States should refuse to ratify the rest. Each by itself, if an advisa- ble measure, should be submitted to the people, and not in such a connection with those which they may think unnecessary or dangerous as to force them to reject all. The repudiation of the rebel debt, and all obligation to compensate for the loss of slave property, and the inviolability of the debts of the Government, no matter how contracted, provided for by some of the sections of the amendment, we repeat, we believe would meet the approval of many of the southern States; but these no State can sanction without ipanctioning others, which we think will not be done by them or by some of the northern States.^ To force negro suffrage upon any State by means of a penalty of a loss oi part of its representa- tion, will not only be to impose a disparaging condition, but virtually to interfere with the clear right of each State to regulate suffrage for itself, without the control of the Government of the United States. Whether that control be ei erted directly or indirectly, it will be considered, as it is, a fatal blow to the right which every State in the past has held 'vital, the right to regulate her franchise. To punish a State for not regulating it in a particular way, so as to give to all classes of the people the privilege of suffrage, is but seeking to accomplish incidentally what, if it should be done at all, should be done directly. No reason, in the view of the undersigned, can be suggested for the course adopted, pther than a beliet that such a direct interference would not be sanc- tioned by the northern and western States, while, as regards suph States, the. actual recom- mendation, because of the small proportion of negroes within their limits, win not in the least lessen their representative power in Congress or their influence in the presidential election, and they may therefore sanction it. This very ine- quality in its operation upon the States renders the measure, in our opinion, most unjust, and, looking to the peace and quiet of the country, most impolitic. But the mode advised is also not only without but against all precedent. When the Constitution was adopted it was thought to be defective in not sufficiently pro- tecting certain rights of the States and the peo- ple, with the view of supplying a remedy for this defect, on the 4th March, 1789, various amendments by a, resolution constitutionally passed by Congress were submitted for ratifica- tion to the States. They were twelve in num- ber. Several of them were even less indepen- dent of each other than are those recommended by the committee. But it did not occur to the men of that day that it was right to force the States to adopt or reject all. ■ Each was, there- fore, presented as a separate artiele. The lan- guage of the resolution was, " that the follow- ing articles be proposed to the legislatures of rhe several States as amendments of the Constitution of the United States, all oe ant of which AETIOLES, when ratified by three-fourths of the said legislatures, to be valid to all intents and purposes as parts of the Constitution. The Con- gress of that day was willing to obtain either of the submitted amendments — to get a part, il not able to procure the whole. They thought (and in that we submit they but conformed to the letter and spirit of the amendatory clause of the Constitution,) that the people have the right to pass severally on any proposed amendments. This course of our fathers is now departed from, and the result will probably be that no one of the suggested amendments, though some may be approved, will be ratified. This will certainly be the result, unless the States are willing practi- cally to relinquish the right they have always enjoyed, never before questioned by any recog- nized statesman, and all-important to their in- terest and security — the right to regulate tha franchise in all their elections. There are,^too. some general considerations 100 POLITICAL MANUAL. that bear on the subject, to which we will now refer. First. One of the resolutions of the Chicago convention, by wliich Mr. Lincoln was first nomi- nated for the presidency, says, "that the main- tenance inviolate of the rights of the States is es- sential to the balance of power on which the prosperity and endurance of our political fabric depend." In his inauenral address of 4th March, 1861, which received the almost universal-appro- val of the people, among othei: things he said, "no State of its own mere motion ean lawfully get out of the Union ;" and that " in view of the Constitution and the laws, the Union is un- broken, and to the extent of my ability I shail take care, as the Constitution itself expressly en- joins upon me, that the laws of the Union be faithfolly executed in aU the States." Second. Actual conflict soon afterwards en- sued. The South, it was believed, misapprehend- ed the .purpose of the Go^vernment in carrying it on, and Congress deemed it imporant to dis- pel that misapprehension by declaring what the purpose was. This was done in July, 1861, by their passing the following resolution, offered by Mr. Crittenden : " That in this national emer- gency. Congress, banishing all feeling of mere passion or resentment, will recollect only its duty to the whole country; that this war is not waged, upon our part, in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution, and to preserve the Union, with all the dignity, equalify, and rights of the several States unimpaired ; that as soon as these objects are accomplished, the war ought to cease." The vote in the House was 119 for and 2 against it, and in the Senate 30 for and 5 against it. The design to conquer or subjugate, or to curtail or interfere in any way with the rights of the States, is in the strongest terms thus disclaimed, and the only avowed object asserted to be " to defend and maintain the spirit of the Constitution, and TO preserve the Union, and the dignity, equal- ity, AND EIGHTS OF THE SEVERAL STATES UHIM- PAIBED. " Congress, too, by the actof 13th July, 1861, empowered the President to declare, by proclamation, " that the inhabitants of such State or States where the insurrection existed are in a state of insurrection against the United States," and thereupon to declare that " all commercial intercourse by and' between the same, by the citizens thereof and the citizens of the tfnited States, shall cease and be unlawful so long as such condition of hostility shall continue." Here, also. Congress evidently deals with the States as being in the Union and to remain in the Union. It seeks to keep them in by forbidding commer- cial intercourse between their citizens and the citizens of the other States so long, and so long only, as insurrectionary hostility shall continue. That ended, they aretobe, as at first, entitled to the same intercourse with citizens of other States that they enjoyed before the insurrection. In other words, in this act, as in the resolution of the same month, the dignity, equality, and rights of such States (the insurrection ended) were not to be held in aay respect impaired. The several proclamations of amnesty issued by Mr. Lincoln and his successor under the authority of Congress are also inconsistent with the idea that the parties included within them are not to be held, in the future, restored to all rights belonging to them as citizens of their respective States. A power to pardon is a power to restore the offender to the condition in whfeh he was before the date of the offence pardoned. It is now settled that a pardon removes npt only the punishment, but all the legal disabili- ties consequent on the crime. (7 Bac. Ab. Tit. Par.) Bishop on Criminal Law (vol. 1, p. 713) states the same doctrine. The amnesties so de- clared would be but false pretences if they were, as now held, to leave the parties who have availed themselves of them in almost every pa»- ticular in the condition they would have been in if they had rejected them. Such a result, it is submitted, would be a foul blot on the good name of the nation. Upon the whole, therefore, in the present state of the country, the excite- ment which exists, and which may mislead legis- latures already elected, we think that the matured sense of the people is not likely- to be ascertained on the subject of the proposed amendment by its submission to existing State legislatures. If it should be done at all, the sufjmission should either be to legislatures here- after to be elected, or to conventions of the peo- ple chosen forthepurpose. Congress may select either mode, but they have eeleoted neither. It may be submitted to legislatures already in ex- istence, whose members were heretofore elected with no view to the consideration of such 'a measure ; and it may consequently be adopted, though a majority of the people of the States disapprove of it. In thin respect, if there were no other objections to it, wa think it most ob- jectionable. Whether regard be had to the n^sture or the terms of the Constitution, or to the legislation of Congress during the insurrection, or to the course of the judicial department, or to the con- duct of the executive, the undersigned confi- dently submit that the southern States are States in the Union, and entitled to every right and privilege belonging to the other States. If any portion of their citizens be disloyal, or are not able to take any oath of office that has been or may be constitutionally prescribed, is a quM- tion irrespective of the right of the States to be represented. Against the danger, whatever that may be, of the admission' of disloyal or die- qualified members into the Senate or House, it is in the power of each branch to provide against by refusing such admission. Each by the Con- stitution is made the judge of the election re- turns and qualifications of its own members. No other department can interfere with it. Its decision concludes all others. The only correc- tive, when error is committed, consists in the re- sponsibility of the members to the people. Bnl it is believed by the undersigned to be the cleai duty of each house to admit any Senator or Rep- resentative who has been elected according t( the constitutional laws of the State, and who'ii able and willing to subscribe the oath Te'-[uire< by constitutional law. It is conceded by the majority that " it -voulc REPORTS ON RECONSTRUCTION. 101 , nndoubtedljr be competent for Congress to ■waive ..all formalities, and to admit those Confederate • States at once, trusting that time and experience would set all things right."- It is not, therefore, owing to a want of constitutional power that it is not done. It is not because such States are not States with republi ,an forms of government. ■ The exclusion must therefore rest on considera- tions of safety or of expediency alone. The first, ; that of safety, we have already considered, and, as we think, proved it to be without foundation. Is there any ground for the latter expediency ! We think not. On the contrary, in our j udg- ment, their admission is called for by the clearest expediency. Those States include a territorial area of 850,000 square miles, an area larger than that of five of the leading nations of Europe. They have a coast line of 3,000 miles, with an internal water line, including the Mississippi, of , about 36,000 miles. Their agricultural products in 1850- were about $560,000,000 in value, and their population 9,664,656. Their staple pro- . duotions are of immense and growing importance and are almost peculiar to that region. That the North is deeply interested in having such a country and people restored to all the rights and privileges that the Constitution affords no sane man, not blinded by mere party considerations, or not a victim of disordering prejudice, can for a moment doubt. Such a restoration is also neces- sary to the peace of the country. It is not only important but vital to the potential wealth of which that section of our country is capable, that cannot otherwise be fully developed. Every hour of illegal political restraint, every hour the possession of the rights the Constitution gives is denied, is not only in a political but a material sense of great injury to the North as well as to the South. The southern planter works for his northern brethren as well as for himself. His labors heretofore inured as much if not more to their advantage than to his. Whilst harmony in the past between the sections gave to the whole a prosperity, a power, ai;id a renown of which every citizen had reason to be proud, the resto- ration of such harmony will immeasurably in- crease them all. Can it, will it be restored as long as the South is kept in political and dishon- oring bondage ? and can it not, will it not be re- stored by an opposite policy ? By admitting her to all the rights of the Constitution, and by deal- ing with her citizens as equals and an brothers, not as inferiors and enemies, such a course as this will, we are certain, soon be seen to bind tbem heart and soul to the Union, and inspire them with confidence in its government, by making them f§§l that all enmity is forgotten, and that justice is being done to them. The result of such a policy, we believe, will at once make us in very truth one people, as happy, as prosper- OBfl, and as powerful as ever existed in the tide of time ; while its opposite cannot fail to keep us divided, injuriously affect the particular ana general welfare of citizen and Government, and, if long persisted in, result in danger to the nation. In the words of an eminent British whig states- man, now no more, "A free constitution and large exclusions from its benefit cannot subsist tpgether ; the constitution will destroy them, or they will destroy the constitution." Itis hoped that, heeding the warning, we will guard against the peril by removing its cause. The undersigned have not thought it neces- sary to examine into the legality of the measures adopted, either by the late or the present Pres- ident, for the restoration of the southern States. It is sufficient for their purpose to say that, if those of President Johnson were not justified by the Constitution, the same may at least be said of those of his predecessor. We deem such an examination to beunnecessary, because, however it might result, the people of the several States who possessed, as we have before said, the ex- clusive right to decide for •themselves what constitutions they should adopt, have adopted those under which they respectively live. Th* motives'of neither President, however, whether the measures were legal or not, are liable to censure. The sole object of each was to effect a complete and early union of all the States , to make the General Government, as it did at first, embrace all, and to extend its authority and secure its privileges and blessings to all alike. The purity of motive of President John- son in this particular, as was to have been ex- pected,, is admitted by the majority of the committee to be beyond doubt ; for, whatever was their opinion of 'the unconstitutionality of his course, and its tendency to enlarge the ex- ecutive power, they tell us that they " do nol for a moment impute to him any such design but cheerfully concede to him the most patriotic motives." And we cannot forbear to say, in conclusion, upon that point, that he sins against light, and closes his eyes to the course of thf President during the rebellion, from its incep- tion to its close, who ventures to. impeach his patriotism. Surrounded by insurrectionists, h« stood firm,. His life was almost constantly in peril, and he clung to the Union, and discharged all the obligations it imposed upon him, even the closer because of the, peril. And now that he has escaped unharmed, and by the confidence of the people has had devolved upon him the executive functions of t;he Government, to charge him with djsloyalty is either a folly or a slander , folly in the fool who believes it ; slander in the man of sense, if any such there be, wht utters it. Eeveedt Johneok, a. j. roqbes, He5bt Gsideb VOTES ON PROPOSED CONSTITUTIONAL AMENDMENTS. The Constitutional Amendment, as Tinally Adopted and Submitted to the Legislatures of the States. In Senate. 1866, June 8 — The Amendment in these words, ag finally -amended, ':ras brought to a vote: Joint resolution proj.r3ing an amendment to the Constitution of the United States. Resolved by the Senate and Souse of Sepre- nKiitatives of the United States of America in Congress assembled, (two-thirds of both Houses concurring,) That the following article be pro- posed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three- fourths of said legislatures, shall be valid as part of the Constitution, namely : Aeticlb 14. S'EOTION 1. All persons born or naturalized in the United States, and subject to the jurisdic- tion thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State de- prive any person of life, liberty, or property, without due process of law, nor deny to any per- son within ife jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among the several States according to their res- pective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any elec- tion for the choice of electors for Pre.sident and Vice-President of the United States, representa- tives in Congress, the executive and judicial officers of a State, or the members of the legis- lature thereof, is denied to aii\' of the male in- habitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representa- tion therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty- one years of age in such State. Sec. 3. No person shall be a senator or rep- resentative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State le- gislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shsill have engaged, in insurrec- tion or rebellion against the same, or given aid or comfort to the enemies thereof. But Coa- fresB may, by a vote of two-thirds of each ouse, remove such disability. Sec. 4: The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But nei- ther the United States nor any State shall as- sume or pay any debt or obligation incurred in aid of insurrection or rebellion against the Uni- ted States, or any claim for the loss or emanci- pation of any slave ; but all such debts, obliga- tions and clainis shall be held illegal and void Sec. 5. The Congress shall have power to en- force, by appropriate legislation, the provisions of this article. It passed — ^yeas 33, nays 11, as follow : Yeas — Messrs. Anthony, Chandler, Clark, Gonnoss, Ori- gin, Creswel], Edmunds, Fesaenden, Foster, Grimes, Harris. Henderson, U oward, Howe, Kirkwood. Lane of Kansas, Labe of Indiana, Morgan, Morrili, Nye, Poland, Pomeroy, Ram- sey, Sherman, Spragne, Stewart, Sumner, Trumbull, Wade, Willey, Williams, Wilson, Yates— 33. Nays — Messrs. Cowan, Davis, Doolittle, Guthrie, Slhi- dricks, JoJiTison, McDaugaU, Norton, MiddU^ Saidsbmy, Van Winkle— 11. Absent — Messrs. Brown, Buckalew, Dixon, iVe£mt£/i, Wrighl~-5. In House. June 13 — The Amendment passed — yeas 138, nays 36, as follow : Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley, James M. Asliley, Baker, Baldwin, Banks, Barker, Baxter, Beanian, Beqjamin, Bidwell, Bingham, Blaine, Blow, Boutwell, Braudegee, Bromwell, Broomall, Buckland, Bun- dy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Ciillom, Darling, Davis, Dawes, De&ees, Delano, Doming, Dixon,Dodge,Donnelly,Driggs, Dumont, Eckley, Bgglestoti, Eliot, Farn3worth,Farquhar, Ferry, Garfield, Grinneli, Gris- wold, nale, AbnerO. Ilarding, Hart, Hayes^endorson, Hie- by, Holmes, Hooper, Hotchldss, Asahel W. i9ubbai-d, Chester D. HnbbardjDomas Hubbard, jr., John H. Hubbard, James ]R. Hubbell, Hulburd, IngersoU, Jenckes, Julian, Kasson, EM- ley, Eelso, Ketcham, Euykendall, Idiflin, Latham, Geortje V. Lawrence, William Lawrence, Loan, Long-year, Lynch, Marston, Marvin, McClurg, McKee, McRuor, Mercur, Miller, Moorhead, Morrill, Morris, Monlton, Myers, NewoU, O'Neill, Orth, Paine, Patterson, Perham. Phelps, Pike, Plants, Pome- roy, Price, William H. Eandall, Raymond, Alexander b. Rice, John H. Rico, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Smith, Spalding, Stevens, Stillwell, Thayer, Prancis Thomas, John L. Thomas, Trowbridge, Up- son, Van Aornam, Burt Van Horn, Robert T. Van H6ru, Ward, Warner, EUihu B. Washburne, Henry D. Washburn, William B. Washburn, Welter, Wentworth, Whaley, Wil- liams, James P. Wilson, Stephen F. Wilson, Windom, Wopd- bridge, the Speaker — 188. Nats- Messrs. Anoana.Sergm, Bmjir, Chanler, Oaffroth, Dawson, Denison, Eldriage, Mnck, GlossbretinRr, Gridei; Aaron Harding, Sbgan, Edwin iV. Bxiibell, James M. Him- phre;/, Jolimon, Kerr, Le BUmd, Marshall, llcOulloitgh, Mbiack, Nicholson, Xadford, Samml J. Randall, mtttr, Rogers, Boss, SItanklin, Sitgnaves, Strrmse, Taber, Taylor, Thorrtton, TrimbU, Winfidd, JTr^AS— 86. Not TOHSO— Messrs. Culver, Goodgear, Harris, -Hill, James Inmphrey, Jones, Mclndoo, NoAl, I^nssoan, Starr— 10. 102 ■ TOTES ON CONSTITUTIONAL AMENDMENTS. 103 Freliminary Proceedings. Prior to the adoption of the joint resolution in the forin above stated, these reports were made from the Joint Committee, and these votes were taken in the two Houses : Ih House. April 30 — Mr. Stevens, from the Joint Select Committee on Eeoonstruotion reported a joint resolution, as follows : A joint resolution proposing an amendment to the Constitution of the United States. Be it resolved, &o., (two-thirds of both Houses concurring,) 'That the following article be pro- posed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part of the Constitution, namely : Aetiole — . Sec. 1. No State shall make or enforce any law which shall abridge the privileges or immu- nities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Seo. 2. Representatives shall be apportioned among the several States which may be included within this Union, according to iheir respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But whenever in any State the elective franchise shall be denied to any portion of its male citizens not less than twenty-one years of age, or in any way abridged, except for participation in rebel- lion or other crime, the basis or representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty-one years of age. Seo. 3. Until the 4th day of July, in the year 1870, all persons who voluntarily adhered to the late insurrection, giving it aid and com- fort, shall be excluded from the right to vote for representatives in Congress and for electors for President and Vice-President of the United States. Seo. 4. Neither the United States nor any State shall assume or pay any debt or obligation already incurred, or which may hereafter do in- curred, in aid of insurrection or of war against the tfnited States, or any claim for compensation for loss of involuntary service of labor. Sec. 5. The Congress shall have power to en- force, by appropriate legislation, the provisions of this article. Objection having been made to its being a special o^der for Tuesday, May 8, and every day thereafter until disposed of, Mr. Stevens moved a suspension of the rules to enable him to make .hat motion ; which was agreed to — ^yeas 107, nays 20. The Nays were: Mesara. Aneona. Bergen, Bc^er, Coffroth, Dawson, Eldridge, FiTicJe, Grider,Aarrm, Harding, JamesM. Humphrey, Latham, Marshall, Nihlaek, Nicholson, Rttter, Boss. Slrmist, Taylor, Wurmtan, Winf\M—'iS>. May 10 — Mr. Stevens demanded the previous question ; which was seconded, on a count, 85 to 57 ; and the main question was ordered — yeas 84, nays 79, as follow : , Teas — MoBsrs. Allison, Ames, Auderaon, Banks, Baxter, Bidwell, Boutwell, Bromwell, Broomatl. Clianler, Reader W. Clarke, Sidney ClM-lce, Cobb, Conkling. Cook. Defreea, Dixon, Driggs, Dumont, Eckley, Eggleston, Eldridge, Eliot, Grider, Griimell, Aaron Harding, Abner C. Harding, Harris, Hart, Higby, Holmes, Hooper, Hntchkiss, Aaahel W. Hnbbard, Semaa Hubbai'd. Ingeraoll, Julian, Kelley, Kelso, j^Krr, Wil- liam Lawrence, Le Blond, Loan, Lynch, Maraton, McOlm-g, JUcCiiUough, Mcludoe, Mercur, Morrill, Monlton, Nihlack, O'Neill, Orth, Paine, Patterson, Pevham, Pike, Price, John H Eice, Bitter, Rogers, Rollins, Boss, Rousseau, Sawyer, Schenck, Pcofield, Shanklin, Shellabarger, Spalding, Stevena, Francis Thomas, John L. Thomas, Thmmton, Trowbridge, Upson, Ward, Eilihu B. Washburne. Welker, JameaF. Wil- son, Stephen F. Wilson, Windom, Woodbridge — 84. Nats — Messrs. Alley, Aneona, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Barker, Beaman, Benjamin, Bergen, Bingham, Blaine, Blow, Boyer, Buckland, Bundy, Cq/proth, Cullom, Darling, Davis, Dawes, Dawson, Delano, Doming, Dodge, Donnelly, Famswovth, Ferry, Finck, Gariield, GlosS' brenner, Goodyear, Griswold, Hayes, Henderson, Chester D. Hubbaxd, James R. Hubbell, Hulburd, James Humphrey, Jenckes, Kasson, Ketchaio, Kuykendall, Laflin, Latham, - George T. Lawrence, Longyear, MarsliaU, McKee, McRuer, Miller, Moorhead, Morris, Myora, Newell, Phelps, Plants,- Bac(ford, Samuel J. Bafnaall, WilLam II. Randall. Raymond, Alexander H. Rice, Sitgreaves, Ejmith, Stillwell, Strouse, Ihber, Xaylor, Thayer, TrimbU, Burt Van Horn, Hubert T. Van Horn, Warner, Henry D. Washburn, William B. Wash- burn, Wbaley, Williams, WinfiddtttWright—Ti. The joint resolution, as above printed, then passed — ^yeas 128, nays 37, as follow : Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, BUiine. Blow, B lutwell, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Dayis, Dawes, Defrees, Delano, Denting, Dixon^ Dodge, Donnelly, Driggs, Dumont, Eckley, Eggleeton, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griawold, Abner C. Harding, Hart, Hayoa, Henderson, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. liubb.ird, Demas Hubbard, James K. Hubbell. Hulburd, James Humphrey, IngersoU, Jenckee, Julian, Kasson, Kelley, Kelso, Ketcliam, Kuykendall, Lafiin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, McClnrg, Mclndoe, Mc- Kee, McBuer, Mercur, Miller, Moorhead, Morrill, Morris, Houlton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Ferham, Pike, Plants, Price, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, ^clienck, Scofield, Shellabarger, Spalding, Stevens, Stillwell, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Upsiin, Van Aemam, Burt Van Horn, Robert T. Van Horn, Ward, War- ner, Eilihu B. Washburne, Henry D Washburn, William B. Waahhurn, Welker, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge, the Speaker — 128. Nays — Messrs. Jncoiia, Bergen, Boyer, Clianler, Coffroth, Dawson, Eldridge, Finck, GU/ssbrenner, Goodyear, Grider, Aaron Harding, Harris, Kerr, Latham, Le Blond, Marshall, McOuIlough, Niblaek, Phelps, Badford, Samuel J. BarMaU, Bitter, Bogers, Boss, Rousseau, ShanJclin, Si/greaves, .^rnith, Strouse, Tdber, Taylor, Thornton, Trimble, Whaley, TP -ij^W, Wrighi-i1. The amendments of the Senate were mi/le to this proposition, when it was finally adopted by each House, in the form first stated. The Aocompanying Sills. . April 30 — Mr. Stevens, from the same com- mittee, also reported this bill : A Bill to provide for restoring, the States lately in insurrection to their full political rights. Whereas it is expedient that the States lately in insurrection should, at the earliest day consistent with the future peace and safety of the Union, be restored to full participation in all political rights; and whereas the Congress did, by joint resolution, propose for ratification to the legis- latures of the several States, as an amendment to the Constitution of the -United States, an arlicV; in the following words, to wit : [For article, see page 102.] Now, therefore. Be it enacted, &c.. That whenever the abovu- recited amendment shall have become part o( the 104 POLITICAL MANUAL. Constitution of the United States, and any State lately in insurrection shall have ratified the same, and shall have modified its constitution and laws in conformity therewith, the Senators and Rep- resentatives from such State, if found duly-elected and qualified, may, after having taken the re- quired oaths of office, be. admitted into Congress as such. Sec. 2. And be it fuarther enacted, That when any State lately in insurrection shall have rati- fied the foregoing amendment to the Constitu- tion, any part of the direct tax under the act of August 5, 1861, which may remain due and un- paid in such State may be assumed and paid by aach State ; and the paymentthereof, upon proper assurances from such State to be given to the Secretary of the Treasury of the United States, may be postponed for a period not exceeding ten .years from and after the passage of this act. April. 30 — Mr. Stevens, from the same com- mittee, also reported thio bill : A. Bill declaring certain persons ineligible to office under the Government of the United States. Be it enacted, da.. That no person shall be eligible to any office under the Government of flae United States who is included in any of the following classes, namely : 1. The president and vice president of the confederate States of America, so called, and the beads of departments thereof. 2. Those who in otbe.r countries acted as agents of the confederate States of America, so called. 3. Heads of Departments of the United States, officers of the army and navy of the United States, and all persons educated at the Military or Naval Academy of the United States, judges of the courts of the United States, and members of either House of the Thirty-Sixth Congress of the United States who gave aid or comfort to the late rebellion. 4. Those who acted as officers of the con- federate States of America, so called, above the grade of colonel in .the army or master in the navy, and any oae who, as Governor of either of the so-called confederate States, gave aid or comfort to the rebellion. '5. Those who have treated officers or soldiers or sailors of the army or navy of the United States, captured during the late war, otherwise than lawfully as prisoners of war. Neither of these bills has been voted on up to the time this page goes to press. The ITegatived Amendment on Bepiesentation and Direct Taxes. In House. January 22, 1866 — Mr. Stevens reported this proposition from the Joint Select Committee : Resolved, (fee, (two-thirds of both Houses con- cnrring,) That the following article be proposed to the legislatures of the ' several States as an amendment to the Constitution of the United State.-) ; which, when ratified by three-fourths of the said legislatures, shall be valid as part of said Constitution, namely : AirrioLE — . Representatives and direct taxes dhall bf apportioned among the several States which may be included within this Union, ac- cording to their respective numbers, coun.ling the whole number of persons in each State, ex- , eluding Indians not taxed: Provided, That when- ever the elective franchise shall be denied or abridged in any State on account of race or. color, all persons of such ra-ce or color shall be excluded from the basis of representation. ' Mr. Stevens moved to insert the word " there- in " after the word " persons " where it last oc- curs. Sundry propositions of amendment were of- fered, and January 30 — The report was recommitted, without instructions — the motion of Mr. lie Blond to commit it to the Committee of the Whole having been lost, yeas 37, nays 133, (Messrs. McRuer and Rousseau and 35 Demo- crats made up the affirmative vote.) The Kegatived Constitntional Amendment on Bepresentation. In House. January 31, 1866— Mr. Stevens reported from the Committee on Reconstruction this joint reso- lution: * Joint Resolution proposing to amend the Con- stitution of the United States. Besohed, &c., (two-thirds of both Houses con- curring,) That the following article be proposed, to the legislatures of the several States as an amendment to the Constitution of the United . States, which, when ratified by three-fourths of said legislatures, shall be valid as part of said Constitution, namely : Aetiolb — . Representatives shall be apportioned among the several States which may be included within this Union according to their respective num- bers, counting the whole number of persons in each State, excluding Indians not taxed : Frn- vided. That whenever the elective franchise shall be denied or abridged in any State on account of race or color, all persons therein'of such race or color shall be excluded from the basis of rep- resentation. Mr. Schenck submitted this as a substitute for the "Article:" Representatives shall be apportioned among the several States which maybe included withili this Union according to the number of male citi- zens of the United States over twenty-one years of age having the" qualifications requisite for electors of the most numerous branch of the. State legislature. The Congress, at their firet session after the ratification of this aniendment by the required number of States, shall provide by law for the actual enumeration • of sucll voters J and such actual enumeration shall be separately made in a general census of the pop- ulation of all the StS,tes within every subsequent- term of ten years, in such manner as the Con- gress may by law direct. The number of Repra-.,! sentatives shall not exceed one for every one hundred and twenty-five thousand of actual population, but each State shall have- at least one Representative. Mr. Schenck's substitute was disagreed to — yeas 29, nays 131, as follow : VOTES ON CONSTITUTIONAL AMENDMENTS. 105 Teas— Mossrs. Anderson, Bramwell, Bundy, Reader TV. Glarko, Sidney Cb.rke, DarlinK, Davis, Sefl'ees, Earnswortb, Abnnr C. Iliirding, Hayos, Bili\, CheRtcr D. Hubbard, .Tames R. Hubbell, Jas. liumpliroy, Inpersoll, Knykendall, William IiSfWrence, Marshall, JUciMlvugh^ Miller, Orth, Pike, Hosst Sbhflnck, Shellabarger, Sloan, Thtymton, Tan Ilorn — 29. ' Nats — Messrs. Alloy, Allison, Ames, James M. Ashley, Baker, Banks, Barker, Baxter, Beamau, Benjamin, Bergen, BidWell, Bingham, Blaine, Blow, Boutwell, Bayer, Brande- gee, Broolcs, Broomiill, Buckland. Cliifnler, Cobb, Conkliug, Cook, Cnllom, Dawes, Dawsnn, Delano, Doming, Denisan, Dixon, Donnelly, Eckloy, Bggleston, EJdridgc, Eliot, Far- qjihai-, Perry, Mnck, Garfield, Grider, Grinnell, Griswold, Hale, Aaron Barding, Harris, Hart, Hagan, Holmes, Hooper, Uutclifcifs, Asoiliel W. Hubbard, Domas Hubbard, Jr., John n. Hubbard, iJiimn if. BuhbeO, Hulburd, Jama M. BuTniphrey, Jenckes, Jolinsan, Julian, Kasson, Kelley, Eelso, Kerr, Ketcham,Laflln, Latham, George V.Lawrence, Ix Blond, LongyeEtr, Lynch, Marston, Marvin, MoClurg, Mfllndoe, McKee, Mercur, Moorhoid, Morrill , Morris. Moul- ton, My^irs, Niblack, Nicholson, JSToell, O'Neill, Paine, Patter- son, Perham, Phelps, Plants, Ponieroy, Price, Samuel J. Randall, William.H. Randall, Alexander U. Rice, John H. Rice, Bitter, Rogers, Rollins, Sawyer, Scofield, Shwnklin, timVa, Spalding, Starr, Stevens, Strause, Tuber, Ihylor, Thayer, Pranris Thomas, John L. Thomas, jr., Ti'imble, Upson, Van Aermvm, Burt Van Horn, Voor?ie£s, Ward, ■^ftrnor, EUihu B. Washbnrne, William B. Wiiflhburn, Welker. Weutworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Wright— 131. The joint resolution, as reported, was then agreed to — ^yeas 120, nays 46, as follow : Yeas — Messrs. Alley, Allison, Ames, Anderson, James M. Ash'loy, Baker, Banks, Barker, Baxter, Beaman, Benjamin, Bidweil, Bingham, Blaiae, Blow, Boutwell, Brandcgee, Womw^jll, Broomall, Buckland, Bnndy, Reader W.Clarke, Slctooy Clarke, Cobb, Conkllog, Cook, Cullom,Darling, Davis, Dawes, Dofrees, Delano, Demiag, Dixon, Donnelly, Eckley, Eggleston , Farnsworth , Farquhar , Ferry , Garfield, Gr inne 1 1, Griswold, Abner C, Harding, Hart, Hayes, Hill^ Holmes, Hooper^otchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, James R. Hubbell, Hulburd, Jas. Humphrey, Ingersoll, Julian, Kassoo , Kelley, [lelso, Kctcham, Suykendall, l^llin, George T. Lawrence, William Lawrence, Longyear, Lynch, mrston, Marvin, MfiClurg, Mclndoe, McKee, Mercur, Miller, Moorhead, Mor- k'ill, Morris, Moulton, flyers, O'Neill, Oi-th, Paine, Patterson, Perham, Fike, Plants, Pomeroy, Price, Alexander H. Rice, John H. Rice, BoUins, Sawyer, Schenck, Scoileld,Shellabar- gor, Sloan, Spalding, Starr, Stevens, Stillwell, Thayer, Francis Thomas, John L. Thomas, jr., Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Elllhu B. Washburne, William B. Washburn, Welker, Wont- worth, Williams, James F.Wilson, Stephen F. Wilson, Win- dom, Woodbrldge — 120. HATS — ^Messrs. Baldwin, ^ergm, Bayer, Brooks, Chanler, Bawson, DenisQn,Eldridge, Eliot, Mnek, Grider, Hale, A&ron Harding, Harris, Hogan, Edwin N'. Hubbell, James M. Humphrey, Jenckes, Johnson, Kerr, Latham, Le Bicm/l, MarshaU, McCMlough, Niblack, NichdUon, Nodi, Phelps, SamiKl J. RandaH,, William H. Randall, Raymond, Rittcr, Rogers, Ross, Rousseau, J^hanklin, Sitgreaves, Smith, ^frouse, Ihiier, Taylor ThorrUm, Trimble, Voorhees, Whaley, Wright, —46. [Messrs. Driggs and Newell, February 1, stated they would have voted aye, if present.] In Senate. March 9, 1866— The resolution'of the House was rejectedr— yeas 25, nays 22, as follow, (two- tiirds being necessary :) Teas — Messrs. Anthony, Chandler, Clark, Conness, Cragin, Ol'eawell, Fesscnden, Foster, Grimes, Harris, Howe, Kirk- wood, Lane of Indiana, McDougall, Morgan, Morrill, Nye, Poland, Ramsey, Sherman, Sprague, Trumbull, Wade, Wil- liams, Wilson — 25. Nats — Messrs. Brown, Buckalew, Cowan, Dams, Dixon, Doolittle, Outhrie, Henderson, Hendricks, Johnson, Lano of Kansas, Nesmith, Norton, Pomeroy, Riddle, Saulsbury, Stewart, Stockton, Sumner, Tan Winkle, Willey, Tates— 22. SepoTt on Frivileges and Immunities of Citizens. In House. February 13, 1866 — Mr. Bingham reported from the Joint Reconstruction Committee, this joint resolution, which was re-committed and ordered to be printed : Joint Resolution proposing an amendment to the Constitution of the United States. Resolved, &c., (two-thirds cif both Houses con- curring,) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of the said legislatuires, shall be valid as part u\ said Constitution, viz : Aetioli; — . The Congress shall have power to make all laws which shall be necessary and proper to secure to the citizens of each State all privileges and immunities of citizens in the several States, and to all persons in the several States equal protection in the rights of life, liberty, and property. February 26 — Mr. Bicgham reported it back, without amendment. February 28 — Mr. Eldridge moved that it lie on the table ; which was disagreed to — yeas 4LV, nays 110, as follow : \ Yeas — Messrs. Ancrma, Bergen, Brooks, Chamler, Coffroth, Davis, Dawson, Denison, Eldridge, Mnck, Glossbrennxr, Goodyear, G^'ider, Q riswold. Hale, A.Harding, Hogan, E, N. Hubbell, Keir, Euykendali, Marshall, Marvin, McOullough, JViblack, Nicholson, Noell, Phelps, A J, RandaU, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Slrouse, Taber, Taylor, Tltornton, Trimble, Wirvfield, WrigJit — 41. Nats — Messrs. Alley, Allison, Ames, Anderson^ Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banke, Barker, Baxter, Beu|amin, Bidweil, Bingham .Blaine, Blow, Bout- well, Brandegee,. Broomall,. Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dar^ ling, Defrees, Delano, Doming, Donnell}-, Dumont, Eeklcy, Eg- glest^n, Eliot,. Farnsworth, Farq,«bar,, Ferry, Garfield, Grin- nell, Abner C.Harding, Hart, Hayos,' Higby, Holmes, Hooper, HotchkisB, Domas Hubbard, jr., John II. Hubbard, James R. Hubbell, Hulburd, James Humphrey, Ingersoll, .Tenckes, Julian, Kelley, Kelso, KetcUam, Lafiin, Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, McCiurg, McKee, McRuer, Mercur, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Price, Kaymond, Alexander H. Rice, John H. Rice, Sawyer, Schenck, Shellabarger, Sloan, Spalding, Stevens, Thayer, Francis Thomas, John L. Thomas, jr., Trowbridge, Van Aeinam, Burt Van Horn, Warner, Ellihu B. Washburne, Henry D. Washburn, Wm. B. Washburn, Welker, Wentworth, Williams, James P. Wilson, Stephen F. Wilson, Windom, Woodbrldge — 110. And on motion of Mr. Conkling, its further consideration was postponed 'until the second Tuesday in April. There was no further vote on it. In Senate. February 13 — Mr. Fessenden reported the same resolution, which was laid over, and not agaiii considered. Beport Concerning Tennessee. In House. March 5, 1866 — Mr. Bingham reported from the Select Joint Committee on Reconstruction this Joint Resolution concerning the State of Ten- nessee. Sesolved, die., That whereas the people of Tennessee h^ive made known to the Congress of the United States their desire that the consti- tutional relations heretofore existing between them and the United States may be fully estab- lished, and did, on the twenty-second day of February, eighteen hundred and sixty-five, by . a large popular vote, adopt and ratify a consti- tution of government, republican in form and 106 POLITICAL MANUAL. not inconsialent with che Constitution and laws of the United States, and a State government has been organized under the provisions thereof, which said provisions and the laws passed in pursuance thereof proclaim and denote loyalty to the Union ; and whereas the people of Ten- nessee are found to be in a condition to exercise the functions of a State within this Union, and can only exercise the same by the consent of the law-making power of the United States : There- fore, the State of Tennessee iq hereby declared to be one of the United States of America, on an equal footing with the other . States, upon the express condition that the people of Tennessee will maintain and enforce, m good faith, their existing constitution and laws, excluding those who have been engaged in rebellion against the United States from the exorcise of the elective franchise, for the respective periods of time therein provided for, and shall exclude the same persons for the like respective periods of time from eligibility to oflSco; and the State of Ten- nessee shall never assume or pay any debt or obligation contracted or incurred in aid of the late rebellion ; nor shall said State ever in any manner claim from the United States or make any allowance or compensation for slaves eman- cipated or liberated in any way whatever; which conditions shall be ratified by the Legis- lature of Tennessee, or the people thereof, as the Legislature may direct, before mis act shall take effect. The resolution was ordered to be printed, and was recommitted to the committee, and has not been voted on, up to the time this page goes to press. Payment of Bebel Debt. December 19, 1865 — Mr. James F. Wilson re- ported from the Committee on the Judiciary the following joint resolution to amend the Consti- tution of the United States : Be it resolved by the Senate and House of Representatives of the United Slates in Congress atsembled, (two-thirds of both Houses concur- ring,) Tliat the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United .States, which, when ratified by three-fourths ol said legblatures, shall be valid to all intents and purposes as a part of said Constitution, Aetiolb — . No tax, duty, or impost shall be laid, nor shall anv appropriation of money be made, by either the United States, or any one of the States thereof, for the purpose ot paying, either in whole or in part, any debt, contract, or liability whatsoever, incurred, made, or suffered by any one or more of the States, or the people thereof, for the purpose of aiding re- bellion against the Constitution and laws of the United States. Which was passed — ^yeas 131, nays 11, as fol- low: Y£A8 — MesBra. Alley, Ailisoii, Ames, AnderBon, Janiea M. Ashley, Baker,£aldwin, Banks, Barker, Baxter, Beaman, Beo- JamJD, Bergen^ Bidwell, Bingham, Blow, Bontwell, JBoyer, Brandegee, Bromwell, Broomall, Bnckland, Bnndy, Chanletf Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cnl- lorn, Darling,Dawes,DefreeB,Delano, Doming, Dixnn, Donnel- ly, Driggs, Dnmont, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Finck^ Garfield, Grinnell, Griawold, Hale, Abnor C. Harding, Hart, Hayes, Henderson, Higby, Hill, Hoganj Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, Jr., John H. Hubbard, James K. Hubbell, Hulburd, Ingersoll, Jenckes, Jolmson, Julian, Kasson, Kelley, Kelso, Kerr, Ketcham, Etiykendall, Laflin, Latham, George V. Lawrence, William Lawrence^ Loau, Longyear, Lynch, MarsTuiU, Marston, Marvin, ilo» Glurg, McKee^ McRner, Mercur, Miller, Morrill, Monlton, Myers, Newel], Niblajck, NoeU, O'Neill, Orth, Paine, Patter- son, Perhara. Phelps, Pike, Plants, Price, Radford, Samuel J. Randall, William H. Randall, Baymond, Alexander H. moo, John H.Kice, Kollins, iZosf^onsseau, Sawyer, SchenclE, Scofield, Shellabarger, Sitgreaves, Sloan, Smith, Spalding, Starr, Stevens, Stillwell, Slrmise, IMer, Taylor, Thayer, Francis Thomas, John L. Thomas, ThvrrUon, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Voorhees, Ward, Warner, Ellihn B. Washbume, William B. Washburn, Welker, Wentworth, Whaley, Williams, Jamta F. Wilson, Stephen F. Wilson, Wlndom, Wright— Ul. Nats— Messrs. Brooks, Dmisan, Eldridge, Grider, Aaron Bardmg, McCuMomgh, NichdUon, Bitter, Sogers, ShanKltn, Frimble— 11. It was not acted on in the Senate ; but the substance of it is included in the amendment ns finally adopted. IX. MEMBERS OF THE CABINET OF PRESIDENT JOHNSON, AHS O; IHE THIRTY-NHSTTH COlSraRJESS, WITH NAMES OF CLAIMANTS FEOM THE INSUKREOTIONAEY STATES. FBESIDSITT JOHNSON'S CASINET. Becretary of State — William H. Sewaed, of New York. Secretary of Treasury — HuQH MoCuLLooH, of J Indiana. "Secretary of War — Ebwis M. Staition, of Ohio. Secretary of Navy — GiDEOif Welles, of Connec- ticut. Postmaster General — William DENNiSMr, of Ohio. Secretary of Interior — James Haelait, of Iowa. Attorney General — James Speed, of Kentucky. THIBTY-NINIH CONeSESS. Senate. Lafayette S. Fostbb, of Connecticut, President of the Senate, and Acting Vice President. John W. Forney, of Pennsylvania, Secretary. Maine — William Pitt Fessenden, Lot M. Morrill. New Sampshire — Daniel Clark, Aaron H. Cra- gin. r^ermont — Solomon Foot,* Luke P. Poland. Massachusetts — Charles Sumner, Henry Wilson. Rhode Island — Henry B. Anthony, William Sprague. Connecticut — James Dixon, Lafayette S. Foster. New York— ira. Harris, Edwin D. Morgan. New Jersey — William Wright, John P. Stockton.f Pennsylvania — Charles E. Buckalew, Edgar Cowan. Delaware — George Bead Biddle, Willard Sauls- bury. Maryland — John A. J. Creswell, Beverdy John- son. • O^io— John Sherman, Benjamin F. Wade. Kentucky — James Guthrie, Garrett Davis. Indiana — Henry S. Lane, Thomas A. Hendricks. Illinois — Lyman Trumbull, Eichard Yates. *Died March 28,1868. His snccesBor.GeorgeP.Edmunds, qualitied April 5, 1866. t Voted — yeas 23, nays 21 — not entitled to a seat in the Senate, March 27, 1866. The vote on the amendment de- claring him not'snlitled was as toUow : Yeas — Messrs. Brown, Chandler, (Jlafk, Conness, Cragin, Creswell, Tessenden, Grimes, Howard, Howe, Kirkwood, Lane.ofIndiana,JNye, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Wade, Williams, Wilson, Yates — 22. Nats— Messrs. Anthony, BuckaUw, Cowan, Davis, Doo- little, eiitfirie, Harris, Henderson, iJfflidrtofcs, JbAnson, Lane of Kansas, McDoagall, Morgan, Nesmith, Norton, Poland, Riddle, Saulslniry, IrumbuU, Van Winkle, Willey— 21. Missowri — B. Gratz Brown, John B. Henderson. Michigan — Zachariah Chandler, Jacob M. How- ard. * Iowa — James W. Grimes, Samuel J. Kirkwood.* Wisconsin — James B. Doolittle, Timothy O. Howe. California — John Conness, James A. McDougall, Mmnesota — Daniel S. Norton,' Alexander Bam- sey. Oregon — James W. Nesmith, George H. Wil- liams. Kansas — Samuel C. Pomeroy, James H. Lane. West Virginia — Peter G. Van Winkle, Waitman T. Willey. Nevada — James W. Nye, William M. Stewart. Senators Chosen from the late luaarrectionaiy States. Alabama — Lewis E. Parsons, George S. Houston. Arkansas — Elisha Baxter, William D. Snow. Florida — William Marvin, Wilkerson Call. Georgia — Alexander H. Stephens, Herschel V. Johnson. Lomsiana — Eaudall Hunt, Henry Boyce. (E. King Cutler and Michael Hahn also claim under a former election in October, 1864.) Jiiississippi — William L. Sharkey, James L. Alcorn. North Carolina — William A. Graham, Johu Pool. South Carolina — Benjamin F. Perry, John L. Manning. Tennessee — David T. Patterson, Joseph S. Fowler. Texas — • Virginia — John 0. Underwood, Joseph Segar. MEMOBANSUM. Mr. A. H. Stephens was a delegate from Geor- gia to the convention which framed the " Con- federate" constitution, and was Vice President of the "Confederacy" until its downfall. Mr. H. V. Johnson was a seiiator in the rebel con- gress in the first and second congresses, as was Mr. Graham, from North Carolina. Mr. Pool was a senator in the Legislature of North Caro- lina. Mr. Perry was a " Confederate States " judge. Mr. Manning was a volunteer aid to "C Credentials presented January 20, 1366, and he took ilia seat January 21, 1866. 107 108 POLITICAL MANUAL. General Beauregard at Fort Sumter and Manaa- eas. Mr. Alcorn was in the Mississippi militia. House of Bepreseutatives. ScHTJYLEE Colfax, of Indiana, Speaker. Edward MoPherson, of Pennsylvania, Clerk. Maine — John Lynch, Sidney Perham, James G. Blaine, John H. Bice, Frederick A. Pike. New MBrnpshire — Gilman Marston, Edward H. EoUins, James W. Patterson. Vermont — Frederick E. Woodbridge, Justin S. Morrill, Portus Baxter. JfassaoAusetfe— Thomas D. Eliot, Oakes Ames, Alexander H. Ri«e, Samael Hooper, John B. Alley, Nathaniel P. Banks, George S. Bout- well, John D. Baldwin, William B. Washburn, Henry L. Dawes. Rhode hkmd — Thomas A. Jenckes, Nathan F. Dixon. Connecticut — Henry C. Deming, Samuel L. War- ner, Augustus Brandeeee, John H. Hubbard. New York — StepRen Taber, Teunis Q. Bergen, James Humphrey* Morgan Jones, Nelson Taylor, Henry J. Raymond, John W. Chauler, J ames Brookw, William A. Darling, William Eadford, CharW H. Winfield, John H. Ketch- am, Edwin N. Hubbell, Charles Goodyear, John A. Griswold, Eobert S. Hale, Calvin T. Hulburd, James M. Marvin, Demas Hubbard, Jr., Addison H. Laflin, Rosooe Conkling, Sid- ney 1". Holmes, Thomas T. Davis, Theodore M. Pomeroy, Daniel Morris, Giles W. Hotch- kifls, Hamilton Ward, Roswell Hart, Burt Van Horn, James M. Hu/mphrey, Henry Van Aernam. New Jersey — John F. Starr, Williaak A. Newell, Charles Sitgreaves, Andrew J. Bujgers, Edwin E. V. Wright. Pennsylvania — Samuel • J. Randall, Charles O'Neill, Leonard Myers, William D. Eelley, M. Russell Thayer, Benjamin M. Boyer, John M. Broomall, Sydenham E. Ancona, Thaddeus Stevens, MyerStrouse, Philip Johnson, Charles Denison, Ulysses Mercur, George P. Miller, Adam J. Glossbrenner, Alexander H. Cof- frothj, Abraham A. Barker, Stephen F. Wil- son, Glenni W. Scofield, Charles V. Culver, John L. Dawson, James K. Moorhead, Thomas Williams, George V. Lawrence. lyelaware — John A. Nicholson. Maryland— Kixi.'m McCullough, John L. Thomas, Jr., Charles E. Phelps, Francis Thomas, Ben- jamin Q. Harris. Ohio — Benjamin Eggle»ton, Rutherford B. Hayes, Robert C. Schenek, Williaii Lawrence, Francis C. Le Blond, Reader W. Clarke, Sam- uel Shellabarger, James E. Hubbell, Ralph P. Buckland, James M. Ashley, Hezekian S. Bundy, William E. Finck, Columbus Delano, Martin Welker, Tobias A. Plants, John A. Bingham, Ephrajm E. Eckley, Eufus P. Spald- ing, James A. Garfield. Kentucky — Lawrence S. Trimble, Burwoll C. Bitter, Henry Grider, Aaron Harding, Lovell H. Rousseau, Green Clay Smith, George 8. Shankliu, William H. Eaudall, Samuel MoKee. •Died Juno 16, 1868. t Dnsoated April 8, 1866, and William E. Dodge quallflad ftfl his successor* t Admitted to a seat, aa prima faeU case February 19, 1866. July 9. — Committee reported in favor of Wm. H. Koontz, contestant. Indiana -William E. Niblack, Michael n. Kerr Ralph Hill, John H. Farijuhar, Geqrga.W. Julian, Ebenezer Dumont, Daniel W. Voor- hees,* Goulove S. Orth, Schuyler Colfax, Joseph H. Defrees, Thomas N. Stillwell. Illinois — John Wentworth, John P. Farnsworth, EUihu B. Was-hburne, Abner C. Harding, Ebon C. Ingearsoll, Burton C. Cook, Henry P. H. Bromwell, Shelby M. CuUom, Lewis W. Eoss, Anthony Thornton, Samuel S. Marshall,, Jehu Baker, Andrew J. Kuykendall, Samuel W. Moolton. Missouri — John Hogan, Henry T. Blow, Thomas E. Noell, John E. Kelso, Joseph W- Mc- Clurg, Eobert T. Van Horn, Benjamin P. Loan, John F. Benjamin, George W. Anderson. 4ficA^a«-^Fernando C. Beaman, Charles Up- son, John W. Longyear, Thomas W. Ferry, Eowlaud E. Trowbridge, John P. Driegs. Iowa — James F. Wilson, Hiram Price, William B.Allison, Josiah B. GrinnelJ, John A. Kas- son, Asahel W. Hubbard. Wisconsin — HalbertE. Paine, Ithamar C. Sloan, Amasa Cobb, Charles A. Eldrfdge, Philetus Sawyer, Walter D. Molndoe. Califorma — Donald C. McRuer, William Higby, John'Bidwell. Minnesota — William Windom, Ignatius Don- nelly. Oregon — James H. D. Henderson. Kansas' — Sidney Clarke. West Virginia — Chester D. Hubbard, George R. Latham, Kellian V. Whaley. Nevada — Delos R. Ashley. Mem'bers chosen in the late Insurrectionaiy States. Alabama — C. C. Langdon, George C. Freeman, Gen. Cullen A. Battle, Joseph W. Taylor, B. T. Pope, Thomas J. Foster. Arkansas — William Byers, George H. Kyle; James M. Johnson. Florida — P. McLeod. &eorgia — Solomon Cohen, Gen. Philip Cook, Hugh Buchanan, E. G. Cabaniss, J. D. Mat- thews, J. H. Christy, Gen. W. T. Wofford. Louisiana — Louis St. Martin, Jacob Barker, Robert C. Wiokliffe, John E. King, John S. Bay. (Henry C. Warmoth claims seat as delegate, under universal suffrage election.). Mississippi — Col. Arthur E. Eeynolds, Col. Eichard A. Pinson, James T. HarrisoD, A. M. West, E. G. Peyton. North Carolina — Jesse E. Stubbs, Charles C. Clark, Thomas C. Fuller, Col. Josiah Turner, Jr., ■ Lewis Hanea . S. H. Walkup, Alex.'H. Jones. South Carolina — Col. John D. Kennedy, William Aiken, Gen. Samuel McGowan, James Farrow. Tejinessee— Nathaniel G. Taylor, Horace May- nard, William B. Stokes, Edmund Cooper, VaUiam B. Campbell, Samuel M. Arnell, Isaac E. Hawkins, John W. Leftwich. Te!sa,s— VvrgMa-^W. H. B. Custis, Lucius H. Chand- ler, B. Johnson Barbour, Robert Ridgway; Beverly A. Davis, Alex. H. H. Stuart, Robert Y. Conrad, Daniel H, Hoge. » onseatea J-enmary 28, 1806, and Henry B. Washtur:! qualified as his BUccesBor; July 18, Mr. Koontz admitted. VOTES IN THE HOUSE ON REPULCTIONS. 109 MEMOEANDUM. Of the Alabama ddegation, Mr. Battle was a general in the rebel army, and Mr. Foster a representative, in the first and second rebel con- Of the Georgia delegation, Messrs. Cook and Wofford were generals in the rebel service. Of the Mississippi delegation, Messrs. Rey- nolds and Pinson were colonels in the rebel service; Mr. Harrison was a member of the xebel provisional congress. Of tne North Carolina delegation, Mr. FuUei- was a rera-esentative in the first rebel congress, and Mr. Turaer w«s a colonel in the rebel army, and a representative in the second rebel con- gress; Mr. Brown was a member of the State convention which passed the secession ordinance in 1861, and voted for it. Of the South Carolina delegation, Mr. Ken- nedy was colonel and Mr. McGowan brigadier general in the rebel army ; Mr. Farrow was a representative in the first and second rebel con- Of the Virginia delegation, Messrs. Stuart and Conrad were members of the secession con- vention of Virginia, in 1861, and continued to participate after the passage of the ordinance and the beginning of hostilities. X. VOTES IN THE HOUSE OF REPRESENTATIVES ON VARIOUS POLITICAL DECLARATORY RESOLUTIONS. Payment of the Fublic Debt. December 5, 1865 — Mr. gamuel J; BandaU offered this resolution : Mesolved, That, as the sense of this House, the public debt created during the late rebellion was contracted upon the faith and honor of the nation ; that it is sacred and inviolate, and must and ought to be paid, principal and interest ; that any attempt to repudiate or in any manner to impair or scale the s'aid debt shall be univer- sally discountenanced, and promptly rejected by Congress if proposed. which was agreed to — yeas 162, nays 1, as follow : Yeab — Messrs. Alley, Allison, Ames, ATicona, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bergen, Bid well, Bingham, Blaine, Blow, Boutwell, Bayer, Brandegee, Bromweli, Broomall, Buck- land, Bundy, ChanUr, Header W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cnllom, Culver, Darling, Davis, Dawes, Dawson, Defrees, Delano, Deming, Denison, Dixon, Donnelly, Driggs, Dnmont, Eckloy, Bggleston, Eliot, Fatns- worth, Farqiibar, Perry, FCnck, Garfield, GU}8sbrenner, Goodyear, QrinneU,6ri6wold, Hale, Abner C. Harding, Hart, Btiyei, Henderson, Higby, Hill, Bogam,, Holmes, Hooper, Hotchkiss, Asahel w; Hubbard, Chester D. Hubbftrd, Demas Hubbard, jr., John H. Hubbard, Edwin N.HuVbeU,, James R. Hubbell, Hillburd, James Humphrey, James M. ECumphret/, lugersoU, Jenckes, Johnson, Julian, Kassoo, Kelley, Eelso, £err, Eetcham, Euykendal1,'Laflin, Latham, fteorge V. IjAwrence, William Lawrence, Loan, Longyear, Marston, Marvin, McClurg, McOuUough, M'clndoe, MoKee, McRuer, Mercur, Miller, Muorhead, Morrill, Morris, Moul- ton, Myers, Newell, Niblack, Nicholson, Neell, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Pomeroy, Price, Btidford, Samuel J. ^ndaU, William H. Randall, BjQ'mond, Alexander H. 'Rice, Rogers, Rollins, Ross. Saw- yer, Schenck, Scbfield, SkanltUn, Shellaba'rger, Sitgreaves, Sloan, Smith, Spalditig^ Starr, Stsvensj' SHllwell, Strouse, Tdber, Thayer, ffranois Thomas, John L. Thomw, Jr., iWoWWon, Trowbridge, trpson,Burt Tan Horn,Ward,Wam'er, Bllthu B. Washburne, William B. Washburn, "Welker, Wentworth, Whaley, Williams, Wilson, Wiodom, Winjietd, m-igU—lii. Nat— Mr. Trinible. Not Voting — Messrs. BrooJes, EldiUd^e, Qrider, Aaron Bkrding, Le BUmd, Lynch, MarskaU, John H. Rice, Ritter, Aim; Van Awnam, E. T. Van Horn, g. P. Wilson, P. B. 'WoodbridgB-^U. I "Treason Ought to be Fnnished." December 14, 1865 — ^Mr. Henderson, of Ore- gon, submitted the following resolution : Resolved, Thalt treason against the United States Government is a crime that ought to be punished. Mr. Hale moved it be laid on the table whjch was disagreed to ; and, under the previous qu'ea- tion, it was then passed— »yeas 153, nays none, as follow: Yeas — ^Messrs. Alley, Ames, Ancona, Anderson, James M. Ashley, Baker, Bitldwin, Banks, Barker, Beaman, Benjamin, Bergen, Bidwell, Bingham, Blaine, Blow, Boutwell, l^er, Bromweli, Brooks, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dar- ling, Davis, Dawes, Z>aw»on, Defrees, Deming, Z?ems»re,-Dixon, Donnelly, Driggs, Eckloy, Eggleston, Eldrictge, Eliot, Par- quhar,Ferry, JV?w:fc,(?Zoss6re7iner,G'j-Kfer,Qrinuoll,Griswold, Halo, Aaron Harding, Abner C. Harding, Hart, Hayefl,'nen- derson, Higby, Rogan, Holmes, Hooper, Hotchkiss, ASahCl W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, Miwin iV. Eubhell, James R. Hubbell, Hul- burJ, James Humphrey, James M. Humphrey, Ingersoll, Jenckes, Johnson, Julian, Easson, Eelley, Eelso, Kerr, Ketcham, Euykendall, George V. Lawrence, William Law- rence, Le Blond, Loan, Longyear. Lynch, Marshall, Msirston, Marvin, McClurg, 3fcCullough, Mclndoe, McEee, McRner, Mercur, Moorhefta, Morrill, Morris, Mycr^, iVi'cAo^^ap, NoeU, O'Neill, Orth, Pfiine, Perham, Pike, Plants, Price, Radford, Samuel X Randall, William H. Randall, Alexander H. Rice, John H. Rice, Ritter, Sogers, Rollins, Ros-^, lloussean, Saw- yer, Soofleld, ShankUn, Sbellabarger, Sitgreaves, Sloan, Smith, Spalding, Starr, Stevens, Sbrtmse, laher, Taylor, Thayer, JohnL. Thomas, jr., Thornton, TrimbU, Trowbridge, Upson, Van Aernam, Burt VanHorn, Voorhees, Ward, War- ner, BUihu B. Washbnrne, William B. Washburn, Welker, Wentworth, Whaley, Williams, Jamo.H F. Wilson, Stephen P. Wilson, Windom, WinjieJA, Woodbridge — 153. Nats — None. Bepresentation of the late so-called Confed- erate States. December 14, 1865— Mr. James F. Wilson submitted (his resoldtion : Resolved, That all papers which may beoffer-^ ed relaitive to the representation of the late 30-called-ConfSderate States of America, or either of them, shall be referred to the joint committee 110 POLITICAL MANUAL. of fifteen -without debate, and no members shall be admitted from either of sjid so-called States, until Congress shall-deolare such States or either of them entitled to representation. Which was passed— yeas 107, nays 56, as fol- low : YiAS— Meaare. Alloy, Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Seaman, Beivi'amin, Bidwell, Bingham, Blaine, Bontwell, Brandegee, Bromwell, Broomall, Bnckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, CuUom, Defrees, Do- ming, Dixon, Donnelly, Driggs, Bckley, Eliot, Ferry, Grin- nell, Abnor C. Harding, Hart, Hayes, Henderaon, Higby, Holmes, Hooper, HotchkiBS, Asahol W. Hubbard, Chester D. Hnbbard, Demas Hubbard, jr., John H. Hubbard, Huiburd, Ingersoll, Jonckes, Julian, Kolley, Eelso, Eetcham, Kuy- kondall, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Maraton, Marvin, McClurg, Mclndoe, Mc- Kee, McRner, Mercnr, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Price, Alexander H. Rice, John H. Rice, Rol- lins, Sawyer, Scofleld, Shellabargor, Sloan, Spalding, Starr, Stevens, Thiyer, Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward,- Warner, EUihu B. Washburno, William B. Washbum, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wileon, Windom— 107. Nats — Messrs. Ancona^ Bergen, Blow, Soyer, Srooks, l>ax\ing,'DxriB,Daws(m, Venison, Eldridge, Farquhar, ^ficfti, Glossbrenner, ffrtdpr, Griswold, Hale, Bdrdin^, Bill, JBhgan, Edwin K. Mubbell, James R. Hubbell, James Humphrey, Jamet M. Humphrey, Johnson, Kaason, Kerr, Latham, Le Blond, Marshall, Nihiaoh, Meholson, NoeO, Phelps, Bad- ford, Samuel J. Bandall, William H. Randall, Raymond, Bitter, Bogers, Boss, Rousseau, Shanklin, Sitgreaves, Smith, Stillwell, Strouse, Taber, Taylor, Francis Thomas, John L. Thomas, jr., Thornton, Trimble, FoorAeM, Whaley, Wiilfield, Wright— 6e. Mective Franchise in the States. December 18, 1865 — Mr. Thornton submitted this resolution : Whereas, at the first movement toward inde- pendence, the Congress of the United States in- structed the several States to institute govern- ments of their own, and left each State to decide for itself the conditions for the enjoyment of the elective franchise ; and whereas during the period of the confederacy there continued to exist a very great diversity in the qualifications of elec- tors in the several States ; and whereas the Con- stitution of the United States recognizes these diversities when it enjoins that in the choice of members of the House of Eepresentatives the electors in each State shall have the qualifications requisite for the electors of the most numerous branch of the State legislatures ; and whereas, after the formation of the Constitution, it re- mained, as before, the uniform usage of each State to enlarge the body of its electors according to its owii judgment ; and whereas so fixed was the reservation in the habits of the people, and so unquestioned has been the interpretation of the Constitution, that during the civil war the late President never harbored the purpose, certainly never avowed the purpose, of disregarding it : Therefore, Besolved, That any extension of the elective franchise to persons in the States, either by act of the President or of Congress, would be an as- sumption of power which nothing in the Consti- tution of the United States would warrant, and that, to avoid every danger of conflict, the settle- ment of this question should be referred to the several States. Mr. EUihu B. Washburne moved that it be laid on the table ; which was agreed to — yeas 111, nays 46, as follow : ViSAl— MeeKS. Alley, AlUsoD, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barkery Baxter, Beaman, Beqjamin, Bidwell, Hngham, Blow, Bout^rell, Brandegee, Broomall, Bnckland, Bundy, Reader W. Clarke, Sidney Clarke, Conkling, Cook, Darling, Dawes, Defrees, Delano, Deming, Dixon, Drigga, Dumont, Eckley, Eggleston, Eliot, Furnsworth, Garfield, GriDuell, Hale, Abner C. Harding. Hart, Hayes, Henderson, Higby, Holmes, Hooper, Hotchldss. AsahelW. Hubbard, Demas Hubbard, jr., John H.Hubbard. James R. Hubbell, Huiburd, James Humphrey, Jenckes, Julian, Eelley, Kelso, Eetcham, Laflin, Latham, George T- Lawrence, William Lawrence, Loan, Longyear, Lynch, Mar ston, Marvin, McClurg, Mclndoe, McKee, McJEtuer, Mercur, Miller, Moorhead, Morrill, Moulton, Myers, Newell, O'Neill, Paine, Patterson, Perham, Pike, Plants, Price, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schencfc, Scofield, Shellabarger, Spalding, Starr, Stevens, Thayer, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Williama, James F. Wilson, Stephen F. Wileon— 111. Nats — Messrs. .^nco7za,£^en, Bayer, Bromwell, Brooks, ChaTder, Dawson, Denison, Mdridge,'EarqrihBX, Finch,, Gooe^ year, Grider, Aaron Harding, Hill. Hogan, Chester J}," Hubbard, Edwin D. Hubbell, lugersoll, Johnson, Kerr, Eny- kendall, MarsliaU, McOidlmtgh, IfiblacTc, Nicholson, NbeSf Orth, Badford, Samuel J. Bandall, William It. Randall, Bitter, Bogers, Boss, RonaBeKO, Shanklin, Sitgreaoes, Smith, Stillwell, Strouse, Taber, Taylor, Thornton, Trimhle, Whaley, JTriyW— 46. February 26, 1866— Mr. Defrees offered this resolution, which was laid over : Resolved, That it is the opinion of this Honee that Congress has no constitutional right to fix the qualification of electors in the several States. May 21 — It was referred to the Committee on the Judiciary — yeas 86, nays 30. The nays were : Messrs. Ancona, Dawson, Defrees, Denison, Mdridge, eiossbrenner, Ooodyear, Grider, Aaron Harding, Hogan, Edwin N. Hubbell, Jaynes M. Humphrey, Kerr, Euyken-' dall, George V. Lawrence, 'Xe Blond, MeOuHough, MoUkIc, Nicholson, Samuel J. Bandall, Bitter, Bogers, Boss, iSa- greaves, Stillwell, lijfter, Taylor, Henry D. Washburn, Win- field, Wright— W. Test Oath. December 18, 1865— Mr. Hill submitted this resolution : Sesolved, That the act of July 2, 1862, pre- scribing an oath to be taken and subscribed by persons elected or appointed to office under the Government of the United States before enter- ing upon the duties of such office, is of binding force and effect on all departments of the public service, and should in no instance be dispensed' with. Mr. Pinck moved that it be tabled ; which was disagreed to— yeas 32, nays 126, as follow : Tuis— Miaavs. Aneotui, Bergen, Boyer, Brooks, Chanter, Dawson, Dcnisoi Eldridge, Pinck, Grider, Aaron Harding, Harris, Hogan, Jmwin N. Hubbell, Johnson, Kerr, Latham, ' Miiri!iaU,.3lcCuUough, Niblack, Nialwlson, NoeU, Samuel J. BandaU, Bitter, Bogers,Boss, Shanklin, Sitgreaves, Strouse, Taber, Thornton, Urimife— 82. NATSr-Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter. Beaman, Benjamin, Bidwell, Bingham, Blow, Boutwell, Brandegee, Bromwell, Broomall, Bnckland, Bundy, Reader W. Clarke, Sidney Clarke, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Driggs, Dumont, Eggleston, Eliot, Farnaworth, Farquhar, Ferry, Garfield, Grinnell, Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkias, Aaahel W. Hub- bard, Demas Hubbard, jr., John H. Hubbard, .Tames R. Hubbell, Huiburd, James Humphrey, Ingersoll, Jenckes, Julian, Kas8on,KoJley, Kelso, Ketcham, Kuykendall, Lnf' lin, George V. LavTrenco, William Lawrence, Loan, Long. Sear, Lynch, Marston, Marvin, MoClurg, Mclndoe, MoKeo, (cRuer, Mercur, Miller, Moorhead, Morrill, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Price, William H. Randnll, Raymond , Alexander H. Rico, John H. EIoo, Rolllna, Eousaeau, Sawyer, Schench, bcofleld, Shellabarger, Smith, Spalding, Starr, Stevens, Stillwell, Thayer, John L. Thomas, Trowbridge, Upson , Van VOTES IN THE HOUSE ON RESOLUTIONS. Ill Aernam, Burt Vnn Horn, Robert T. Van noru, Ward, War- Mr, Ellilm B. Washbunie, William B. Washburn, Welker, Wentworth, TTlialey, Williams, James S*. Wilson, Stephen t. Wilson— 125. It. then passed. Test Oath for Lawyers. January 15, 1866 — Mr. Stevens offered this resolution : Besolved, That the Committee on the Judi- ciary be instructed to inquire into the expedi- ency of so amending the act of January 24, 1865, relative to the test oath, as to allow attorneys- at-law to practice their profession without taking said oath, on an equal footing with the mem- bers of all other professions. Which was agreed to — ^yeas 82, nays, 77, as follow : Teas — Messrs. Alley, Araes, Ancona, Bergen, Blow, Boyer, Brooks, Buckland, Bundy, Ghanler, Cobb. Cook, Barling, DftTis, Dawson, Denison, Brings, Eldridge, 6'arqnhar, Ferry, Tirnck, Glosshremier,Ooodyear,Qrider, Griswold, Hale, Aaron Harding, Abner C. Harding, Hlgby. Hill, Hogan, Hooper, John H. Hubbard, Edwin N. Hubbell, James R. Hubbell, James Humphrey, Janus M. Humphrey, Ingersoll, Johnson, EssBOn. Kerr, Kuykendall, Latham, George V. Lawrence, Le Blond. SlarshaU, Marston, Mnrrin, McCuUmtgh, McRuer, Miller, Moorhead, NibUick, Nicholson, Noell, Orth, Phelps, Pike, Plants, Pomeroy, Price, EadJ'ffrd, Samuel J. BandaU, Raymond, Ritier, Rogers, Boss, Sawyer, ShanHin, Sitgreaves, &iiith, Stevens, Stillwell, Strouse, Xaber, Taylor, Thayer, Francis Thomas, TliorrUon, Trimble, Trowbridge, Winjield — 82. Nats — Messrs. Allison, Anderson, Belos R. Ashley, James ' M. Ashley, Baker, Banks, Barker, Baxter, Beaman, Ben- iEunin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, iromwell, Reader W. Clarke, Sidney Clarke, Conkling, Dawes, Defrees, Delano, Demine, Dixon, Donnelly, Eek- ley, Bggleston, Eliot, Parnsworth, Grinnell, Hart, Hayes, Henderson, Holmes, Asahel W. Hubbard, Demas Hub- bard, jr., Hulburd, Jenckes, Julian, Eelley, Kelso, Laf- lin, William Lawrence, Loan, Longyear, Lynch, McClurg, HcEee, Mercur, Morrill, Morris, Moulton, O'Neill, Paine, Ferham, tlandall, Alexander H. Rice, John H. Rice, Rollins, Bchenck, Scofield, Shellabarger, Sloan, Spalding, StaiT, John L. Thomas, jr:, Upson, Van Aernam, Burt Van Horn, Ward, Ellihn B. Washburne, William B. Washburn, Welker, Williams, James P. Wilson, Windom, Woodbridge — 77. Endorsement of the President's Policy. December 21, 1865 — Mr. Voorheea submitted these resolutions, which were postponed till January 9, 1866 : Besohied, That the message of the President of the United States, delivered at the present Congress, is regarded by this body as an able and patriotic State paper. 2. That the principles therein advocated for the restoration of the Union are the safest and most-practicable that can now be applied to our disordered domestic affairs. 3. That no State, or any number of States confederated together, can in any manner sunder their connection with the Federal Union, except by a total subversion of our present system of government; and that the President in enuncia- ting this doctrine in his late message has but given expression to the sentiments of all those who deny the right or power of a State to secede. 4. That the President is entitled to the thanks of Congress and the country for his faithful, wise, and successful efforts to restore civil gov- ernment, law, and order to those States whose citizens were lately i» insurrection against the federal authority ; and we hereby pledge our- selves to aid, assist, and uphold him in the policy which he has adopted to give harmony, peace, and uaion to the country. , January 9 — Mr. Bingham offered this sub- stitute : Resolved, That this House has an abiding con- fidence in the President, and that in the future, as in the past, he will co-operate with Congress in restoring to equal position and rights with the other States in the Union all the States lately in insurrection. Mr. Bingham moved to refer the resolutions and the substitute to the Committee on Eecon- struction ; which was agreed to — ^yeas 107, nays 42, as follow: Yeas — Messrs. Allison, Ames, Anderson, James M.Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Davis, Dawes, Defrees, Deming, Donnelly, Driggs, Eggleston, Eliot, Foriy, Garfield, Grin- nell, Hale, A. C. Harding, Hart, Hayes, Henderson, Higby, Uill, Holmes, Hooper, Asahel W. Hubbard, Chester D. Hub- bard, John H. Hubbard, James B. Hubbell, Hulburd, Inger- soll, Jenckes, Julian, Kelley, Kelso, Eetcham, Kuykendall, LafliR, Latham, William Lawrence, Loan, Longyear, Lynch, Marvin, McClurg, McEee, McRuer, Mercur, Miller, Moor- head, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Ferham, Phelps. Mke, Plants, Price, Alex- ander H. Rice, John H. Rice, Rollins, Sawyer, Scofield, Shellabarger, Smith, Spalding, Stevens, Stillwell, Thayer, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Warner, EUihu B. Woshburne, William B. Wash- burn, Welker, Williams, S. F. Wilson, Windom— 107. Nays —Messrs. Ancona, Bergen, Boyer, Brooks, Chcmler, Darling, Dawson, Denism, Eldridge, Glossbremner, Grider, Aaron Barding, Hogan, J. M. Humphrey, Kerr, Le Blond, Marshall, Niblack, Nicholsan, Noell, Radford, Samuel J. Randall, Raymond, Bitter, Rogers, Boss, Strouse, lalm; Taylor, Vaorhees, WinfiOd, Wright — 42. Withdrawal of Military Force. January 8, 1866 — Mr. Thos. Williams submit- ted this resolution : Resolved, That in order to the maintenance of the national authority and the protection oi the loyal citizens of the seceding States, it is the sense of this House that the military forces of the Government should not be withdrawn from those States until the two Houses of Congress shall have ascertained and declared tbeir further presence there no longer necessary. Which was passed — ^yeas 94, nays 37, as follow : Yeas — ^Messrs. Ames, Anderson, Delos R. Ashley, Baker, Banks, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Defrees, Deming, Donnelly, Driggs, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hubbard, Chester- D. Hubbard, John H. Hubbard, James R. Hubbell, Hulburd, Jenckes, Julian, Kelley, Kelso, Ketcbam, Kuykendall, Lafiin, William Law- rence, Loan, Longyear, Lynch, Marvin, McClurg, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moul-. ton, Myers, O'Neill, Orth, Paine, Patterson, Plants, Price, Alexander H. Rice, Rollins, Sawyer, Scofield, Shellabarger, Spalding, Stevens, Thayer, Trowbridge, TJpson, Van Aer- man, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihn B. Washburne, Welker, Williams, Stephen F. Wil- son, Windom — ^94. Nats — Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, Davis, Dawson, Delano, Denison, Eldridge, Glossirenner, Grider, A. Harding, Hogan, Edwin N. Hubbell, James M. Humphrey, Kerr, Latham, Le Blond, Marshall, Niblack, Nicholson, Noell, Samuel J. BandaU, Raymond, Ritier, Sogers, Ross, Smith, Stillwell, Strouse, Taber, Taylor, Voorhees, Winjield, Woodbridge, Wrighf~3!I. The legal Effect of Bebellion. February 19, 1866 — Mr. Longyear* submitted these resolutions : Resolved, That in the language of the procla- *The first two resolutions were offered at the request of Mr. BBOOHAX.L, on previous notice. 112 POLITICAL MANUAL. mation of the Presidsn-t of May 29, 1865, " the ' rehdlion which was waged by a portion of the people of the United States against the properly constitvJted anthorities of the Government there- of in the most violent and revolting form, but , whose organized and armed forces have now been almost entirely overcome, has in its, revolu- tionary progress deprived the people" of the Slates in which it was organized " of all civil government." 2. That whenever the people of any State are thus "deprived of all civil government," it becomes the duty of Congress, T)y appropriate legislation, to enable them to organize a State government, and in the language of the Consti- tution "to guarantee to^uoh State a republican form of government." 3. That it is the deliberate sense of this House that the condition of the rebel States fully justifies the President in maintaining the sus- peiision of the writ of habeas corpus in those States. 4. That it is the deliberate sense of- this House that the condition of the rebel States fully justifies the President in maintaining military possession and control thereof, and that the Presi- dent is entitled to the thanks of the nation for employing the war power for the protection of Union citizens and the freedmen in those States. Mr. Finck moved they be laid on the table ; which was disagreed to — ^yeas 29, nays 119, as follow : Teas — Mesers. Ancoha, Bergen, BrooJeSyChomler, Dawson, Eldndge, JVncfc, Glossbrenner, Goodi/ear, Grider, Aaron Harding, Bhgan, James M. iTuniphrey, Kerr, Le Bland, Afarshall, Mc CidUmgh, Niblack, Nicholson, Badford, Santuel J., Randall, Sitter, Rogers, Ross, Slymldm, Tdber,Tkomton, Trimble, Voorhees — 29. Nats — MeBsre. Allison, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Baiiks, Baxter, Beaman, Benja- min, Bidwell, Bingham, Blaine, BoutwelI,'Bromwell, Broom- all, Reader W. Clarke, Sidney Clarke, Cobb, Oonkling, Cook, Callom, Dawes, Doming, Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Parqnhar, Ferry, Gariield, Grinnell, Griswold, Hale, Abner C. Harding, Hayes, Hen- derson, Higby, Holmes, Hooper, Asahel W, Hubbard, Ches- ter D, Hubbard, Demas Hubbard, John H. Hubbard, James R. Hubbell, Hulburd, James Humphrey, IngersoU, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Knylceudall, L'aflin, Latham, George V. tawrence, William Lawrence, Loan, Longyear, Lynch, Marvin, McClnrg, Mclndoe, McKee, Mo- Bner, MerCHr, Moorhead, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pikq, Plants, Pomeroy, Price, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Rousseau, Saw- yer, Schenck, Scofield, Shellabarger, Sloan, Smith, Spald- ing, Starr, Sterens, Thayer, John L. Thomas, Trowbridge, TJpson, Van Aornam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihn B. Washburne, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge — 119. A division of the question having been de- manded, theirs* resolution waa agreed to — yeas 102, nays 36, as follow : Teas — Messrs, Allison, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, fieiya- min, Bidwell, Bingham, Blaine, Boutwoll, Brandegee, Brom- well, Broomall, Reader W. Clarke, Sidney Clarke, Cobb, Oonkling, Cook, Defrcos, Doming, Donnelly, Driggs, Eckley, Bggleston, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Abner 0. Harding, Hayes, Henderson, Higby, Holmes, Hoop- er, Asahel W. Hubbard, Demas Hubbard, John H. Hub- bard, James E. Hubbell, Hnlburd, IngersoU, Jenckes, Ju- lian, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, William Lawrence, Loan, Longyear, Lynch, Marston, Mar- vin, McClurg, Mclndoe, MoKeo, McRuer, Moorhead, Mor- .rlll, Morris. Moulton, Myers, O'Neill, Orth, Paine, Perham, Pike, Plants, Pomeroy, Pi'Ioe, Wijliam H. Randall, Alexan- der H. Rice, John H. Bice, Rollins, Schenck, Scofleld, ghel- tebaigST, Sloan, Spalding, Starr, Stevens, Thayer, Trow- bridge, Opson, Van Aernam, Ward, Warner, miihu B. Washbnrne, WiHiam B. Washburn, Welker, Wentworth, Wiiliiima, James F. Wilson, Stephen F. Wilson, Wiiidom, Woodbridge — 102. Nays.— Messrs. Ancona, Bergen, Boyer, Broohs, Clianfer, Dawson, Eldridge, Finck, Glossbrenner. Gondi/ear, GriSer, Hale, Aaron Harding, Hngan, Chester D. Hubbard, Kh-r, Latham, McOuUovgh, Mercur, Niblach. Niclmlsam, PlielVa, Radford, Simuel J. Randall, Raymond, Rittcr, R 'gers, Ithss, Rousseau, ShanUin, Smith, Taier, John I.. Thomaa, Thorn- ton, Trimble, Whaley— 36. The second resolution was agreed to — yeas 104, nays 33, as follow : Teas— Messrs. Anderson, Delos R. Ashley, James M.ASh- ley. Baker, Baldwin, ■ Banlis, Baxter, Beaman. Benjamin, Bidwell, Bingham, Boutwell, Brandegee, Bromwell.Broojii- all. Reader W. Clarke, Cobb, Oonkling, Cook, Cullom, De. frees. Doming, Donnelly, Driggs, Eckley, Etglraton, Eliot, Farnsworth, Perry, Garfield, Grinnell, Griswold, Hale, jAb- ner C. Harding, Hayes, Henderson, Higby. Holmes, Hoojir, Hotchkiss, Asahel W. Hubbard. Chester D Hubbard, Deiflaa Hubbard, John H. Hubbard, James R Hnbbi'll, Hulbnrd, IngersoU, Jenckes, Julian, Kelley, Kelso, Ketcham, Liiffln, Williivm Lawrence, Loan, Longyear, Lynch, Marvin, .Vic- Clurg, Mclndoe, McKee, McRuer, Mercur, Moorhead, SJ^r- rill, Morris, Moulton, Myers, O'Neill, Orth. Pnine, Perham, Pike, Plants, Pomeroy, Price. Williiun H. Ilandiill, Ale.wn- der H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Sco- fleld, Shellabarger Sloan, Spalding,, Starr, Stevens, Thayer, John L. Thomas, Trowbridge, Upson, Tan Aernam, Burt Van Horn, Ward, Ellihu B. Wnshburne, William B. Wash- burn, Welker, Wentworth, Williams, James P. Wflson, Stephen P. Wilson, Windom, Woodbridgi^ — 104. Nats — Messrs. Ancona, Bergen, Boj/er, BrooJcs, Clianler, Dawson, Eldridge, Finch, Glossbrenner, Goodyear, Grider, Aaron Harding, Hogam, Kasson, Kerr, Latliam, Le Blond, StcOullouffh. Niblack, Nicholson, Phelps, Rudford, Samuel J.'Rimdall, Raymond, Ritter, Rogers, Ross, SlianJclin, Smith, Taber, Ihamton, Trimble, Whaley— 33. The ftirt? resolution was agreed to^yeasl20,- nays 26, as follow : ' Yeas — Messrs. Allison. Anderson, James M. Ashley, Ba- ker, Baldwin, Bauks, Baxter, Beaman, Benjamin, Bidwell, ijingham, Blaine, Boutwoll, Brandegee, Biomwell, Broom- all, Reader W. Clarke, Sidney Clarke, Cobb, Oonkling, Cook, Cullom, IJawes, Defrees, Doming, Donnelly, Driggs, Eckley. Bggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold, Hale, Abner C. Harding, Hayes, Hen- derson, Higby, Holmes, Hooper, Hotchkiss, Chester D. Hub- bard, Deraus Hubbard, John H. Hubbard, James R. Hubbell, Hulburd, James Humphi'ey, IngersoU, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcliam, Kuykenilall, Laflin, -La- tham, George V, Lawrence, William Lawrence, Loan, Long- year, Lynch. Marston, Marvin, McOlurg, Mclndoe, lilcKee, iVIcRuer, Mercur, Mool'head, Moirill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson. Poi-ha/ii. Phelps, Pike, Plants, Pomeroy. Price, William II.R;indail, Ra>'mQt^d, Alexander I-X. Bice, John H. Rice, Rollins, Sawyi'r, Schenck, Scofield, Shellabarger, Sloan, Smith, Spalding, St,arr, Stevens, Thayer, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Vi'ar- ner, Ellihu B. Washbnrne, William B. Washbm-n, WelMr, Wentworth, Whaley, Williams, James P. Wilsou, Stephen P. Wilson, Windom. Woodbridge — ^120. Nats — Messrs. Ancona, Bergen, Boyer, Brooks, Chanter, Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Grider, Aaron Harding, James M. Humphrey, Kerr, Le Blond. Nc- OulUmgh, Newell, Niblack, Radford, Ritter, Rogers, Ross, Sluaiklin, Taber, Tliamton, Trimble— 26. The first clause of the fourth resolution was agreed to — yeas 118, nays 23, as follow: YEAS'— Moesrs. Allison, Delos B. Ashley, James M. Ashley, Baker, Baldwin, Banks, T flXter. Beaman, Ijenjamin, BiilwQll, Bingham, Blaine, BoutwuU, Brandegee, Brom well, Broomall, Reader W. Clarke, Sidney Clarfco, Cobb, Conlding,«oiiik, Cullom, Dawes, Defrees, Doming, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Parqnhar, Perry, Gariield, Grinnell, Griswold, Hale, Abner C. Hardiiig, Hayes. Hendnrson, .'Hig- by, Holmes, Hooper, Hotchkiss, Chester D. Hubbard, De- mos Hubbard, jr., John H. Hubbard, James H. Iluhbell, Hulburd, James Humphrey, IngersoU, Jenckes, Julian, Kasson, , Kelley, Kelso, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch , Marston, Marvin, McOlurp, Mclndoe. Mc- Kee, McRuer, Mercur, Moorhead', Morris, .Moulton, BJyets, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pliittts, ' Pomeroy. Price, 'William H. Randall^ Raymond. Alexander H. Rice, John H. Rico, Rollins, Rousseau. Sawyer, Soh^p^ijE, Scofleld, Shellabarger, Sloan, Smithy Starr, Stevens, Thayw, Francis Thomas, John L. Thomas, jr., Trowbridge, TTpsc'T, Van Aornam, Burt Van Horn, Robert T. Van Horn, Wa' •!, VOTES IN THE HOUSE ON RESOLUTIONS. 113 Warner, EUiliu B. Waahburne, WllUam B. Washburn, Welkor, Wentworth, Whaley, Williams, James P. Wilson, Stephen V. Wilson, Windom, Woodbridge— 118. , Nats— Messrs. Ancona, Btrgen, Boj/er, Brooks, Dawion, mdridge, Finck, Gloisbrmmr, Goodyear, Aaron Barding, Jimts U. Humphrey, McCfuWmgh, Niblach, Mcholson, Rad- ford, Samud J. BandaU, Bitter, Sogers, Boss, Shanklin, Taber, ThortOon, Trimble— 2S. The second clause of the fourth resolution was agreed to— yeas 135, nays 8, as follow: Ykas — Messrs. Allison, Ancona, Anderson, James M. Ash" ley, Bater, Bfldwin, Banks, Baxter, Beaman, Benjamin, Ber C, Btdwell, Bingham, Blaine, Boutwell, Boyer, Brandegee, imwell, Brooks, Broomall, Reader W. Clarke, Sidney Clarke, Oobb,ConkUng, Cook, Cul lom,Da«json. Dofrees, Dom- ing, Donnelly, Driggs, Eckloy, Eggleston, EldHdge, Eliot, S'arnswortb, Farquliar, Ferry, Fimk, OarBeld, Glossbrenner, Goodyear, Griswold, Hale, AbnerC. Harding, Hayes, Higby, Holmes, Hooper, Hotohkiss, Chester D: Hubbard, Demas Hubbard, John H. Hubbard, James E. Hubbell, Hulbnrd, Jiunes Humphrey, James M. Humphrey, Ingersoll, Jenokes, Johnson, Julian, Kasson, Kelley, Kelso, Kerr, Eetcham, Euykendall, Laflin, Latham, George V. Lawrence, WilUam La\vTence, Le Blond, Loan, Lon^ear, Lynch, Marston, Mai'Tin, UcClurg, Uclndoe, UcEee, Mercnr, Moorhead, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Pat- terson, Perham, Phelps, Pike, Plants, Pomeroy, Price, Bad- ford, Samutt J. BandaU, William H. Randall, Raymond, Alexander H. Bice, John H. Rice, Rollins, Rousseau, Saw- yer, Schenck, ScoSeld, Shellabarger, Sloan, Smith, Spald- ing, Starr, Stevens, Tajber, Thayer, Francis Thomas, John L. Thomac, Thomtoii, Trowbridge, Upson, Van Aernam, Burt Van Horn^bert T. Van Horn, Ward, Warner, Ellihtt B. Washbnme, William B. Washbnrn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge— 135. Nats — Messrs, Grider, Aaron Harding, McOaUottgk, Mcholson, Bitter, Bogers, IStanldin, TrimbU — i. Recognition of State government of Ifortli Caro- lina. March 5, 1866 — The Speakee having proposed to lay before the House a communication signed Jonathan Worth, Governor of North Carolina, Mr. Stevens objected to its reception; and on the question, will the House receive the same, the y«as were 38, nays 100, as follow : Ybas — Messrs. Delos R. Ashley, Bergen, Brooks, Chanler, Davis, Denison, Eldridge, Mnck, Goodyear, Grider, Hale, ^aron Harding, Hogan, Edwin iV. Hvbbell,Ja.r[iea Humphrey, Kerr, Euykendall, Latham, Marshall, McRuer, N§well, Nib- lack, Nicholson, Noell, Phelps, Radford, Raymond, BiUer, Bogers, Boss, Rousseau, ShanHvn, Tiiber, Tayhtr, Thomlon, Trimble, VPhaley. WS»/ieW.— 38. ' Nats— Messrs. Alley, Allison, Ames, Anderson, James M, Ashley, Baker, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell. Batidegee, Bromwell, firo, Shanlc- lin, Sitgreaves, Smith, Stillwell, Strcnise, Taber, Taylor,. Thornton, Trimble, Robert T. Van Horn, Voorhees, Winfj^ — 54. In Senate. June 27, 1866— The bill, as reported (o the Senate from its committee amended, was coa- EJdered, the pending question being Mr. Mor- rill's motion to insert in the first section the words in brackets, below : That from and after the passage of this act, each and every male person, excepting paupers and persons under guardianship, of the- age of twenty-one years and upwards, who has not been convicted of any infamous crime, or offence, and who is a citizen of the United States, and who shall have resided in the said district for the period of six mouths previous to any elec- tion therein, [and excepting persons who may have voluntarily left the District of Columbia to give aid and comfort to the rebels in the late rebellion,] shall be entitled to the elective fran- chise, and shall be deemed an elector and enti- tled to vote at any election in said District, without any distinction on account of color or race. Mr. Morrill moved further to a,mend by in- serting, also, after " therein," the words "and who can read the Constitution of the United States in the English language, and write his name;" whiph was disagreed to — yeas 15, na'ys 19, as follow : Yeas — Messrs. Anthony, Cragin, Edmunds, Pessonden, Po»» tor, Harris, Kirkwood, Morrill, P( land, Pomeroy, Sherman, Trumbull, Wade, Willey, Williams— 15. Nats — Messrs. Brown, Buckalew, Conness, Davis, Grimes, Guthrie, Hendricks, Howard, Howe, .Morgan, Norton, Nye, Ramsey, Sprague, Stewart, Sumner, Van Winkle, Wilson, Yates— 19. Mr. Willey offered this substitute for the bill : In all elections to be held hereafter in the District of Columbia, the following described persona, and thosn only, shallhave the right to vote, namely : first, all those persons who were actually residents of said District and qualified 116 POLITICAL MANUAL. to vot» therein at the elections held therein in the year 1865, under the statutes then in force ; second all persona residents of said District who have been duly mustered into the military .or naval service of the United States daring the late rebellion, and have been or shall hereafter be honorably discharged therefrom ; third, male citizens of the United States who shall have at- tained the age of twenty-one years, (excepting paupers, persons non compotes mentis, or con- victed of an infamous offence,) and who, being residents of the ward or district in which they shall offer to vote, shall have resided in said District for the period of one year next preced- ing any election, and who shall have paid the taxes assessed against them, and who can read, and who can write their names. No further vote has been taken up to date of putting this page to press. West Virginia Bill. February 6, 1866 — The House passed a joint resolution giving the consent of Congress to the transfer of Berkeley and Jefferson counties to West Virginia — ^yeas 112, nays 24; (the latter all Democrats except Mr. Baker.) The Senate passed it, March 6-— -yeas 32, nays 5. — Mr. John- ton, of Maryland, voted aye ; the other Demo- crats, voting, voted nay. £ztending the Homestead Act. In House. February 7, 1866— A bill providing that all the public lands in Alabama, Mississippi, Louis- iana, Arkansas, and Florida, shall be disposed of according to the stipulations of the home- stead law of 1862, no entry to be made for more than eighty acres, and no discrimination to be made on account of race or color, and the min- eral lands to be reserved, was considered. Mr. Taber moved to add this proviso : And provided, also. That nothing in this act shall be so construed as ft) preclude such persons as have been or shall be pardoned by the Presi- dent of the United States for their participation in the recent rebellion from the benefit of (.his act. Which was disagreed to — jcb£ 37, nays 104, as follow : Yeas — Meaara. Delos B. Ashley, Bergen, Boyer, Brooks, Bucklaod, Chanler, Bldridge, FincTe, Glmsbrenner, Grider, Aaron Harding, Hoyan, Chester D. Hubbard, Edwin JV. SttbbeU, James M. SwnpUrey, Kerr, Latham, Xe BUmd, ManltaM, McCulUmgh, McBuer, Niblack, Nicholson, Nbell, Phelps, JRitter^ Rogers, Boss, Skanklin, Sitgi-eaves, Strouse, Taber, Tayhr,']:hayer,- Thornton, Trimble, FborTwws— 37. Nats — Messrs. Alley, Allison, Ames, James fil. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Udwell, Bingham, Blaine, Blow, B)utwell, Brandegee, Bromwell, Broomall, Bandy, Reader W. Clarke, Sidney Clarke, Cobb, Cookling, Cook, Cnllom, Darling, Davis, Dawes, Defrees, Deming, Donnelly, Driggs, Eckley, Eggles- ton, Bllot, Parna worth, Parquhar, Perry, Qarfleld, Hale, Abpor 0. Harding, Hart, Hayes, Higby, Hill, Hooper, HotchkiSB, DemasUubbt>rd,Jr., John H. Hubbard, Ingersoll, Jenckes, Julian, Easson, Kelloy, Kelso, Kuykendall, Laflin, (ieorgo V. Lawrence, William' Lawrence, Longyear, Lynch, Marston, Marvin, McCIurg, Mclndoe, Mercur, Miller, Moor- bead, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Ferhnm, Price, William H. Randall, Alex- ander H. Rice, John H. Rice, Rollins, Sawyer, Scbonck, Sloan, Smith, Spalding, Starr, Stevens, Trowbridge, Upson, Van Aemam, Burt van Horn, Ward, Warner, Ellthu B. Washbnrne, William B. Washburn, Welker, Wentwortb, James P. Wilson, Stephen F. Wilson, Windom, Wood- bridge — 104, February 8 — The biU passed^ysas 112, nays 29; the latter all Democrats, except Messrs. Driggs and Latham. The bill as finally passed provided that until January 1, 1867, any person applying for the benefit of the act shall swear " that he has not borne arms against the United States, or given aid and comfort to its enemies " Habeas Corpus. In House. March 20 — The bill to amend an act entitled " An act relating to habeas corpus, and regulat- ing judicial proceedings in certain cases," ap- proved March 3, 1863, was passed — ^yeaa 113, nays 31, as follow': Teas — Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley, .Tames M. Ashley, Baker, Baldwin, Banks, Barker. Baxter, Beaman, Bidwell, Bingham, Blaine, Blow, Boutvvcll,' Bromwell, Broomall. Buckland, Bundy, Reader W. Clarke! Conklini^, Cook, Cullom, Delano, Doming, Dixon, Driggs, Dumont, Eggleaton, Eliot, Farnaworth, Parquhar, Ferry, Garfield. Grinnell, Abner C. Harding, Hart, Hayes, Hender- son, Hill, Holmea, Hooper, Asahel W. Habbard, Chester D Hubbard, Demas Hubbard, Jr., John 11. Hubbsrd. James ]l. Hubbell, Hulbnrd, Ingersoll, Jenckes, Easson, Kelley, Eclso, Ketcham, Euykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Loan, Lynch, Marston, Marvin, McClnrg McEee, McRuer, Miller, Moorhead, Morrill, Moi-rin, Moul. ton, Myers, Newell, Noell, O'Neill, Orth, Paine, Perham, Fhelpa, Pike, Plants, Price, William H. Randall, Raymond, John H. Rice, Rollins, Rousseau, Sawyer, Scofield, Shella- barger, Sloan, Smith, Stevens, Stillwoll, Thayer, Trowbridge. Upson, Van Aernam, Burt Van Horn, Robert T. Van Horni Ward, Warner, EUihu B. Washbume, William B. Wash- burn, Welker, Wentwortb, Whal^y, Williams, James P. Wilson, Windom, Woodbridge— 113. Nays — Messrs. Anemia, Bergen, Bayer, Brooks, Charder, Coj)roUi, Dawson, Eldridge, GUtssbrenner, Grider, Hale, Aa- ron Harding, Hogan, JBdioin if. Hubbdl, James M, Hum- phry, Jones, Kerr, Le Bhmd, MarsliaU, McOiiUough, Nich- olson, Samuel J. Randall, Bitter, Rogers, Ross, Sitgrsaves, Strome, Taber, Tharatm, Trimble, Winfidd—Sl. In Senate. April 20 — The bill passed — ^yeas 30, nays 4, as follow : Yeas — Messrs. Anthony, Chandler, Clark, Conness, Cra- gin,Doolittle, Edmunds, Poster, Henderson, Howard, Howe, Johnson, Eirkwood, Lane of Indiana, Morgan, Norton, Nye, Poland, Fomeroy, Ramsey, Sprague, Stewart, Sumnor, Tram- bull, Van Winkle, Wade, Willey, Williams, Wilson, Yates— 30. Nats— Messrs Buckalea, Oidhrie, Hendricks, Saulsbury No Denial of the Elective Franohise on Acoonnt of Color. In House. 1866, May 15 — Pending the bill to amend the organic acts of the territories of Nebraska, Col- orado, Dakota, Montana, Washington, Idaho, Arizona, Utah, and New Mexico, of which this is the ninth section : " That within the territories aforesaid there shall be no denial of the elective franchisa to citizens of the United States becauso of raoo or color, and aU persons shall be equal befpro the law. And all acts or parts of acts, either of Congress or the legislative assemblies of the ter- ritories aforesaid, inconsistent with the pro- visions of this act; are hereby declared null and void." Mr. Le Blond moved to strike it out, which was disagreed to— yeas 36, nays 76, as follow : POLITICAL AND MILITARY MISCELLANEOUS. 117 YkaS— Mebsn Ancana, DeloB R. Ashley, Bergm, Boyer, C7ian*ej", Davnon^ Venistn, MdHdge, Finck^ Cflossorenner, Goodyear, Grider, Aaron Harding, Chester D. Hubbard, Edwin JV. flKiieii, ^err, Kuykendall J,athain, Ze Blond, Marshall, Mblack, Nicholsm, Phelps, William H. Randall, Ritter, Rogers, Ross, Rousseau, Shanklin, Sit^eaves, Strouse, laber, TayUrr, Trimble, Whaley, WriglitSi. Na'ss — Messrs. AllisoD, Ames, Anderson, James M, Ash- ley, Baker, Baldwin, Banks, Buxtor, Bfalne, Blow, Bout- woU, Brandegee, Broomall, Sidney Clarke, Cook, Gullom, Darling, Davis, Dawes, pemiug, Donnelly, Dumont, Bggles- ton, Farnsworth, Ferry, Garfield, Griswold, Hart, Hayes, Higby, Ilulmes, Hooper, Hotohkiss, AsahelW.IIubbard, De- mas Hubbard, John H. Hubbard, Hulburd, IngersoU, Jenckes, Julian, Eolley, Kelso, William Lawrence, Loan, Lougyear, Lynch, Marston, McClurg, McRuer, Mercur, miller, Moortaead, Morrill, Orth, Paine, Patterson, Ferham, Pike, Plants, Price, Rollins, Sawyer, Spalding, Thayer; Trancis Thomas, van Aernam, Burt Van Horn, Ward, Wai'- ner, Gllihu B. Woshburne, William B. Washburn, Welker, Williams, James F. Wilson, Stephen F. Wilson, Win- dom— 76. The bill then passed — yeas 79, nays 43. In Senate. June 29^-The bill was considered but not voted on. * XII. POLITICAL AND MILITARY MISCELLANEOUS. Union Kational Platform, June, 1864. JR&iohed, That it is the highest duty of every American citizen to maintain against all their enemies the integrity of the Union and the par- amount authority of the Constitution and laws of the United States ; and that, laying aside all differences of political opinions, we pledge our- selves, as Union men, animated by a common sentiment and aiming at a common object, to do everything in our power to aid the Government in (juelling by force of arms the Rebellion now raging against its authority, and in bringing to the punishment due to their crimes the Bebels and traitors arrayed against it. Beiolved, That we approve the determination of the Government of the United States not to compromise, with Rebels, or to offer them any terms of peace, except such as may be based upon an unconditional surrender of their hostility and a return to their just allegiance to the Constitu- tion and laws of the United States, and that we call upon the Government to maintain this posi- tion, and to prosecute the war with the utmost possible vigor to the complete suppression of the Rebellion, in full reliance upon the self-saorifi- (»ng patriotism, the heroic valor, and the undying devotion of the American people to the country and its free institutions. Resolved, That as Slavery was the cause, and now constitutes the strengtn of this Rebellion, and as it must be, always and everywhere, hos- tile to the principles of Republican Government, justice, and the National safety demand its utter and complete extirpation from the soil of the Re- public ; and that, while we uphold and maintain the acts and proclamations by which the Govern- ment, in its oWfi^defence, has aimed a death-blow at this gigantic evil, we are in favor, further- more, of such an amendment to the Constitution, to be made by the people^ in conformity with its E revisions, as shall terminate and forever pro- ibit the existence of Slavery within the limits or the jurisdiction of the United States. Resolved, That the thanks of the American people are due to the soldiers and sailors of the Army and Navy, who have periled their lives in defence of their country and in vindication of the honor of its flag ; that the nation owes to them some permanent recognition of their patri- otism and their valor, and ample and permanent provision for those of their survivors who have received disabling and honorable wounds in the service of the country ;■ and that the memories of those who have fallen in its defence shall be held in grateful and everlasting remembrance. Resolved, That we approve and applaud the practical wisdom, the unselfish patriotism, and the unswerving fidelity to the Constitution and the principles of American Liberty, with which Abraham Lincoln has discharged, under circum- stances of unparalleled difiBculty, the great duties aind responsibilities of the Presidential office ; that we approve and endorse, as demanded by the emergency and essential to the preservation of the nation and as within the provisions of the Constitution, the measures and acts which he has adopted to defend the nation against its open and secret foes ; that we approve, especial- ly, the Proclamation of Emancipation, and the employment as Union soldiers of men heretofore held in slavery; and that we have full confi- dence in his determination to carry these and all other Constitutional measures essential to the salvation of the country into full and complete effect. Resolved, That we deem it essential to the general welfare that harmony should prevail in the National Councils, and we regard as worthy of public confidence and official trust those only who cordially endorse the principles proclaimed in these resolutions, 'and which should charac- terize the administration of the Government. Resolved, That the Government owes to all men employed in its armies, without regard to distinction of color, the full protection of the laws of war ; arid that any violation of these laws, or of the usages of civilized nations in time of war, by the Rebels now in arms, should be made the subject of prompt and full redress. Resolved, That foreign immigration, which in the past has added so much to the wealth, devel- opment of resources, and increase of power to 118 POLITICAL MANUAL. this nation — the asylum of the oppressed of all naliona — should.be fostered and encouraged by a liberal and just policy. BcBolvid, That we are in favor of the speedy oonBtruction of the Railroad to the Pacific coast. jResolved, That the National faith, pledged for the, redemption of tbo public debt, must be kept mvioltite, and that for this purpose we recom- mend economy and rigid responsibility in the public expenditures, and a vigorous and just system of taxation ; and that it is the duty of every loyal State*to sustain the credit and pro- mote the use of the National currency. jResolved, That we approve the position taken by the Government that the people of the United States can never regard with indifference the attempt of any European Power to overthrow by force or to supplant by fraud the institutions of any Republican Government on the Wapteru Continent ; and that they will view with ex- treme jealousy, as menacing to the peace and independence of their own country, the. efforts of any such power to obtain new footholds for Monarchical Governments, sustained by foreign military force, in near proximity to the United States. Semociatic National Flatform, Augast, 1864. Resolved, That in the future, as in the past, we will adbere with unswerving iidelity to the Union under the Constitution as the only solid foundation of our strength, security and happi- ness as a people, and as a framework of govern- ment equally conducive to the welfare and pros- perity of all the States, both northern and southern. Sesolved, That this convention does explicitly declare, as the sense of. the American people, that after four years of failure to restore the Union by the experiment of war, during which, under the pretence of a military necessity, or war power higher than the Coutitution, the Constitution itself has been disregarded in every part, and public liberty and private right alike trodden down and the material prosperity of the country essentially impaired— justice, hu- manity, liberty and the public welfare demand that immediate efforts be made for a cessation of hostilities, with a view to an ultimate conven- tion of the States, or other peaceable means, to the end that at the earliest practicable moment peace may be restored on the basis of the Fed- eral Union of the States. Resolved, That the direct interference of the military authorities of the United States in the recent elections held in Kentucky, Maryland, Missouri, and Delaware, was a shameful viola- tion of the Constitution ; and a repetition of such acts in the approaching election will be Md as revolutionary, and resisted with all the means and power under our control. Resolved, That the aim and object of the Dem- ocratic party is to preserve the Federal Union and the rights of the States unimpaired; and they hereby declare that they consider that the administrative usurpation of extraordinary and dangerous powers nb^j; granted by the constitu- tion ; the subversion of the civil By military law in States not in insurrection ; the arbitrary mili- tary arrest, imprisonment, trial and sentence of American citizens in States where civil law kx- ists in full force ; the suppression of freedom o[ speech and of the press ; the denial of the right of asylum ; the open and avowed disregard cf State'rights ; the employment of unusual test- oaths, and the interlerence with and denial of the right of the people to bear arms in their de-, fence, is calculated to prevent a restoration of the Union and the perpetuation of a government deriving its just powers from the consent of the governed. Resolved, That the shameful disregard of the Administration to its duty in respect to our fel- low-citizens who now are, and long have been, prisoners of war in a suffering condition, de- serves the severest reprobation, on the score alike of public policy and common humanity. Resolved, That the sympathy of the Demo- cratic party is heartily and earnestly extended to the soldiery of our army and sailors of our navy, who are, and have been in the field and on the sea, under the flag of their country ; and, in the event of its attaining power, they will receive all the care, protection, and -regard that the brave soldiers and sailors of the Republic have so nobly earned. Call for a National Union Convention, 1866. A National Union Convention, of at least two delegates from each congressional district of all the States, two from each Territory, two from the District of Columbia, and four delegates at large from each State, will be held at the city of Phila- delphia, on the second Tuesday (14th) of August next. Such delegates will be chosen by the electors of the several States who sustain the Administration in maintaining unbroken the Union of the States under the Constitution which our fathers estab- lished, and who agree in the following proposi- tions, viz : The Union of the States is, in every case, in- dissoluble, and is perpetual ; and the Constitu- tion of the United States, and the laws passed by Congress in pursuance thereof, supreme, and con- stant, and universal in their obligation ; The rights, the dignity, and the eqtiality of the States in the Union, including the right of rep- resentation in Congress, are solsmuly guaranteed by that Constitution, to save which from over- throw so much blood and treasure were expended in the late civil war ; There is no right anywhere to dissolve the Union or to separate States from the Union, either by voluntary withdrawal, by force of arms, or by Congressional action ; neither by the secession of the States, nor by the exclusion of their loyal and qualified representatives, nor by the National Government in any other form ; Slavery is abolished, and neither can, nor ougit to be, re-established in any State or Territory within our jurisdiction- Each State has the undoubted right to pre- scribe the qualifications of its own electors, and no external power rightfully can, or ought to, dictate, control, or influence the free and volun- tary action of the States m the exercise of thai right; The maintenence inviolate of the rights of tho States, and especially of the right of each State POLITICAL AND MILITAKT MISCELLANEOUS. 119 to order and control its oWu domestic couoeruB, according to its own judgment exclusively, sub- ^ ject only to the Constitution of the United States, ' is essential to that balance of power on which the perfection and endurance of our political fabric depend, and the overthrow of that system by the usurpation and centralization of power in Congress would be a revolution, dangerous to re- publican government and destructive of liberty ; Each House of Congress is made by the Con- stitution the sole judge of the elections, returns, and qualifications of its members ; but the exclu- sion of loyal Senators and Representatives, prop- erly chosen and qualified under the Constitution and laws, is unjust and revolutionary ; Every patriot should frown upon all those acts and proceedings everywhere, which can serve no other purpose than to rekindle the animosities of war, and thp effect of which upon our moral, social, and material interests at .home, and upon our standing abroad, differing only in degree, is inj urious like war itself ; The purpose of the war having been to pre- serve the Union and the Constitution by putting down the rebellion, and the rebellion having been suppressed, all resistance to the authority of the General Government being at an end, and the war having ceased, war measures sKonld also cease, and should be followed by measures of peaceful administration, so that union, har- mony, and concord may be encouraged, and in- dustry, commerce, and the arts of peace revived and promoted ; and the early restoration of all the States to the exercise of their constitutional powers in the national Government is indis- pensably necessary to the strength and the de- fence of the Republic, arid to the maintenance of the public credit ; All such electors in the thirty-six States and nine Territories of the United States, and in the District of Columbia, who, in a spirit of patriot- ism and love for the Union, can rise above per- sonal and sectional considerations, and who desire to see a truly National Union Convention, which shall represent all the States and Terri- tories of the Union, assemble, as friends and brothers, under the national flag, to hold coun- sel together upon the state of the Union, and to take measures to avert possible danger from the same, are specially requested to take part in the choice of such delegates. But no delegate will take a seat in such con- vention who does not loyally accept the national situation and cordially endorse the principles above set forth, and who is not attached, in true ftllegiance, to the Constitution, the Union, and the Government of the United States. WASHiNflTON, June 25, 1866. A. W. Raudall, President. J. R. DOOLITTLE,. 0. H. Bbownino, Edsae Cowan, Chaeles Knap, Samuel Fowlee, Executive Coirnnittee National Union Oluh. We recommend the holding of the above con- tention, and endorse the call therefor. Daniel S. Nojeiton, James Dixon, J. W. Nesmith, T. A. Hendbioks,* Address of Bemocratic Congressmen) 1866. To the People of the Vhiied States : Dangers threaten. The Constitution — the citadel of our liberties — is directly assailed. Th^ future is dark, unless the people will come to the rescue. In this hour of peril National Union should be the watchword of every true man. As essential to National Union we must main- tain unimpaired the rights, the dignity, and the equality of the States, incliiding the right of representation in Congress, and the exclusive right of each State to control its own domestic concerns, subject only to the Constitution of the United States. After a uniform construction of the Constitu- tion for more than half a century, the assump- tion of new and arbitrary powers in the Federal Government is subversive of our system and de strnctive of liberty. A free interchange of opinion and kind feeling between the citizens of all tne States is necessary to the perpetuity of the Union. At present eleven States are excluded from the national council. For seven long months the present Congress has persistently defied any right of representation to the peoplt of these States. Laws, affecting their highest and dearest inter- ests, have been passed without their consent, and in disregard of the fundamental principle of free government. This denial of representation has been made to all the members from a State, although the State, in the language of the Presi- dent, " presents itself,*not only in an attitude of loyalty and harmony, but in the persons of rep- resentatives whose loyalty cannot be questioned under any existing constitutional or legal test." The representatives of nearly one-third of the States have not been consulted with reference to the great questions of the day. There has been no nationality surrounding the present Congress. There has been no intercourse between the repre- sentatives of the two sections, producing mutusil confidence and respect. In the language of the distinguished lieutenant general, " It is to be regretted that, at this time, there cannot be a greater commingling between the citizens of the two sections, andT particularly of those intrusted with the law-making power." This state of things should be removed at once and forever. Therefore, to preserve the National Union, to vindicate the sufficiency of our admirable Con- stitution, to guard the States from covert at- tempts to deprive them of their true position in the Union, and to bring together those who are unnaturally severed, and for these great national purposes only, we cordially approve the call for a National TJnion Convention, to be held at the city of Philadelphia, on the second Tuesday (14th) of August next, and endorse the princi pies therein set forth. We, therefore, respectfully, but earnestly, urge upon our fellow-citizens in eafih State and Territory and congressional district in the Uni ted States, in the interest'of. Union and in a spirit of, harmony, and with direct reference to the principles contained in said call, to act promptly in the selection of wise, looderate, and oonservatiTe men to represent them in said Con- 120 POLITICAL MANUAL. vention, to the end that all the States shall at once be restored to their practical relations to the Union, the Constitution be maintained, and peace bless the whole country. W. E. Niblack, Reverdy Johnson, Anthony Thornton, Thos. A. Hendricks, Michael C. Kerr, Wm. Wright, G. S. Shanklin, James Guthrie, Garrett Davis, J. A. McDougall, H. Grider, Wm. Badfor(i; Thomas E. Noell, S. S. Marshall, Samuel J. Randall, Myer Strouse, Lewis W. Roas, Chas. Sitgreaves, Stephen Taber, S. E Anoona, J. M. Humphrey, E. N. Hubbell, John Hogan, B. C. Bitter, B. M. Boyer, A. Harding. Teunis G. Bergen, A. J. Glossbrenner, Chas. Goodyear, E. B. V. Wright, Chas. H. Winfield, A. J. Rogers, A. H. Coffroth, H. McCullough, Lovell H. Rousseau, F. C. Le Blond, Philip Johnson, W. E. Finck, Chas. A. Eldridge, L. S. Trimble, John L. Dawson. Washington, July 4, 1866. The Elections of 1866. New Hampshiee — Smyth, Union, 35,018 ; Sin- clair, Democrat, 30,176. CoKNEOTiouT — Hawley, Union, 43,974 ; Eng- lish, Democrat, 43,433. Ehode Island — Burnside, Union, 8,197 ; Pierce, Democrat, 2,816. ' Oeegon — Wood*, Union, 327 majority. At the special election in Conneotiout, in the fall of 1865, on sufifrage, the vote stood : For colored suffrage, 27,217 ; against, 33,489. majorihr against, 6,272. In West Virginia, a vote was taken in May, on ratifying this constitutional amendment : " No person who, since the 1st day of June, 1861, has given or shall give voluntary aid or assistance to the rebellion against the United States, shall be a citizen of this State, or be al- lowed to vote at any election held therein, un- less he has volunteered into the military or naval service of the United States, and has been or shall be honorably discharged therefrom." The majority in its favor is' 6,922. In the Territory of Nebbaska, a. vote was taken, with this result : For the proposed State constitution, 3,938 ; against it, 3,838. Congress — Marquette, Union, 4,110 ; Brooke, Democrat, 3,- 974. Governor — Butler, Union, 4,093 ; Morton, Democrat, 3,948. Correspondonoe between General Grant and Gen- eral Lee. Apbil 7, 1865. Gon. R. E. Lee, Corrimamding 0. 8. A. : Gbneeal : The result of the last week must convince you of the hopelessness of further re- sistance on the part of the Army of Northern Virginia in this struggle. I feel that it is so, and regard it as my duty to shift from myself the responsibility of any further effusion of blood, by asking of yoi' the surren ler of that portion of the Confederate States army known as the Army;; of Northern Virginia. i ■:.„; Very respectfully, your obedient servant, i' U. S. Grant, IAruI. Gen.,,-',.. Commanding Armies of the. United States,, Apbil 7, 1865. General: I have received your note of thii, date. Though not entirely of the opinion yotf^ express of the hopelessness of the further resist-,;- ance or. the part of the Army of Northern Vir- ginia, I reciprocate your desire to avoid a useless effusion of blood, and therefore before considering your proposition I ask the terms you will offer on condition of its surrender. E. E. Lee, General. ' To Lieut. Gen. Grant, Commandiiig Armies of^ the United States. '' April 8, 1865. General R. E. Lee, Commanding C. S. A.: GeneeAL; Your note of last evening, in reply to mine of same date, asking conditions on which I will accept the surrender of the Army of North- ern Virginia, is just received. -■-,< In reply I would say that peace being my first desire, there is but one condition I insist upon, viz? That the men surrendered shall be disqual- ified for taking up arms again against the Govern- ment of the United States, until properly ex- changed. I will meet you, or designate officers to meet any officers you may name, for the same purpose, at any point agreeable to you, for the purpose of arranging definitely the terms upon which the surrender of the Army of Northern Virginia will be received. Very respectfully, your obedient servant, ' U. S. Gbant, LieiU. Gen., Commanding Armies of the United States. April 8, 1865. General: I received, atalatehour, your note of to-day, in answer to mine of yesterday. I did not intend to propose the surrender of the Army of Northern Virginia, but to ask the terms of your proposition. Tobefrank, I donotthink the emergency has arisen to call for the surren- der of this army ; but as the restoration of peace should be the sole object of all, I desire to know whether your proposal would tend to that end. I cannot, therefore, meet you with a view to surrender the Army of Northern Virginia; but as far as your proposition may affect the Confed- erate States forces under my command, and tend to the restoration of peace, I should be pleased to meet you at 10 A. M. to-morrow, on the old stage road to Richmond, between the picket lines' of the two armies. Very respectfully, your obedient servant, R. E. Lee, General, C. 8. A. To Lieut. Gen. U. S. Grant, Commanding Armies U. S. A. General R. E. Lee, Comman^ng C. 8. A..- - Geneeal: Your note of yesterday is received. As I have no authority to treat on the subject of peace, the meeting proposed for 10 A. M. to-dajri could lead to no good. I will state, however^ General, that I am equally anxious for peace POLITICAL MILITARY MISCELLANEOUS. 121 ffith yourself, and the whole North entertain the i&me feeling. The terms upon which peace can be had are well understood. By the South laying down their arms they will hasten that most desirable event, save thousands of human lives, and hun- dreds of millions of property not yet destroyed. Sincerely hoping that all our difBoulties may be settled without the loss of another life, I sub- scribe myself, very respectfully, your obedient [ servant, U. S. Geant, Lieut. Gen. U. 8. A. Apeil 9, 1865. General : I received your note of this morn- ing on the picket line, whither I had come to meet you and ascertain definitely what terms were embraced in your proposition of yesterday with reference to the surrender of this army. I now request an interview in accordance with the offer conteined in your letter of yesterday for that purpose. Very respectfully, your obedient servant, R. E. Lee, General. To Lieut. Gen. Grant, Com'g U. S. Armies. April 9. General E. B. Lee, Commanding G. S. A.: Your note of this date is but this moment (11.50 A. M.) received, in consequence of my liaving passed from the Lynchburg road to the F armville and Lynchburg road. 1 am at this writing about four miles west of Walter's Church, und will push forward to the front for the pur- pose of meeting you. Notice sent to me on this road where you wish the interview to take place, will meet me. Very respectfully, your obedient servant, U. S. Grant, Lieut. Gen., Commanding Armies of United States. Appomattox C. H., April 9, 1865. General E. E. Leb, Commanding 0. 8. A. : In accordance with the substance of my letter to -you of the 8th instant, I propose to receive the surrender of the Army of Northern Virginia on the following terms, to wit: EoUs of all the officers and men to be made in duplicate, one copy to be given to an officer designated by me, the other to be retained by such officer or officers as you may designate. . The officers to give their individual paroles iitit to take arms against the Government of the United States until properly exchanged, and eaeh company or regimental commander sign a like parole for the men of their commands. The arms, artillery, and public property to be parked and stacked, and turned over to the officers ap- pointed by me to receive them. This will not embrace the side-arms of officers, nor their pri- vate horses or baggage. This done, each officer and man will be al- lowed to return to their homes, not to be dis- turbed by United States authority so long as they. observe their parole and the laws in force where they may reside. Very respectfully, U. S. Grant, lAeut. Gen. Headu'rs Army op Northern Virginia, April 9, 1865. Lieut. Gen. U. S. Grant, Com'g U. 8. Armies • General : I have received your letter of this date containing the terms, of surrender of the Army of Northern Virginia, as proposed by you. As they are substantially the same as those expressed in your letter of the 8th instant, they are accepted. I will proceed to designate the proper officer to carry the stipulations into effect. Very respectfully, your obedient servant, R. E. Lee, General. The other Eebel armies subsequently surren dercd on substantially the same terms. Agreement between Generals Sherman and Johnston. Memorandum, or Basis of Agreement, made this 18th day of April, A. D. 1865, near Durham's Station, in the State of North Carolina, by and between General JoslJ)h E. Johnston, commanding Confederate army, and Major General William T. Sherman, commanding Army of the United States, both being present : 1. The contending armies nqw in the field to maintain the status quo, until notice is given by the commanding general of any one to its oppo- nent, and reasonable time, say forty-eight hours, allowed. 2. The Confederate armies now in existence to be disbanded and conducted to their several State capitals, therein to deposit their arms and public property in the State arsenal, and each officer and man to execute and file an agreement to cease from acts of war, and to abide the action of both State and Federal authorities. The number of arms and munitions of war to be reported to the Chief of Ordnance at Washing- ton city, subject to the future action of the Con- gress of the United States, and in the meantime to be used solely to maintain peace and order within the borders of the States respectively. 3. The recognition, by the Executive of the United States of the several State governments, on their officers and legislatures taking the oath prescribed by the Constitution of the United States ; and where conflicting State governments have resulted from the war, the legitimacy of all shall be submitted to the Supreme Court of the United States. 4. The re-establishment of the Federal Courts in the several States, with powers as defined by the Constitution and laws of Congress. 5. The people and inhabitants of all these States to be guaranteed, so far as the Executive can, their political rights and franchise, as well as their rights of person and property, as defined by the Constitution of the United States, and of the States respectively. 6. The Executive authority of the Govern- ment of the United States not to disturb any of the people by reason of the late war, so long as they live in peace and quiet, and abstain from acta of armed hostility, and obey the laws in existence at the place of their residence. 7. In general terms, the war to cease, a gen- eral amnesty, so far as the Executive of the United States can boin'mand, on the condition of the disbandment of the Confederate armies, dis- 122 POLITICAL MANUAL. tribution of arms, and the resumption of peace- able pursuits by the officers and men hitherto composing such armies. Not being fully em- powered 'by our respective principals to fulfil these terms, we individually and officially pledge ourselves to promptly obtain an answer thereto, nnd to carry out the above programme. W. T. Shebman, Maj. G-en., Commanding Army U. S. in N. 0. J. E. JOHlfSTOH, General, Commanding C. 8. A. in N. C. The following official dispatch to the Asso- ciated Press gives the particulars of its disap- proval, and the supposed reasons therefor : Washington, April 22. — Yesterday evening a bearer of despatches arrived from General Sher- man. An agreement for a suspension of hos- tilities, and a memorandum of what is called a basis for peace, had been entered into on the 18th iust., by General Sherman with the rebel General Johnston, the rebel General Breckin- ridge being present at the conference. A Cabinet meeting was held at 8 o'clock in the evening, at whitffa the action of General Sher- man was disapproved by the President, the Sec- retary of War, by General Grant, and by every member of the Cabinet. General Sherman was ordered to resume hos- tilities immediately, and he was directed that the instructions given by the late President, in the following telegram, which was penned by Mr. Lincoln nimself, at the Capitol, on the night of the 3d of March, were approved by President Andrew Johnson, and were reiterated to govern the action of military commanders. On the night of the 3d of March, while Presi- dent Lincoln and his Cabinet were at the Capi- tol, a telegram .from General Grant was brought to the Secretary of War, informing him that General Lee had requested an interview or con- ference to make an arrangement for terms of peace. The letter of General Lee was published in a message of Davis to the rebel Congress. General Grant's telegram was submitted to Mr. Lincoln, who, after pondering a few minutes, took up his pen and wrote with his own hand the following reply, which he submitted to the Secretary of State and Secretary of War. It was then dated, addressed, and signed by the Secre- tary of War, and telegraphed to General Grant : Washington, March 3, 1866, 12 P. M.— Lieu- tenant General Grant ; "The President directs me to say to you that he wishes you to have no conference with General Lee, unless it be for the capitulation of General Lee's arnjy, or on some minor and purely military matter. He instructs me to say that you are not to decide, discuss, or confer upon ftny political question. Such ques- tions the President holds in his own hands, and will submit them to no military conferences or conventions. Meantime, you are to press to the utmost your military advantages. Edwin M. Stanton, Secretary of War. After the Cabinet meeting last night. General Grrant started for North Carolina to direct opera- tions against Johnston's army. Edwin M. Stanton, Secretary of War. It is reported that this proceeding of General Sherman was disapproved for the followin'g,, among other, reasons : 1. It was an exercise of authority not vested' in General Sherman, and on its face shows that; both he and Johnston knew that General Shet-' man had no authority to enter into any suqb arrangement. 2. It was a practical acknowledgment of the rebel government. 3. It undertook to re-establish the rebel Stajia governments that had been overthrown at the sacrifice of many thousand loyal lives and im- mense treasure, and placed the arms and muni- tions of war in the hands of the rebels at their respective capitals, which might be used as soon as the armies of the United States were dis- banded, and used to conquer and subdue the loyal States. . .. 4. By the restoration of rebel authority in their respective States they would J)e enabled to re-establish slavery. 5. It might furnish a ground of responsibility by the Federal Government to pay the rebel debt, and certainly subjects the loyal citizens of rebel States to debt contracted by rebels in the 6. It would put in dispute the existence of loyal State governments, and the new State of west Virginia, which had been recognized by every department of the United States Goverh- ' inent. 7. It practically abolished the confiscatioft laws, and relieved the rebels, of every degree, • who had slaughtered our people, from all paias and penalties for their crimes. 8. It gave terms that had been deliberately, repeatedly, and solemnly rejected by President Lincoln, and better terms than the rebels had ever asked in their most prosperous condition. 9. It formed no basis of true and lasting peace, but relieved the rebels from the pressure of our victories, and left them in condition to renew their efforts to overthrow the United States Government and subdue the loyal States whe'never their strength was recruited and any opportunity should offer. General Grant's Orders. [General Orders, No. 3.] Wae Department, Adjutant Genebal's Opfiob, Washington, January 12, 1865. TO peoteot persons against impeopee civil B0IT3 AND PENALTIES IN LATE EEBELLIOtfS STATES. Military division and department commanders, whose commands embrace or are composed of any of the late rebellious States, and who have not already done so, will at once issue and en- force orders protecting from prosecution or suits in Ibe S'ate, or municipal courts of such, State, all ofiioers and soldiers of the armies of the United States, and all persons thereto at- tached, or in anywise thereto belonging, subject to military authority, charged with offences for acts done in their military capacity, or pur- suant to orders from proper military authority ; and to protect from suit or prosecution all loyal citizens, or persons charged with offences ■ dona POLITICAL AND MILITAilY MISoELLAjVfEOXJti. IQh kgainst the rebel forcea, directly or indirectly, I Luring the eiietence of the rebellion; and all )grsons, their agents and employ6s, charged with ihe oocnpancy of abandoned lands or plantations, jri.the posflession or custody of any kind of )roperty whatever, who occupied, used, pos- lessed, or controlled the same pursuant to the j^rder of the President, or any of the civil or nilitary departments of the Government, and to ^otect them from any penalties or damages ihat may have been or may be pronounced or [(fudged in said courts in any of such cases ; ana also protecting colored persons from prose- ;ntions in any of said States charged with of- fences for which white persons are not prosecuted or.punished in the same manner and degree. rBy command of Lieutenant General Grant: E. D. TOWNSEND, Assietant Adjutant General. -' suppression of disloyal newspapers. - Headquarters Armies op United States, Washington, Feb. 17, 1866. rYou will please send to these headquarters as Boon as practicable, and from time to time there- after, such copies of newspapers published in ybur department as contain sentiments of dis- Iqyalty and hostility to the Government in any olits branches, and state whether such paper is habitual in its utterance of such sentiments. I'he persistent publication of articles calculated to 'keep up a hostility of feeling between the people of different sections of the country can- not t)e tolerated. This information is called for with a view to their suppression, which will be* done from these headquarters only. By order of liieutenant General Grant : T. S. Bowers, Asmtdnt Adjutant General. Democratic Convention of Fenn., March 5, 1866. The Democracy of FenDBylvania, in Convention met, rec- ognizing a ciisis in the affairs of the Republic, and esteem- ing the immediate restoration of the Union paramount to all other iBsuea, do resolve : li^That the States, whereof the people were lately Jn rebellion, are integral parte of the Union and ai'e entitled to representation in Congress by, men duly elected who bear true faith to the Constitution and laws, and in order to vindicate the maxim that taxation :without representation Is tyranny, such representatives should be forthwith ad- mitted. 2. That the faith of the Bepublic is pledged to the pay* ment of the national debt, and Congress should pass all laws necessary for that purpose. 3. That we owe obedience to the, Constitution of the United States, (including the amendment prohibiting sla- ^ ^erx)^ and under its provisions vrill accord to those emanci- ; pat&q all their rights of person and property. 4^ That each State has the exclusive right to regulate' the qualifications of its o^n electors, 5. That the white race alone is entitled to the control of the Gbverninentofthe Republic, and we are unwilling to grant the negroes the right to vote. 6. That the told enunciation of the principles of the Gonstitiition and the policy of restoration contained in the recont annual inessage and Freedmen's Bureau veto mes- sage- of President Johnson entitle him to the confidence and fluppprt of all who respect the Constitution and love their country. 7. That the nation owes to the brave men of our armies and navy a debt of lasting gratitude for their heroic services in defence of the Constitution and the Union; and that while we cherish with a tender affection the memories of the J&llon, we pledge to their widows and orphans the na- tion's care and protection. 8. That we urge upon Congress the duty of equalizing the hounties of our soldiers and sailors. ThoifoUowing was also adopted : liesolvedy That the thanks of t-hy Dejnocraoy of Penney!- Viiiaiabe iandsred to the Hou. Charleb R. Buclialew and Hon. Edgar Cowan, for their patriotic support of the Presi- dent's I'estoration policy: and that such thanks are due to all thp democratic members of Congress for their advocacy of the restoration policy of President Johnson. Union Convention of Pennsylvania, March 7. 2. That the most imperative duty of the present is to ^ther the legitimate fruits of the war. In order that our Constitution may come out of the rebellion purified, out institutions strengthened, and our national life prolonged. 3. That failure in these grave duties would be scarcely less criminal than would nave been an acquiescence iu secessioD and in the treasonable mcchiiiiLtions of the con- spirators, and would be an insult to every soldier who took up arms to save the country. 4. That filled with admiration at the patriotic devotion and fearless courage with which Andrew Johnson resisted and denounced the efforts of the rebels to overthrow the National Government, Pennsylvania rejoiced to express her entire confidence in his character and principles, and appre- ciation of his noble conduct, by bestowing her suffrage upon him for the second position in honor and dignity in the country. His bold and outspoken denunciation of the crime of treason, his firm demands for the punishment of the guilty offenders, and his expressions of thorough sympathy with the friends of the Union, secured for him the wai-mest attachinent of her people, who, remembering his great ser- vices and sacrifices, while traitors and their sympathizers alike denounced his patriotic action, appeal to him to stand firmly by the side, and to repose upon the support, of the loyal masses, whose votes formed the foundation of his pro- motion, and who pledge to him their unswerving support in all ineasures by which treason shall be stigmatized, loyalty recognized, and the freedom, stability, and unit'*^ of the Na- tional Union restored. 6. That the work of restoriDg; the late iuBurrectionary States to their , proper relatio^is to the Union necessarily devolves upon the law-making power, and that until such action shall be taken no State lately In insurrection is eiiti- tled to representation in either branch of Congress ; that, as preliminary to such action, it is the right of Congress to investigate for itself the condition of the legislation of those States, to inquire respecting their loyalty, and to prescribe the terms of restoration, and that to deny this necessary constitutional power is to deny and imperil one of the dearest rights belonging to our representative form of gov- ernment, and that we cordially approve of the action of the Union representatives in Congress from Ponnsylvania on this subject.' 6. That no man who has voluntarily engaged in the late rebellion, or h£» held office under the rebel organization, should be allowed to sit in the Congress of the Union, and that the law knovra as the test oath should not be repealed, but should be enforced against all claimants for seats in Congi^esB. 7. That the national faith is sacredly pledged to tbe pay- ment of the national debt incnrred in the war to save the country and to suppress rebellion, and that the people vdll not suffer this faith to be violated or impaired ; but all debts incurred to support the rebellion were unlawful, void, and of no obligation, and shall never be assumed by the United States, nor shall any State be permitted to pay any evi- dences of so vile and wicked engagements. 16. That in thi^ crisis of public affairs, fulY of grateful recollections of his marvellous and memorable services on the field of battle, we -turn to the example of unfaltering and uncompromising loyalty of Lieutenant General Grant with a confidence not less significant and unshaken, because at ho period of our great struggle has his proud name been associated with a doubtful patriotism, or used for sinister purposes by the enemies of our common country. 17. That, the Hon. Edgar Cowan, Senator from Pennsyl- vania, by his course in the Senate of the United States, baa disappointed the hopes and forfeited the confidence of those to whom he owes his place, and that he^ is hereby most earnestly requested to resign. The following resolution was offered as a substitute for the fourth resolution, but after some discussion was with- drawn : That, relying on the well-tried loyalty and devotion of Andrew Johnson to the cause of the'UnioQ in the dai'K, days of treason and rebellion, and remembering his patriotic conduct, services, and sufferings, which in times past en- deared his name to the Union party; and now reposing full confidence iu his ability, integrity, and patri'-tism, we express the hope and confidence that the policy of his Ad- ministration will be so shaped and conducted as to save the nation from the perils which still surround it. The fourth resolution was then adopted— jaiis 100, i^ays 21. 124 POLITICAL MANUAL CroTieral (Jrant'e Order for the Protection of Cit- izens. Headquarters of the Arht, Adjutant General's Office, WAsmNQTON, July 6, 18G6. [General Orders, No. 44.] Department, district, and post commanders in the States lately in rebellion are hereby directed to arrest all persons who have been or may hereafter be charged with the com- misaion of crimes and offences against officers^ agents, citi- eens, and inhabitants of the United States, irrespective of color, in cases where the civil anthorities have failed, neg- lected, or are unable to arrest and bring such parties to trial, and to detain them in militftry confinement nntil sucb time as a proper judicial tribunal maybe ready and willing to try them. A strict and prompt enforcement of this order is required. By command of Lieutenant General Grant: K. B. TOWNSEND, Assisuani A^tant GeneroZ. Unconditional Union Convention of Maryland, June 6| 1866. lUioloid^ That the registered loyal voters of Maryland will luten to no propositions to repeal or modify the regis- try law, which was enacted in conformity with the provis- ions of the coDstitution, and must remain in full force until such time as the registered voters of the State shall decree that the organic law shall be changed. 2. That the loyal people of the State are " the legitimate guardians and depositaries of its power," and that the dis- loyal " have no just right to complain of the hardships of a law which they have themselves deliberately provoked." 3. That it is the opinion of this convention, that if dis- loyal persons should be registered, it will be the duty of Judges of election to administer the oath prescribed by the constitution to all whose loyalty maybe challenged, and, in the language of the constitution, to " ear^fiiUy exdudejrom voting" all that are disqualified. 4. Tliat we cordially endorse the reconstruction policy of Congress, which excludes the leaders of the rebellion from all offices of profit or trust under the National Government, and places the basis of representation on the only Just and honest principle, and that a white man in Virginia or South Carolina should have just as much representative power, and no more, than a white man in Pennsylvania or Ohio. 6. That the question of negro sufftage is not an issue in the State of Maryland, but is raised by the enemies of the Union pnrty for the purpose of dividing and distracting it, and by this means to ultimately enable rebels to vote. 6. That we are pledged to the maintenance of the pres- ent constitution of Maryland, which expressly and em- phatically prohibits both rebel suffrage and negro suffrage, and we aro equally determined to uphold the registry law, which disfranchises rebels and excludes negroes from voting, and have no desire or intention of resciniung or abolishing either the constitution or the registry law. 7. That we warn the Union^ men of Maryltmd "that no Union man, high or low, should court the favor of traitors, as they can never win it— from the first they have held him aa their enemy, and to the last they will be his; and that they should eschew petty rivalries, fHvolous Jealousies, and self-seeking cabala; so shall they save themselves fall- ing one by one, an unpitied sacrifice, in a contemptible struggle." The vote upon the adoption of each resolution was unani- moos, with the exception of the sixth resolution, upon which a division was called, and the result showed 64 yeas to 14 nays. The resolutions were then read as a whole, and adopted nnanimoujl'y as the utterance of the Convendion. Convention of Southern TTnionista. To THE LOTAL UNIONISTS OF THE SoUTH : The great issue is upon us I The minority In Congress, and its supporters, firmly declare tl\at " the rights of the oitizep enumerated In the Constitution, and established by the supremu law, must be maintained inviolate." Rebdls B^d rebel sympathizers assert that " the rights of the citizen must be left to the States alone, and ander snch regulations as the respective States choose voluntarily tc prescribe." We have seen this doctrine of State sovereignty carried out in Its practical results until all authority in CongresE was denied, the Union temporarily destroyed, the constitu* tional rights of the citiraei^of the South nearly annihilated, and the land desolated by civil war. The time has come when the restructure of Southern State government must be laid on constitutional principles, or the despotism, grown up under an atiocious leadership, be permitted to remain. Wo know of no other plan than that Congress, under its constitutional powers, shall now exercise its authority to establish the principle whereby protection is made coextensive with citizenship. We maintain that no State, either by its organic law or legislation can make transgression on the rights of tlic citizen legitimate. We demand and ask yon to concur in demanding protection to every citizen of the great Republic on the basis of equality before the law; and fhrther, thai no State govemnleDt should be recognized as legitiuiatc under the Constitution in eo far as it does not by its oi'gauic law make impartial protection full and complete. Under the doctrine of " State sovereignty." with rebels in the foreground, controlling Southern legislatures, and ein* bittered by ditwppointment in their schemes to destroy tlic Union, there will he no safety for the loyal element of the South. Our reliance for protection is now on Congress, anj the great Union party that has stood and is standing by om nationality, by the constitutional rights of the citizen, and by the beneficent principles of the government. For the purpose of bringing the loyal Unionists of the South into coi^unctive action with the true friends of r& publican government in the North, we invite you to send delegates in goodly numbers from all the Southern States, including Missouri, Kentucky, West Virginia, Maryland, and Belaware, to meet at Independence Hall, in the city 01 Philadelphia, on the first Monday of September next. Il is proposed that we should meet at that time to recommeni! measures for tiie establishment of such government in th( South as accords with and protects the rights of all citizens We trust this call will be responded to by numerous dele gations of such as represent the true loyalty of the Soutl} That kind of government which gives full protection to all rights of the citizen, such as our fathers intended, we clniit as our birthright. Either the lovers of constitutional lib erty must rule the nation or rebels and their sympathizon be permitted to misrule it. Shall loyalty or disloyalty havt the keeping of the destinies of the nation? Let the re sponses to this call which is now in circulation for signatures and is being numerously signed, answer. Notice is givei that gentlemen at a distance can have their names attachet to it by sending a request by letter directed to D. W. Bin^ ham, Esq., of Washington, D. C. Tennessee W. B. Btoebs, Jos. S. Fowler, Jahes Ggttts. SbBOfi A. J. Hamiltox, Geo. W. PA8CHAL, Lorenzo SherwooDi 0. B. Sabin. Georgia G. W. Abhburn, Henrt 0. Cole, • Missouri J. W. McClitro, John B. Kelso, J. F. Benjamin, Geo. W. Anderson. Virffinia ».JohnB. Troth, J. M. Stewart, Wm. N. Berkley, Allen 0. Harmon, Lewis MoKsnzie, J. W. Hdnnioutt, John 0. Underwood, Bubnham Wardwel Alex. M. Davis. I^orth Octrolina Btboh Laflin, Baniel R. GOODLOIU AU^ma .Geobge Bbese, D. H. BlNQHAM, M. B. Saffold, J. H. Labooube, , Washington, July 4, 1806. CENSUS TABLES. 125 1?A n-ms S3 CO .■g-g|° sS gi-g ^1 fc-'*jOF^(0,H»Nfc-N«»g»rt^«Mfc- e9^«OOiHiOO>CO««»OeoOi-(Nffl«« *®'*3S®'^'°S*'''"'*M*'^ac««« ^e3rHrHtoco«iaeee>>anto-4a» ^eOiHHooo>ttiO(Da»aoioau304 «iHN :nW019lrHi-tO1 (OMiHwr-Oia>a»ao)fr--^ao^iH oot-«« r f^^ rt 4eQ u ©fcCiHcf 2 a * p ?2'a 2 *_0 t^'* N »-i CO »0 OJ, rHNO»t-«,wi- efi^- 3 & m 2 S S ft S"^°2 S~E; fe sft- ff^"«"'>^«'' £3 S r^ 5 ^ fc £5 cJ oTn CO "jf cToTiri'to'-^'o lo" . ^ — — 1 di OJ rH eg 1- , 3 ij? CO tjj (L . . , ^ . M O O CO CO 01 U3 UB pH to V, oi lo iH i-t g ^ K o> « «5 ^ ^ hi^il ^ "PS oooc4aDt->aooat.cSto » M H 00 ^t^r^eotaoo'eooo S^iONiaiOiNCOOOCqojrHei SFHiHOOOOtOCOrHCOlOOltOeO ^0(o-^co^e4aitaeqciiQOi-i-Haatw^tatf> SI- ^•■3 rt iO^W^t^^»_00 OSVi— iC0i0«0«3C0rHOOe0<0 Sa^cgt-.oNMeoOM^eoO'OTHt-.pHt, OiOCOUSCOCgOfflrHi-HOKSCiOiO So.-"0)"*oi(»NooMeo»oo.H{o«5 0_W t-j_W i-^r# t-j^i-j_<0 0> O -* fr- lO 00 « rt rH f^'ej'u; rt'tJ'tD ^rH Nitf eicT 9;^ "^^sss^sas^gss^ 2 2 S2 so 9 ,© fc- rHnot*0'^CO«OAaiNOC4iHa Ca)^0>03t-«HM qas^c). i ' »o = = s a B S "evenge. This has been the course" and the policy of one portion of your Government! The humble individual who is now addressing you stands the repreipehtative of another depart- ment of the Govei;hment. The manner in which he wae called upon to occupy that posi- tion I shall not allude to on this occasion. Suffice it to sav that he is here under the Con- stitution of the country, -and being here by virtue of its provisions, he takes his stand upon that charter of our liberties as the great rampart having done so during my whole public career, I shall ever continue to reverence the Constitution of my fathers, and to make it my guide. THearty applause.] 128 POLITICAL MANUAL. I know it has neen said (and I must be per- mitted to indulge in the remark) that the execu- tive department of the Government has been despotic and tyrannical. Let me ask this au- dience of distinguished jgentlemen to point to a vote I ever gave, to a speech I ever made, to a single act of my whole public life, that has not been against tyranny and despotism. What Eosition have I ever occnpied, what ground ave I ever assumed, where it can be truthfully charged that I failed to advocate the ameliora- tion and elevation of the great masses of my countrymen? [Cries of "Never," and great applause.] * So far as charges of this kind are concerned, they are simply intended to delude the public mind into the belief that it is not the designing men who make such accusations, but some one else in power, who is usurping and trampling upon the rights and perverting the principles of the Constitution. It is done by them for the purpose of covering their own acts. [" That's so,' and applause.] And I have felt it my duty, in vindication of principle, to call the attention of my countrymen to their proceedings. When we come to examine who has been playing the part of the tyrant, by whom do we find despot- ism exercised? As to myself, the elements of my nature, the pursuits of my life, have not made me, either in my feelings or in my practice, aggressive. My nature, on the contrary, is rather defensive in its character. But having taken my stand upon the broad principles of liberty and the Constitution, there is not power enough on earth to drive me from it. [Loud and prolonged applause.] . Having placed my- self upon that broad platform, I have not been awed or dismayed or intimidated by either threats or encroachments, but have stood there, in conjunction with patriotic spirits, sounding the tocsin of alarm when I deemed the citadel of liberty in danger. [Great applause.] ■ I said on a previous occasion, and repeat now, that all that was necessary in this great contest against tyranny and despotism was that the struggle should be sufficiently audible for the American people to hear and properly under- stand the issues it involved. They did hear, and looking on and seeing who the contestants were, and what the struggle was about, determined that they would settle this question on the side of the Constitution and of principle. [Cries of " That's so," and applause.] I proclaim here to- day, as I have on previous occasions, that my faith is in the great mass of the people. In the darkest moment of this struggle, when the clouds seemed to be most lowering, my faith, instead of f lying way, loomed up through their gloom ; for, eyond, I saw that all would be well in the end. My countrymen, we all know that, in the lan- guage of Thomas Jefferson, tyranny and despo- tism can be exercised and exerted more effectually by the many than the one. We have seen Con- gress gradually encroach step by step upon con- stitutional rights, and violate, day after day and month after month, fundamental principles of the Government. [Cries of " That's .so," and applause.] We have seen a Congress that seemed to forget that there was a limit to the sphere and scope of legislation. We have seen a Congress in a minority assume to exercise power which, if allowed tobe consummated, would result in'Saa- potism or monarchy itself. [Enthusiastic^ap- plause.] This is truth ; and because others' as well as myself, have seen proper to appeal; to the patriotism and republican feeling or tjle country, we have been denounced in the severest terms. Slander upon slander, vituperation upon vituperation, of the most virulent character, has made its way through the press. What, fentlemen, has been your and my Sir what as been the cause of our offending? I will tell you. Daring to stand by the Constitution of our fathers. Mr. Chairman, I consider the proceedings of this Convention equal to, if not more important than, those of any convention that ever assem- bled in the United States. [Great applause.] When I look upon that collection of citizens coming together voluntarily, and sitting in coun- cil, with ideas, with principles and views cord- mensurate with all the States, and co-extensive with the whole people, and contrast it with a Congress whose policy, if persisted in, will des- troy the country, I regard it as more important than any convention that has sat — at least since 1787. [Renewed applause.] I think I may also say that the declarations that were there made are equal to those contained in the Declaration of Independence itself, and I here to-day pro- nounce them a second Declaration of Independ ence. [Cries of " Glorious ! " and most enthusi- astic and prolonged applause.] Your address and declarations are nothing more nor less than a reaffirmation of the Constitution of the United States. [Cries of " Good I " and applause.] Yes, I will go further, and say that the dec-, larations you have made, that the principles you have enunciated in your address, are a second proclamation of emancipation to the people of the United States. [Renewed applause.] For in proclaiming and reproclaiming these great truths you have laid down a constitutional plat- form on which all, without reference to party, can make common cause, engage in a common effort to break the tyranny which the dominant party in Congress has so unrelentingly exercised, and stand united together for the restoration of the States and the preservation of the Govern- ment. The question only is the salvation of the country ; for our country rises above all party consideration or influences. [Cries of " Good ! and applause.] How jnany are there in the- United States that now require to be free ? They " have the shackles upon their limbs and are bound as rigidly by the behests of party leaders in the National Congress as though they were in fact in slavery. I repeat, then, that your declara- tion is the second proclamation of emancipation to the people of the United States, and offers a common ground upon which all patriots can stand. [Applause.] In this connection,- Mr. Chairman and gentle-1 men, let me ask what have I to gain more than ■ the advancement of the public welfare? I am' as much opposed to the indulgence of egotism as any one ; but here, in a conversational manner, while formally receiving the proceedings of this, Convention, I may be permitted again to inquire, I what have I to gain, consulting human ainbi- PRESIBENT JOHNSON'S SPEECHES. 129 lion, r.iore than I have gained, except one thing -rrthe consummation of the great work of resto- ration ? My race is nearly run. I have been -placed in the high' office which I occupy by the Constitution of the country, and I may say that i have held, from lov?est to highest, almost every -station to which a man may attain in our Gov- ernment. I have passed through every position, from alderman of a village to the Presidency of the, United States. And surely, gentlemen, this should be enough to gratify a reasonable ambi- tion. If I had wanted authority, or if I had wished to perpetuate my own power, how easily could I have held and wielded that which was placed in my hands by the measure called the Freedmen's Biireau bill. [Laughter and applause.] With an -army, whicb it placed at niy discretion, I could have remained at the capital of the nation, and with fifty or sixty millions of appropriations ;at my disposal, with the machinery to be un- locked by my own hands, with my satraps and dependants in every town and village, with the civil rights bill following as an auxiliary, [laugh- ter,] and with tho patronage and other appli- ances of the Government, I could have proclaimed myself dictator. [" That's true I" and applause.] . But, gentlemen, my pride and my ambition havebeen to occupy that position which retains ail power in the hands of the people. [Great cheering.] It is upon them I have always relied ; it is upon them I rely now. [A voice: "And the people will not disappoint you."] And I repeat, that neither the taunts nor jeers of Congress, nor of a subsidized, calumniating press, can^ive me from my purpose. [Great applause.] I acknowledge no superior except my God, the author of my existence, and the people of tile United States. [Prolonged and enthusiastic cheering.] The commands of the one I try to obey as best I can, compatible with poor hu- manity. As to the other, in a political and rep- resentative sense, the high behests of the people have-always been, and ever will be, respected and obeyed by me. [A.pplause.] 1 Mr. Chairman, I have said more than I had intended to say . For the kind allusion to myself, contained in your address, I thank you. In this crisis, and at the present period of my public Iffe, I hold above all price, and shall ever recur with feelings of profound gratification, to the resolution qontaimng the endorsement of a con- vention emanating spontaneously from the great mass of the people. With conscientious convic- tion as my courage, the Constitution as my guide, and niy raith in the-people, I trust and hope that my future action may be such that you and the Conyention you represent may not regret the a^urance of confidence you have so generously exDjjesBed. [" We are sure of it."] Before separating, my friends, one and all, please accept, my heartfelt thanks for the kind ni^nifestationfl of regard and respect you have exjiibited on this occasion. In Kew Yoik, August 29. I Gentlemen; The toast which has just been iiank, and the kind sentiments which preceded it in, the remarks of your distinguished represent- ative, the mayor of this city, are peculiarly, un- der existing circumstances, g^'atifying to me ; and in saying uiey are gratifying to me I wish not to indulge in any vanity. It I were to say less I should not speak the truth, and it is always best to speak the truth arid to give utterance to our sincere emotions. In being so kindly at- tended to, and being received as I have been received on this occasion — here to-night, and in your city to-day by such a demonstration — I am free to confess that this overwhelms me. But the mind would be exceedingly dull and the heart almost without an impulse that could not give utterance to something responsive to what has been said and been done. [Cneers.l And be- lieve me on this occasion, warm is the heart that feels and willing is the tongue tbatspeaks, and I would to God it were in my power to reduce to sentences and to language the feelings and emo- tions that this day and this night have produced. [Cheers.] I shall not attempt, in reference to what has been said and the manifestations that have been made, to go into any speech, or to make any argument before you on this occasion, but merely to give utterance to the sincere senti- ments of my heart. I would that I could utter what I do fe«i in response to this outpouring of the popular heart which has gone forth on this occa- sion, and which will as a legion spread itself and communicate with every heart throughout the Confederacy. [Cheers.] All that is wanting in the great struggle in which we are engaged is simply to develop the popular heart of the na- tion. It is like latent fire. All that is necessary is a sufficient amount of friction to develop the popular sentiment of the popular feeling of the American people. [Cheers.] I know, as you know, that we have just passed through a bloody, perilous conflict ; that we have gentlemen who are associated "With us on this occasion, who have shared their part and participated in these strug- gles for the preservation of the Union. [Great applause.] Here is the Army, [pointing to the right, where sat General Grant,! and here the Navy [pointing to the left in the direction o) Admiral Farragnt.] They have performed theii part in restoring the Government to its pres6n condition of safety and security ; and will it b? considered improper in me, on this occasion, Uf say thjft the Secretary of State has done his part f [Cheers.] As for the humble individual whc- now stands before yoii, and to whom you have so kindly and pleasantly alluded, as to what part he has performed in this great drama, Ie this struggle for the restoration of the Govr ernment and the suppression of rebellion, 1 will say that I feel, though I may be included in this summing up,, that the Government ha.' done its duty. [Cheers.] But though the Gov ernment has done its duty, the work is not yet complete. Though we nave passed through fields of battle, and at times have almost been eonstrained and forced to the conclusion that we should be compelled to witness the Goddess of liberty, as it were, go scourged through fieWfe' of carnage and of blood, and make her exit, and that our Government would be a failure, yet we are brought to a period and to a time in whicli. the Government ha's been successful. While the enemy have been put'down in the'^field there is: .gtill a greater aud more important task for-,.y.,o,n!- 130 POLITICAL MANUAL. and athera to perform. [Cheers.] I must be permitted — and I shall not trespass upon yon a moment — I must be permitted to remark in this connection, that the Government commenced the suppression of this rebellion for the express pur- pose of preserving the union of these States. [Cheers.] That was the declaration that it made, and under that declaration we went into the war and continued in it until we suppressed the re- bellion The rebellion has been suppressed, and in the suppression of the rebellion it haa de- clared and annonrioed and established the great fact that these States had not the power, and it denied their right, by forcible or by peaceable means, to separate themselves from the Union. [Cheers. "Good."] That having been deter- ffiined and settled by the Government of the United States in the field and in one of the departments of Government — the executive de- partment of the Government — there is an open issue; there is another department of your Gov- ernment which has declared by its officials acts, and by the position of the Government, notwith- standing the rebellion was suppressed, for the purpose of preserving the Union of the States and establishing the doctrine that the States could not secede, yet they have practically as- sumed and declared, and carried up to the present point, that the Government was dissolved and the States were out of the Union. [Cheers.] We who contend for the opposite doctrine years ago contended that even the States had not the right to peaceably secede; and one of the means and modes of possible secession was that the States of the Union might withdraw their repre- sentatives from the Congress of the United States, and that would be practical dissolution. We denied that they had any such right. [Cheera.] And now, when the doctrine is established that they have no right to withdraw, and the rebellion is at an end, and the States again assume their position and renew their relations, as far as in them lies, with the Federal Government, we find that when they present representatives to the Congress of the United States, in violation of the eacred charter of liberty, which declares that you cannot, even by amendment of the Constitution of the Unitedi States, deprive any one of them of their representation — we find that in vidlation of the Constitution, in express terms, as well as in spirit, that these States of the Union have been and still are denied their representation in the Senate and in the House of Representatives. Will we then, in the struggle which is now before us, submit, will the American people submit, to this practical dissolution, a doctrine that we have repudiated, a doctrine that we have -declared as having no justice or right ? The issue is before V.ou and before the country. Will these States be permitted to continue and remain as they are in practical dissolution and destruction, so far as representation is concerned? It is giving the lie direct — it is subverting every single argument and position we have made and taken since the rebellion commenced. Are we prepared now, after having passed through this rebellion ; are we prepared, after the immense amount of blood that has been shed ; are we prepared, after having accumulated a'debt of over three thousand mil- lions of dollars j are we prepared, after all the injury that has been inflicted upon the peoplei North and South, of this Confederacy, now to continue this disrupted condition of the country ° [Cries; "No, no!" "Never!" Cheers.] Let me ask this intelligent audience here to-night, in the^ spirit of Christianity and of sound philosophy,- are we prepared to renew the scenes through which we have passed ? ["No! no ! no !"J Are^ we prepared again to see one portion of this Government arrayed in deadly conflict against another portion ? Are we prepared to see the North arrayed against the South, and the South against the North ? Are we prepared, in this fair and happy Government of freedom and , of liberty, to see man again set upon man, and in the name of God lift Tlis hand against the throat - of his fellov; ? Are we again prepared to see these fair fields of oprs, this land that gave a brother birth, again drenched in a brother's blood? [" Never, never." Cheers.] Are we not rather prepared to bring from Gilead the balm- that has relief in its character and pour it' iiito the wound?- [Loud cheering.] Have not we seen enough to talk practically of this matter? Has not this array of the intelligence, the in- tegrity, the patriotism, and the wealth a right to talk practically ? Let us talk about this thing. We have known of feuds among families of the most respectable character, which would separate, and the contest would' he angry and severe, yet when the parties would come together and talk- it all over, and the differences were understood, they let their quarrel pass to oblivion ; and wo have seen them approach each other with affec- tion and kindness, and felt gratified that the feud had existed, because the;? could feel better after- wards. [Laughter and applause. ] They are our brethren. [Cneers.] They are part of ourselves^ P' Hear ! hear I"} Tbe'y are bone of our bone and flesh of our flesh. [Cheers.] They have lived with us and been part of us from the establish'- men t of the Government to the commencement of the rebellion. They are identified with its history, with all its prosperity, in every sense of the word. We have had a hiatus, as it were, but that has'passed by and we have come tcgether again; and now, after having understood what- the feud was, and the great apple of discord re- moved ; having lived under the- Constitution- of theUnited Statesin the pa8t,they ask to live under it in the fuhire. May 1 be permitted to indulge- in a single thought here? Iwill not detain you- a moment. ["Go on." "Go on." "Go on." Cheers.] You [turning to Mayor Hoffman] are responsible for having invoked it. [Laughter;] What is now said, gentlemen, after the Phili!» delphia Convention nas met to pronounce lipou- the condition of the country? What is now said? Why, that these men who met in that Convention were insincere ; that their utterances were worthless; that it is all pretense, and they are not to be believed. When you talk about it, and talk about red-handed rebels, and all> that, who has fought these traitors and rebels' with more constancy and determination than the individual now before you ? Who has sacri- ficed and suffered more ? [Cheers.] But because my sacrifices and sufferings have been great, and' as an incident growing out of a great civil war, should I become -ideaao' inoensible to troth c" PEESIDKlCr JOfll^rSOw'S SPEECIIICS. 131 principle? ["No, no." CheerB.] Bjt these men, Hotwithstanding they may prolesu now loyalty and devotion to the union of tho States, are Biiid to be pretenders, not to be believed. What better evidence can you havd of devotion to the Government than profession and action? Who dare, at this day of religious and political freedom, to set up an inquisition, and come into the human bosom to inquire vAat are the senti- ments there? [Cheers.] Hov/ many men have lived in this Government from its origin to the present time that have been loyal, that have obeyed all its laws, that have paid its taxes, and sustained the Government in the hour of peril, yet in sentiment would have preferred a change, or v/ould have preferred to live under some other form of government? But the best evidence you can nave is their practical loyalty, their professions, and their actions. [" Good," "good,'' and applause.] Then, if these gentlemen in convention, from the North and South, come for- ward and profess devotion to the Union and the Constitution of these States, when their actions and professions are for loyalty, who dare as- sume the contrary ? [Cheers.] If w^ have reached that point in our country's history, all confidence is lost in man. If we have reached that point that we are not to trust each other, and our confidence is gone, I tell you your Govern- ment is not as strong aa a rope of sand. It has no weight; it will crumble to pieces. This Gov- ernment has no tie, this Government has no binding and adhesive power, beyond the confi- dence and trust in the people. ["Hear, hear." Loud applause.] But these men who sit in con- vention, who sit in a city whose professions have been, in times gone by, that they were a peace-loving and war-hating people — they said there, and their professions snould not be doubt- ed, that they have reached a point at which they say peace must be made ; they have come to a point at which they want peace on earth and good-will to men. [Loud cheers.] And now, what is the argument in excuse? We won't believe you, and therefore this dissolution, this practical dissolution, must be continued to exist. Your attention to a single point. Why is a southern man not to be believed ? and I do not speak here to-night because I am a southern Man, and because my infant view first saw the light of heaven in a southern State. [" They are to be believed."] Thank God, though I say it myself, I feel that I have attained opinions and irotionsthat are coextensive with all these States, wijth all the people of them. [Great applause. The whole audience rose and waved their hand- kerchiefs at this sentiment. Voice — " That's the best thing to-night."] While I am a southern man, I am a northern man ; that is to say, I am a citizen of the .United States, [cheers,] and I am willing to concede to all other citizens what I claim formyself. [" Sound."l^But I was going to bring to your attention, as I am up, and you must not encourage me too much, ["Good ! good,! "] for some of those men who have been engaged in this thing, and pretty well broken down, require sometimes a little effort to get them warmed. [Laughter.] I was going to call your attention to a point. The southern States or their leaders proposed a separation. Now, what was the reason that thny offered for that Eepar;i- tion? Your attention. The time has come to think ; llie time has come to consult our brain, and not the impulses and passions of the heart. The time has come when reason should bear sway, and feeling and impulse should be sub- dued. [Cheers.] What was the reason, or one of the reasons at least, that the South gave for separation? It was that the Constitution was encroached upon, and that they were not se- cured in their rights under it. 'That was one of the reasons ; whether it was true or false, that was the reason assumed. We will separate from this Government, they said, because we cannot have the Constitution executed; and, therefore, we will separate and set up the same Constitu- tion, and enforce it under a government of our own. But it was separation. I fought then against those who proposed this. I took my position in the Senate of the United States, and assumed then, as I have sinae, that this Union was perpetual, that it was a great magic circle never to be broken. [Cheers!! But the reason the South gave was that the Constitution could not be enforced in the present ("'ndition of the country, and hence they would separate. They attempted to separate, but they failed. But while the question was pending, they estab- lished a form of government; ana what form of government was it ? What kind of Constitution did they adopt ? Was it not the same, with a few variations, as the Constitution of the United States, [Cheers, and "That's so!"] the Con- stitution of the United States, under which they had lived from the origin of the Government up to the time of their attempt at separation? They made the experiment of an attempted separation under the plea that they desired to live under that Constitution in a government where it would be enforced. We said "You shall not separate, you shall remain with us, and the Constitution shall he preserved and enforced." [Cheers.] 'The rebellion has ceased. And when their arms weri put dov.'n by the Ariny and Navy of the United States, they accepted the terms of the Govern- ment. We said to them, before the termination of the rebellion, " Disband your armies, return to your Original position in the Government, and. we will receive you with open arms." The time came when their armies were disbanded under the leadership of my distinguished friend on the right, [General Grant.] [" Three cheers for General Grant'."] The Army and the Navy dispersed their forces. What were the terms of capitulation? They accepted the proposition of the Government, and said, " We have been mistaken ; we selected the arbitrament of the sword, and that arbiter has decided against us ; and that being so, as honorable and manly men, we accept the terms you offer us." The query comes up, will they be accepted? Do we want to humiliate thein and degrade them, and tread them in the dust ? [" No, no ! " Cheers.] I say this, and I repeat it here to-night, I do not want them to come back into this Union a de- graded and debased people. [Loud cheers.] They are not fit to be a part of this great American family if they are degraded and treated with ignominy and contenjpt. I want them whe-T they I come back to become a part of this great coun 132 POLITICAL MANUAL. try, an honored portion of the American people. I want them to come back with all their man- hood ; then they are fit, and not without that, to be a part of these United States. [Cheers. " Three cheers for Andrew Johnson.".] 1 have not, how- 'goon,- "goon."J Why the southern people and say they are not to be believed ? I have just called your attention to the Constitution under which they were desirous to live, and that was the Constitution of their fathers, yet they wanted it in a separate condi- tion. Having been defeated in bringing about that separation, and having lost the institution of slavery, the great apple of discord, they now, in returning, take up that Constitution, under which they always lived, and which they estab- lished for themselves, even in a separate gov- ernment. Where, then, is the cause for distrust? Where, then, is the cause for the want of con- fidence ? Is there any ? [" No, no."J I do not come here to-night to apologize for persons who have tried to destroy this Government ; and if every act of my life, either in speeches or in practice, does not disprove the charge that I want to apologize for them, then there is no use in a man s having a public record. [Cheers.] But I am one of those who take the southern peo-J khat they can go into the Congress of the United pie, with all their heresies and errors, admitting that in rebellion they did wrong. The leaders coerced thousands and thousands of honest men into the rebellion who saw the old fiag flap in the breeze for the last time with unfeigned sor- row, and welcomed it again with joy and thanks- giving. The leaders betrayed and led the south- ern people astray upon this great doctrine of se- cession. We have m the west a game called hammer and anvil, and anvil and hammer, and while Davis and others were talking about sep- aration in the South, there was another class, Phillips, Garrison, and men of that kind, who were talking about dissolution in the North; and of these extremes one was the hammer and the other was the anvil; and when the rebellion broke out one extreme was carrying it out, and now that it is suppressed the other class are still trying to give it life and effect. I fought those in the South who commenced the rebellion, and now I oppose those in the North who are trying to break up the Union. [Cheers.] I am for the Union. I am against all those who are opposed to the Union. [Great applause.] I am for the Union, the whole Union, and nothing but the Union. [Renewed cheering.] I have helped my distinguished friend on my right, General Grant, to fight the rebels South, and I must not forget a peculiar phrase, that he was going to fight it out on that line. [Applause and laugh- ter.] I was with him, and I did all that I could ; and when we whipped them at one end of the line, I want to say to you that 1 am for whip- ping them at the other end of the line. [Great laughter and applause.] I thank God that if he is not in the field, militarily speaking, thank God ! he is civilly in the field on the other side. [Cheers for Grant.] This is a contest and strug- gle for the Union, for the union of these States. [Applause.] The North can't get along without the South, and the South can't get along with- out the North. ["Tliat's so," and applause.J, I have heard an idea advanced, that if we. let tiiB southern members of Congress in they will con- trol the Government. Do you want to be gov- erned by rebels ? [Cries of "Never," "No, no,"] We want to let loyal men in, [" Hear, hear."] and none but lo^al men. [" Good, good."] But, I ask here to-night, in the face of this intelli- gent audience, upon what does the face of the observation rest, that men coming in from the South will control the country to its destruction? Taking the entire delegation of the South, fiftar- eight members, what is it compared with the two hundred and forty-two members of the rest of the Union ? [" Good boy !"] Is it compliment- ary to the North to say we are afraid of them ? Would the free States let in fifty-eight members from the South that we doubt, that we distrust, that we have no confidence in ? If we bring them into the Government, these fifty-eight representa- itives, are they to control the two hundred and lorty-two? 'There is no argument that the in- ffluence and talent and the principles they can bring to bear against us, placing them in the worst possible light [A voice, " Tne Sumner ar- gumeilt"] can be a cause for alarm. We are represented as afraid of these fifty-eight men, afraid that they will repudiate our public debt; States under the most favorable conditions they could require, the most offensive conditions to us, and could overwhelm a majority of a hun- dred and fifty to a hundred and eighty, [a voice, " Ridiculous''] — that these men are going 1^ take charge of the country. Why, it is croaking-; it is to excite your fears, to appeal to your pre- judice. Consider the immense sums of money that have been expended, the great number of lives that have been lost, and the blood that has been shed ; that our bleeding arteries have been staved and tied up; that commerce, and me- charJcal industry, and agriculture, and all the pursuits of peace restorea, and we are repre- sented as cowards enough to clamor that if these fifty-eight men are admitted as the representa- tives of the South the Government is lost. We are told that our people are afraid of the people of the South ; that we are cowards. [Cries ot " We are not."] Did they control you before the rebellion commenced? Have they any more power now than they had then ? Let me say to this intelligent audience her^ to-night, I am no prophet, but I predicted at different tiraes^ in the beginning of the late rebellion, what has been literally fulfilled. [Cries of " That's so."] I told the southern people years ago, that when- ever they attempted to break up this Union, whenever they attempted to do that, even if they succeeded, that the institution of slavery would be gone. ["Good, good."] Yes, sir, [turning to Mr. SewardJ you know that I made that argu- ment to Jeff^ Davis. You will bear witness to the position I then occupied. Mr. Seward. I guess so. [Applause.] Mr. JoHHSON. Yes, and you were among the few that gave me encouragement. [Applause.] I told them then that the institution of slavery could not survive an attempt to break up this' Union. They thought differently. They put up- a stake: what was it? It was four millions ot PRESIDENT JOHNSOK S SPEECHES. 133 ^liive"'. in wincr. they had invested their capital. Thbir investment in the institution of slavery amounted to $3,000,000,000. This they putupat stake, and said they could maintain it by separat- ing these States That was the experiment ; what are the facts of the result? The Constitution still exists. [Great cheering.] The Union is still pre- served. [Cheers.] They have not succeeded in -going out, and the institution of slavery is gone. [" Hear, hear."] Since it has been gone theyTiave come up manfully and acknowledged the fact in their State conventions and organizations, and they ratify its fall now and forever. [Cheers. ] I have got one other idea to put right alongside of "this. [Applause and laughter.] You have got a debt of about $3,000,000,000. [" That's so."] How are jou going to preserve the credit of that? Will you tell me. [Voices, "You tell us."] How are you to preserve the credit of this : $3,000,000,000 ? Yes, perhaps when the account ismade up your debt will be found $3,000,000,000 or $4,000,000,000. Will you tell me how you are to secure it, how the ultimate payment of the principal and interest of this sum is to be secured ? Is it by having this Government dis- rupted? [Mr. Sewardaudothers, "No, no."] Is it by the division of these States ? [" No."] Is it by separating this Union into petty States ? ["No."] Let me tell you here to-night, my New "York friends, I tell you that there is no way by which these bonds can be ultimately paid, by which the interest can be paid, by- which the national debt can be sustained, but by the con- tinuity and perpetuity and hy the complete union of these States. [Applause.] . Let me tell you who fall into this fallacy, and into this great heresy, you will reap a more bitter reward than the southern brethren have reaped in putting their capital into slavery. Mr. Sewaed; sotto voce. The argumentum ad hominem [" Good."] - Mr. Johnson. Pardon me, I do not exagger- ate, I understand this question. Yon who play a false part, now the great issue is past, you who play into the hands of those who wish to dissolve the Government, to continue the disreputable conditions to impair and destroy the public credit, let us unite the Government and you will have more credit than you need. [Applause.] Let the South come back with its great mineral resources ; give them a chance to come back and bear a part, and I say they will iiiorea'e the national resources and the national capacity for meeting these national obligations. I am proud to say on this occasion, not by way of flattery, to the Jieople of New York, but I am pfbud to find a liberal and comprehensive and jjatriotio view of this whole question on the part of the people of New York. I am proud to find, too, that here you don't believe that your exist- ence depends upon aggression and* destruction ; that while you are willing to live, you are will- ing to let others live. [Applause.] You don't desire £t live by the destruction of others. Some have grown fat, some have grown rich by the aggression and destruction of others. It is for" you to make the application, and not me. These men talk about tliis thing, and ask what is- before you? What is before you? New York, this great State, this great commercial J emporium — I was asking your mayor to-day tlift amount of yonr taxation, and heinlbmis me it is $18,000,000! Wliere did your Government start from but the other day ? Do you remember that when General Washington was inaugurated President, that your annual bill was $2,500,000 for the entire General Government. Yet to-day I am told that my distinguished friend on my left controls the destinies of a city whose taxes amouht to $18,000,000, and whose population numbers four millions — double what the entire nation had at the time when it commenced its existence. General Sandfokd. Our taxation by the Gen- eral Government is $50,000,000. Mr. Johnson. I am simply trying to get at the amount collected to sustain your municipal establishment. TKus may we advance, enter- taining the principles which are coextensive with the States of this Union, feeling, like you, that our system of Government comprehends the whole people, not merely a 'part. [Applause.] New York has a great work to perform in the restoration of this great Union. As I have told you, they who talk about destroying the great elements that bind this Government together deny the power, the inherent power, of the Gov- ernment, which will, when its capacities are put to the test, re-establish and- readjust its position, , and the Government be restored. [Applause.] 1 tell you that we shall be sustained in this effort to preserve the Union. It would be just about as futile to attempt the resistance of the ocean wave, or to check the wind, as to prevent the result I predict. You might as well attempt to turn the Mississippi back upon its source as to resist this great law of gravitation that is bringing these States back and be united with us as strong as ever. I have been called a dem- agogue, and would to God that there were more • demagogues in the land to save it! [Applause.] The demonstration here to-day is the result of some of these demagogical ideas; that the great mass of the people, when called to take care of the people, will do right. A voice. Sure as you are born. [Laughter.] Mr. Johnson. I tell you, you have commencec the grand process now. I tell those present wh( are croaking and talking about individual ag grandizement and perpetuation of party, I tel. them that they had better stand from under [laughter and cheers,] they had better get out of the way [cheers ;] the Government is coming together, and they cannot resist it. Sometimes, when my confidence gives out, when my reason fails me, my faith comes to my rescue, and tells me that this Government will be perpetuated and this Union preserved. [Cheers.] I tell you here to-night, and I have not turned philan- thropist and fanatic, that men sometimes err, and can again do right ; that sometimes the fact that men have erred is thecause of making them better men. [Applause.] I am not for destroy ing all men, or condemning to total destruction all men who have erred once in their lives. 1 believe in the memorable example of Him who came with peace and healing on his wings ; and when he descended and found men condemned unto the law, instead of executing it, instead of shedding the blood of the world, he placed him- 134 POLITICAL MANUAL. - if upon tae cross, and died, that man might be .-:^veu. If I have pardoned many, I trust in God ; Lat I have erred on the right side. If I have pardoned many, I believe it is all for the best interests, of the country ; and so believing, and convinced that our southern brethren virere giv- ing evidence by their practice and profession that thpy were repentant, in imitation of Him of old v/lio died for the preservation of men, I exercised that mercy vfhich I believed to be my duty. I have never made a prepared speech in my life, and only treat these topics as they occur to me. The country, gentlemen, is in your hands. The issue is before you. I stand here to-night, not in the firstsense in the character of the Chief Magistrate of the nation, but as a citizen, defe^nd- ing the restoration of the Union and the per- petuation of the Constitution of my country. Since becoming the Chief Magistrate I have tried to fulfill my duty — to bring about reconciliation and harmony; my record is beforeyou. You know . how politicians will talk ; and if you people will get right, don't trouble yourselves about the pol- iticians, for when the people get right the politi- cians are very accommodating. [Cheers.] But let me ask this avidience here to-night. What am : rto gain by taking the course I am taking if it was not patriotic and for my country? Pardon me ; I talk to you in plain parlance. I have filled every office in this Government. You may talk to me as you will, and slander — that foul wlielp of sin — may subsidize, a mercenary press may traduce and vilify, mendacious and unprin- cipled writers may write and talk, but all of them cannot drive me from my purpose. [" Bravo ! " and cheers.] What have I to gain ? I repeat. From the position of the lowest alderman in your city to President of the United States, I have filled every office to the country. Who can do more ? Ought not men of reasonable am- bition to be satisfied with this? And ought not I to be willing to quit right here, so far as I am concerned? [Applause.] I tell this audience here to-night, that the cup of my ambition has been filled to overflowing, with the exception of one thing. Will you hear what that is? [Cries of '-Yes," and " What is it?"] At this particular crisis and period of our country's history I find . the Union of these Stales in peril. If I can now be instrumental in keeping the possession of it in your hands, in the hands of the people; in. restoring prosperity and advancement in all that makes a nation great, I will be willing to ex- claim, as Simeon did of old — [Three cheers] — as Simeon did of old, of him who had been born in a manger, that I have seen the glory of thy salvation, let thy servant depart in peace. [Ap- plause.] That being doii,e, my ambition is ooin- plete. I would rajher live in history, in the affections of my countrymen, a« having consum- mated this great end, than to be President of the United States forty tiines. [General Sandford called for " Three cheers for Andrew Johnson, the restorer of the Union." Th^ cheers were given.] In conclusion, gentlemen, let ma tender to you my sincere thanks on this occasion. So long as reason continues to occupy her empire, so long as my heart shall beat with one kind emo- tion, BO long as my memory shall contain or be capable of recurring to one event, so long will I remember the kindnesses, so long will I leel the good that has been done on this occasion, and so long will I cherish in ny heart the kindnsss which has been manifested towards me by the citizens of New York. [Immense applause.] The band played " "The Star Spangled Ban- ner," the audience enthusiastically joining in the chorus." President Johnson, having seated him- self, again arose Ujid said : " Gentlemen, in con- clusion, after having consumed more of your time than I intended, I fear unprofitably, let me propose, insincerity, 'The Union, the perpetual Union of these States-' " The toast was drunk with cheers. In Cleveland, September 3. Pellow-Citizens : It is not for the purpose of making a speech that I now appear before you. I am aware of the great curiosity which prevails to see strangers who have notoriety and distinc- tion in all countries. I know a large number of you desire to see General Grant and to hear what he has to say. [A voice, " Three cheers for General Grant." J But you cannot see him to- night. He is extremely ill. I repeat, I am not before you now to make a speech, but simply to make your acquaintancCi to say, "Howareyou?" and to bid you " Good-by." We are now on our way to Chicago, to participate in or witness the laying of the corner-stone of a monument to the memory of a distinguished fellow-citizen who is no more. It is not necessary for me to mention the name of Stephen A. Douglas to the people of Ohio. [Applause.] I am free to say that 1 am flattered by the demonstrations I have wit- nessed, ami being flattered, I don't mean to think it personal, but an evidence of what is pervading the public mind. And this demon- stration is nothing inore nor less than an indica- tion of the latent sentiment of feeling of the great masses of the people with regard to the proper settlement of this great question. I come before you as an American citizen simply, and not as the Chief Magistrate, clothed in the insignia and paraphernalia of state. Being an inhabitant of a State of this Union, I know it has been said that I am an alien [laughter] and that I did not reside in one of the States of the Union, and therefore could not be the Chief Magistrate, though the Consti- tution declares that I must be a citizen to occupy that office ; therefore, all that was necessary was to declare the ofiice vacant, or, under a pretext, to prefer articles of impeachment, and thus the individual who occupies the Chief Magistracy was to be disposed of and driven from power. But a short time since you had a ticket before you for the Presidency. I was placed upon that ticket, with a distinguished fellow-citizen who is now no more. I Inow there are some who complain. [A voice, "Unfortunately."] Yes, unfortunate (pr some that God rules on high and deals in right. [Cheers^] Yes, unfortunately, the ways of Providence are mysterious and in- comprehensible, controlling all those who ex- claim "Unfortunate." ["Bully for you!"] I was going to say, my countrymen, a short tim'e since I was selected and placed upon the ticket. There was a platform proclaimed and adopted by those who placed i.ie upon it. Not- PRESIDENT JOHNSON'S SPEECHES. 136 jrithetanding the subsidized gang of hirelings and traducers, I have discharged all my duties •and fulfilled all my pledges, and I say here to- night that if my predecessor had lived the vials of wrath would have been poured out upon him. [Cries of " Never." " Three cheers for the Con- :gcess of the United States !"] I came here as I was passing along, and have been called upon for the purpose of exchanging views, and ascertain- ing, if we could, who was wrong. [Cries of " It's you."] That was my object in appearing before you to night, and I want to say this, that 1 have lived among the American people, and have represented them in some public capacity for the last twenty-five years, and where is the man or woman who can place his finger upon one single act of mine, deviating from any pledge of mine or in violation of the Constitution ot the country? [Cheer.«.] Who is he? What language does he speak? What religion does he profess? Who can come and place his finger on one pledge I ever violated, or one princijSe I ever proved false to ? [A voice, " How about New Orleans ?" Another voice, "Hang Jeff Davis."] Hang Jeff Davis, he says. [Cries of " No," and "Down with him !"] Hang Jeff Davis he says. FA voice, " Hang Thad. Stevens and Wendell Phillips."] Hang Jeff Davis. Why don't you hang him ? [Cries of " Give us the opportunity."] Have not you got the court ? Have not you got the At- torney General ? [A voice, "Who is your Chief Justice who has refused to sit upon the trial?" Cheers.] I am not the Chief Justice. I am not the prosecuting attorney. [Cheers.] I am not the jury. I will tell j'ou what I did do. I called upon- youT Congress that is trying to break up the Gov- ernment. [Cries, "You bed— dl" and cheers mingled with hisses. Great confusion " Don't get mad, Andy."] Well, !• will tell you who is mad- " Whom the Gods wish to destroy, they first maKe mad." Did your Congress order any of them to be tried ? [Three cheers for Congress.] Then, fellow-citizens, we might as well allay our passions, and permit reason to resume her empire and prevail. [Cheers.] In presenting the few remarks that I designed to make, my intention was to address myself to your common sense, your judgment, and your better feeling, not to the passion and malignancy in your hearts. [Cheers.] This was my object in presenting my- self on this occasion, and to tell you "How do yon do, " and at the same time to bid you " Good- oy." In this assembly here to-night the remark hasbsen madS, "Traitor! traitor!" My coun- . trymen, will you hear me ? [Shouts of " Yes."] And will you hear me for my cause and for the iConstitutiofl. of my country? [Applause.] I want to know when or where, or under what circum- stances, Andrew Johnson, not as Chief Execu- tive, but in any capacity, ever deserted any prin- ciple or violated the Constitution of his country. [Cries of " Never."]- Let me ask this large and - intelligent audience if your Secretary of State, who served four years under Mr. Lincoln, and who was placed upon the butcher's block, as it were, and hacked to pieces and scarred by the assassin's knife, when he turned traitor? [Cries of " Never."] If I were disposed to play the orator anu deal in declamation to-night, I would imitate one of the ancient tragedies, and would take William H. Seward, and bring him bef..>re you, and point you to the hacks and sours upon his person. [A voice, " God bless him !"] I would exhibit the bloody garments, saturated with gors from his gushing wounds. Then I would ask yon. Why not hang Thad. Stevens and Wendell Phillips? I tell you, my countrymen, I have been fighting the South,, and they have been whipped and crushed, and they acknowledge their defeat and accept the terms of the Constitution ; and now, as I go around the circle, having fought traitors at the South, I am prepared to ' fight traitors at the North, [Cheers.] God willing, with your help we will do it. [Cries of " We won't."] It will be crushed North and South, and this glorious Union of ours will be preserved. [Cheers.] I do'not come here as the Chief Mag- istrate of twenty-five iitates out of thirty-six. [Cheers.] I came here to-night with the flag of my country and ihe Constitution of thirty-six States untarnished. Are you for dividing this country ? [Cries of " No."] 'Then I am President, and I am President of the whole Uni^d States. [Cheers.] I will tell you one other thing. I understand the discordant notes in this crowd to-night. He who is opposed to the restoration of this Govern- ment and the reunion of the States is as great a traitor as Jeff Davis or Wendell Phillips. [Loud cheers.] I am against both. [Cries of " Give it to them I"] Some of you talk about traitors in the South - who have not courage to get away from your homes to fight them. [Laughter and cheers.] The courageous men. Grant, Sherman, Farragut, and the long list of the distinguished sons of the Union, were in the field and led on their gallant hosts to conquest and to victory, while you remained cowardly at home. [Ap- Elause, " Bully !"] Now, when those brave men ave returned liome, many of whom have left an arm, or a leg, or their blood, upon many a battle-field, they find you at home speculating and committing frauds on the Government. [Laughter and cheers.] You pretend now to have groat respect and sympathy for the poor brave feliow who has left an arm on the battle-field. [Cr'es, " Is this dig- nified ?"] I understand you. You may talk about the dignity of the President. [Cries, " How was it about his making a speech on the 22d of February?"] I have been witli you in the battles of this country, and I can tell you furthermore, to-night, who have to pay these brave men who shed their l^lood. You speculated, and now the great mass of the people have to work it out. [Cheers.] It is time that the great mass of the people should iinderstand what your designs are. What did General Butler say ? [Hisses.] What did General Grant say? [Cheers.] And what does General Grant. say about General Butler? [Laughter and cheers.] What does General Sherman say? [A voice, " What does General Sheridan say ?"] General Sheridan say5 that he is for the restoration of the Government that Sheridan fought for. [" Bully I" and re- newed cries pf " New Orleans," and. confusion.] I care not for dignity. There is a portion of your countrymen who will always respect their fel- low-citizens wlien they are entitled to respect, j and there is a portion of them who have no *a- ■ 136 I'OLITICAL MANUAL. Rjiect for thetaaelves, and conseqaently have no reRpeot for others. [A voice, " Traitor!"] I wisli I could see that man. I would bet you now, that if the light fell on your face, cowardice and >M«achery would be seen in it. Show yourself. ^;onle out here' where I can see,you. [Shouts of 'anghter.l If you ever shoot a man you will do it m the dark, and pull the trigger when no one is by to see you. [Cheers.] 1 understand traitors. I have been fighting them at the south end of the line, and we are now fighting them in the other direction. [Laughter and cheers.] I come here neither to criminate or recriminate, but when attacked, my plan is to defend myself [Cheers.] When encroached upon, I care not from what quarter it comes, it is entitled, to re- sistanoe. As Chief Magistrate I felt so after tak ■ ing the oath to support the Constitution, and when I saw encroachments upon your Constitu- tion and rights, as an honest man I dared to sound the tocsin of alarm. [Three cheers for Andrew Johnson.] Then, if this be right, the. head and front of my offending is in telling when the Constitution of your country has been tram- pled upon. Let me say to those who thirst for more blood, who are still willing to sacrifice human life, if you want a victory, and my coun- try requires it, erect your altar and lay me upon it to give the last libation to human freedom. [Loud applause.] I love my country. Every public act of my life testifies that is so. Where 18 the man that can put his finger upon any one act of mine that goes to prove the contrary ? And what is my oiiending ? [A voice, " Because you are not a radical," and cry of " Veto."] Somebody says veto. Veto of what ? What is called the Freedmen's Bureau bill? I can tell you what it is. Before th? rebellion commenced there were four millions of slaves and about three hundred and forty thousand white people living in the South. These latter paid the expenses, bought the land and cultivated it, and after the crops were gathered pocketed the profits. That's the way the thing stood up to the rebellion. The rebellion commenced, the slaves were libe- rated, and then came up the Freedmen's Bureau bill. This provides for the appointment of agents and sub-agents in all States, counties, and school districts, who have power to make contracts for the freedmen, and hire them out, and to use the military power to carry them into execution. The cost of this to the people was $12,000,000 at the beginning. The further expense would be greater, and you are to be taxed for it. That's why I vetoed it. I might refer to the civil rights bill, the results of which are very similar. I tell you , my countrymen, that though the powers of hell and Thad. Stevens and his gang were by, they could not turn me from my purpose. There *is no power that could turn me except you and the God who spoke me into existence. In conclusion, beside that. Congress had taken much pains to poison their constituents against him. But what had Congress done? Have they done anything to restore the Union of these States? No; on the contrary they had done everything to prevent it ; and because he stood now where he did when the rebellion commenced, he had been denounced as a traitor. Who had run greater risks or made greater sacrifices than himself? But Congress, factious and dominbei:i> ing, had taken to poison the minds of the Amerl ican people. It was with ihem a question of power. Those who held an oflice — as assessot; collector, postmaster — wanted to retain theit places. Rotation in office used to be thoughteti good doctrine by Washington, Jelferson, and Adams ; and Andrew Jackson, God bless himi thought so. [Applause.] This gang of offioe-s holdeis, these blood-suckers and cormorants;, had got fat on the country. You have got them- over' your district. Hence yon see a systen) of legislation proposed so that these men shall no£' be turned out ; and the President, the only chail'i nel through which they can be reached, is called. a tjrant. He thought the time had come when those who had enjoyed fat offices for four years- should give way for those who had fought for the country. Hence it was seen why he was assailed and traduced. He had invited them in the field, and God willing, he would stand by them. Ho had turned aside from the thread. of his remarks to notice the insult sought to be given him. When an insult was offered he. would resent it in a. proper manner. But he- was free to say he had no revengeful or resent-, ful feelings. All he wanted, when war was ovej and peace had, come, was for patriotic and Chris-, tian men to rally round the flag of the country in a fraternal hug, and resolve that all shall perish, rather than that the Union shall not be restored. , While referring to the question of suffrage some one in the crowd asked him " How about Louisi iana? " To which he replied, " Let the negroes', vote in Ohio before you talk about their voting in Louisiana." [Laughter, and cries of "Good.'!] Take the beam out of your own eye before you. seek the mote. in your brother's. [Renewed laughter.] In conclusion, after some further remarks, he invoked' God's best blessing on his hearers. [Applause.] The interruptions were few. At St. Iiouis, September 8, Fellow-Citizehs : In being introduced to you to-night, it is not for the purpose of making a speech. It is true I am proud to meet so many of my fellow-citizens here on this occasion, and under the favorable circumstances that I do. [Cries, "How about our British subjects?"] We will attend to John Bull after awhile, so far as that is concerned. I have just stated that I am not here for th-a purpose of making a speech ; but, after being introduced, I wish simply to tender my cordial thanks for the welcome that you have given to me in your midst. [A voice, "Ten thousand welcomes."] Thank you, sir I I wish it was in my power to address you under favorable circum- stances upon some of the questions that agitate and distract the public mind at this time — ques- tions that have grown out of the fiery ordeal that, we have passed through, and whioli I think as important as that we have just passed by, though the time has come when it seems to me that all > ought to be prepared for peace. The rebellion/ being suppressed, and the shedding of blood being stopped, the sacrifice of life being suspended and stayed, it seems that the time has arrived when you should be at peace, when the bleeding ar- PRESIDENT JOHNSON S SPEECHES. 137 takJes should be lied up. [A voice, " Nev; Or- iBfcfls."] ■ Go on ; perhaps if you had a word or two on the Bu'iJject of Now Orleans you might understand more about it than you do. [Laagh- terJ And if you will go back— if you will go back and ascertain the cause of' the riot at Now Cteleans, perhaps you would not be so iirornpt in {fealling out " New Orleans." If you will take up the riot at New Orleans, and trace it back to its source or its immediate cause, you will find out ■who was respousiblo for the blood that was shed there. If you will take up the riot at New Orleans and trace it back to the radical Con- gress, [cheers and' cries of " Bully !"] you will find that the riot at New Orleans was substan- tially planned. If you will take up the proceed- ings in their caucuses you will understand that they there knew [cheers] that a Convention was to De called, which was extinct by its power having expired ; that it was said that the inten- Upn was that a new government was to be or,- ganjzed, and on the organization of that govern- ment the intention was to enfranchise one portion of the population, called the colored population, who had just been emancipated, and at the same tiiJie disfranchise white men. '^hen you design to talk about New Orleans [confusion] you ought to'Understand what you arestalkiug about. When you read the speeches that were made, and take up' the facta on the Friday and Saturday before thlat Convention sat, you will there find that upeeohes were there made incendiary in their chaiaoter, exciting that portion of the popula- tion, the black population, to arm themselves and prepare for the shedding of blood. [A voice, " That's so," and cheers.] You will also find that (ihatOonvention did assemble in violation of law, and the intention of that Convention was to su- persede the reorganized authprities in the State government of Louisiana, which had been recog- nized by the Government of the United Stales ; and every man engaged in that rebellion in that Convention, with the intention of superseding and upturning the civil government which had been recognized by the Qovernmentof the United States, I say that he was a traitor to the Consti- tu'tion of the United States, [cheers ;] and hence ydufiud that another rebellion was commenced, having its origin in the radical Congress. These ineu were to go there, a government was to be organized, and the one in existence in Louisiana was to be superseded, set aside, and overthrown. Yon talk to me about New Orleans. And there the; question was to come up, when they had established their government— a question of po- litical powers — which of the two governments was to he recognized, a new government, inaug- urated' under tnis defunct Convention, set up m violation of law and without the will of the people. Then when they had established their government and extended universal and impar- tiail franchise, as they called it, to the colored population, then this radical Congress was to de- terinine that a government established on negro voffies was to be the government of Louisiana. [V-oioes, "Never!" Oneersaudcriesof "Huriah for Andy I",] So much for the New Orleans riot. And there was the cause and the origin of the blood that was shed; and every drop of blood that w.-us shed is upon their skirts, and they are responsi- ble for it. I could test this thing a little closer, hut will not do it here to-night. But when you talk about the causes and consequences that re- sulted from proceedings of that kind, perhaps as 1 have been introduced here, and you have pro- voked questions of this kind, though it does not' provoke me, I 'will tell you a few wholesome things that have been done by this radical Con- gress [cheers] in connection with New Orleans and the extension of the elective franchise. I know that I have been traduced and abused. I know it has come in advance of me here as elsewhere — that I have attempted to exercise an arbitrary power in resisting laws that were intended to be forced upon the Government, [cheers;] that I had exercised that power, [cries, " Bully for j'ou I "] that I had abandoned the party that elected me, and that I was a traitor, [cheers,] because I exercised the veto power in attempting and did arrest for a time a bill that was called a "Freedmen's Bureau bill;" yes, that I was a traitor. And I have been traduced, I have been slandered, I have been maligned, I have been called Judas Iscariot and all that. Now, my countrymen here to-night, it is very easy to indulge in epithets ; it is easy to call a man Judas, and cry put trfiitor ; but when he is called upon to give arguments and facts he is very often found vj'anting. Judas Iscariot — Judas. There was a Judas, and he was one of the twelve apostles. Oh ! yes, the twelve apos- tles had a Christ. [A voice, "And a Moses, too ; " laughter.] The twelve apostles had a Christ, and he never could have had a Judas unless he had had twelve apostles. , If I have played the Judas, who has been mj Christ that 1 have played the Jiidas with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles Sumner? [Hisses and cheers.] These are the men that stop and compare themsel'vres with the Saviour; and everybody that dififera with them in opinion, and to try to stay and arrest their diabolical and nefarious policy, is to be denounced as a Judas. [" Hurrah for Andy ! " and cheers.] In the days when. there was a Christ, while there was a Judas, were there unbelievers ? Yes, v/hile there v/ere Judases there were unbelievers. [Voices heard, " Three groans for Fletcher."], Yes, oh yes; unbelievers in Christ, men who persecuted and slandered, and broughj. Him be-' fore Pontius Pilate, and preferred charges, and condemned and put Him to death on the cross to satisfy unbelievers ; and this same persecuting, diabolical, and nefarious clan to-day would per- secute and shed the blood of innocent men to carry out their purposes. [Cheers.] But let me tell you ; let me give you a few words here tp-night. But a short time since I , heard some one say in the crowd that we had a Moses. [Laughter.] Yes', there is a Moses ; and I know sometimes it has been said that I have; said that I, would be the Moses of the colored man. [Cries of "Never !" and cheers.] Why, I have labored as much in the cause of emancipa- tion as any other mortal man living ; but, while I have striven to emancipate the colorei man, I have felt and now feel that we have a great many white men that want emancipation. I'here 138 VOLITWAL MANUAL. 1? a set amongst you that have got shackhs on U.eir limbs, and are as much under the heel and control of their masters as the colored anin that was emancipated. I call upon you here to-night, as -freemen, as men, to favor the emancipation of the white men as well -as the colored ones. I Uave been »n favor of emancipation, 1 havi nothing to disguise about that. I have tried to do as much, and have done as much — and when they talk about Moses, and tht colored mpin being led into *he promised land, where is the land that this clan proposes to lead thera into ? When we Aalk about taking then out from among the white population and sending them to other tlimes, what is it they propose? Why, it is to give us a Freedmen's Bureau. And after giving as a Freedmen's Bureau, what then ? Why, here in the South it is not necessary for me to ialk to you, where I have lived and you have lived, and understand the whole system and how kt operates. We know how the slaves have been worked heretofore. Their original owners bough t ihe land and raised the negroes, or purchased them, as the case might be, paid all the expense sf carrying on the farm ; and after producing to- bacco, cotton, hemp, flax, and all the various products of the South, bringing them into the market without any profit on them, while their owners put it all into their pockets. This was their condition before the emancipation ; this was their condition before we talked about their Moses. [Laughter. ] 1 ask your attention. Gome, ts we have got to talking on this subject give me your attention for a few minutes. I am addressing myself to your brains and not to your prejudices, to your reason and not to your passions ; and when reason and argument again resume their empire, this mist, this prejudice, that has been incrusted. upon the public mind, must give way and reason become triumphant Now, my countrymen, let me call your attention to a single fact, the Freedmen's Bureau. [Laugh- ter and hisses.] Slavery was an accursed institution until emancipation took place. It was an accursed institution while one set of men worked them and got the profits. But after emancipation took place they gave us the Freedmen's Bureau ; they gave us these agents to go into every county, every township, and into every school district throughout the United States, and especially the Bonthem States ; they gave us commissioners ; tliey gave us $12,000,000, and placed the power in me hands of the Executive, who was to work this machinery, with the army brought to his aid and to sustain it. They let us run it with $12,000,000 as a beginning, and in the end receive fifty Dr sixty millions, and let us work the four millions of .slaves, In fine, the Freedmen's Bu- « reau was a simple proposition to transfer four millions of slaves in the United States from their original owners to a new sew set of tasksmasters. [A voice, " Never I" and cheers.] I have been laboring for years to emancipate them ; and then I was opposed to seeing them transferred to a new set of taskmasters, to be worked with more ngor than they had been worked heretofore. [Cheers.] Yes, under this new system they would work the slaves, tmd call on the Govern- ment to bear all the expenaesi, and if there weje any profits left why they would pocket them. [Laughter and cheers.] Thus, you, the people, must pay the expense of running the maohiiie out of your own pockets while they get the pro- fits of it. I simply intended to-night to tender you my sincere thanks ; but as I go along, as we are talk- ing about this Congress, . and these respectable gentlemen who contend that the President is wrong because he vetoed the Freedmen's Bureau bill, and all this ; because he chose to exercise the. veto power, he committed a high offence, and therebre ought to be impeacLied. [Voice, " Never."] Yes, yes; they are ready to impeaqh him. [Voice, '-Let them try it."] And if they were satisfied they had the next Congress by a decided majority, as this, upon some pretext or other;^ violating the Constitution, neglect of duty, or omitting to enforce some act of law — upon some pretext or other, they would vacate the ei^epu- tive department of the United States. [A voice, "Too bad, they don't impeach him."] Now, as we talk about this Congress, let me call the sol- diers' attention to this immaculate 'Congress. Let me call your attention to — oh ! yes ; this Congress that could make war upon the Execu- tive because he stands upon the Constitution and vindicates the rights of the people, exercising the veto power in their behalf. Because he dared to do this they can clamor and talk about impeaph- ment; and by way of stimulating this increasing confidence with the soldiers throughout this country, they talk about impeachments. So, far as offenses are concerned, upon this subject pf offenses let me ask you [voice, " Plenty herp to- night"] to go back into my history of legisla- tion, and even when Governor of a State. Let me ask if there is a man here to-night who in the dark days of KnowiNothingism stood and battled more for their rights. [Voice, "Good," and cheers.] It has been my peculiar misfortune to have fierce opposition because I have always struck my blows direct, and fought with right and the Constitution on my side. [Cheers.] Yes, I will come back to the soldiers again in a moment. Yes ; here was a neutrality law. I was sworn, in support of the Constitution, to see that the law was faithfully executed. [" Why didn't you do it ?"] The law was executed; and because it was executed, then they raised a clamor, and tried to make an appeal to the foreigners, and especially the Fenians. And what did they do ? ' They in- troduced a bill to tickle and play with the fancy, pretending to repeal the law, and at the same time making it worse, and then left the law just where it is. [Voice, "That's so!] They knew that whenever a law was presented to me, proper in its provisions, ameliorating and softening the rigors of the present law, it would meet my hearty approbation. But as they were pretty well broken down and losing public con- fidence, at the heel of tiie session they found they must do something; and hence, what did they do? They pretended to do something for the soldier?.. Who has done more for the soldiers than I hav^? Who has perilled more in this struggle than I have? [Cheers.] But then, to make them their peculiar friends and favorites of the soldier, they PKESIDENT JOHNSON'S SPEECHES 139 come forward with a proposition to do what? Why we will give the soldier $50 bounty— your attention to this — if he has served two Sears, and $100 if he has served three years, ow.mark you, the colored man that served two years can get his $100 bounty, but the white man must serve three years before he can get -his. [Cheers.] But that is not the point. While they were tickling and attempting to please the soldiers, by giving them $300 for two years' service, they took it into their heads to give somebody else about [laughter], and they •veted themselves not fifty dollars, two years' service. Your attention : I want to make a lodgment in your minds of the facts, because I want to put the nail in ; and having put it in, I v/ant to clinch it on the other side. [Cheers.] The brave boys, the patriotic young man who - followed his gallant officers, slept in the tented field, and perilled his life and shed his blood, and left his limbs behind him, and came home man- gled and maimed, he can get fifty dollars bounty, if he has served two years ; but the members of Congress, who never smelt gunpowder, can get $4,000 extra pay. | Great cheering.] This is a faint picture, my countrymen, of what has trans- pired. [A voice, " Stick to that q^uestion."] Fellow-citizens, you are all familiar with the work of restoration. You know that since the rebellion collapsed, since the armies were sup- pressed in the field, that everything thct could be done has been doue by the executive depart- ment of the Government for the restoration of the Government; everything has been done with ■ the exception of one thing, and that is the ad- mission of members from eleven States that went into the rebellion ; and after having accepted the terras of the Government — having abolished sla- very, having repudiated their debt and sent loyal representatives — everything has been done ex- septing the admission of representatives, to which all the States are entitled. [Cheers.] When you turn and examine the Constitution of the United States, you find that you cannot even amend that Constitution so as to deprive any State of its equal suffrage in the Senate. [A voice, " They have never heen out."] It is 'said before me they have never been out. I say so too. That is what I have always said. They have never been out, and they cannot go out. [Cheers.] That being the fact, under the Con- " stitution they are entitled to equal representa- ..tion in the Congress of the United States with- out violating the Constitution, [cheers ;J and the same argument applies to the House of Bep- resentatives. Hov/, then, does the matter stand ? It used *to be one of the arguments, that if the States withdraw their Representatives and Senators, that was secessipn — a peaceable breaking up of the Government. Now the radical power in this Goyernment turn round and assume that the States are out of the Union, that they are not entitled to representation in Congress. [Cheers.] That is to say, they are dissolutionists, and their position now is to perpetrate a disruption of the Government ; and that, too, while they are de- nying the States the right of representation, they impose taxation upon them, a principle upon which, in the Bevolution, you resisted the power of Great Britain. We deny the right of taxa- tion witho-at representation ; that is one of our great principles. Let the Government be restored ; let peace bo restored among this people. I have labored for it ; I am for it now. X deny this doctrine of secession, come from what quarter it may, whether from the North or from tiie South. I am opposed to it, and am for the union of the States. [Voices, "That's right,'' and cheers.] I am for the thirty -six States, representing thirty- six States, remaining where they are under the Constitution as your fathers madt; it and handed it down to you ; and if it is altered or amended, let it be done in the mode and manner pointed out by that instrument itself, and in no other. [Cheers.] I am for the restoration of peace. Let me ask the people here to-night if we have not shed enough of blood. Let me ask. Are you prepared to go into another civil war ? Let me ask this people here to-night. Are they prepared to set man upon man, and in the name of God lift his hand against the throat of his fellow ? [Voice, " Never ! ' j Are you prepared to see our fields laid waste again, our business and our commerce suspended, and our trade stopped? Are you prepared to see this land again drenched in our brothers' blood ? Heaven avert it ! is my prayer. .[Cheers.] I am one of those who believe that man does sm, and having sinned, I believe he must repent, and, some- times, having repented makes him a better man than he was nefore. [Cheers.] I know it has been said that I have exercised my pardoning power. Yes, I have. [Cheers, and " What about Drake's constitution ?"] Yes I have ; and don't you think it is to prevail ? I reckon I have pardoned more men, turned more men loose, and set them at liberty that were im- prisoned, I imagine, than any other living man on God's habitable globe. [Voice, " Bully for you !" cheers.] I turned forty-seven thousand of our men loose who engaged in this straggle, with the arms we captured with them, and who were then in prison. I turned them loose. [Voice, " Bully for you !" and laughter.] Large num- bers have applied for pardon, and I have granted them pardon'; yet there are some who condemi), and hold me responsible for doing wrong. Yes, there are some who staid at home, who did not go into the field, that can talk about ofken being traitorous and being treacherous. There ara some who can talk about blood and vengeance and crime and everything to make treason odious, and all that, who never smelt gunpowder on either side. [Cheers.] Yes, they can condemn others, and repommend hanging and torture, and all that. If i have erred, I have erred on thq side of mercy. Some of these croakers have dared to assunae they are better than was the Saviour of men himself — a kind of over-righteous — better than anybody else ; and, although want- ing to do Deity's work, thinking He cannot do it as well as they can, [Laughter and cheers.] Yes, the Saviour of men came on earth and found the human race eondemned and sentenced under the law ; but when they repented and be^ lievedj He said Let them live. Instead of exe- cuting and putting the whole world to death. He went upon the cross, and there was nailed by 140 POLITICAL MANUAL. unbelievers, there 'shed his blodd that you might live. [Cheers.] Think of it; to execute and hang and put to death eight millions of people. Never! It is an absurdity. Such a thing is im- practicable, even if it were right ; but it is the violation of all law, human and divine. [Voice, " Hang Jeff Davis. You call on Judge Chase to hang Jeff Davi„, will you? " Great cheering.] I am not the court, I am not the jury, nor the judge. Before the case comes to me, and all other cases, it would have to come on application as a case for pardon. That is the only way the case can get to me. Why don't Judge Chase, the Chief Justice of the United States, in whose district he is — why don't he try him ? [Loud cheers.] But perhaps I could answer the ques- tion, as sometimes persons want to be facetious and indulge in repartee. I might ask you a qtiestion, why don t you hang Thad Stevens and Wendell Phillips ? [Great cheering.] A traitor at one end of the line is as bad as a traitor at the other. I know that there are some who have got up their little pieces and sayings to repeat on public occasions^alking parrots that have been placed in their mouths by their supe- riors — who nave not the courage and the manhood to come forward and tell them themselves, but have their understrappers to do their work for them. [Cheers.] I know there are some that talk about this universal elective franchise, upon which they wanted to upturn the Government af Louisiana and institute another, who cou- te-nded that we must send men there to control, govern, and manage their slave population be- cause they are incompetent to do it themselves. And yet they turn round, when they get there, and say they are competent to go to Congress and manage all the affairs of State. [Cheers.] . Before you commence throwing your stones you • ought to be sure you don't live in a glass house. Then why all this clamor? Don't you see, my countrymen, it is a question of power; and being in power, as they are, their object is to perpetu- ate their power, since, when you talk about turning any of them out of office, oh, they talk about bread and butter. [Laughter.] Yes, these men are the most perfect and complete bread and butter party that has ever appeared in this Government. [Great cheering.] When you make an effort or struggle to take the nipple out of their mouths, how they clamor. They have stayed at home hero iive or six years, held the offices, grown fat, and enjoyed all the emoluments of position ; and now, when you talk about turning one of them out, oh, it is pro- scription; anahenoe they come forward and pro- pose, in Congress, to do what? To pass laws to prevent the Executive from turning anybody jut. [Voice, " Put 'em put.] Hence, don't you see what the policy was to be ? I believe in the good old doctrine — advocated by Washington, Jefferson, and Madison — of rotation in office. These people who have been enjoying these offices seem to have lost sight of this doctrine. I believe that one set of men have enjoyed the emoluments of office long enough. They should let another portion of the people have, a chance, [Cheers.] How are these men to be got out— ^ [Voice, " Kick 'em out 1" Cheers and laughter.] —unless your Executive can put them out, unless you CPU teach them through the President? Congress says he shall not turn them out, and they are trying to pass laws to prevent it beine done. Weil, let me say to you, if yon will stand, by me in this action, [cheers,] if you will stand by me in trying to give the people a fair chance — soldiers and citizens — to participate in these offices, God being willing, I will kick them out.' I will kick them out just as fast as I can. Let' me say to you. in concluding, that what I have said I intended to say. I was provoked inta this, and I care not for their menaces, the taunts and the jeers. I care not for threats. I do not intend to be bullied by my enemies nor over- ■ awed by my friends. But, God willing, with your help, 1 will veto their measures whenever any of them coma to me. I place myself upon the ramparts of the Constitution when I see the: enemy approaching ; so long as I have eyes to see, or ears to hear, or a tongue to sonnd the alarm, so help me God, I will do it, and call on the people to he my judges. [Cheers.] I tell you here to-night that the Constitution of this country is being encroached upon. I tell you here to-night that the citadel of liberty is being endangered. [A voice, " Go it, Andy!"]^ Say to them, "Go to work; take the Constitution' as your palladium of civil and religious liberty ; take it as your chief ark of safety." Justletme ask you here to-night to cling to the Constitution, in this great struggle for freedom and for its _ preservation, as the shipwrecked mariner clings^ to the mast when the midnight tempest closes; around him. So far as my humble life has been advanced, the people of Missouri, as well as other States, " know that all my efforts have been devoted in that direction. Why, where is the speech,where" is the vote to be got of mine but which has al--_ ways had a tendency to elevate the great work- ing classes of this people? When they talk about tyranny and despotism, where is one act of Andy Johnson's that ever encroached upon • the rights of a freeman in this land? 'But be- cause I have stood, as a faithful sentinel, upon' the watch-tower of freedom to sound the alarm, hence all this traducing and detraction that has been heaped upon me. [Cries of "Bully for Andy Johnson I"] I now, m conclusion, my countrymen, hand " over to you the flag of your country with thirty- six stars upon it. I hand over to you your Con- stitution, with the charge and responsibility of preserving it intact. I hand over to you to-day the Union of these States, the great magic circle which embraces them all. I hand them all over to you, the people, in whom I have always trusted in all great emergencies. I hand them over to you, men who can rise above party, who can stand around the altar of a common country with their faces uplifted to heaven, swearing by Him who lives forever and«ver, that the altar and , all shall sink in the dust, but that the Constitu-- tion of the Union shall be preserved. Let us stand by the Union of these States ; lot us fight the enemies of the Government, come from what quarter they may. My stand has been taken. You understand what my 7'osition is. And parting with you now, I leave the Gov ernment in your hands, with the confidence I PK&SIDENT JOHNSON'S SPEECHES. 141 Jiave always had, that the people will ultimately ledress all wrongs and setthe tjovernment right. Then, gentlemen, in conclusion, for the cordial welcome you have shown me in this great city of the South, whose destiny none can foretell, now, in bidding you good night, I leave all in your charge and thank you for the cordial wel- come you have given in this spontaneous out- pouring of the people of your city. Interview with Chas. G. Halpine, March 5, 1867. .And now, apart from the directly political, i continued the President,] what is the main issue ooming up in the immediate future ? What issue is clearly foreshadowed to be the Aaron's rod which must swallow up all minor questions ? It is the great financial issue, the issue of the na- tional debt; whether it shall belaid or repudi- ated. This issue has fibres extending into the pockets otf every citizen; for wherever a man has a"doUaii, or can earn a dollar, the Government is. ip'y compelled to go for its. portion of his Bubstaoco; and with the vast machinery under its control, the money is fetched. There were four millions of slaves in the southern States before the rebellion, represent- ing a capital of three, or possibly four billions of dollars ; but let us call it three billions, or three thousand millions, as you may please. These slaves represented that amount of pro- perty, men put their savings into purchasing or raising them, and they represented as property whatever were the surplus profits of their labor, after due allowance for food, clothing, medicine, aiid interest on the capital invested. On this property in slaves gradually grew up that slave oligarchy or aristocracy, against which the leaders of the anti-slavery party so sndcessfully thundered during the twelve years preceding the rebellion ; and after the first mad plunge into rebellion, the fate of that aristoc- racy was sealed. It is now a thing'of the past. With its virtues — for it had virtues,^ eourage, and hospitality eminently — and with its crimes of pride and lawless revolution, it has entered into history, and is a thing of the past. But what do we find ? The aristocracy based on- $3,000,000,000 of property in slaves south of Mafion and Dixon's line has disappeared ; but an aristocracy, baaed on over $2,500,000,000 of ■ national securities, has arisen . in the northern States, to assume that political control which the consolidation of great financial with political in- terests formerly gave to the slave oligarchy of the late rebel States. The aristocracy baaed on negro property disappears at the southern end of the lino, but only to reappear in an oligarchy of bonds and national securities in the States which suppressed the rebellion. We have all read history, and is it not certain thiat of all aristocracies, that of mere wealth is the most odious, rapacious, and tyrannieil? It foes for the last dollar the poor and helpless ave got ; and with such a vast machine as this Government under its control, that dollar will be fetched. It is an aristocracy that can see in the people only a prey for extoition. It has no pohtical or mihtary relations with them, such as the old feudal system created between liege lord and vassal ; it haa no intimate social and domestic ties, and no such strong bond of self- interest with the people as existed of necessity between the extinct slaveholders of our country and their slaves. To an aristocracy existing on the annual interest of a national debt, the peo- ple are only of value in proportion to their docility and power of patiently bleeding golden blood under the tax-gatherer's thumb-screw. To the people the national debt is a thing of debt to be paid ; but to the aristocracy of bonds and national securities it is .a property of more than $2,500,000,000, from which a revenue of $180,000,000 a year is to be received into their pockets. So we now find that an aristocracy of the South, based on $3,000,000,000 in negroes, who were a productive class, has disappeared, and their place in political control of the country is assumed by an aristocracy based on nearly $3,000,000,000 of national debt— a thing which is not producing anything, but which goeson steadily every year, and must go on for all time until tne debt is paid, absorling and taxing at the rate of six or seven per cent, a year for every $100 bond that is represented in its aggregation. Now, I am not speaking of this to do anything but deprecate the fearful issue which the^ madness of partisan hatred and the blindness of our new national-debt aristocracy to their own true inter- ests is fast forcing upon the country. But is it not clear that the people, who have to pay, $180,000,000 a year to this consolidated moneyed oligarchy, must, sooner or later, commence ask- ing each other " How much was actually loaned to our Government during the «ivil war by these bondholders, who now claim that we owe them nearly $3,000,000,000?"" You know what the popular answer must be — I do not say the right answer — " Less than half the amount they claim, for gold ranged at an average of one hundred premium while this debt was being incurred." Just think of the annual tax of $180,000,000 for payment of interest on our national debt ! This Government we have, with its enormous machinery, is a pretty hefty business in itself, coating more per capita to the people than the Government of England, which we always here- tofore regarded as the most tax-devouring on earth. But over ' and beyond the expenses of the Government proper, as it should stand in the scale of peace at about $60,000,000 a year, we have, in the $180,000,000 of interest paid yearly on our national debt, enough to support three such Governments as this, with all their vast machinery and disbursements 1 We have not only, under the present system, one Government for the people to support, but, over and beyond this, we have to raise by taxation from the peo- ple sufficient to support three similar establish? ments every year! All property is based upon and «an only be sustained by law ; and it is for a return to law and the guide of fixed constitutional principles, that my whole course has been contending. But so short-sighted is this aristocracy of bonds and paper currency, this Plutocracy of the national debt, that my efforts in behalf of their true in- terests (which are certainly involved in the main- tenance of law and the Constitution) have been everywhere encountered, and almost everywhere 142 POLITICAL SfAlSrUAL. overwhelmed, by lie pteponder'ating influence which they have acquired from the natural force of capital and the agency of our national banka. And what has been" the course pf that Con- gress which has just ended, a,nd wh|}h this blind aristocracy of national debt sust^ed in over- riding my efforts for a return to sound principles of internal government? Look at the bill giving from $480,000,000 to $600;000,000, nominally for back bounty, or as an equalization of boun- ties to the soldiers, but really, as all intelligent men must be aware, to be parcelled out as a prey among the bounty sharks and claim agents, who are the most reckless and clamorous adherents of the dominant majority in Congress. Then look at appropriations amounting to another $100,000,000, for internal improvements, which should properly be left to the laws governing private industry and the progress of our natiouEil development. Look also at the increase of all salaries with a prodigal hand, this virtuous Con- gress first setting an example against retrench- ment by voting to themselves an increase of salaries. Everywhere, and in an ever-increasing ratio, the motto seems to be, "Always spend and never spare," a fresh issue from the paper-mill over yonder [slightly pointing his pencil to the Treasury Department] being the panacea pre- scribed for every evil of our present situation. Every effort to increase our annual taxation is resisted, for increased taxes might , help to awaken the people from their false dream of prosperily under the sway of revolutionary and radical idieas ; but no addition to the national debt can be proposed, no further inflation of our inflated currency, which the preponderating votes of the western States will not be certain to favor. The war of finance is the next war we have to fight ; and every blow struck against my efforts to uphold a strict construction of the laws and the Cfonstitution is in reality a blow in favor of repudiating the national debt. The manufacturers and men of capital in the eastern States and the States along the Atlantic seaboard — a mere strip or frirlga on the broad mantle of our country, if you will examine the map — these are in favor of nigh protective, and, in fact, pro- hibitory tariffs, and also favor a contraction of the currency. But against both measures the interests and votes of the great ^oducing and non-manufacturing States of the west stand ir- revocably arrayed, and a glance at the map and the census statistics of the last twenty years will tell every one who is open to conviction how that war muSt end. The history of the world gives no example of a war debt that has ever been paid ; but we have an exceptional country, and present an excep- tional cafle. Our debt might easily be paid, pro- vided the brakes against excessive expenditures could be turned on quickly enough ; but now is the appointed time, and now or never the work must oe commenced. If that debt is ever to be paid we need economy in every branch of the public service — the reduction, not an increase of salaries to Congressmen and other officials ; the systematic reduction of our national debt; and not its increase by such monstrous bills as this last demagogue measure for the pretended equali- zation of bounties. The Congress, forsooth, is so patriotic, so loyal j that it " can refuse oui gal*; lant soldiers nothing." But you must have seen- how promptly it rejected the names of nearly" every gallantveteran sent in by me for confirm**' ation to any civil ofSce, a majority of our ex- ;tremely " loyal Senators " nsing their guillo- tine without remorse in nearly every instance. I And whither is all this drifting ? To intelli-' jgent men there can be but one answer. We are [drifting towards repudiation, and the moneyed ^aristocracy of the national debt, the very men whose interests are most jeopardized, are so blind that they are practically helping to accelerate, not check our course in this downward direction; We need the industry and enormous possible pro-; ducts of the lately revolted States to help us in' bearing our heavy burden ; we need confidence and calm ; we needinternal harmony ; and above' all, we need areforn to the unquestioned suprem- acy of the civil laws and constitutional restraints, if our debt is not to be repudiated within the next half score of years. Financial prosperity was secured up to within a recent period ; but already the delicate fabric of public credit— a house of cards at best — be- gins to totter under the concussion of the vari- ous' revolutionary ideas which have been re- cently exploited on the floors of Congress. Who now talks of the Constitution with respect ? Who* is not now made a laughing-stock in the papers: and speeches of the violent revolutionary party, if he shall be so hardy as to claim that, being again at peace, the sway of civil over military' law should -be immediately resumed, if we desire to maintain our liberties ? " The Constitution -, is played out," we hear on every hand ; and every effort to advocate the just ascendency of the civil law only furnishes fresh food for ridi- cule. No party as yet, and possibly no party for some years, will openly hoist the banner of re- pudiation. But a majority of those who shaped the legislation of this last Congress must know, unless they deceive themselves, or are too igno- rant to appreciate their own acts, that we arS drifting in that direction, and that it is by their votes we have been swung out into the down- ward stream. Doubtless, some of them would either be, or affect to feel, horrified if to-day* branded, as repudiationists, just as, in the in- fancy of the free-soil agitation, it was considered a bitter slander if the "freesoiler" should be- styled' an "abolitionist." There are steps in everything, and the term of reproach to-day will be worn as a feather in the cap some years from now, unless the true conservative wisdom of the country can be awakened, and rapidly ,>, from its asphyxiating dream that out " national- debt is a national blessing." And look at the effect of the reconstruction bill just passed over my unavailing veto. I mean its peculiar effect as a step in the direction of ' repudiation, and not its general effect as ahigh- handed measure of congressional usurpationy- striking out of eziitenoe so many States, and ' establishing a military despotism over more than one-third of our geographical Union. This bill suddenly adds four millions of ignorant and pen- niless negroes to the voting force of the country, an accession of just so much strength to the PRESIDENT JOHNSON S' MESSAGES. 143 party whose interest it is, and must increasingly become, 1,0 favor repudiation as a policy. To saoure th e public creditor, our efforts should be, if that were possible, to restrict rather than to extend tho right of suffrage; for money rapidly aggregates in a few hands ; and whenever the men who have an interest in seeing that our na- tional debt ia paidshair have become out of all proportion few, compared with those who have an interest in its repudiation, the votes of tho many will carry it, and the debt of $3,000,000,000 will be struck out of existence by ballots, just as rapidly and utterly as the similar amount in- . vested in southern negroes has been abolished diiring the recent war under showers of bullets. At least, this is possible. That we are to have a great financial crash t£iiB year 1 hold to be inevitable, though depre- cjiting u, and having used every effort for its avoidance. To say that it can be staved off by any legislation, if the violated laws of trade and public economy call for it, is to assert that water can be made to run up hill, or shall cease to seek its own level under the compulsion of a congres- sional enactment Perhapf, for so violent a dis- ease, this violent cure may be the only remedy. It, is like a man sustaining his strength on brandy ; so long as he can increase the dose diEiily, he may get along in high good humor, j,iist as we have been prospering ou an irredeem- able paper currency and firesh issues of public seouruies. But sooner or later, the day will come in whieh brandy no longer can stimulate ; nor can irredeemable promises to pay pass cur- rent as a circulating, medium forever To the man will come a severe fit of sickness, teaching h'im.that the laws of temperance can only be violated under f^a.rJal penalties, and to the na- tion will come a financial crash, teaching it that paper is only a representative of value, not value itself; and that the only true securities for our public credit must be looked' for in a system of rigidly exacted obedience to all constitutional restraints, and a thorough system of economy in all branches of the public service. For the slights and indigniiiap, the uncon- stitutional curtailments and dishonors whieh the recent Congress has attempted to cast upon me for my unflinching and unalterable devotion to my constitutional oath, and to tlie best in- terests of the whole country, according to my best judgment and experience, I am only sorry as regards the indignities sought to be imposed on my high office, but unmoved as regards my- self Conscious of only having executed my duty, conscious of being denounced for " usurpa- tion " only because refusing to accept unconsti- tutional powers and patronage, and satisfied that the, day of wiser thought and sounder esti- mate cannot now be far distant, I look wit;h perfect confidence for my vindication to the j ustice of that future which I am convinced can- not long be delayed, Unle|p all the senses are deceptive, unless all truth be a lie, unless God has ceased to live, I tell you that the'foUy and fraud now dominating the councils of this dis- tracted country in Congress cannot endure for- ever. It is, perhaps, but right to add that the fore- going is a report from memory of remarks made by Mr. Johnson in an extended' conversation yesterday afternoon, and that the original did not take the form of a set speech, here unavoida- bly given to it. It should also be added that a few points embraced in the report, and attrib- uted exclusively to the President, may have been, more or less, suggested by interjectional remarks of the person to whom he was speak- ing; but nothing has been here set down to which the full assent of Mr. Jfihnson was not given, always provided, of course, that his lis- tener understood him, and remembers correctly. PRESIDENT JOHNSON'S MESSAGES. The Annual Message, December 4, 1866. The following portions relate to reconstruc- tioii, and kindred subjects : Fdlow-ciiizens of the Senate and Souse of .Repre- sentatives: . Aifter a brief interval the Congress of the Uni- ted States resumes its annual legislative labors. An all-wise and merciful Providence has abated the pestilence which visited our shores, leaving its calamitous 'traces upon some portions of our coun- try. Peace, order, tranquillity, and civil author- ity have been formally declared to exist through- oijt; the whole of the United States. In all of the States civil.authority hassuperseded the coercion of arms, and the people, by their voluntary aotian. are maintaining their governments in full activity and complete operation. The enforcement of tho laws is no longer "obstructed in any State by com- binations too powerful to be suppressed by the ordinary course of judicial proceedings;" and the animosities engendered by the war are rapidly yielding. to the beneficent influences of our free institutions,, and -to the kindly effects of unre- stricted social and commp,rcial intercourse. An entire restoration of fraternal feeling must be the earnest wish of every patriotic heart ; and we [ will have accomplished o.ur grandest national : achievement when, forgetting the sad events of the past, and remembering oSy their instructiv.a lessons, we resume our onward career as a free, prosperous, and united people. 144 POLITICAL MANUAL. In my message of the 4th of December, 1865, Congress was informed of the measures whioh had been instituted by the Executive with a view to the gradual restoration of the States in which the insurrection occurred to their rela- tions with the General Government. Provisional Governors had been appointed, conventions called, Governors elected. Legislatures assembled, and Senators and Representatives chosen to the Congress of the United States. Courts had been opened for the enforcement of laws long in abey- ance. The blockade had been removed, custom- houses re-established, and the internal revenue laws put in force, in order that the people might contribute to the national income. Postal oper- ations had been renewed, and efforts were being made to restore them to their former condition of efficiency. The Statei themselves had been asked to take part in the high function of amend- ing the Constitution, and of thus sanctioning the extinction of African slavery as one of the legit- imate results of our internecine struggle. Having progressed thus far, the executive de- partment found that it had accomplished nearly all that was within the scope of its constitutional authority. One thing, however, yet remained to be done before the work of restoration could be completed, and that was the admission to Con- gress of loyal Senators and Representatives from the States whose people had rebelled against the lawful authority of the General Government. This question devolved upon the respective Houses, which, by the Constitution, are made the judges of the elections, returns, and qualifications of their own members ; and its consideration at once engaged the attention of Congress. In the mean time, the executive department — no other plan having been proposed by Con- gress— continued its efforts to perfect, as far as was practicable, the restoration of the proper relations between the citizens of the respective States, the States, and the Federal Government, extending, from time to time, as the public inter- ests seemed to require, the judicial, revenue, and postal systems of the country. With the advice and consent of the ^nate, the necessary officers .were appointed, and appropriations made by Corsress for the payment of their salaries. The proposition to amend the Federal Constitution so as to prevent the existence of slavery within the United States or any place subject to their jurisdiction, was ratified by the requisite number of States, and, on the I8th day of December, 1865, it was officially declared to have become valid as a part of the Constitution of the United States. All of the States in whi«h the insurrec- tion had existed promptly amended their consti- tutions BO as to make tliem conform to the great change thus effected in the organic law of the land ; declared null and void all ordinances and laws of secession ; repudiated all pretended debts and obligations created for the revolutionary purposes of the insurrection ; and proceeded, in good faith, to the enactment of measures for the protection and amelioration of the condition of the colored race. Congress, however, yet hesi- tated to admit any of these States to representa- tion ; and it was not until towards the close of the eighth month of the session that an exception was made in favor of Tennessee by the admission of her Senators and Eepresentatives. I deem it a subject of profound regret thai Congress has thus far failed to admit to.seaw loy ai Senators and RepT'esentatives from the othir States whose inhabitantSj with those of Tennessee, had engaged in the rebellion. Ton States — moire than one-fourth of the whole number — remain without representation I The seats of fifty mem- bers in the House of ReprsMntatives and of twenty members in the Senate are yet vacant — not by tneir own consent, not by a failure of election, bu^ by the refusal of Congress \o accept their creden- tials. Their admission , it ia believed, would have accomplished much towar-So the renewal and strengthening of our relationn as one people, and removed serious cause for diicontent on the part of the inhabitants of those Stales. It would have accorded with the great principle enunciated in the Declaration of American Independence, that no people ought to bear the burden of taxation and yet be denied the right of representation. It would have been in oonsonanco with the" ei- press provisions of the Constitution, thaf "each State shall have at least one Representative," and "that no State, without its consent, shall be de^ prived of its equal suffrage in the SeTxate." These provisions were intended to secure to every State, and to the people of every State, the right of representation in each House of Congrs'is ; and 'SO important was it deemed by the framers of the Constitution that the equality of the States in the Senate should be preserved, that not even by an amendment of the Constitution «an any State, without its consent, be denied a voice in that branch of the national Legislature. It is true, it has been assumed that the exist- ence of the States was terminated by the rebel- lious acts of their inhabitants, and that the in- surrection having been suppressed, they were thenceforward to be considered merely as con- quered territories. The legislative, executive,- and judicial departments of the Government have, however, with great distinctness and uni- form consistency, refused to sanction an assump- tion so incompatible with the nature of our re- publican system and with the professed objects of the war. Throughout the recent legislation of Congress, the undeniable fact makes itself' apparent, that these ten political communities are nothing less than States of this Union. At the very commencement of the rebellion each House d.eclared, with a unanimity as remarkable as it was significant, that the war was not " waged, upon our part, in any spirit of oppres- sion, nor for any purpose of conquest or subju- gation, nor purpose of overthrowing or interfer- ing with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution and all laws made in pursuance thereof, and to preserve the Union with ^11 the dignity, equality, and rights of the several States unimpaired ; and thai as soon aa these objects" were " accomplished the war ougjit to cease." In some instances Senators were per- mitted to continue their legislative functions, while in other instances Representatives were elected and admitted to seats after their States had formally declared their right to withdraw from the Union, and were endeavoring to main- tain that right by force of arms. All of the States whose people were in insurrection, aa States, were included in the apportionment of PHT^SIDBNT JOHNSON'S MESSAGES. 145 tjw direct taz of $20,000,000 annually, laid upon the United States by the act approved ■:5,t,h August, 1861. Congress, by the act of March 4, 1862, and by the apportionment of repreaen- 'tation therfeander, also recognized their presence >8' States in the Union; and they have, lor judi- cial purposes, been divided into districts, as States alone can be divided. The same recognition .kppears in the recent legislation in reference to Tennessee, which evidently rests upon the fact that the functions of the State were not destroyed .hythe rebellion, but merely suspended ; and tnat jprinciple is of course applicable to those States •which, like Tennessee, attempted to renounce their place in the Union. The action of the executive department of the Government upon this subject has been equally liefinite and uniform, and ih« purpose of the war was specifically stated in the proclamation issued by my predecessor on the 22d day of September, 1862. It was then solemnly proclaimed and de- clared that " hereafter, as heretofore, the war will be prosecuted for the object of practically restor- ing the constitutional relation oetween the Uni- ted States and each of the States and the people thfireof, in which States that relation is or may be suspended or disturbed." The recognition of the States by the judicial department of the Government has also been dear and conclusive in all proceedings affecting them as States, had in the Supreme, Circuit, and District Courts. In the admission of Senators and Eepresenta- tivfis from any and all of the States, there can be no just ground of apprehension that persons who are disloyal "will be clothed with the powers of .legislation ; for this could not happen when the Constitution and the laws are enforced by :a vigilant and faithful Congress. Each House is made the "judge of the elections, returns, and qualifications of its own members," and may, " with the concurrence of two-thirds, expel a member." When a Senator or Representative presents his certificate of election, he may at Q»ce be admitted or rejected; or, should there be any question as to his eligibility, his creden- tials may be referred for investigation to the appropriate committee. If admitted to a seat, it inust be upon evidence satisfactory to the House of which he thus becomes a member, that he possesses the requisite constilational and legal qualifications. If refused admission as a mem- ber, for want of due allegiance to the Govern- ment, and returned to his constituents, they are admonished that none but persons loyal to the Ikiited States will be allowed a voice in the le- gislative councils of the nation, and the political power and moral influence of Congress are, thus effectively exerted in the interests of loyalty to tl^ Government and fidelity to the Union. Tlpon this question, so vitally affecting the restoration of the Union and the permanency of our pres- ent form of government, my convictions, here- tofcre expressed, have undergone no change; bit, on the contrary, their correctness has been eopjfirmed by reflection and time. If the ,adm;is-. emnoi loyal members to seats in the respective Houses of Congress was wise and expedient ,3. y^ar ago, it is no lees wise and expedient now. IfUhis anomalous condition is right now — if, in the.e?iaiOt conditiop of. these Statesatthe presest * 10 time, it is lawful ,to exclude them from represen- tation, I do not see that the question will be changed by the ef&ux of time. Ten years hence, if these States remain as they are, the right of representation will be no stronger, the right of exclusion will he no weaker. The Constitution of the United States makes it the duty of the Presideat to recommend to the consideration of Congress " such measuresas hs shall judge necessary or expedient." I know of no measure more imperativelj' demanded by every consideration of national interest, sound . policy, and equal justice, than the admission of loyal members from the now unrepresented States. This would consummate the work of restoration, and 'exert a most salutary influence in the re-eetabljshmeat of peace, harmony, and fraternal feeling. It w^uld tend greatly to renew the confidence of the .American people in the vigor and stability pf their institutions. It would bind us more closely together as a nation, and enable us to show to the world the inherent and recuperative power of a Gbvernment founded upon the willof the people, and established upon the principles of liberty, justice, and intelligence. Our increased strength .and enhanced prosperity would irrefragably demonstrate.the fallacy of the arguments against free institutions drawn from our recent national disorders by the enemies of republican government. The admission of loyal members from the States now excluded from Congress, by allaying doubt and apprehension, would turn capital, now awaiting an opportunity for investment, in.to the channels of trade and industry. It would alleviate the present troubled condition of those States, and, by inducmg emi- gration, aid in the settlemeiit. of fertile regions now uncultivated,, and .lead, to. an increased .pro- duction of those staples which have added so greatly to the wealth of the nation and the com- merce of the world. New fields of enterprise would he, opened. to our progressive people, and soon the devastations of war would he repaired, and all traces of our domestic differences effaced from, the, minds of our countrymen. In our efforts to preserve " the unity of gov- ernment," which constitutes us one people,, by restoring the States to the condition which they held pripr to the rebellion, we should be cau- tions, lest, having, rescued our nation from perils of threatened disintegration, we resort to consol- idation, and in the end absolute despotism, as a remedy for the recurrence of similar troubles. The .war having terminated, and with it all occa- sion for the exercise of pow,ers of doubtful con- stitutionality, we .should hasten to bring legisla- tion within the boundaries prescribed by tha Constitution, and to Beturn.to the ancient land- marks established by our fathers for the guidance of succeeding generations. "The Constitutiou which at. any time exists, until changed by an explicit and authentic act of the who! a people, is sacredly obligatory upon all." " If, in the opin- ion of the people, .the distribution or .modification of the eo^istitutipnal powers be, in any particu- lar, wrong, let it be, corrected by an. amendment in the way in which the Constitution designates. But let, there be no ,change by, usurpation ; for" " it is, .the customary weapon by which free Gov- ernments are destroyed. Washington spoke these words to. his sonntrymen when, toUo-waiiby 146 POLITICAL MANUAL. their love and gratitude, he voluntarily retired from the cares of public life. " To keep in all things within the pale of our constitutional powers, and cherish the Federal Union as the only rock of safety," were prescribed by Jefferson as rules of action to endear to his " countrymen the true principles of their Constitution, and promote a union of sentiment and action equally auspicious to their happiness and safety." J aok- son held that the action of the General Govern- ment should always be strictly confined to the sphere of its appropriate duties, and justly and forcibly urged that our Government is not to be maintained nor our Union preserved "by inva- sions of the rights and powers of the several States. In thus attempting to make our Gen- eral Government strong, we make it weak. Its true strength consists in leaving individuals and States as much as possible to themselves ; in making itself felt, not in its power, but in its beneficence ; not in its control, but in its pro- tection ; not in binding the States more closely to the centre, but leaving each to piove unob- structed in its proper constitutional orbit." These are the teachings of men whose deeds and services have made them illustrious, and who, long since withdrawn from the scenes of life, have left to their country the rich legacy of their example, their wisdom, and their patriotism. Drawing fresh inspiration from their lessons, let ns emulate them in love of country and respect for the Constitution and the laws. The report of the Secretary of the Treasury affords much information respecting the revenue and commeroeof the country, flis views upon Ihe currency, and with reference to a proper ad- justment 01 our revenue system, internal as well as impost, are commended to the careful consid- eration of Congress. In my last annual message I expressed my general views upon these sub- jects. * * * * * The report presents a much more satisfactory condition of our finances than one year ago the most sanguine could have anticipated. During the fiscal year ending the 30th June, 1865, the last year of the war, the public debt was in- creased $941,902,537, and on the Slat of Octo- ber, 1865, it amounted to $2,740,854,750. On the Slst day of October, 1866, it had been re- duced to $2,551,310,006, the diminution, during a period of fourteen months, commencing Sep- tember 1, 1865, and ending October 31, 1866, having been $206,379,565. In the last annual report on the state of the finances, it was esti- mated that during the three-quarters of the fiscal year ending the 30th of June last, the debt would be increased $112,194,947. During that period, however, it was reduced $31,196,387, the receipts .of the year having been $89,905,905 more, and the expenditures $200,529,235 less than the estimates. Nothing could more clearly indicate than these statements the oxtent and availability of the national resources, and the rapidity and safety with which, under our form of government, great military and naval estab- lishments can be disbanded, and expenses re- duced from a war to a peace footing. During the fiscal year ending the 30th of June, 1866, the receipts were $558,032,620, and the expenditures $520,750,940, leaving an available surplus of $37j2Sl,-680. It is estimated that the receipts for the fiscal year ending the 30th Jun» 1867, will be $475,061,386. and that the expefi- ditures will reach the sum of $316,428,078, leav* ing in the Treasury a surplus of $158,633,308. For the fiscal year ending June 30, 1868, it is estimated that the receipts will amount to $436,000,000, and that the expenditures will be $350,247,641^— showing an excess of $85,752,359 in favor of the Government. These estimated receipts may be diminished by a reduction of excise and import duties ; but after all necessary reductions shall have been made, the revenue of the present and of following years will doubt- less be sufficient to cover all legitimate charges upon the Treasury, and leave a large annual sur- plus to be applied to thfe payment of the princi- pal of the debt. There seems now to bo no good reason why taxes may not be reduced as the country advances in population and wealth, and yet the debt be extinguished within the next quarter of a century * # » In the month of April last, as Congress is aware, a friendly arrangement was made be- tween the Emperor of France and the President of the United States for the withdrawal fr»m Mexico of the French expeditionary militaw forces. This withdrawal was to be effected m three detachments, the first of which, it was un- derstood, would leave Mexico in November, now past, the second in March next, and the third and last in November, 1867. Immediately upon the completion of the evacuation, the Frendl Government was to assume the same attitude of non-intervention, in regard to Mexico, as is held by the Government of the United States. Re- peated assurances have been given by the Em- peror, since that agreement, that he would com- plete the promised evacuation within the period mentioned, or sooner. It was reasonably expected that the proceed- ings thus contemplated would produce a crisis of great political interest in tne Republic of Mexico. The newly appointed Minister of the United States, Mr. Campbell, was therefore sent forward, on the 9th day of November last, to assume his proper functions as Minister Plenipo- tentiary of the United States to that Eepublic It was also thought expedient that he should be attended in the vicinity of Mexico by the Lieu- tenant General of the Army of the United States, with the view of obtaining such information as might be important to determine the course to be' pursued by the United States in re-establish- ing and maintaining necessary and proper inter- course with the Republic ot Mexico. Deeply interested in the cause of liberty and humanity, it seemed an obvious duty on our part to exer- cise whatever influence we possessed for the res- toration and permanent establishment in, that ooitntry of a domestic and republican form of government. Such was the condition of affairs in regard to Mexico, when, on the 22d of November last, offi- cial information v/as received from Paris that the Emperor of France had some time before decided not to withdraw a detachment of his forces in the month of November past, according to engage- ment, but that this decision was made with the purpose of withdrawing the whole of those forces lu the ensuing spring. Of this determination, however, the tfnited States had not received any PRBSIDJromoted by the revival of fraternal relations, rthe complete obliteration of our past differences, . and the reinauguration of all the pursuits of ;j)eace. Directing our efforts to the early accom- iplishmeut of these great ends, let us endeavor to preserve harmony between the co-ordinate De- , partments of the Government, that each in its proper sphere may cordially co-operate with the other in securing the maintenance of the Con- stitution, the preservation of the Union, and the perpetuity of our free institutions. Andeew Johnsom. Washington, December 3, 1866. Veto of the Second Freedmen's Bureau Bill, Jnly 16, 1866.* To the Souse of Representatives . A careful examination of the bill passed by the two Houses of Congress, entitled "An act to con- tinue in force and to amend 'An act to establish a Biireau for the relief of Freedraeu and Refugees,' » For veto of froedmen's bill of February 29, 1866, Bee (•gea 68-71 of Colitical Manual for 1866. and for other purposes," has convinced me that the legislation which it proposes would not be consistent with the welfare of the country, and that it falls clearly within the reasons assigned in my message of the 19th of February last, re- turning, without my signature, a similar measure which originated in the Senate. It is not my purpose to repeat the objections which I then urged. They are yet fresh in your recollection, and can be readily examined as a part of the records of one branch of the national Legislature. Adhering to the principles set forth, in that mes- sage, I now reaffirm them and the line of policy therein indicated. The only ground upon which this kind of legis- lation can be justified is that of the war-makmg power. The act of wbioh this bill is intended as amendatory was passed during the existence of the war. By its own provisions, it is to termi- nate within one year from the cessation of hos- tilities and the declaration of peace. It is there- fore yet in existence, and it is likely that it will continue in force as long as the freedmen may require the benefit of its provisions. It will certainly remain in operation, as a law, until some months subsequent to the meeting of the next session of Congress, when, if experience shall make evident the necessity of additional legislation, the two Houses will have ample time to mature and pass the requisite measures. In the mean time the questions arise, why should this war measure be continued beyond the period designated in the original act ; and why, in time of peace, should military' tribunals be created to continue until each " State shall be fully restored in its constitutional relations to the Government, and shall be duly represented in the Congress of the United States?" It was manifest, with respect to the act ap- proved March 3, 1865, that prudence and wis- dom alike required that jurisdiction over all cases concerning the free enjoyment of the im- munities and rights of citizenship, as well as the protection of person and property, should be conferred upon some tribunal m every State or district where the ordinary course of judicial proceedings was interrupted by the rebellion, and until the same should be fully restored. At that time, therefore, an urgent necessity existed for the passage of some such law. Now, how- ever, war has substantially ceased ; the ordinary course of judicial proceedings is no longer inter- rupted ; the courts, both State, and Federal, are in full, complete, and successful' operation, and through them every person, regardless of race and color, is entitled to and can be heard. The, protection granted to the white citizen is already conferred by law upon the freedman ; strong and stringent guards, by way of penalties and pun- ishments,, are thrown around his person and property, and it is believed that ample protection will be afforded him by due process of law, with- out resort to the dangerous expedient of " mili- tary tribunals," now that the war has been brought to a close. The necessity no longer ex- isting for such tribunals, which had their origin in the war, grave objections to their •oontinuan(^ must present themselves to the minds of all re- flecting and dispassionate men. ludependeutly. of the danger, in representative republics, of conferring upon the military, in time of peaoa. 148 POLITICAL MANUAL. extraordinary powers — so carefully guarded against by the patriots and statfcamen of the ear- lier days of the Republic, so frequently the ruin o.t Governments founded upon the same free prin- ciples, and subversive of the rights and liberties of the citizen — the question of practical economy earnestly commends itself to the consideration of tbe law- making power. With an itamense debt- already burdening the incomes of the industrial and laboring classes, a due regard for their in- terests, 80 inseparably connected with the welfare of the country, should prompt ns to rigid econ- omy and retrenchment,- and influence us to ab- stain from all legislation that would unnecessa- rily increase the public indebtedness. Tested by this rule of sound political wisdom, I can see no reason for the establishment of the " military jurisdiction" conferred iipon the officials of tbe bureau by the fourteenth section of the bill. By the laws of the United States and of the different States, competent courts, Federal and State, have been established, and are now in full practical operation. By means of these civil tribunals ample redress is afforded for all private wrongs, whether to the person or the property of the citizen, without denial or unnecessary delay. They are open to all, without regard to Color or race. I feel well assured that it *ill be better to trust the rights, privileges, and immunities of the citizen totribtinals thus established, andjre- sided over by competent and impartial judges, bound by fixed rules of law and evidence, and where the right of trial by jury is guarantied and secured, than to the caprice or judgment of an officer of the bureau, who, -it is possible, may be entirely ignorant of the principles that un- derlie the just administration of the law. There is danger, too, that fconflict of jurisdiction will frequently arise between the civil courts and these military tribunals, each having concurrent jurisdiction over the person and the Cause of action, the one judicature administered and con- trolled by civil law, the other by the military. How is the conflict to be settled, and who is to determine between the two trihunals when it arises? In my opinion, it is wise to guard against such conflict by leaving to the courts and juries the protection of all civil rights and the redress of all civil grievances. The fact cannot be denied that, since the actual cessation of hostilities, many acts Of violence — such, perhaps, as had never been witnessed in their previous history — -have occurred in ' the States involved in the recent rebellion. I be- lieve, however,that piblic sentiment will sustain me in the assertion that such deeds Of wrong are not confined to any particular State or section, but are manifested over the entire country, demonstrating that the cause that produced them does not depend upon any particular locality, but is the result of 'the agitation and derange- ment incident to a long and bloody civil war. While the prevalence of such disorders must be greatly deplored, their occasional and temporary occurrence would seem to furnish no necessity; for the extension of the bureau beyond the pstiod fixed in the original act. Besides the objections which I have thus briefly stated, I may urge upon your considera- tion the additional reason, that recent develop- ments in regard to the practical operations of the bureau in many of the States show that in numerous instances it is used by its agents as a means of promoting their individual advantage, and that me freedmen are employed for the ad- vancement of the personal ends of the officers instead of their own improvement and welfare, thus confirming the fears originally entertained by many, that the Continuation of such a bureau for any unnecessary length of "time would inevit- ably result in fraud, corruption, and oppression. It is proper to state that in cases of this character investigations have been promptly ordered, and the offender punished whenever his guilt has been satisfactorily established. As another reason against the necessity of the legislation -contemplated by this measure, refer- ence may' be had to the " civil rights bill," now a law of the land, and which will be faithfully executed so long as it shall remain unrepealed and may not be declared unconstitutional by courts of competent jtiriadiction. By that act "it is enacted "that all persons born in the United States, and not subject to any foreign Power, ex- cluding Indians not taxed, are hereby declared to be citizens of the "United States ; and sUch citizens, of every race and color, without regard to any previous condition of slavery or involun- tary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in B'very State and Territory in the United States, to make and en- force contracts, to sue, be parties, and give evi- dence, to inherit, purchase, lease, sell, hold, and con'vey real and personal property, and to full and equal benefit of all laws and proceedings fOr the security of person and property, as is enjoyed by white citizens, and shall be subject to li'ke punishment, pains, and penalties, and to none other, any law, statute. Ordinance, regulation, or custom to'-the contrary notwithstanding." By the provisions of the act full protection is afforded, through the district oonfts of the' United States, to all persons injured, and whOse privi- leges, as thus declared, are in any way impaired ; and heavy penalties are denotinced against the person who wilfully' violates the' law. I n'sed not state that that law did not receive my ap- proval ; yet its remedies are far more preferaaie than those proposed in the present bill, the one being civil and the other mili(;ary. By the sixth Section of the ' bill herewith re- turned, certain pToceedings by which the lan'ds in the " parishes of St. Helena and -St. Luke, South Carolina," were sold and bid in, andafteri- wards disposed of by the tax commissioners, are ratified and confirmed. By the seventh, eighth, ninth, tenth, 'and eleventh sections provisions by law are made for the disposal Of the lands thus acquired to a particular class of citizens. While the quieting of titles is deemed very important and desirable, the discrimination made in the bill seems objectionable, as does also the attempt to confer upon the commissioners jtidicial powers, by which citizens of the United States are to fee deprived of their property in a mode contrary to that provision of the Constitution which .de- clares that no person " shall be deprived of 'life, liberty, or property -without due process of law." As a general principle, such legislation isunsahi, PKESIDENT JOHNSON S MESSAGES. 149 unwise, partial, and unconstitutional. It may deprive persons of tkeir property who are equally deserving objects of the nation s bounty as those ■whorn, by this legislation, Congress seeks to benefit. The title to the, land, thus to be por- tioned jut to a favored class of citizens must depend upon the regularity of the tax sales, tinder the law as it. existed at the time of the Bale, auJ no subsequent legislation can give va- lidity i:) the rights thus acquired, as against the original claimants. The attention of Congress is therefore invited to a-more mature considera- tion of the measures proposed in these sections of the bill. In conclusion, I again urge upon Congress the danger of class legislation, so well oalautated to keep the public mind in a state of uncertain . expectation, disquiet, and restleasness, and to en- courage interested hopes and fears that the ua- tionai Government will continue to furnish to classes of citizens in the several States means for support and maintenance, regardless of whether they pursue a life of indolence or of labor, and regardless also of the constitutional limitations of the national authority in times of peace and tranquillity. The bill is herewith returned to the House of Bepresentatives, in which it originated, for its final action. Ahdbew Johnson. Wabhisgtok, D. C, July lb, 1866. Copy of tho Vetoed Bill. An Act to continue in force and to amend " An act to establish a Bureau for the relief of Freedmen and Befugees," and for other pur- poses. Be it enacted, .XM)S9n, I)efrees,.Delano, Doming, Donnelly, Driggs, Eckley, E^Kleston,.EZ£ZWd^e, Farnsworth, Farquhar, Ferry, i?'iwc7<:, Garfii-ld, 6lf)ssbremijsr,Aa.rnnnariling,A!imm C. Harding, Hart, .5^o^a7?, Holmes, Hooper, Uotchkiss, Asor hel W. Hubbard, Chester D, Hubbard, John H. Hubbard, James R. Hubbell, Hulbnrd, Jamesf M. Humphrey, Inger- Boll, Johnson, Kasson, Kevr, Kelcham. Knontz, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Lynch, Marston, McOulhugh, McRuer, Mercur, Miller, Moor- head, Morrill, Morris, Moultou, Myers, Newell, Niblack, Nicholson, JSoeU, O'Neill, Orth, Patterson, Perham, Phelps, Pike, Plan ts. Price, Radford, &i-muel J. Randall, William H. Randall, Raymond, Alexander H. Rice, Jolia II. Rjce, liit- ter, Rogers, RollinE , Ross, Rousseau, Sawyer, Schenck, Sco- lield, Shellabarger, &ttgr£avns, S()alding, Stevens, Sirouse, Taber, Taylor, Tbay ar, Francis Thomas, John L. Thomas, j "., Tluyrnt&n, Ti-irtibU, Trowbridge, Tan Aernam, Burt Van Horn, Robert T. Tan Horn, Ward, Warner, Henry D. Waah- bilrn, Willinm B. Wa^^hbnrn, Welker, Wentworth, Whaley, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge, Wr^;ii— 126. Nays — Messrs. Alley, Benjamin, Boutwell, Eliot, Iligby, Jenckes, Julian, Kelley, Loan, McClurg, Paine, Williams — 12, July 23, 1866 — The Sehate amended and pa-ssed it. in these words : Joint Resolution restoring Tennessee to her re- lations to the Union. Whereas, in the year eighteen hundred and sixty-one, the government of the State of Ten- nessee was seized upon and taken possession of by persona in hostility to the United States, and the inhabitants of said State, in pursuance of an act of Congress, were declared to be in a state of insurrection agaiiiat the United States ; and whereas said State government can only be re- ' stored to its former political relations in the Union by the consent of the law-making, power of the United States ; and whereas the people of said Stata did, on the twenty -second day of Feb- ruary, eighteen hundred and sixty-five, by a large popular vote, adopt and ratify a constitu- tion of government whereby slavery was abol- ished, ani all ordinances and laws of secession, and debts contracted under the same, were de- clared void ; and whereas a State government has been organized under said constitution which has ratified the amendment to f'e Constitution of the Unif^d Sta'tes a^olifhittf rfavery, also the amendment proposed by the riSirty-Ninth Con- gress, and has done olh<>r acSs proclaiming and denoting loyalty: Therefore, Be it resolved Jj- the Senate and House of Rep- resentatives of the United States of America in. Congress assembled, That the State of Tennessee is hereby restored to her former proper, practi- cal relatioris to the Union, and is again entitled to bo represented by Senatois and Eeprossnta- tives in Congress. The vote was — yeas 28, nays 4, as follow : ' Yeas — Messrs. Authony, Chandler, Clark, Connesa, Cbwah, Croawoll, Doolittle, Edmunds, Poster, Hmdricks, Howard,. Howe, Lane, Morg;ra, Morrill, Nesmith, Nye, Poland, £?ome- i-oy, Sprague, Stewart, Trumbull, Tan Winkle, Wade, Wil- loy, Williams. Wilson, Yates— 28. Nays — Messrs. Rrown, Buckalew, MoDougaU, Smnner^. July 23 — The House agreed to the Senate amendments, yeas 93, nays 26, as follow : Yeas — Messrs Allison, Ames, Anderson, Delos R. Ashley, Baker, Banks, Barker, Baxter, Benjamin, Bidwell, Bing- ham,. Boutwell, Bromwell, Broomall, Suckland, Reader W. Clarke, Cobb, Conkling, Defrees, Dixon, Donnelly, Drijigs, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Gar^ field, Abuer C. Harding, Hart, Hayes, Higby, Holmes, Hooper, I-Iotchkiss, Asahel W. Hubbard, Chester D. Hub- bard, .John H. Hubbard, /ames R. Hubbell, Hulburd, Inger- soll,jTuliiiu, Kelley, Ketcham, Koontz, Kuykendall, Laflin, George T Lawi-ence, William Lawrence, Loan, Lynch, Macff-'" ton, McClurg, McBuer, Mercur, Miller, Moorhejid, JU^rrill, MoiTis, Moulton, Myers, Newell, O'Neill, Orth, Painej Per- ham. Plants, Price, William H. Randall, Alexander H. Rice, John H- Rice, Rollins, Sawyer, Schenck, Scofield, Shella- barger, Spalding, Stevens, John L. Thomas, jr., Trowbridge, Tan Aernam, Burt Tan Horn, Robert T. Tan Horn, Ward, Welker, WeiifworWi, Whaley, Williams, James F. Wilsdri", StephenF.AVilson, Windom, Woodbridge — 93. Nays — Messrs. Jimiona, Bergen, Boyer, Dawson, Elctridge^, i'lTtclc, Gloss^irenner, Aaron Saraing, Jenckes, Johnton, tjt- tham, Le Bl^md, JilarshaU, Niblack, Nicholson, Ra^oi'd, Samuel J.Randall, Raymond, Ritter, Ross, SharihUti, StrousSn Xaber, Taylm; Thomiim, IHmbU—W. July 24 — The Peesidbnt approTeA the bill, sending to the House this message : To the Souse of Representatives : The following "joint resolution, restoring Teh- ■nessee to her relations to the Union," was last evening presented for nay approval: " Whereas, in the year eighteen hundred and sixty-one, the government of the State of Ten- nessee was seized upon and taken possession of by persons in hostility to the United States, and the inhabitants of said State, in pursuance of an act of Congress, were declared to be in a state Of insurrection against the United States ; and whereas said State government can only be re- stored to its former political relations in the Union by the consent of the law-making power of the United States ; and whereas the people of said State did, on the twenty -second day of Feb- ruary, eighteen hundred andf sixty-five, by a large popular vote, adopt and ratify a constitution of government whereby slavery was abolished and all ordinances add laws of secession, and debts cotitTacted under the same, were declared void; and whereas a State government has been or- tanized under said constitution, which has rati- ed the amendment to the Constitution of. the United States abolisliing slavery, also the amend- ment proposed by the Thirty- Ninth Congress, and has done other acts proclaiming and de- noting loyalty ; Therefore, "Be itrcsolved by the Senate and Souse of Rep- resentatives of the United States in Congress as- sembled, Th'tt the State of Tennessee is herebjf PRESIDENT JOHNSON'S MESSAGES. 153 restored to her former practical relations to the Uuion, and is again entitlpd to be represented by Senators and Representatives in Congress." The preamble simply consists of statements, 4ome of which are 3,ssumed, while the' resolution Ibi merely a declaration of opinion. It comprises no legislation, nor does it confer any power w^ioh is binding upon the respective Houses, the Executive, or the States. It does not admit to their seats in Congress the Senators and Repre- .sentativea from the State of Tennessee ; for, notwithstanding the passage of the resolution, each House, in the exercise of the constitutional right to judge for itself of the elections, returns, and qualifications of its members; may, at its discretion, admit them, or continue to exclude them. If a joint resolution of this character were necessary and binding as a condition pre- cedent to the admission of members of Congress, it would happen, in the event of a veto by the Ex- ecutive, that Senators and Representatives could only be admitted to the halls of legislation by a two-thirds vote of each of the two Houses. Among other reasons recited in the preamble for the declarations contained in the resohition is the ratification, by the State government of Tennessee, of " the amendment to the Constitu- tion of the United States abolishing slavery, and also the amendment proposed by the Thirty- Hinth Congress." If, as is also declared in the preajpble, " said State government can only be •estored to its former political relations in the Onion by the consent or thd law-making power of the United States," it would really seem to follow tha,t the joint resolution which, at this late day, nas received the sanction of Congress, should have Been, passed, approved, and placed on the statute books before any amendment to the Constitution was submitted to the Legislature of Tennessee for ratification. Otherwise, the inference is plainly dednoible that while, in the opinion of Jongress, the people of a State may be too stfongly disloyal to be entitled to representa- tion, they may, nevertheless, during thesuspen- Bion, of their " former proper practical relalions to the Union," have an equally potent voice with other and loyal States in propositions to amend the Constitution, upon which so essen- ttally. depend the stability, prosperity, and very existence of the nation. A brief reference to. my annual message of the 4th of December last will show the steps taken by the Executive for the restoration to their con- Btitutional relations to the Union of the States that had been affected by the rebellion. - Upon the cessation of active hostilities, pro- visional governors were appointed, conventions called, (Governors elected by the people, Ijegisla- tures assembled, and Senators and Representa- tives chosen to the Congress of the United States. At the same time the courts of the United States were reopened, the blockade removed,. the custom- houses re-established, and postal operations re- sumed. The amendment to the Constitution abol- ishing slavery forevei; within the limits of the country was also submitted to the States, and they were thus invited to, and did participate in its i-atification, thus exercising the highest functions pertaining to a State. In addition, nearly all of these States, through their conventions and Legislatures, had adopted and ratified constitu- tions " of government, whereby slavery was abolished, and all ordinances and laws of se- cession, and debts contracted under the same, were declared void." So far, then, the political existence of the States and their relations to the Federal Govern- ment had been fully and completely recognized and acknowledged by the executive department of the Government ; and the completion of the work of restoration, which had progressed so favorably, was submitted to Congress, upon which devolved all questions pertaining to the admission to their seats of the Senators and Rep- resentatives chosen from the States whoso peo- ple had engaged in the rebellion. All these steps had been taken, when, on the fourth day of December, eighteen hundred and sixty-five, the Thirty-Ninth Congress assembled. Nearly eight months have elapsed since that tinie ; and no other plan of restoration having been proposed by Congress for the measures in- stituted by the Executive, it»B now declared in the joint resolution submitted for my approval, " that the State of Tennessee is hereby restored to her former proper practical relations to the Union, and is again entitled to be represented by Senators and Representatives in , Congress. ' Thus, after the lapse of nearly eight months. Congress proposes to pave the way to the admis- sion to representaliion of one of the eleven States whose people arrayed themselves in rebellion against the constitutional authority of the Fede- ral Government. Earnestly desiring to remove every cause of further delay, whether real or imaginary, on the part of 'Congress to the admission to seats of loyal Senators and Representatives from the State of Tennessee. I have, notwithstanding the anomalous character of this proceeding, affixed my signature to the resolution. My approval, however, is not to be construed as an acknowl- edgment of the right of Congress to pass laws preliminary to the admission of duly qualified representatives from any of the States. lifeither is it to be considered as committing me to all the statements made in the preamble, some of which are, in my opinion, without foundation in fact, especially the assertion that the State of Ten- nessee has ratified the amendment to the Con- stitution of the United States proposed by the Thirty-Ninth Congress. No official nt?tice of such ratification has been received by the Exec- utive, or filed in the Department of State ; on the contrary, unofficial information from most reliable sources induces the belief that the amendment has not yet been constitutionally sanctioned by the Legislature of Tennessee. The right of each House, under the .Constitution , to juage of the elections, returns, and qualifications of its own members is undoubted, and my ap- proval or disapproval of the resolution could not in the slightest degree increase or diminish the authority in this respect conferred upon the two branches of Congress. In conclusion, I cannot too earnestly repear my recommendation for the admission of Ten- nessee, and all other States, to a fair and equal' participation' in national legislation, when they present themselves in the persons of loyal Sena- 154 rOLITIOAL MANUAL. tor3 and Representatives, who can comply with all the reqmrement-s of the CoQstitution and the laws. By this means, harmony and reconcilia- tion will be effected, the practical relations of all the States to the Federal Government re- established, and the work of restoration, inaugu- rated upon the termination of the war, success- fully completed. Akdbew Johkson. WASHiirGTOH, D. C, July 24, 1866. Veto of the District of Columbia Sufirage Bill, January 7, 1867. To the Senate of the United Slates: I have received and considered a bill entitled "An act to regulate the elective franchise in the District of Columbia," passed by the Senate on the ■ 13th of December, and by the House of Representatives on the succeeding day. It was presented for my approval on the 26th ultimo, six days after the adjournment of Congress, and is now returned with my objections to the Senate, in which House it originated. Measures having been introduced, at the com- mencement of the first session of the present Congress, for the extension of the elective fran • chise to persons of color in the District of Co- lumbia, steps were taken by the corporate authorities of Washington and Georgetown to ascertain and make known the opinion of the people of the two cities upon a subject so imme- diately affecting their welfare as a community. The question was submitted to the people at sp(-<.ial elections, held in the month of December, lf;85, when the qualified voters of Washington and Georgetown, with great unanimity of senti- ment, expressed themselves opposed to the con- templated legislation. In Washington, in a vote of 6,556 — the largest, with but two exceptions, ever polled in that city — only thirty-five ballots were cast for negro suffrage ; while in George- town, in an aggregate of 813 votes — a number considerably in excess of the average vote at the four preceding annual elections — but one was given in favor of the proposed extension of the elective franchise. As these elections seem to have been conducted with entire fairness, the result must be accepted as a truthful expression of the opinion of the people of the District upon the question which evoked it. Possessing, as an organized community, the same popular rights as the inhabitants of a State or Territory to make known their will upon matters which affect their social and political condition, they could have selected no more appropriate mode of memorializing Congress upon the subject of this bill than through the suffrages of their qualified voters. Entirely disregarding the wishes of the people of the District of Columbia, Congress has deemed it right and expedient to pass the measure now submitted for my signature. It therefore be- comes the duty of the Executive, standing be- tween the legislation of the one and the will of the other, fairly expressed, to determine whether he should approve the bill, and thus aid in placing npon the statute-books of the nation a law against which the people to whom it is to apply have solemnly and with such unanimity pro- tested, or whether hie should return it with his tbjections, in the hope that, upon reconsideration, Congress, acting as the representatives of the inhabitants of the seat of Government, will per-^ mit them to regulate a purely local question an to then, may seem best suited to their interests and condition. The District of Columbia was ceded to the United States by Maryland and Virginia, in order that it might become the permanent seat of Government of the United States. Accepted by Congress, it at once became subject to the " exclu- sive legislation" for which provision is made in. the Federal Constitution. It should be borne m mind, however, that in exercising its fuiictiomi as the law-making power of the District of Co- lumbia, the authority of ■'he National Legislature is not without limit, but that Congress is bound to observe the letter and spirit of the Constitu- tion, as well in the enactment of local laws for the seat of Government as in legislation common to the entire Union. Were it fo be admitted that the right "to exercise exclusive legislation in all cases whatsoever " conferred upon Congress unlimited power within the District of Columbia, bills of attainder and ex post facto laws might be passed, and titles of nobility granted within its boundaries. Laws might be made " respect- ing an establishment of 'religion, or ptohibiting the free exercise thereof; or abridging the free- dom of speech or of the press ; or the right oi the people peaceably to assemble and to petition the Government for a redress of grievaijoea." " The right of the people to be secure in their persons, houses, papers, "and effects against un- reasonable searcnes and seizures" might with impunity be violated. The right of trial by jury might be denied, excessive bail required, excess- ive fines imposed, and cruel and unusual pun- ishments inflicted. Despotism would thus reign at the seat of government of a free republic; and, as a place of permanent residence, it would be avoided by all who prefer the blessings of liberty to the mere emoluments of official posi- tion. It should also be remejnbered that in legislate* ing for the District of Columbia, under the Fed-" eral Constitution, the relation of Congress to its inhabitants is analogous to that of a Legislature to the people of a Slate, under their own local constitution. It does not, therefore, seem to be asking too much that, in matters pertaining to the District, Congress should have a like respect for the will and interest of its inhabitants as is entertained by a State Legislature for the wishes and pro-perity of those for whom they legis- late. The spirit of our Constitution and the genius of our Government require that, in regard to any law which is to affect and' have a perma- nent b.earing upon a people, their will should exert at least a reasonaole influence upon those who are acting in the capacity of their legisla- tors. Would, for instance, the Iiegislature of the State of iSI'ew York, or of Pennsylvania, or of Indiana, or of any State in the Union, in oppo- sition to the expressed will of a large majority ef the people whom they wece chosen to represent, arbitrarily force upon them, as voters, all per- sons of the African or negro race, and make them eligible for office without any other quali- fication than a certain term of residence withiii the State? Tn neither of the States named PRESIDENT JOHNSON S MESSAGES. ■>55 wonld the colored population, when acting to- gether, be able to produce any groat social or political result. Yet, in New Xork, before he qan vote, the man pf color must fulfill conditions taat are not required of the white citizen ; in fefmnBylvania the elective franchise Ib restricted to white freemen ; while in Indiana negroes and mulattoes are expressly excluded from the right of suffrage. It hardly seems consistent with the prinpiples of right and justice that representa- tives of States where suffrage is either denied the colored man, or granted to him on qualifications requiring intelligence or property, should compel the people of the District oi Columbia to try an experiment which their own constituents have thus far shown an unwillingness to test for them- selves. Nor does it accord with our republican ideas that the principle of self government ^ould lose its force when applied to the resi- dents of the District, merely because their legis- lators are not, like those of the States, responsi- ble, through the ballot, to the people for whom they are the law-making power. The great object of placing the seat of Gov- enjment under the exclusive legislation of Con- gress was to secure the entire independence of the General Government from undue State influ- ence, and to enable it to discharge, without danger of interruption or infringement of its authority, the high functions for which it was created by the people. For this important purpose it was ceded to the United States by Maryland and Virginia, and it certainly never could have been contemplated, as one of the objects to be attained by placing it under the exclusive jurisdiction of Congress; that it would afford to propagandists or political parties a place for an experimental test of their principles and theories. While, indeed, the residents of the seat of Government are not citizens of any State, and are not therefore allowed a voice in thp Electoral College, or representation in the cbnncils of the nation, they are, nevertheless, American citizens, entitled as such to every giiaranty of the Constitution, to every benefit of the laws, and to every right which pertains to ciiizens of our common country. In all matters, ^en, affecting their domestic affairs, the spirit of our democratic form of government demands that their wishes should be consulted and respected, and they taught to feel that, although not permitted practically to participate in national concerns, they are nevertheless under a paternal Government, regardful of their rights, mindful of their wants, and solicitous for their p;tosperity. It was evidently contemplated that g,ll local questions would ba jeft to their decision, at least to an extent that would not be incom- patible with the object for which Congress was granted exclusive legislation over the seat of Gov- ernment. When the Constitution was yet under ^"nsideration, it was assumed by Mr. Madison that its inhabitants would be allowed " a municipal legislature for local purposes, derived from their own suffrages." When, for the first time, Con- gress, in the year 1800, assembled, at Washing- ton, President Adams, in his speech at its open- ing, reminded the two Houses that it was for tjiem to consider whether the local powers over the J)istriot of Columbia, vep*-=d by the Consti- tution in the Congress of the Uni'.ed States, should be immediately exercised, and he asked them to " consider it as the capital of a great nation, advancing" with unexampled rapidity in arts, in commerce, in wealth, and in popu- lation, and possessing within itself those re- sources which, if not thrown away or lamenta- bly misdirected, would secure to it a long course of prosperity and self-government." Three years had not elapsed when Congress was called upon to determine the propriety of retroceding to Maryland and Virginia the jurisdiction of the territory which they had respectively relin- ?uished to the Government of the United States, t was urged on the one hand that exclusive ju- risdiction was not necessary or useful to the Government ; that it deprived the inhabitants of the District of their political rights ; that much of the time of Congress was consumed in legis- lation pertaining to it ; that its government was expensive; that Congress was not competent to legislate for tht District, because the members were strangers to its local concerns ; and that it was an example of a government without repre- sentation — an experiment dangerous to the liber- ties of the States. On the other hand, it was held, among other reasons, and successfully, that the Constitution, the acts of cession of VLyinia and Maryland, and the act of Congress accepting the grant, all contemplated the exercise of exclusive legislation by Congress, and that its usefulness, if not its necessity, was inferred from the inconven- ience which was felt for want of it by the Congress of the Confederation ; that the people themselves, who, it was said, had been deprived of their political rights, had not complained, and did not desire a retrocession; that the evil might be remedied by giving them a representation in Con- gress when the District should become sufficiently populous, and, in the mean time, a local legisla- ture ; that, if the inhabitants had not political rights, they had great political influence; that the trouble and expense of legislating for the District would not be great, but would diminish, and might, in a great measure, be avoided by a local legislature; and that Congress could not retrocede the inhabitants without their consent. Continuing to live substantially under the laws that existed at the time of the cession, and such changes only having been made as were suggested by themselves, the people of the District have not sought, by a local legislature, that which has generally been willingly conceded by the Con- gress of the nation. As a general rule, sound policy requires that the Legislature should yield to the wishes of a people, when not inconsistent with the Consti- tution and the laws. The measures suited to one community might not be well adapted to the condition of another ; and the persons best qual- ified to determine such questions are those whose interests are to be directly affected by any proposed law. In Massachusetts, for in- stance, male p'ersous are allowed to vote with- out regard to color, provided they possess a cer- tain degree of intelligence. In a population in that State of 1,231,066, there were, by the census of 1860, only 9,602 persons of color ; and of the males over twenty years of age, there, were 339,086 white to 2,602 colored. By the same 156 POLITICAL MANUAL. official enumeration, there were in the District of Columbia 60,764 whites to 14,316 persons of the colored race. Since then, however, the pop- ulation of the District has largely increased, and it is estimated that at the present time there are nearly a hundred thousand whites to thirty thousand negroes. The cause of the augmented numbers of the latter class needs no explanation. Contiguous to Maryland and 'Virginia, the Dis- trict, during the war, became a place of refuge for those who escaped from servitude, and it is yet the abiding place of a considerable propor- tion of those who sought within its limits a shelter from bondage. Until then held ia slavery, and denied all opportunities for mental culture, their first knowledge of the Government was acquired when, by conferriug upon them freedom, it became the benefactor of their race ; the test of their capability for iinprovement began when, forthe tirst time, the career of free industry and the avenues to jatelligeuce were opened to them Possessing tt-ese advantages but a limited time — the greatei number perhaps having entered the District of Columbia during the later years of the war, or since its termina- tion, we inay well pause, to inquire whether, after so brief a probation, they are as a class capable of an intelligent exercise of the right of suffrage, and qualified to discharge the duties of official position. The people who are daily wit- nesses of their mode of uving, and who have become, familiar with their habits of thought, have expressed the conviction that they are not yet competent' to serve as electors, and thus be- lome eligible for office in the local gpvernments under which they live. Clothed with the elect- ive franchise, their numbers, already la,rgely in excess of the demand for labor, would be soon increased by an influx from the adjoining States. Drawn from field's where employment is abun- dant, they would in vain seek ii here, and so add to the embarrassments already experienced from the large class of idle persons congregated in the District. Hardly yet capable of forming correct judgments upon the important questions that often make the issues of a politicar contest, they could readily be made subservient to the purposes of designing persons. While in Massa- chusetts, under the census of 1860, the propor- tion of white to colored males over twenty years of age was one hundred' and thirty to one, here the, clack race constitutes nearly one-third of the entire population, whilst the same class sur- rounds the District on all sides, ready to change their residence at Sr moment's, notice,, and with all the fao'llify of a nomadic people, in order to enjoy here, after a short residence, a privilege they find nowhere else. It is within their power in one year to come into the District in such numbers as to have the supreme control, of the white race, and to govern them by their own officers, and by the exeroige of all the municipal authority, among the rest, of the power of tax- ation over property in which they have no in- terest. In Massachusetts, where they have eu: joyed the benefits of a thorough educational sys- tem, a qualification of intelligence is required, while here suffrage is extended to all, without discrimination, as well to the most incapable, who can prove a residence in the District of ore year, as to those persons of color who, compara- tively few in number, are permanent inhabit- ants, and having given evidence of merit and' qualification, are recognized. as useful and re- sponsible members of the community. Imposed upon an unwillipg people, placed, by the Con- stitution, under the exclusive legislation of Con- gress, it would be viewed as an arbitrary exer- cise of power, and as an indication' by the coun- try of the purpose of Congress to compel the acceptance of negro suffrage by the States. It would engender a feeling of opposition and' hatred between the two races, which, becoming deep-rooted and ineradicable, would prevent them from living together in a state of mutual friendliness. Carefully- avoiding every measure that might tend to produce such a result, and; following the clear and well-ascertstined popular, will, we should assidUpusly endeavor to promote kindly relations between them, and thus, when that popular- will leads the way, prepare for the gradual and harmonious introduction of thjs new element into the political power of the country. It cannot be urged that the proposed exten- sion of suffrage in the District of Cblumbi'a' is necessary to enable persons of color to protfect' either their interests or their right*. They stand here precisely as they stand in Pennsylvanisi,' Ohio, and Indiana., Here, as else'where, in all that pertains to civil rights, there is nothing to distinguish this class of persons from citizens of the United States ; for they possess the " full and equal benefit of all laws and proceedings for the security of person and property as is en- joyed by white citizens," and are made ".subject to, like punishmeni., pains, and penalties, and to none otler, any law, statute, ordinance, regulas" tion, or custom to the contrary notwithstand'' ing." Nor, as has been assumed, are their suf*'' frases necessary to aid a loyal sentiment here ;. for local governments already exist of undoubted fealty to the Government, and are sustained by communities which were among the first to testify their devotion to the Union, and which, during the struggle, furnished their full quotas of men to the military service of the country. The exercise of the elective franchise is the highest attribute of an American citizen, and, when guided by virtue, intelligence, patriotism-, and a proper appr.-i-iiition of bur institutions, constitutes the true basis of a democratic form of government, in, which the sovereign power is lodged in the body of the people. Its influence for good necessarily depends upon the elevated character and patriotism of the elector ; for if exercised by persons who do not justly estimate its valhe, and who are indifferent as to its re- sults, it will only serve as a means of placing power in the hands of the unprinoipledand am- bitious, and miist eventuate in me complete destruction of that liberty of which it should be the most powerful conservator. Great danger: is, therefore, to be apprehended from an untimely; extension of the elective franchise to any new' olass in our country, especially when the large majority of that class, in wielding the power thus placed in their hands, cannot be expected' correctly to comprehend the duties and respons;- bilities which pertain to suffrage. Yesterday. -; PRESIDENT Johnson's MESSAaES. 157 M it were, four, millions of persons were held in a condition of slavery that had existed for gen- erations; to-day they are freemen, and are as- sumed by law to be citizens. It oanaot be pre- Bumed, from theirprevious o;'ndition of servitude, that as a class they are as well inf.:m6d as to the nature of our Government aa the intelliRetit foreigner who makes our land the home of his choice. In the case of tho latter, neither a resi- dence of five years, and th« knowledge of our institutions "wnich it gives, ijor attachment to' therprinciplea of thie 'Goastitution, are the only condi-tions upon which he can be admitted to dtizenehip. He must prove, in addition, a.good moral character, and thus give reasonable ground for bhe belief tha,t h-ewill t)e faithful tothe obli-' g'ations which he assumes as a citizen of the Republic. Where a people^-the source of all po- litical power-^speak, by their Suffrages, thtough the instrumentality of the ballot-box, it must oe carefully guarded against the control of those who are corrupt in principle and enemies of free institutions, for it can only become to our politi- cal and social system a safe conductor of healthy popular sentiment when kept free from demor- alizing influences. Controlled, through fraud and usurpation, by the designing, anarchy and despotism must inevitably follow. In the hands of , the patriotic and worthy, our Government will be preserved upon the principles of the Constitution inherited from oui' fathers. It fol- laWs, therefore, that. in admitting to the ballot- box a new class of voters not qualified for the exercise of the elective franchise, we weaken oUr system of government instead of adding to its strength and durability. •Ir returning this bill to the Senate, I deeply regret that Mere should be any conflict of opiniion between the legislative and executive departments of the Government in regard to measures that vitally affect the prosperity and pteace of the country. Sincerely desiring to reconcile the States with one another, and the whole people to the Government of the United States, it has been toy earnest wish to co-operate with Oongtess in all measures having for their object a proper and complete adjustment of the Questions resulting from our late civil war. [armony between the co-ordinate branches of ti.e Government, always necessary for the public welfare, was uever more demanded than at the present time, and it will therefore be my con- stant aim to promote, as far as possible, concert of action between them. The differences of opioipn that have already occurred have ren- dered me only the more ca.utious, lest the Execu- tive should encr(*aeh upon any of the preroga- tives of Congress, or, by exceeding in any man- ner the constitutional limit of his duties, destroy the iBquili brium which should exist between the several co-ordinate departments, and which is so essential to the harmonious working of the Gov- ernment. I know it has been urged that the ex'3outi'?'e department is more likely to enlarge the sphere of its action than eitber of the other two branches of the Government, and especially in the .exercise of the veto power conferred upon it by 'th& Constitution. It shorald be remembered, however, that this power is wholly negative and conservative in its character, and was intended to operate as a check upon unconstitutional, hasty, and improvident legislation, and as a means of protection against invasions of the just powers of the executive and judicial depart- ments. It is remarked by Chancellor Kent. that " to enact laws is a transcendent power ; and, if the body that possesses it .be a full and equal representation of the people, there is danger of it's pressing with destructive weight upon all the other pal-ts of -the machinery of government. It has, therefore, been thought necessary, by the most skillful and most experienced artists in the science of civil ,polity, that .strong barriers should be erected for the protection and security of the other "necessary powers of the Govern- ment. Kothing has been deemed more fit and expedient for the purpose .than the provision that the head of the executive department should be so constituted as to secure a requisite share of independence, and that he should have a negative upOn the passing ,of laws ; and that the judiciary poWer, resting on a still rdore per- manent basis, should have ^e right of deter- mining Upon the validity of laws by the stand-, ard of the Constitution. The necessity of some such check in the hands of the Executive is shown by reference to the, most eminent Writers upon our system of gov- ernment, who seem to concur in the opinion that, encroachments are most to be apprehended from the department in which all legislative powers are vested by the Constitution. Mr. Madisoi>,^ in referring to the difficrilty of providing some practical security for each against the invasion of the others, remarks that "the legislative de- partment is everywhere extending the sphere of its activity, and drawing all power into its im- petuous vortex." " Thefoundersof ourrepublics * * * seem never to have recollected the danger from legislative usurpations, which, by assembling all power in the same hands, must lead to the same tyranny as is threatened by executive usurpations." " In a representative republic, where the executive magistracy is care- fully limited, both in the extent and the duration of its power, and where the legislative power is , exercised by an assembly which is inspired by a supposed influence over the people with an inltepid confidence in its oWn strength ; which , is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions by means which, reason prescribes — it IS against the enterprising ambition of this de- partment that the people ought to .indulge all their jealousy and exhaust all their precautions'." " The legislative department derives a superiority ! in our governments .from other circumstances. Its Gonstitutional powers being at once more extensive and less susceptible of precise ' limits, , it can with the greater facility mask, under com- plicated and indirect measures, the encroach- ments which it' makes on the co-ordinate depan- ments." "On the other side, the executive power being- restrained within a narrower compass, and being more simple in its nature, and the judiciary being described by landmarks still less uncertain, projects of usurpation by either of those depart- ments would immediately betray and cfefeat themselves. Nor is this .all. As the legiilatilw 158 POLITICAL MANUAL. department alone has access to the pockets of the people, and has-, in some constitutions, full discretion, and in all a prevailing influence over the pecuniary rewards of those who fill the other departments, a dependence is thus created in the latter which gives still greater facility to en- croachments of the former." " We have seen that the tendency of repuhlican governments is to an aggrandizement of the legislative, at the expense of the other departments.*' Mr. Jefferson, in referring to the early consti- tution of Virginia, objected that by its provisions all the powers of government, legislative, execu- tive, anU judicial, resulted to the legislative body , holding that "the concentrating these in the same hands is precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy-three despots would surely be as oppres- sive as one." "As little will it avail us thatthey are chosen by ourselves. An elective despotism was not the government we fought for, b,ut one which should not only be founded on free prin- ciples, but in which the powers of government should be so divided and balanced among several bodies of magistracy as that no one could tran- scend their legal limits without being effectually checked and restrained by the others. For this reason, that Convention which passed the ordi- nance of government laid its foundation on this basis, that the legislative, executive, and judi- ciary departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time. But no barrier was provided between these several powers. The judiciary and executive members were left dependent on the legislative for their subsistence m office, and some of them for their continuance in it. If, therefore, the legislature assumes executive and judiciary powers, no op- position is likely to be made, nor, if made, can be effectual ; because in that case they may put their proceedings into the form of an act of assembly, which will render them obligatory on the other branches. They have accordingly, in many instances, decided rights which should have been left to judiciary controversy ; and the direction of the executive, during the whole time of their session, is becoming habitual and familiar." Mr. Justice Story, in his Commentaries on the Constitution, reviews the same subject, and says : "The tnith is, that the legislativB power is the great and overruling power in every free government." '* The repre- Bent.itivos of the people will watch with jealousy every encroacLiment of the executive muKistrate, for it trenches upon their own authority. But who shall watch the en- croachment of these representatives themselvoB? Will they be as jealous of the exercise of power by themselves as by others?" " There uro many reasons which may be assfgned for the engrossing iiiHuence of the legislative de- partment. In tho first place, its constitutional powers are more extensive, and less capable of being brought within precistfliniiis than those of either of the othor departments. ITie bounds of the executive authorityv are easily marketf out and definod. It reaches few objects, and those are ^nown. It cannot trnnscend them without being brought lb con tact v.-ith the other departments. Laws may check and restrain and bound its exercise. The same remarks apply with still grodter force to the judiciary. The juris- diction is, or may be, bounded to a few objects or poraons ; or, however griueral And unlimited, its operations are neces- Sftfily confined to the mere administration of private and public justice. It oannot punish without law. It cannot create controverslefl to act upon. It can decide only uuon rights ftTid cases as they are brought by others beflffsit. It can do nothi-ng for itself. It must do everything«f^ othera. It must obey the laws; dud if it corruptly adiffln- isters them, it is subjected to the power of impeachiaent. On the other hand, the legislative power, except in the.few cases of constitutional prohibition, is unlimited. It is for- ever varying its means and its ends. It governs the institu- tions and laws and pubh'c policy of the country. It regu- lates all its vast interests. It disposes of all its properi^. Look but at the exercise of two or three branches of Its ordinary powers. It levies all taxes; it directs and appro- priates all supplies ; it gives the rulra for the descend dis- tribution, and devises of all property held by individual?. It controls the sources and the resources of wealth. It changes at its will the whole fabric of the laws. It moulds at its pleasure almost all the institutions which glvB strength and comfort and dignity to society. In the next place, it is the direct, visible representative of the will of the people in all the changes of times and circumstances. It has the pride as well as the power of numbers. It is easily moved and steadily moved by the strong impulses of popular feeling and popular odium. It obeys, without reluctance, the wishes and the will of the majority for the time being. The path to public favor lies open by such obedience; and it finds not only suppori;, but impunity, in whatever measures the majority advises, even though they transcend the constitutional limits. It has no motive, therefore, to be jealous or scmpnlous in its own use of power ; and it finds its ambition stimulated and its arm strengthened by the countenance and the courage of num- bers. These views are not alone those of men who look with apprehension upon the fate of republics ; but they are also Ireely admitted by some of the strongest advocateafor popular rights and the permanency of republican institu- tions." " Each department should have a will of its own." " Bach should have its own independence secured beyond the power of being taken away by either or both of th0 others. But at the same time the relations of each to the othor should be so strong that there should be a mutual Interest to sustain and protect each other. ,Xliere should not only be constitutional means, but personal motives to resist encroachments of one on either of th^ others. Thus, ambition would be made to counteract ambition ; the desire of power to check power ; and the pressure of interest to balance an opposinginterest." "The judiciary is naturally and almost necessarily, (as has been already ^aid,) the weakest department. It can have no means of influence by patronage. Its powers can never be wielded for itself. It has no command over the purse or the sword of the nation. It can neither lay taxes, nor appropriate money, nor com- maud armies, nor appoint to office. It is never brought intb contact with the people by constant appeals and solicitttr tions, and private intercourse, which belong to all the other departments of Government. It is seen only in contro- versies, or in trials and punishments. Its rigid justice and impartiality give it no claims to favor, however they may to respect. It stands solitary and unsupported except by that portion of publio opinion which is interested only in the strict administration of justice. It can rarely secure the sympathy or zealous support either of the executive or the legislature. If they are not (ns is not unftequently the case) jealous of its prerogatives, the constant necessity of scrutinizing the acts of each, upon the application of any private per-son, and the painful duty of pronouncing judgr ment that these acts are a departuro from the law or Con- stitntlon, can have no tendency to conciliate kindness or nourish influence. It would seem, therefore, that some additional gutirilH would, under the circumstances, be neces- sary to proti'Ct this department f^om the absolute dominion of the others. Yet rarely have any such guards been afh plied; and every attempt to introduce them has been resisted with a pertinacity which demonstrates how slotr popular leaders tire to introduce checks upon their own ]power, and how slow the people are to believe that the judiciary is the real bulwark of thek liberties." "If any department of the GoTernment has undue influence or ab- sorbing power, it certainly has not been the executive or judiciary." In addition to what has been said by these distinguished writers, it may also be urged that the dominant party in each House may, by the expulsion of a sufficient number of members, or by the exclusion from representation of a requi- site number of States, reduce the minority to less than one-third. Congress, by these means, might be enabled to pass a law, the objections of thd President to tlie contrary notwithstanding, which would render impotent the other two departments of the Government, and make inoperative the wholesome and restraining power which it was PRESIDEKT JOIINSOX'S MESSAGES. 159 mtendel by the framers of the Conftitution flhould b« exerted by them. This would be a practical concentration of all power in the Con- gress of the United States; this, in the language of trbo autbor of the Deolaralion of Independence, would be "precisely the definition of despotic gpyernment. I have preferred to reproduce these teachings of th« great statesmen and constitutional lawyers of the early and later days of the Republic jalher than to rely siinply upon an expression •I my own opinions. We cannot too often recur ts them, especially at a conjuncture like thepres- ent. Their application to our actual condition is »o apparent that they now come to ub a living v8i(!«,.to be listened to with more attention than at any previous period of our history. We have bwn and are yet in the midst of popular com- motion. The passions aroused by a great civil vac are still dominant. It is not a time favor- able to that calm and deliberate j udgment which il the only safe guide when radical changes in 9QT institutions are to be made. The measure bow before me is one of those changes. It initi- ates an untried experiment for a people who have said, with one voice, that it is not for their good. This alone should make us pause ; but it IS not all. The experiment has not been tried, or so much as demanded, by the people of the ieveral States for themselves. In but few of the States has such an innovation beea allowed as giving the ballot to the colored population with- out any other qualification than a residence of one year, and in most of them the denial of the ballof to this race is absolute, and by funda- mental law placed beyond the domain of ordinary legislation'. In most of those States the evil of such suffrage would be partial ; but, small as it would be, it is guarded by constitutional barriers. Here the innovation assumes formidable propor- tions, which may easily grow to such an extent as to make the white population a subordinate element in the body politic. - After full deliberation upon this measure, I cannot bring myself to approve it, even upon local considerations, nor yet as the beginning of an experiment on a larger scale. I yield to no one in attachment to that raie of general suf- frage which distinguishes our policy as a nation. But there is a limit, .wisely observed hitherto, which makes the ballot a privilege and aKice, John IL Kiee, Rollins, Sawyer, Sclienck, f^coAcld, Shellabarger, Sloan, Spalding, Starr, Ste- vens, Stokes, Thayer, Francis 'Thomas, Trowbridge, Upson, Van Aermau, Burt Van Horn, Robert T. Van Horn, Hamilton Ward, Warner^Ellihu B. Washburne, William B. Woah- burn, Welker, Wentworth, Williflms, James F. Wilson, Ste- phen F. Wilson, Windom,' Woodbridge, and Spzakeu Colfax —128. N^78 — Messrs. Aitoona, Bergen, Boyer, CampheU, Okan- ter, Conper, Dawson, Benison, Eldridgc, Pinck, Glossbrmner, Goodyear, Aaron Harding, Sa-^is, Jlise, Hogan, Chester D. Hiibbard, Bdtain N. Bubbett, iTMn'cr, jKeiT.Kuykendall, 'Latham, LeBlond, Leftwich, Marshall, fiCelvee, Niblacic, ^iclfiUon, ^ndl, Phelps, Samuel J. Randall, William H. Randall, RitUr, Rogers, Ross, Rousseau, SJianldin, iSil- greaves, Stillwell, Slrimse, Taber, Natlanid 0. Taylor, JHU- vm Taylor, Thornton, Andfrew H, Ward, Whaley--46. 1867, January '7 — The bill was vetoed. Same day, the Senate passed it, notwithstand- ing the President's objectipns, by a two-thirds vota — yeas 29, nays 10, as follow : Teas— Messrs. Anthony, Cattell, Chandler, ConnesSjCra gin, Creswell. Edmunds, t'easenden, Fogg, Fowler. Fr'ellng- huyson. Grimes, Henderson, Howard, Howe, Kirkwood, 'Lane, Morgan, Morrill, Poland, Ramsey, Boss, Sherroan, Stewart, Sumner, Ti-umbull, Wade, Willey, Williams— 29; Nats— Messrs. Cowan, Dixon, DooUUle, roster, SeTUirielfs, Johnson, Ifesmith, Nartm^ PaUxrsm, Van Winkle— lOi January 8 — The House passed it — yeas 11-3, nays 38, as follow : Yeas— Messrs. Alley, Allison, Ames, Arnell, Delos R. ASh- ley, James M. Ashley, Baker, Baldwin, Banks,; Barker, Bax- ter, Beaman, Benjamin,Bidwell, Bingham, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Bucjiland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Cook, CuUom, Culver, Dar- ling, Dawes, Delrees, Delano, Deming, Dixon, Dodge, Don- nelly, Driggs, Eckley, EgEleston, Farnsworth, Farqnhar, Ferry, Gariield, Grinnell, Abner C. Harding, H.art, Hawkins, Hayes, Henderson, Higby, Hill, Holmes, Hooper, JohnH. Hubbard, James R. Hnbbell, Ingersoll, Jenckes, Jnlian,Sas- eon, Eelley, Kelso, Eetcham, Koontz, G«orge V. Lawiencc, William Lawi-ence,Loan, Longyear, Lynch, Marston, Marnn, Maynard, McClnrg, McRuer, Mereur, Millor, Monill, Moiil- ton, Myers, Newell. O'Neill, Orth, Paine, Patterson, Perhua, Pike, Plants. Price,'Ilaymond, Alexander H. Rice, John H. Rice, Sawyer, Schenck, Scofield, Spalding, Starr, Stokes, Thayer, Francis Thcmas, John L.Thomas, jr., Trowbridge, Upson, Van Aerham, BurtVan Horn, Hamilton Ward, -War- ner, Ellihu B. Washbnrne, Welker, Wentworth, Williams, James F. Wilson, Stephen F.Wilson, Windom, andSBEAEER Colfax — 113. Nats — Messrs. Ancona, Bergen, CampbeU, Chanler. Cot^, Dawson, Eldridge, Fbvek, Qlosshrenner, Aaron Sardi^jf, Hise, Hogan. Chester D. Hubbard, Humphrey, Hwnt£!r,Kerr, Kuykendall. Latham, Leftwich, McCtdlough, NibUick, Nich- olson, Nodi, Phelps, Radford, Samuel J. Randall, William H. Randall, Ritter, Rngen's, Ross, ShanhUn, Sirouse, Taber,. Nor thanitH G. Taylor, Nelson Taylor, Trimble, Andrew H. Ward, Whereupon the Speakee of the House de- clared the Dill a law. Veto of the Colorado Bill, January 29, 1S67, To the Senate of the United States : I return to the Senate, in which HonSe ix originated, a bill entitled " An act to admit the State of Colorado into the Union," to which I cannot, consistently with my sense of duty,,give my approval. With the exception of an addi- tional section, containing new provisions, it;^ substantially the same as the bill of a similar title passed by Congress during the last session, submitted to the President for his approval, returned with the objections contained in a mes- sage bearing date the 15th of May kst, and yet awaiting the reconsideration of the Senate. A second bill, having in view the same pur- pose, has now passed both Houses of Congress, and been presented for my signature. Having again carefully considered the subject, I have been, unable to perceive any reason for changing the opinions which have already been- com- municated to Congress. I find, on thecontiajy, that there are many objections to the proposed legislation, of which I was not at that time aware ; and that while several of those which I then assigned have, in the interval, gained in strength, yet others have been created by the altered character of the measure now submitted. The constitution under which this State gov ernmeut is proposed to he formed very properly contains a provision that all laws in force at tii6 time of its adoption, ahd the admission of the State into -the Union, shall continue as if' the constitution had not been adopted. Among those laws is one absolutely prohibiting negrpei and mulattoes from voting. At the recent sessi'oi) of the Territorial Legislature a bill for the repeal of thio Ittw, introduced into the counci)„ w-s* PRBSIDHNT JOHKSON'S MESSAGES. 161 ahaost unanimoualy rejected ; and at the very time when Congress was engaged in' enacting the bill now under consideration, the Legislature .paased an act excluding negroes and mulattoes trom the right to sit as jurors. This bill was ;vet09d by the Governor of the Territory, who held that by the laws of the United States negroes and mulattoes are citizens, and subject to the duties, as well as entitled to the rights of citizenship. The bill, however, was passed, the objections of the Governor to the contrary not- withstanding, and is now a law of the Territory. Yet in the bill now before me, by which it is prepo.ied to admit the Territory as a State, it is provided that " there shall be no denial of the elective franchise, or any other rights, to any person, by reason of race or color, excepting Indians not taxed." The incongruity thus exhibited between the legislation of Congress and that of the Terri- tory, taken in connection with the protest against the admission of the State hereinafter referred to, would seem clearly to indicate the impolicy and injustice of the proposed enact- ment. . it might indeed be a subject of grave inquiry, and doul)tl«9s will result in such inquiry if this bill .become a law, whether it does not attempt to exercise a power not conferred upon Congress by the Federal Constitution. , That instrument simply declares that Congress may admit new States into the Union. It nowhere says that Congress may make new States for the purpose of admitting them into the Union, or for any other purpose; and yet this bill is as clear an attempt to make the institutions as any in which the people themselves could engage. In view of this action of Congress, the House of Representatives of the Territory have earn- es"tly protested against being forced into the Union without first having the question sub- mitted to the people. Nothing could . be more reasonable than the position which they thus assume ; and it certainly cannot be the purpose of Congress to force upon a community, against their will, a government which they do not helieve themselves capable of sustaining. , The following is a copy of the protest alluded to, as ofScially* transmitted to me : " Whereas it iB announced in the public prints that it is the intention of Congresa to admit Colorado as a State into the Union : Therefore. ^'^Besnlved by the Bomiof RepramtativescfiMsTeiritiiry, That, representing as we do the last and only legal expres- sion of public opinion on this question, we earnestly protest ligainsfe the passage of a law admitting the State, without first having the question submitted to a vote of the people, for the reasons, iirst, .that we have a right to a voice in the selection of the character of our government; second, that we have not a sufficient population to support the expenses of a State government. For these reasons we trust Con- gress will not force upon us a government against our will." Upon information which I considered reliable, I assumed in my message of the 15th of May last that the population of Colorado was not more than thirty thousand, and expressed the opinion that this number w?.s entirely too small either to assume the responsibilities or to enjoy the privileges of a State.^ It appears that previous to that time the Lsgislature, with a view to ascertain the exact qphditiou of the Territory, had passed ajaw authorizing a census of the population to be 11 taken. The law made it the duty of the asses* sors in the several counties to take the census in connection with the annual asBessments, and, in order to secure a correct enumeration of the population, allowed them a liberal compensation for the service by paying them for every name returned, and added to their previous oath of office an oath to perform this duty with fidelity. From the accompanying official report it ap- pears that returns have been received from fifteen of the eighteen counties into which the State is divided, and that their population amounts in the aggregate to twenty-four thou- sand nine hundred and nine. The three remain- ing counties are estimated to contain three thousand, making a total population of twenty- seven thousand nine hundred and nine, (27,909.) This census was taken in the summer season, when it is claimed that the population is much larger than at any other period, as in the autumn miners, in large numbers, leave their work ai)d return to the East^ with the results of their summer enterprise. The population, it will be observed, is but slightly in excess of one-fifth of the number required as the basis of representation for a sin- gle congressional district in any of the States, that number being one hundred and twenty- seven thousand. I am unable to perceive any good reason for ' such great disparity in the right of representa- tion, giving, as it would, to the people of Col- orado, not only this vast advantage in the House of Representatives, but an equality in the Senate, where the other States are repre- sented by millions. With perhaps a single ex- ception, no such inequali'y as this has ever be- fore been attempted. I know that it is claimed that the population of the different States at the time of their admissiorf has varied at different periods, but it has not varied much more than the population of each decade and the corres- ponding basis of representation for the different periods. The obvious intent of the Constitution was,_ that no State should be admitted with a less population than the ratio for a Representative at the time of application. The limitation in the second section of the first article of the Consti- tution, declaring that " each State shall have at least one Representative," was manifestly de- signed to protect the States vrhich originally composed the Union from being deprived, in the event of a waning population, of a voice in the popular branch of Congress, and wa« never intended as a warrant to force a ne,w Stale into the Union with a representative population far below that which might at thd time bo required of sister members of the Confederacy. This bill, in view of the prohibition of the same section,, which declares that " the number of Representa- tives shall ngt exceed one for every thirty thou- sand," is at least a violation of the spirit, if not the letter of th« Constitution. rt is respectfully submitted that however Com- fress, uiider the pressure of circumstances,, may ane admitted two or three States with less than a represeritative population at the time, thera has been PO instance in which an appK,QatioB. for admission has even been entertained wham 162 POLITICAL MANUAL. the population, as officially ascertained, was be- low thirty thousand. Were there any doubt of this being the true construction of the Constitution, It would be dis- pelled by the early and long-continuad jpractjce of the Federal Government. For nearly sixty years after the adoption of the Constitution no State was admitted with a population believed at the time to be less than the current ratio for a Representative, and the first instance in which there appears to have been a departure from the principle was in 1845, in the case of Florida. Obviously the result of sectiopal strife, we would do well to regard it as a warning of evil rather than as an example for imitation, and I think candid men of all parties will agree that the in- spiring cause of the violation of this wholesome principle of restraint is to be found in a vain attempt to balance those antagonisms which re- fused to be reconciled exceptthrough the bloody arbitrament of arms. The plain facts of our his- tory will attest that the great and leading States admitted since 1845, viz:, Iowa, Wisconsin, Cali- fornia, Minnesota, and Kansas, including Texas, which was admitted that year, have all come with an ample population for one Bepresentati ve, and some of them with nearly or quite enough for two. To demonstrate the correctness of my views on this question, I subjoin a table containing a ' list of the States admitted since tJie adoption of the Federal Constitution, with the date of ad- mission, the ratio of representation, and the rep- resentative population when admitted, deduced from the United States census tables, the calcula- tion being made for the period of the decade cor- responding w ith the date of admission : states. Admitted, BaUo. Fbptdatum, Vermont , 1791 88,000 92,320 Kentucky 17B2 33,000 95,638 Tennessee 1796 33,000 73,864 Ohio 1802 33,000 82,443 Lonisiann 1812 3S,000 7e,212 Indiana 1816 35,000 98,110 Mississippi 1817 85,000 63,677 Illinois 1818 36,000 46,374 Alabama.. ; 1819 85,000 111,160 Maine ......; 1820 86,000 298,336 Miesonri 1821 85,000 69,260 Arkansas 1836 47,700 65,175 Michigan 1837 47,700 168,072 Florida 1845 70,680 67,951 Texas 1846 70,680 *189,327 Iowa 1846 70,680 132,672 Wisconsin 1848 70,680 260,497 California 1860 70,680 02697 Oregon 1868 93,492 44,630 Minnesota 1868 93,492 138,909 Kansas 1861 93,492 107,206 West Virginia 1862 93,492 349,628 Nevada. 1864 127,000 Not known. Colorado, which it is now proposed to admit as a State, contains, as has already been stated, a population less than twenty-eight thousand, while the present ratio of representation is one hundred and twenty-seven thousand. There can be no reason, that I can perceive, for the admission of Colorado that would not apply with equal force to nearly every other Termtory now organized ; .and I submit whether, if this bill become a law, it will be possible to resist the logical conclusion that such Territor lies as Dakota, Montana, and Ida{ho, must "be received as States whenever they present them- <• In 1860. selves, without regard to the number of inhabi- tants they may respectively contain. Eight or ten new Senators, and four or five new memT bers of the House of Eepresentatives would thus be admitted to represent a population scarcely exceeding that which, in any other portion of the nation, is entitled to but a single member Of the House of Eepresentatives, while the avetaga for two Senators in the Union, as now consti-, tuted, is at least one million of people. It would surely be unjust to all other sections of the Union to enter upon a policy with regard to admission of new States which might result in conferring such a disproportionate share of influence in the national Legislature upon communities which, in pursuance of the wise policy of our fatherSj should for some years to come be retained un- der the fostering care and protection of the na- tional Government. If it is deemed just and expedient now to depart from the settled policy of the nation during all its history, and to admit all the Territories to the rights and privileges of States, irrespective of their population or fitness for Buoh government, it is submitted whether it would not be well to devise such measures as will bring the subject before the country for con- sideration and decision. This would seem to be evidently wise, because, as has already been stated, if it is right to admit Colorado now, there is no reason for the exclusion of the other Ter- ritories. It is no answer to these .suggestiona that an enabling act was passed authorizing the people of Colorado to take action on this subject. It is well known that that act was passed in conse- quence of representations that the population reached, according to some statements, as high as eighty thousand, and to none less than fifty thou- sand, and was growing with a rapidity which by the time the admission could be consummate^ would secure a population of over a hundred thousand. These representations prove to have been wholly fallacious, and in addition, the peo- pie of the Territory, by a deliberate vote, decided that they would not assume the responsibilities of a State government. By that decision they utterly exhausted all power that was conCerred by the enabling act, and there has been no step taken since in relation to the admission that has had the slightest sanction or warrant of law. The proceeding upon which the present appli- cation w based was in the utter a!bsence of all law in relation to it, and there is no evidence that the votes on the question of the formation of a State government bear any relation whatr: ever to the sentiment of the Territory. The pro- test of the House of Eepresentatives, previously quoted, is conclusive evidence to the contrary. But if none of these reasons existed against this proposed enactment, the bill itself, besides being inconsistent in its provisions in conferring power upon a person unknown to the laws, and who may never have a legal existence, is so framed as to render its execution almost imposr Bible. It is, indeed, a question whether it is not in itself a nullity. To say the least, it is of exceedingly' doubtful propriety to confer the power proposed in the bill up e>n ^be " Governor elect ;" for, as by its own term* the ■ennstitutioa is not to take e^Qt until aftar the Adnnss'ion of PEESIDEXT JOHNSON S MESSAGES. 163 the State, he, in the mean time, has no more authority than any other private citizen. But, ev'ep supposing him to be ololhed with sufficient /authority to convene the Legislature, what con- stitutes the " State Legislature," to which is to be referred the question of submission to the con- ditions imposed by Congress? Is it a new body, to be elected and convened by proclamation of the " Governor elect," or is it that body which met more than a year ago, under the provisions of the State constitution ? By reference to the second section o£ the schedule, and to the eigh- teenth section of the fourth article of the State coiisJ;itution, it will be seen that the term of the members of the House of Representatives, and that of one-half of the members of the Sen ate, expired on the first Monday of the present month. It is clear that if there were no intrin- sic objections to the bill itself in relation to the purposes to be accomplished, this objection would be fatal ; as it is apparent that the provisions of the third section of the bill to admit Colorado have reference to a period and a state of facts entirely different from the present, and affairs as they now exist, and, if carried into effect, must necessarily lead to confusion. Even if it were settled that the old and not a new body were to act, it would be found imprac- ticable to execute the law, because a consider- able number of the members, as I am informed, have ceased to be residents of the Territory, and in the sixty days within which the Legislature is to be convened after the passage of the act there would not be sufficient time to fill'the vacancies by new elections, were there any authority under which they could be held. It may not be im- proper to add that if these proceedings were all regular, and the result to he' attained were de- siirable, simple justice to the people of the Ter- ritory would require a longer period than sixty days within which to obtain action on the con- ditions proposed by the third section of ftie bill. Inhere are, as is well known, large portions of yie, Territory with which there is and can be no general communication, there being several elDnnties which, from November to May, can only be reached by persons travelling on foot, while with other regions of the Territory, occu- pied by a large portion of the population, there 19 very little more freedom of access. Thus, if this bill should become a law, it would be im- practicable to obtain any expression of public sentiment in reference to its provisions, with a view to enlighten the Legislatere, if the old body were called together ; and, of course, equally impracticable ta 'procure the election of a new body. This, defect might have been remedied by an extension of the time, and a submission of the question to the people, with a fair opportunity to enable them to express their sentiments. ■ The admission of a new State has generally heen regarded as an epoch in our history, .mark- ing the onward progress of the nation ; but, after the most careful and anxious inquiry on the subject, I cannot perceive that the proposed prgceeding is in conformity with the polipy.which, fcbm the origin of the Government, has uniformly prevailed in the admission of new 'States. I %erefore return the bill to the Senate yfithout my 'signature. Andbew Johhson'. • ■Washiuqton, January 28, 1867. Copy of the Bill Vetoed. An Act to admit the State of Colorado into the Union. Whereas, on the twenty-first day of March, anno Domini 'eiighteon hundred and sixty -four, Congress passeli an act to enable the people of Colorado to form a constitution and State Gov- ernment, and offered to admit said State ,when 80 formed, into the Union upon compliance with certain conditions therein specified ; and where- as it appears by message of the President of the United States, dated January , eighteen hun- dred and sixty-six, that the said people have adopted a constitution, which, upon dne exam- ination, is, found to conform to the provisions and bomply with the Oonditiobs of said act, and to be republican in its form of government, afld that they now ask for admission into the Union : Bs it enacted hy the Senate and House of Rep- resentatives of the United States of America vn Congress assembled. That the constitution ■ and State government which the«people of Colorado have formed for themselves be, and the same is hereby, accepted, ratified, and confirmed; and that the said State of Colorado shall be, and hereby is declared to be, one of the United States of America, and is hereby admitted into the Union upon an equal footing with the original States in all respects whatsoever. Sec. 2. And be it further enacted, That the said State of Colorado shall be, and is hereby de- clared to be, entitled to all the rights, privileges, grants, and immunities, and to be subject to all the conditions and restrictions, of an act entitled "An act to enable the people of Colorado to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States," approved March twenty-first, eighteen hundred and sixty- four. Sec. 3. And he it further enacted. That this act shall not take effect except upon the fundamental condition that within the State of Colorado there shall be no denial of the elective franchise, or any other rights, to any person by reason of race or color, excepting Indians not taxed ; and upon the further fundamental condition that the Legis- lature elected under said State constitution, by a solemn public act, shall declare the assent o'f said State to the said fundameu'tal condition,, and shall transmit to the President of the United States an authentic copy of said act ; upon re- ceipt whereof the President, by proclamation, shall forthwith anniounce the fact, whereupon said fundamental condition shall be held as a part^of the. organic, law of the State ; and there- upon, and without any further proceeding on the part of Congress, the admission of said State into the Union shall be considered as complete. Said State Legislature shall be convened by the Governor elect of said State within sixty days after the passage ,of this act, to act upon the condition submitted herein. The votes on this till were : 1867, January 9 — The bill passed the Senate, yeas 23, nays 11, with the third section in these words : Ihat tlia aet shall, take effect with the ,fnndamental and perpetual condition that within said State of Colorado there sfiaft bfe rit>' aliridgmelit'of diinial ' of the eiiei'oiSe of the elective fraiichi.«e, or of any other right, to any person liy reason of race or color, (excepting Indians not taxed.) 164 POLITICAL MANUAL. Teas— Measra, Anthony, Ciittell, Chandler, Connee8,Cragln, Creswell, Edmunds, Fowler, Henderson, Hoivard, Kirkwood, Lane, Mnrrill, Poland, lUunsey, Ross. Sherman, Stewart, Sumner, Van Wirfkle, Wade, Willey, Williams— 23. Nays — Messrs. BuckaJmi, Doolittle, Foster, Grimes, Hen- dricks, Johnson, Morgan, Nesmith, Norton, Patterson, Sid- die — 11. January 16 — The Seuate agreed to the bill with the third Beotion as it stands — yeas 27, nays 12, as follows : YEAd — Messrs. Anthony, Cattell, Chandler, Connoss, Cra- gin, Fessenden, Fowler, Frelinehnysen, Grimes, Harris, Henderson, Howard, Kirkwood, Lane, Morrill, Poland, Ramsey, Sherman, Sprague, Stewart, Sumner, Van Winkle, Wade, Willoy, Williams, Wilson, Yates— 27. Nays — Messrs. Buckalew, Dixon, Doolittle, Edmunds, Fos- ter, Hendricks, Johnson, Nesmith, Norton^ Puttersan, Middle, Saulsbury—12. In House. 1867, January 15 — The bill passed — ^yeaa 90, nays 60, as follow : Ybas — Messrs. Alloy, Allison, Ames, Anderson, Belos R. Ashley, James M. AshlQy, Baldwin, Banks, Baxter, Benja- min, Boutwell, Brandegee, Bromwell, Broomall, Bundy, Reader W. Clarke, Cohb, Cook, Cullora, Culver, Dawes, De- lano, Doming, Dixon, Dodge, Donnelly, Driggs, Eckley, Ehot, Parquhar, Ferry, Garfield, Giinnell. Griswold, Heii- deraon. Higby, Hill, Holmes, Hooper, Demas Hubbard, .ir., John H. Hubb.ard, J. R. Ilubbell, IngersnIl.Jenckea. Julian, Kelley, Eoontz, George V. Lawrence. Longyear, Marston, Marvin, McClurg, Mclnd.je, McRuer, Mercnr, jMiller, Moor- head, Morris, Moulton, Newell, O'Neill, Orth, Paine, Per- ham. Plants, Price, Alexander H. Rico, John H. Rice. Rollins, .Sawyer, Schenck. Shellabarger, Spalding, Stokes, Thayer, Francis Thomas, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Warner. Henry D. Washburn, William B.Washburn, Welker, Wentworth, Wil- liams, James F. Wilson, Stephen F. Wilson, Windom — 90. Nats — Messrs. Ancona, Baker, Bergen, Bingham, Blaine, Boyer, Bnckland, Campbell, Cooper, Davis, Defrees, Denison, Eldridge, Finck, Glossorenner, Goodyear, Hale, Aaron Hord- ing, Abnor C. Harding, Hart, Hawkins, Hise, Hogan, ( heater D. Hubbard, Edwin N. Huhbdl, Humphrey, Himter, John- son, Kelso. Kerr, Kuykend.all, Latham, Le Bkmd, Leftwich, Lynch, Marshall, Maynard, McKee, Morrill. Nihlack, Nich- okon. Pike, Radford, Sanvael J, Randall, Raymond, Ritter, Rogers. Ross, Slianldin. Sltgrerives. Stillwell, Strouse, Taber, Nathaniel G, Taylor, Nelson Taylor, Thornton, Andrew H. Ward, Hamilton Ward, EUihu B. Wa^hhurne, Whaley— 60. The vote on substitutitig the third section a.s it stands for that of the Senate, taken previously to the above vote, was yeas 84, nays 65; being aubstantially the same as on the Nebraska bill, below. January 29 — The bill was vetoed, and no votes were subsequently taken on it. Vote of the Nebraska Bill, January 30, 1867. To the Senate of the United States ; I return, for reconsideration, a bill entitled " An act for the admission of the State of Ne- braska into the Union," which originated in the Senate, and has received the assent of both Houses of Congress. A bill having in view the same object was presented for my approval a few hours prior to the adjournment of the last sepsion; but, submitted at a time when there was no opportunity for a proper consideration ' the subject, I withheld my signature, and the measure failed to become a law. It appears, by the preamble of this bill, that the people of Nebraska, availing themselves of the authority conferred upon them by the act passed on the 19th day of April, 1864, "have adopted a constitution which, upon due exam- ination, is found to conform to the provisions and comply with the conditions of said act, and to be republican in its form of government, and that they now ask for admission into the Union." This proposed .ISi'V would, therefore, seem to be upon the declaration contained in tlje enabling act, that, upon compliance with it« terms, the people of Nebraska snould be admit- ted into the Union upon an equal footing wit,h the original States. Keference to the bill, how- everj shows that while, by the first section, Con- gress distinctly accepts, ratifies, and confirms the constitution and State government which the people of the Territory have formed for them- selves, declares Nebraska to be one of the United States of America, and admits her into the Union upon an equal footing with the original States in all respecti whatsoever, the thirdseo- tion provides that this measure " shall not take effect except upon the fundamental conditiori that within the State of Nebraska there shall be no denial of the elective franchise, or of any other right, to any person, by reason of race or color, excepting Indians not taxed; and upon the further fundamental condition that the Legis- lature of said State, by a solemn public a(*, shall declare the assent of said State to the said funda- mental condition, and shall transmit to the. President of the United States an authentic copy of said act, upon receipt whereof the President, by proclamation, .shall forthwith announce the fact, whereupon said fundamental condition sliall be held as a part of the organic law of the State ; and thereupon, and without any furtlier pr')' oeeding on the part of Congress, the admis-sion of said State into the Union shall be considerefl as complete." This condition is not mentioned in the original enabling act ; was not oontenj- plated at the time of its passage ; was not Bouglit by the people themselves ; nas not heretofore been applied to the inhabitants of any State asking admission, and is in direct conflict with the constitution adopted by the people, and declared in the preamble "to be repnolican in its form of government," for in that instrument the exercise of the elective franchise, and tiie right to hold office, are expressly limited to white Citizens of the United States. Congress thus undertakes to authorize and compel the Legislature to change a constitution which it is declared in the preamble has received the sanc- tion of the people, and which by this bill is " accepted, ratified, and confirmed by the Con- gress of the nation. „ ^ The first and third sections of the bill exhibit yet further incongruity. By the one Nebraska IS " admitted into the Union upon an equal footing with the original States, in all respects whatsoever," while by the other Congress de; mands, as a condition precedent to' her admis- sion, requirements which in our history have never been a$ked of any people when present- ing a constitution and State government for the acceptance of the law-making power. It is ex- pressly declared by the third section that the bill " shall not take effect except upon the fun- damental condition that within the State of Ne- braska there shall be no denial of the elective franchise, or of any other right, to any person, by reason of race or color, except Indians not taxed." Neither more nor less than the asser-. tion of the right of Congress to regulate the elective franchise of any State hereafter to b«i admitted, this condition is in clear violation of the Federal Constitution, under the provisions of PRESIDENT JOHNSON S MESSAGES. 165 whicli, from tlie very foundation of the Govern- ment, each State has been left free to determine .for itself the qualifications necessary for the exercise of suffrage witliin its limits. Without precedent in onr legislation, it is in marked contrast with those limitations which, imposed upon States that, from time to time, have be-» come members of the Union had for their' object the single 'purpose of preventing any infringement of the Constitution of the country. If Congress is satisfied that Nebraska, at the present time, possesses sufficient population to entitle hev to full representation in the councils of the nation, and that her people desire an exchange of a territorial for a State government, good faith would seem to demand that she Siould be admitted without further requirements than those expressed in the enabling act, with all of which, it is asserted in the preamble, her inhabitants have complied. Congress may, under the Constitution, admit new States or reject them, but the people of a State can alone make or change their organic law and prescribe the qualifications requisite for electors. Con- gress, however, in pa.ssing the bill in the shape in which it has been submitted for my approval, does not merely reject the application of the people of Nebraska for present admission as a btate into the Union, on the ground that the constitution which they have suomitted restricts the exercise of the elective franchise to the white population, but imposes conditions which, if accepted by the Legislature, may; without the consent of the people, so change the organic law as to make electors of all persons within the State, without distinction of race or color. In view of this fact, I suggest for the consideration of"'Congress, whether it would not be just, ex- pedient, and in accordance with the principles of our government, to allow the people, by pop- ular vote, or through a convention chosen by themselves for that purpose, to declare whether or not they will accept the terms upon which it is now proposed to admit them into the Union. This course will not occasion much greater delay than that which the bill contemplates when it requires that the Legislature shall be convened Within thirty days after this measure shall have become a law, for the purpose of considering and deciding the conditions which it imposes, and gaias additional force when we consider that the proceedings attending the formation of the Stats .constitution were not in conformity with the provisions of the enabling act, that in ari' aggregate vote of seven thousand, seven hundred and seventy-six, the majority in favor of the c&stitution did not exceed one hundred; and that it is alleged that, in con- sequence of frauds, even this result cannot be received as a fair expression of the wishes of the people. As upon them must fall the burdens of a State organization, it is but just ttat they should be permitted to determine for themselves a ques- tion which so materially affects their interests. Possessing asoJl and a climate admirably adapted to those in(Kistrial pursuits which bring pros- perity and greatness to a people, with the advan- tage of a central position on the great highway that'will soon connect the Atlantic and Pacific Statu=!, Nebraska is rapidly gaining in number| and wealth, and niay within a very brief period claim admission on grounds which will challenge and secure universal assent. She can therefore wisely and patiently afford, to wait. Her popu- lation is said to be steadily and even rapidly in- creasing, being now generally conceded as high as forty thousand, ana estimated by some, whose judgment is entitled to respect, at a still greater number. Ather present rate of growth; she will, in a very short time, have the requisite popula- tion for a Eepresentative in Congress, and, what is far more important to her own citizens, will have realized such an advance in material v/ealth as will enable the expensosof a State government to be borne without oppression to the tax-payer. Of new communities it may be said with special force — and it is true of old ones— that the induce- ment to emigrants, other things being equal, is in almost the precise ratio of .the rate of taxation . The great States of the Northwest owe their mar- vellous prosperity largely to the fact that they were continued as Territories until they had grown to be wealthy and populous oommnnities. Ahdeew Johnson. ■Washington, January 29, 1867. Copy of the Bill 'Vetoed, An Act for the admission of the State of Nebras- ka into the Union. 'Whereas, on the twenty- first day of March, , anno Domini eighteen hundred and sixty-four. Congress passed an act to enable the people of Nebraska to form a constitution and State gov- ernment, and offered to admit said State, when so formed, into the Union upon compliance with certain conditions therein specified ; and whereas it appears that the said people have adopted a constitution which, upon clue examination, is found to conform to the provisions and comply with the conditions of said act, and to be repub- lican in its form of government, and that they now ask for admission into the Union : There- fore, Bi it enacted by the Senate and Some of Rep- resentatives of the United States of America in Congress assembled, That the constitution and State government which the people of Nebraska have formed for themselves be, and the same is hereby, accepted, ratified, and confirmed, and that the said State of Nebraska shall be, and is hereby declared to be, one of the United States of America, and is hereby admitted into the Union upon an equal footing with the original States in all respects whatsoeYer. ' Sec. 2. And be it further enacted. That the said State of Nebraska shall be, and is hereby declared to be, entitled to all the rights, privi- leges, grants, and immunities, and to be subject to all the conditions and restrictions of an act entitled " An act to enable the people of Ne- braska to form a constitution and State govern- ment, and for the admission of such State into the Union on an equal footing with the original States." Seo. 3. And be it further enacted. That this act shall not take effect except upon the funda- mental condition that within the State of Ne- braska there shall be no denial of the elective franchise, or of any other right, to any person by reason of race or color, except Indians not 166 POLITICAL MANUAL. taxed, and upon the further fundamental con- dition that the Legislature of said State, by a Bolemo public act, snail declare the assent of said State to the said fundamental condition, and shall transmit to the Jresident of the Duited States an authentic copy of said act. Upon re- ceipt whereof the President, by proclamation, shall forthwith announce the fact ; whereupon said fundamental condition shall be held as a part of the organic law of the State ; and there- upon, and without any further proceeding on the part of Congress, the admission of said State into the Union shall be considered as complete. Said State Legislature shall be convened by the Ter- ritorial Governor within thirty days after the passage of this act, to act upon the condition submitted herein. The votes on this bill were : 1867, Jan-nary 9^— A bill passed in Senate — yeas 24, nays 15, with the third section in these words : ^ That this act shall take effect with the fundamental and perpetual condition that within said Slate of Nebraska there shall be no abridgment or denial of the exercise of the eloct- iTe franchise, or of any other right, to any person by reason of race or color, excepting Indians not taxed." Teas — Messrs. Anthony, Cattell, Chandler, Conness, Cra- gin. Creswell, Edmunds, Fogg:^ Fowler, Uenderson, Howard, Kirkwood, Lane-,. Morri/il^ Poland^ Ramsey,. Boss, Sherman, Stewart, Sumner, Van Winkle, Wade, Willey, Williams— 24, Nays— Messrs. Buck'aleWy u/toan, Vtxon, IJoolittU, Foster, ttrimea, HendriclcSt ISowe, JbhnEoni Morgan, Nesmith^ I^or- iffa,t Fatterson, BiddU, Saulsbury^^lb. January 16^-Tha Sbhate agreed to the third section as it stands— yeas 28j nays lA, as fol- low : ¥eas— 'Messrs, Anthony^ Cattetl, Chandler, Conness, Ora- giii,. l-'essenden, Fosg, Fowler, Frelinghuysen, Giimes, Bien- ilerson, Howard. Kirliwood, Lane, Morgan, Morrill, Poland, Ranjsey, Sherman. Siirague, Stewart, Sumner^ Van Winkle, Wade, 'Willey, Williams', Wilsons Yates— 28. NAiiST-MeBpTs. BucJetilemi, Cowan, , Digiffrt^ DoolittU, Ed- niunds, Foster, Hai;ii8, ffmdricks, Johnson^ Nesmiib, Nor- ton, Fattersm, Sidclle, SduUbury — 14. Is House. January 15 — The third' section, as it stands, was substituted for that adopted above by the Senate — yeas 88, nays 70, as follow : Te^^S — Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baldwin, Banks, BAxter, Elaine, Boutn-ell, Brando- gee, Broomall, Cobb, Cook, CuMom, Culver, Dawes, Doming, l>ixon. Dodge, Donnelly, Driggs, EckJey, Eliot, FeiTy, Gar- field, Grinnell, GriswoUl, Hart, Uigby. Holmes^ Hooper, Demas Hubbard, jr., John H. Hubbard, Ingersotl, Jenckes, Julian, Kelley, Kelso, Eetcbam, Eoontz, Euykendall, Loan, Longyoar, Lynch,. Marst,qfl, Marvin, Maynwd, McClurg. -Alclndoe, Mcl^uer, Mercur, Moorhead^ Morrill^ Morris. Moulton, Newell, O'Neill, Orth, Paii.i",, Patterson, Poiham, Pike, Price, Raymond^ Alexander tl. Rice, John U. Rice, Bollina, Sawyer,, Schenck, SGoflrid, Spalding, Stevens, Thayer, Trowbridgp, Upson, Van Aeruum, Burt Van Horn, Hamilton Ward, Warner, Ellihu B. Washbnrne, William B. Washburn, Wilker; Wentwortb,, Williams, James F. Wil- son, Stephen P. Wilson, Windom-88. Nats — Messrs. AiKima^ Delos R. Ashley, Baiker, Benjamin^ Bergen^ Bingham, Bayer, Bromwell; Buckland; Bundy, Camp- ieUy GkanleP, Reader W. Clarke, Gaope-r, Davis, Damsfm, DflfreeSj Delano,. Z)»isOT,.J!(;Wrtrffle, i'arns^orth, EMcuihar, Itnoh, Qlossbrmner, Goodyear, B.«le, Aaron Harding, Abner 0. Harding, Hawkins, Hendferson, Hill, EUe, ffogan, Ches- ter D. Hubbard, Eduiin N. IlubbeU, J. R. Hubbell, Mum- phrey„ Hunter, Jbhmon, Kerr, Latham , George V. Lawrence, I^e Blond, Lifivnch, MaraJutll, McKee, Miller, Niblach, MohoUon, Plants, Radford, Samuel J. JtramdWi, WiJliam H. Randall, Milter, Rogert, Shanklin, Shellabarger, Sitgrmnet, StiUWell, Stolf es, Straute, Titber, Nathaniel,. 0. TayUr, Nel- son Taylor, Francis Thomoa„Jobn L.Thomas, Jr., ThamUm, Andrew H: Ward, Henry D. Washburn, Whaley— 70. Same day — The bill passed— yeas 103, nays ,65, as follow : Teas— Messrs. Alley, AUIaon, Ames, Anderson, Delos B. Ashley, James M. Ashley, Baldwin, Banks, Baxter, Beu.iamm, Blaine, Boutwoil, Brandegce, Bromwell, Broomall, Bunily, Reader W. Clarke, Cobb, Cook, CuHom, Culver, Dawes, Delano, Doming, Dixon, Dodge, Donnelly, Driggs, Eckley, Eliot, Farnsworth, Earquhar, Ferry. Garfleld, GrinneM, Grii- wold. Hart, Henderson, Hisby, Hill, Holmes, Hooper,De- maa Hubbard, jr., John H. Hubbard, James R. Hubbel),;In- ferfloU, Jenckes, Julian, Kelley, Ketcham, Kooutz, George . Lawrence, Loan, Longyear. Lynch, Marston, Marvin, Maynard,McClnrg. Mclndoe, McRuer, Mercur, Miller, Modr. . head,MoiTill, Morris, Monlton, Newell, 0'Neill,Orth, Painft Patterson, Perham, Plants, Price, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofleld, Shellabarskr, Spalding, Stevens, Stokes, Thayer, Francis Thomes, Johnlr. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Hamilton Ward, Warner, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Went, woi th, WilliamB, James F. Wilson, Stephen F. Wilson, Win- dom — 103. Nays- Messrs. Anama, Baker, Bergen, Bingham, Bmjer, Buckland, CtemjiW!, Chanter, Cooper, Davis, Dawson, Deff ees, Denison, Eldridge, Finch, Glossbrenner, Goodyear, Hale, Aaron Harding, Abner G. Harding, Hawkins, Hise, Hogan, Chester D. Hubbard, Edwin N. Hubbell, Humphrey, Hun- ter, Johnson, Kelso, Kerr, Knykendall, Latham, Le Blond, Leftwiclt, MarshaU,. MoEee, Niblaeh, Nicholson, Sadford, Samuel J. RandaU, William H. Randall, Raymond, Bitter, Rogers, Ross, Shanklin, Sitgreaves, Stillwell, Strousq Tdher, Natlmniel G. Taylor, Ndson Taylor, Thornton, Andrew H. Ward, Whaley— 55. The bill then passed, as ahove. January 30 — The bill was vetoed, February 8— The Senate passed it over the veto — yeas 30, nays 9, as follow : Teas- Messrs. Anthony, Brown, Chandler, Cragin, Ores- well, Fogg, Fowler, Erolinghnysen, Grimes, Harris, Hender- son, Howard, Howe, Kirkwood, Lane, Morrill, Poland, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sum- ;ner, Trumbull, Van Winkle, Wade, rt'illey Wilson, Vatea ;— ao. , Nats— Messrs. Bnckaleta,. Davi&,J)oolittlej Foster, Hen- [dricks, MorgJvn, Norton, Patterson, Saulsbury_ — 9. February 9 — The HocsE passed the bill — ^yeaa 120, nays 44, as follow : Yeas — Messrs. Allison, Anderson, James M. Ashley, Banks, Barker, Baxter, Beaman, Bidwell, Blaine, Blow, Boutwell, jBraodegee. Bromwell, Broomall, Buckland, Header W. jciarlce, Sidney Chirked Cobhi Cook, Cullom, Darling, Dawes, IDelano, Doming, Dixon, Dodge^ Donnelly, Driggs, Dumont, .Eckley, Bggleston, Eliot, Famsworth, Parquhar, Ferry, jGai-fielil, Grinnell, Griswold; Abner C. Harding, Hart, HiFiyes, Henderson, .Higby, Hillfl Holmes, Hooper, Hotchkiss, John 11. Uubbard, James R. ijubbell, Hulburd, lugorsoll, Jeockca^ Juliim, Kesson, Kelioy, Eelso, Ketcham, Koontz, Laflin, George V. La^vrence, William Lawrence, Loan, Lonpyear, Marston, Marvin, Maynjird, McClurg, Mclndoe, McKee, McRuer, Mercur, Miller, Motirhead, Morrill, Morris, MouL> ton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Per- ham, Pike, Plants, Pomeroy, Prise, William H. Randall, Alexander H. llico,. John H. Bice, Rollins, Sawyer, Sohenck, ScoHeld, Shellabarger, Sloan, Spalding, Starr, Stevens, Stokes, Thayer, Francis Thomas, Trowbridge, Upson. Van Aernam, Burt Van Horn, Robert T. Van Horn, Hamilton Ward, Warner, Henry D. Washburn, "William B. Washburn, Welker, Wentworth. Whaley, Williams, James F. Wilson,, Stoijhen F. Wilson, Wiodom, Woodbridge, and Speaker Col- fax — 1*.:0. Nats — Messrs. Campbell, C^nlur, Cooper^ Davis, Dawson, Denison, Eldridge, Pinok, Glosshrennxr, Goodyear, Aaron, Harding, Harris, Hawkins, Hise, Edwin N. Hubbell, Hum- phrey, Htmier, Kerr, Knykendall, Le Blond, Leftwich, Mar-' shall, McOullough, Niblack, Nicholion,Noell, Radford, Sawr- ml J. RandaU, Raymond, Ritter, Rogers, Ross, Kousseau,. Shanklin, Sitgreaves, Stillwell, Strouse, Taber, Natlianiei G. Taylor, Nelson Titylor, Thoivtan, JWmlife, Jndreui K Ward, Wli'e selection of delegates- to a State Convention by an election at which negroes shall be allowed to vote. Secoridl, the formation of a State Con- Btitution by the Convention so chosen.- Third, the insertion into the State Constitution of a provision which will secure the right of voting at all elections to negroes, and to Such white men as may not be disfranchised for rebellion or felony. Fourth, the subtnission of the Constitu- tion for ratification to negroes and white men not disfranchised, and its aotusil i:atification by their vote. Fifth, the submission of the State Constitution to Congress for examination and approval, and the actual approval of it by that body. Sixth, the adoption of a certain amend- ment to the Federal Constitution by a vote of the Legislature elected under the new Constitu- tion. Seventh, the adoption of said amendment by a Snflioient number of other States to make it a part of the Constitution of the United States. All these Conditions must be fulfilled before the people of any of these States can be relieved from the bondage of military domination ; but when they are fdlfilled, then immediately the pains and penalties of the bill sire to cease, no mattei- whether there be peace and order or not, and without any reference to the securitjy of life or property. Thei excuse given for the bill in the preamble' is admittied by the bill itself not to be real. The military rule which it establishes is plainly to be used, not for any purpose of order or for the prevention of crime, but solely as a means of coereiiig the people into the adoption of principles and measures to which it is known that they are opposed, and upon which they have an undefiiable right to exercise their own judgment. I shbmit to Cobgr^ss whether this measure is not, in its' whole character, scope, and obj ect, with- out precedent and without authority, in palpable conflict ■«fith the plainest, provisions of the Con- stitution, and utterly destructive to those great principles of liberty and humanity for which our ancestors on both sides of the Atlantic have shed so much blood and expended so much treasure. The ten States named in the bill are divided into five' districts. For each district an officer of the Army, not below the rank of brigadier general, is to be appointed to rule over the peo- ple ; and he is to be supported with an efficient military force to enable him' tO perform his duties and enforce hie authority. Thosei duties, and that authority,' as- defined by the third section of the bill, are, "toproteeii all persons in their rights of person and property^to suppress instir- rection, disorder, and violence, and to punish, or cause' to be pu-nisheid, all disturbers of the public peace or criminals." The power thus given to the ooirimanding officer over all the people of each district is that of an absolute monarch. His mere will k to take the place of all -law. The law of the States is now the only rule appli- cable to the subjects placed under his control, and that is completely displaced' by the clause which declares" all interference of State authority to be null and void. He alone is permitted to determine what are rights of person or property, and he may protect them in such way as in his discretion may seem proper. It places at his free disposal all the lands and goods in his dis- trict, and he may distribute them without let or hindrance to whom he pleases. Being bound by no State law, and there being no other law to regulate' the Subject, he may make' a criminal 168 POLITICAL MANUAL. code of his own ; and he can make it as bloody as ^any recorded in history, or he can reserve the privilege of acting upon the impulse of his pri- vate passions in eaon case that arises. He is bound by no rules of evidence ; there is indeed no provision by which he is authorized or re- quired to take any evidence at all. Everything is a crime which he chooses to call so, and all persons are condemed whom he pronounces to be guilty. He is not bound to keep any record, or make any report of his proceedings. He may arrest his victims wherever he finds them, with- out warrant, accusation, or proof of probable cause. If he gives them a trial before he inflicts the fiunishment, he gives it of his grace and mercy, not because he is commanded so to do. To a casual reader of the bill, it might seem that some kiud of trial was secured by it to per- sons accused of crime ; but suck is not the case. The oificer " may allow local civil tribunals to try offenders," but of course this does not require that he shall do so. If any State or Federal court presumes to exercise its legal jurisdiction by the trial of a malefactor without his special permission, he can break it up, and punish the judges and jurors as being themselves malefac- tors. He can save his friends from justice, and despoil his enemies contrary to justice. It is also provided that " he shall have power to organize military commissions or tribunals ;" but this power he is not commanded to exercise. It is merely permissive, and is to be used only " when in his judgment it may be necessary for the trial of offenders." Even if the sentence of a commission were made a prerequisite to the punishment of a party, it would be scarcely the slightest check upon the officer, who has author- rity to organize it as he pleases, prescribe its mode of proceeding, appoint its members from among his own suborainates, and revise all its decisions. Instead of mitigating the harshness of his single rule, such a tribunal would be used much more probably to divide the responsibility of making it more cruel and unjust. Several provisions, dictated by the humanity of Congress, have been inserted in the bill, ap- parently to restrain the power of the command- ing officer ; but it seems to me that they are of no avail for that purpose. The fourth section provides — First. That trials shall not be un- necessarily delayed; but I think I have shown that the power is given to punish without trial, and if so, this provision is practically inopera- tive. Second. Cruel or unusual punishment is not to be inflicted ; but who is to decide what is cruel and what is unusual? The words have acquired a legal meaning by long us6 in the co\iits. Can it be expected that military officers will understand or follow a rule expressed in language so purely technical, and not pertaining in the feast degree to their profession ? If not, then each officer may define cruelty according to his own temper, and if it is not usual, he will make it usual. Coiporal punishment, imprison- ment, the gag, the oall and chain, and the al- most insupportable forms of torture invented for military punishment, lie within the range of ^hoice. Third. The sentence of a commission is Vt to be executed without being approved by \commander, if it affects life or liberty, and a sentence of death must be approved by the Pres- ident. This applies to oases in which there has . been a trial and sentence.. I take it to be cleat,^ under this bill, that the military commander may condemn to death without even the form of, a trial by a military commission, so that the life^ of the condemned may depend upon the will of two uen instead of one. It is plain that the authority here given to,^ ihe military officer amounts to absolute despo't-j ism. But, to make it still more unenduraole, ; the bill provides that it may be delegated to as many subordinates as he chooses to appoint; for , it declares that he shall " punish or cause to be -, Eunished." Such a power has not been wielded; y any monarch in England for more than five hundred years. In all that time no people who speak the English language have borne such servitude. It reduces the whole population of the ten States — all persons, of every color, sex, and condition, and every stranger within their, limits — to the most abject and degrading slavery. No master ever had a control so absolute over his slaves as this bill gives to the military offi- cers over both white and colored persons. _^ It may be answered to this that the officers of the Arnly are too magnanimous, just, and hu- ■ mane to oppress and trample upon a subjugated people; I do not doubt that Army officers are as well entitled to this kind of confidence as any othei- class of men. But the history of the world has been written in vain, if it does not teach us that unrestrained authori^ can never be safely trusted in human hands. It is almost sure to be more or less abused under any circumstances, and it has always resulted in gross tyranny where the rulers who exercise it are strangers to their subjects, and come among them as the representatives of a distant power, and more espefcially when the power that sends them is un- friendly. Governments closely resembling that here proposed have been fairly tried in- Hun- gary and Poland, and the suffering endured by those people roused the sympathies of the entire world. It was tried in Ireland, and, though tempered at first by principles of English law, it gave birth to cruelties so atrocious that they are never recounted without just indignation. The French Convention armed its deputies with this power, and sent '■Vem to the southern de- partments of the republic. The massacres, mur- ders, and other atrocities which they committed show what the passions of the ablest men in the most civilized society will tempt them to do when wholly unrestrained by law. The men of our race in every age have strug- gled to tie up the hands of their Governments and keep them within the law, because their own experience of all mankind taught them that rulers could not be relied on to concede those rights which they were not legally bound to re- spect. :he head of a great empire has some- times governed it with a mild and paternal sway; but the kindness of an irresponsible depv ty never yields what the law does not extort from him. Between such a master and the people subjected to his domination there can be nothing but en- mity ; he punishes them if they resist his author- ity, and, if they submit to it, he hates them foi their servility. PRESIDENT JOHNrtON S MESSAGES. ibH 1 come now to a question which is, if possible, Btill more important. Have we the power to establish and carry into execution a measure Ifke this ? I answer, certainly not', if we derive our authority from the Constitution, and if we are hound by the limitations which it imposes. - This proposition is perfectly clear— that no branch of the Federal Governrnent, executive, legislative, or judicial, can have any just pow- ers except those which it derives through and exercises under the organic law of the Union. Outside of the Constitution we have no legal au- thority more than private citizens, and within it ^ehave only so much as that instrument gives us. This broad principle limits all our functions, and applies to all subjects. It protects not only the citizens of States which are within the Union, but it shields every human being who comes or is brought under our jurisdiction. We have no right to do in one place, more than in another, that which the Constitution says we shall not do afall. If, therefore, the southern States were in truth out of the Union, we could not treat their peofile in a way which the fundamental law forbids. Some persons assume that the success of our arms in crushing the opposition which was made in some of the States to the execution of the Federal laws reduced those States and all their pelople — the innocent as well as the guilty — to the condition of vassalage, and gave us a power over them whi«h the Constitution does not be- stow or define or limit. No fallacy can be more transparent than this. Our victories subjected the insurgents to legal obedience, not to the yoke of an arbitrary despotism. When an absolute aov'ereign redu'ces his rebellious subjects, he may deal with them according to his pleasure, because Le hid that power before. But when a limited Uioidarch puts down an insurrection, he must still govern according to law. If an insurrec- tion sholild take _place in one of our States against the authority of the State government, and end in the overthrow of those who planned it, -would that take away the rights of all the people of the counties where it was favored by a part or a majority of the population ? Could they, for such a reason, be wholly outlawed and deprived of their representation in the Legisla- ture?' I have always contended that the Gov- ernment of the United States was sovereign within its constitutional sphere; that it exe- cuted its laws, like the States themselves, by applyitig its coercive poVer directly to individ- uals ; and that it could put down insurrection with the same effect as a State, and no other. The opposite doctrine is the worst heresy of those who advocated secession, and cannot he agreed to without admitting that heresy to be right. _ ■ , Invasion, insurrection, rebellion, and domes- tic violence were anticipated when the Govern- ment was ilrained, and the means of repelling and suppressing them were wisely provided for in the Constitution ; but it was not thought neces- sar^' to declare-, that the States in which they might occur should be expelled from, the Union. Eebellions, which were invariably suppressed, occurred prior to that out of which these ques- tions grow ; hut the States continued to exist^ and the Union remained unbroken. In Massa- chusetts, in Pennsylvania, in Rhode Island, and in New York, at different periods in our history, violent and armed opposition to the United States was carried on ; out the relations of those States with the Federal Government were not supposed to be interrupted or changed thereby, after the rebellious portions of their population were defeated and put down. It is true that in these earlier cases there was no formal expres- sioli of a determination to withdraw from the Union, but it is also true that in the southern States the ordinances of secession were treated by all the friends of the Union as mere nullities, and are now acknowledged to be so by the States themselves. If we admit that they had any force or validity, or that they did in fact take the States in which they were passed out of tho Union, we sweep from under our feet all the grounds upon which we stand in justifying the use of Federal force to maintain the integrity of the Government. j| This is a bill passed by Congress in time of peace. There is not in any one of the States brought under its operation either war or insur- rection. The laws of the States and of the Fed- eral Government are all in undisturbed and harmonious operation, the courts. State and Federal, are open, and in the full exercise of their proper authority. Over every State comprised in tnese five military districts life, liberty, and. property are secured by State laws and J ederal laws, and the national Constitution is every- where in force and everywhere obeyed. What, then, is the ground on which this bill proceeds? The title of the bill announces that it is intended " for the more efficient government " of these ten States. It is recited by way of preamble that no legal State governments " nor adequate pro- tection for life or property," exist in those States, and that peace and good order should be thus enforced. The first thing which arrests atten- tion upon these recitals, which prepare the way for martial law, is this : that the only foundation upon which martial law can exist under our form of government is not stated or so much as pretended. Actual war, foreign invasion, do- mestic insurrection — none of these appear ; and none of these in fact exist. It is not even recited that-any sort of war or insurrection is threat- ened. Let us pause here to consider, upon this question of constitutional law and the power of Congress, a recent decision of the Supreme Court of the United States in ex parte Milligan. I will first quote from the opinion of the ma- jority of the Court: "Martial law cannot arise^ from a threatened invasion. The necessity must be actual and present, the invasion real, such as' effectually closes the courts , and deposes the"" civil administration." We see that martial law comes in only when actual war closes the courts and deposes the civil authority ; but this bill, in time of peace, makes martial law operate as though we were in actual war, and become the cause, instead of the conseguenee of the abroga- tion of civil .authority. One more quotation: " It follows from what has been said on this sub- ject that there are occasions when martial law can be properly applied. If, in foreign invasion or civil war, the courts are actually closed, and 170 rffUTlCAL MANUAL. it is impossible to administer criminal justice according to law, then, on the theatre of acfive military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority thus overthrown, to preserve the safety of the Army and society ; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course." • I now quote from the opinion of the minority of the Court, delivered by Chief Justice Chase : "We by no means assert that Congress can es- tablish and apply the laws of war where no war has been declared or exists. Where peace ex- ists, the laws of peace must prevail. This is su65ciently explicit. Peace exists in all the ter- ritory to which this bill applies. It asserts a power in Congress, in time of peace, to set aside the laws of peace and to substitute the laws of war. The minority, concurring with the major- ity, declares that Congress does not possess that power. Again, and, if possible, more emphatic- ally, the Cnief Justice^ with remarkable deaf- ness and condensation, sums apthe whole matter as follows : ** There are under the CoDStitution three kinds of military Jurisdiction — one to be exercised both in peace and \ra,r ; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within States or districts occupied by rebels treated as belligerents ; and a third to be exercised in time of inva- ^on or insurrecti'm within the limits of the Unit«d States, or during. rebKltlun within the. limits of the States main- taining ndhesion to the national OoTernment, when the public danger requires its exercise. The first of these may be called jurisdiction under Militakt Law, and is- Ibund in acts of Congress prescribing rules and articles of wai', or otborwise providing for the government df the national forces ; the second may be distingnished fU MniTART Gov- ernment, superseding, as far as may be dee1ned> expedient^ the local law, and exercised l)y the military commander, under the direction of the President, with the express or implied sanction of Congress; while the third may be de- nominated Mab-tial Law Propbr, and is called into action by Congress, or temporarily, when the action of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or invasion, or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures public safety and private rights." It will be observed that of the thtee kinds of military jurisdiction which can be exercised or created under our Constitution, there is but one that can prevail in time of peace, and that is tha code of laws enacted by Congress' for the govern- ment of the national forces. That body of mil- itary law has no application to the oitizlenj nor even to the citizen soldier enrolled in the militia in time of peace. But this bill is not a part of that sort of military law, for that applies only to the soldier, and not to the citizen, wnilst, con- trariwise, the military law pTOVided by this bill applies only to the citizen and not to the sol- dier. I need not say to the Bepresentativ'es of the American people that their '.Constitution forbids the exercise oi judicial power in any way but one ; that is, by the ordained aid established courts. It is equally Well known that in all criminal oases a trial by'jury is mad? indispen- sable by the express words of that instrume'nt. I will not enlarge on the inestimable value of the right thus secured to evei'y freeman, or speak of thedainger to public Hbeityin all parts of the country which must ensue from a denial Bf it anywhere, or upon a'Uy pretense. A very recent decision ol the Supreme Court hastiaeed the history, vindicated the dignity, and malfe known the value of this great privilege so clearly that nothing more is needed. TowEat extent, a violation of it might be excused in time of War or public danger may admit of discussion ; btit we are providing now for a time of profound peace, wnere there is not an armed soldier within our borders except those who are in the servicet of the Government It is in such a condition of things that an act of Congress is^ proposes which, if carried Out, would deiiy a trial by tfiq lawful courts and juries to nine millions of American citizens, and to their posterity for an indefinite period. It seems to be scarcely" po6Bi« ble that any one should seriously believe this cOfisistent -vfith a Constitution which declares., in simple, plain, and unambiguous language, thai all persons shall have that right, and that no person shall ever in any case be deprived of if. The Constitution also forbids the arrest of the citizen without judicial warrant, founded oii probable cause. This bill authorizes an arrest without warrant, at the pleastire of a military commander. The Constittitioh declares tbaS " no person shall be held to answer for a ca.pit"al' or otherwise infamous crime unless on present- ment by a grand jury." This bill holds every person', not a soldier, answerable for all crimes and all charges without any presentment. The Constitution declares that " no person shall bd deprived of life, liberty, of property without duS process of law." This bill sets aside all process of law, and makes the citizen answerable in his person and property to the Will of one man, and as to his lite to the -Will of two. Finally, ths Constitution declaires that " the privilege of tha writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasfon, the. Sublic safety may require it ;" whereas this bilt eclares mar.tial law (Which of itself suspends this great writ) in time Of' peace, and authorizes tha military to make the arrest, and gives to the prisoner only One privilege, and tbat is a trial "without unnecessary delsty." He has no hops of release from cuslody, eXcSpt the hope, such as it is, of release' by acqiiittar before a militarj' coiamission. • The United States are bound to guarantee' to each State a Republican form of governtaeni. Can it be pfetended that this- obligation is "oi palpably broken if we carry out a measure like this, which wipes away every vestige of repub- lican government in ten States, and puts the life', property, liberty, and honor of all the people in each of them under the domination ot a single" person clothed with unlimited authority ? The Parliament of England', exercising the" omnipotent power which it claimed, was accus- tomed to pass bills of attainder ;' that is to say,, it would convict men of treason and other criKieS by legislative enactment. The person accused, had anearing, sometimes a patient and fair one; | but generally party prejudice prevailed, instead' , of jusiice. It often became necessary for' Parlia- ment to acknowledge'its error and'reverse its own aotion. The fathers of our country determined' that no such thing should occur here Thejf withheld the power from Congress, and thus for-- bade its exercise by that body ; and they pro.' PRESIDENT JOHNSON B SPEECHES. 171 Vided iu the Constitution that no State should rpass any bill of attainder. It is, therefore, impos- sible for any person in this country to be con- stitutionally convicted or punished for any crime by a legislative proceeding of any sort. Never- theless, here is a bill of attainder against nine millions of people at once. It is based upon an accusation so vague as to be scarcely intelligi- ble, and found to be true upon no credible evi- dence. Not one of the nine millionn was heard in his own defense. The representatives of the doomed parties were excluded from all partici- pation in the trial. The conviction is to be fol- ■iBwed by the most ignominious punishment ever itiiflicted on large masses of men. It disfran- chises them by nundreds of thousands, and de- grades them all, even those who are admitted to be guiltless, from the rank of freemen to the sondition of slaves. The purpose and object of the bill, the general intent which pervades it from beginning to end, is to change the entire structure and character of the State governments, and to compel them by force to the adoption of organic laws and legulations which they are unwilling to accept if left to themselves. The negroes have not asked for the privilege of voting; the vast major- ity of them have no idea what it means. This bill not only thrusts it into their hands, but compels them, as well as the whites, to. use it in a par- ticular way. ■ If they do notform a Constitution with prescribed articles in it, and afterwards elect a Legislature which will act upon certain measures in a prescribed way, neither blacks nor whites can be relieved from the slavery which the bill imposes upon them. Without pausing here to consider the policy or impolicy of Afri- caaizing the southern part of our territory, I would simply- ask the attention of Congress' to that manifest, well-known, and universally ac- knowledged rule of constitutional law which de- «lare= that the Federal Government has no juris- diction, authority, or power to regulate such rHibjects for any State. To. force' the right of smfirage out of the hands of the white, people -and into the hands of the negroes is an arbitrary vio- lation of this principle. This bill imposes martial law at once, and its operations will begin so soon as the general and .his troops, can be pat in place. The dread alter- Bflitive between itsi harsh role, and compliance with the terms of this measure is- not suspended, Bor are the people afforded any time for free de- liberation. The bill says to" them, take m.arti.al Kw first, then deliberate. And when they have dbne all that this measure requires them, to do, other conditions, and contingencies, over w-hich ttiey have no- control, yet remain to be fulfilled -Wore they can be. relieved from martial law. Another Congress mTist first approve the consti- 'totions made in conformity with the will of this Congress, and must declare these Gtates entitled to representation in both Houses. The whole qui^stion thus- remains open and unsettled, and' must again occupy the attention of Congress, and in the meantime the agitation which now /prevails will continue to disturb all portions of ijhe people. ,- The bill also denies the legality of the gov- ernments of ten of the States'whieh participated in tho ratification of the amendment to the Federal Constitution abolishing slavery forever within the- jurisdiction of the Diiited Statues, and practically excludes them from the Union. If this assumption of the bill be correct, their con- currence cannot be considered as having been legally given, and the important fact is made to appear that the consent of three-fourtln of the States — the requisite number — has not been con- stitutionally obtained to the ratification of that amendment, thus leaving the question of slavery where it stood before the amendment was offici- ally declared to have become a part of the Con- stitution. That the nieasure proposed by this bill doeB violate the Constitution in the particulars men- tioned, and in many other ways which I forbear to enumerate, is too clear to admit of the least doubt. It only remains to consider whether the injunetions of that instrument ought to h^obeyed or not. I think they ought to be obeyed, for reasons which I will proceed to give as briefly as possible. In the first place, it is the only system of free government which we can hope to have as a na- tion. When it ceases to be the rule of our con duet, we may perhaps take our choice between complete anarchy, a consolidated despotism, and a total dissolution of the Union ; but national liberty, regulated by law will have passed be- yond our reach. It is the best frame of government the world ever saw. No other is or can be so well adapted to the genius, habits, or wants of the American people. Combining the strength of a great empire with unspeakable blessings of local self- government, having a central power to defend the general interests, and recognizing the au- thorll?^ of the States- as. the guardians of indus"- trial rights, it; is " the sheet-a,uchor of our safety abroad and our peace at home;" It was ordained "to- form a more perfect union, establish justice, insure domestic traloquillity, promote the general welfare, provide for the common defense, and secure the blessings of liberty to ourselves and to our posterity. These great ends have been attained! h;eretiofore.,.and will be again, by faith- ful obedience to it ; but they are certain to be lost if we treat with disregard' its sacred obliga- tions. It was to pnnish the gross crime of defying the Constitution, and to vindicate its supreme au- thority, that we carried on a bloody war of four years' duration.' Shall we- now acknowledge that we sacrificed a million of lives and expended 'billions of treasure to enforce a Constitution . which is nob worthy of respect and' preservation 7 Those who advoeated the right of secession! alleged in their own justification that we had no i regard for law, and that their righfer of property, life, and' liberty would not be safb under the Constitution, as administered by us. If we now verify their assertion, we prove that they were in truth and in fact fighting for their liberty, and instead of branding their leaders with the' dishonoring name of traitors against a righteous' and legal Government^ we elevate them i'n his- tory to the rank of self-sacrificin.; patriots, con- secrate them to the admiration of the world, and p,Ii].ce'them..by the side- of Washington', Hamp-. 172 POLITICAL MANUAL. den, and Sydney. No ; let us leave them to the infamy they deserve, punish them as they should be punished, according to law, and take upon ourselves no share of the odium which they should bear alone. It is a part of our public history, which can never be forgotten, that both Houses of Congress, in July, 1861, declared, in the form of a solemn resolution, that the war was and should be car- ried on for no purpose of sabjueation, but solely to enforce the Constitution and laws; and that when this was yielded by the parties in rebel- lion, the contest should cease, with the constitu- tional rights of the States and sf individuals unimpaired. This resolution was adopted and sent forth to the world unanimously by the Sen- ate,* and with only two dissenting voices in the House. It was accepted by the friends of the Union in the South, as well as in the North, as expresSng honestly and truly the object of the war. On the faith of it, many thousands of persons in both sections gave their lives and their fortunes to the cause. To repudiate it now by re- fusing to the States and to the individuals within them the rights which the Constitution and laws of the Union would secure to them, is a breach of our plighted honor for which I can imagine no exeuse, and to which I cannot voluntarily become a party. The evils which spring from the unsettled state of onr Government will be acknowledged by all. Commercial intercourse is impeded, capi- tal is in constant peril, public securities fluctuate in value, peace itself is not secure, and the sense of moral and political duty is impaired. To avert these calamities from our country, it is imperatively required that we should immedi- ately decide upon some course of administration which can be steadfastly adhered to. I am thoroughly convinced that any settlement, or compromise, or plan of action which is incon- sistent with the principles of the Constitution will not only be unavailing, but mischievous; that it will but multiply the present evils, in- stead of removing them. The Constitution, in its whole integrity and vigor, throughout the length and breadth of the land, is the best of all compromises. Besides, our duty does not, in my judgment, leave us a choice between that and any other. I believe that it contains the remedy that is so much needed, and that if the co-ordinate branches of the Government would unite upon its provisions, they would be found broad enough and strong enough to sustain in time of peace the nation which they bore safely through the ordeal of a protracted civil war. Among the most sacred guaranties of that in- strument are those which declare that " each State shall have at least one Representative," and that " no State, without its consent, shall be deprived of its equal suffrage in the Senate." Each House is made the "judge of the elections, returns, and qualifications of its own members," and may, " with the concurrence of two-thirds, expel a member." Thus, as heretofore urged, "in the admission of Senators and Representa- tives from any and all of the States, there can * Tbis 13 not qnito accurate. There were, five negative Toles in the Sen.-ite. (See ^=enate Journitl, let Sess. S9th Con- gte89,pago 92.) ■ be no just around of apprehension that persona who are disloyal will be clothedwith the powers of legislation ; for this could not happen when the Constitution and the laws are enforced by a vigilant and faithful Congress." " When a Sena-, tor or Representative presents his certificate of election, he may at once be admitted or rejected ; or, should there be any question as to his eligi- bility, his credentials may be referred for investi- gation to the appropriate committee. . If admib£ ted to a seat, it must be upon evidence satisfac tory to the House of which he thus becomes a member, that he possesses the requisite constitu- tional and legal qualifications. If refused ad- mission as a member for want of due allegiance to the Government, and returned to his constitu- ents, they are admonished that none but persons loyal to the United States will be allowed a voice in the legislative councils of the nation,' and the political power and moral influence of ' Congress are thus effectively exerted in the in-' terests of loyalty to the Government and fidelity to the Union." And is it not far better that the work of restoration should be accomplished by simple compliance with the plain requirement of the Constitution, than by a recourse to meas- ures which in effect destroy the States, and threaten the subversion of the General Govern- ment? All that is necessary to settle this simple but important question, without further agita- tion or delay, is a willingness on the part of all to sustain the Constitution and carry its pror visions into practical operation. If to-morrow either branch of Congress would declare that, upon the presentation of their credentials, mem- bers constitntionally elected and loyal to the General Government would be admitted to seats in Congress, while all others would be excluded, and their places remain vacant until the selection by the people of loyal and qualified persons ; and i^ at the same time, assurance were given that this policy would be continued until allthe States were represented in Congress, it would send a thrill of joy throughout the entire land, as indi- cating the inauguration of a system which must, speedily bring tranquillity to the public mind. While we are legislating upon subjects which '. are of great importance to the whole people, and- which must affect all parts of the country, not only during the life of the present generation, but for ages to come, we should remember that all men are entitled at least to a hearing in the councils which decide upon the destiny of them- selves and their children. At present ten States are denied representation, and when the Fortietib Congress assembles on the fourth day of the. present month, sixteen States will be without a voice in the House of Representatives. This grave fact, with the important questions before us, should induce us to pause in the course of , legislation which, looking solely to the attain* ment of political ends, fails to consider the rights - it transgresses, the law which it violates, or the institutions which it imperils. Ahdbew Johhson. Washikgton, March 2, 1867. ' The votes on this bill were as follow : Ik House. 186V, February 20— The bill passed finally, aa above — yeas 128, nays 46, as follow : PKESIDKNT JOHNSON S MESSAGES. Teas — Messrs. Alloy, Allison, Ames, Anderson, Arncll, Delos R. Ashley, James M. Ashley, Baker, Baldwin, BaulvS, i!ar]!.er, Baxter, Boaman, Benjamin, Bidwcl], Biugbimi, Blaiue, Blow, Boutwell, Braindegee, Broinwell, Broomnll, Buckland, Bundy, Reader W. Clarke, Sidney Clarlie, Cobb, ^ddk, Cuilom, Darling, Davis, Dawes, Defrecs, Delano, Deqiiug, Dixon, Dodge, Donnelly, Dumont, Bggli'siou, Eliot, fljarnsworth, Farqujiar, Ferry, Garlield, GririQell, (iris- wold, Abner 0. Harding, Hart, Hayes, Henderson, Higby, Hllli Holmes, Hooper, llotchkiss, Cliester D. hubbard, Demas Hubbard, Jr., John H. Hubbard, Hulburd, Ingersoll, Julian, Kaeson, Kelley, ELelso, Eeixham, Koontz, Lalliu, George V. Lawrence, William Lawrence, Loan, Longyi'ar, f^noh, Marvin, Maynard, McClurg, Mcindoe, lIcKoo, Mc- Ttuer, Mercur, Miller, Moorhoad, Morris, Moulton, Myprs, Ifewell, O'Neill, Orth, Paine, Patterson, Perhnm, Pike, f. Hilts, '.'omeroy. Price, Raymond, Alexander lI.Rice, John H.Rice, ItoUins, Sawyor, Scbenck, Scofield, Shellabarj^er, tloan, .Spal- L|ng, Starr, Stevens, Stokes, Thayer, Francis Thomas, Jcjin L. [hpmas, jr., Trowbridge, Upson, Van Aernam, Burt Van ^rn, Robert T.Van Horn, Hamilton Ward, Warner, Henry D.:Washburn, William B. Washburn, Welker, Weutworth, ^flialey, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge— 128. -Nays — Messrs. ^ncona, Bergen^ Bm/fo-^ Oamplell, Chanter, Cooper, Davjion, Denisnn, EUiridgp^ Finck, Glossbrennn; QooUyear, Aaron Warding, Hawkins, HUr, Edwin N. Huh- mLL James R. Hubbell, Humphrey, Hunter, Ktcrr, Kuyken- dall, LeBlond, Ltftwich, Marshalt, McOuUough, Hihlack, J^Cholson, Noell, Phelps, Majdffn'd, Samuel J. RanduU, liit- Ur, Rogers, JRoss, Rousseau, Shanklin, Sltgreaves, Strouse, KiBer, Nathaniel 0. Taylor, JVelson Taylor, Thornton, Trinv- hit, Andrew H. Ward, WinJUld, Wright— 46. - Same day — The Senate passed the bill — yeas 35, nays 7, as follow : Yeas — Messrs. Brown, Cattell, Chandler, Conness, Cragin, Creswell, Eilmunds, Fessenden, Fogg, Foster, Fowler, Fre- lijigbuysen, Harris, Henderson, Howard, Howe, Johnsnn, Kirkwood, Lane. Morgan, Morrill. Pol-ind, Pomeroy, Rani- ley, Ross, Sherman, Stewart, Sumner, Trumbull, Van Win- tje. Wade, Willey, Williams, Wilson, Yates — 35. Nays — Messi-8. Buclcalew, Cowan, Davis, Hendricks, Nes- nith, Patterson, Saulsbury — 7. March 2 — The bill was vetoed. Same day — The House re-passed the bill — ^eas 138, nays 51, as follow : "Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnell, Delos K. Ashley, James M. AsLley, Baker, Baldwin, L'anks, Barker, Baxter, Beaman, Benjamin, Bidweil, Bingham, Blaine, Blow, Boutwell, Brundegee, Broniwell, Brooinall, Buckland, Bundy, Reader W. Clarke, Sidney Clarice, Cobb, Conkling, Cook, Cuilom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Driggs, Dumont, E^ley, Egglcston, Eliot, Farnsworth, Farquhar, Ferry, Qaitfiehl, Grinnell, Griswold, Abner C. Harding, Hart, Hayes, HiSnderson, Uigby, Hill, Holmes, Hooper, Hotchkiss, Asahel W..fHubbard, Chester D. Hubbard, Demas Hubbard, jr., JoRiiH. Hubbard, James R. Hubbell, Hulburd, Ingersoll, JeUckes, Julian, Kasson, Eelley, Kelso, Ketohani, Kooniz, Lafllin, George V. Lawrence, William Lawrence, Loan, Long- yettr,: Lynch, Marquette, Marston, Marvin, Maynard. Mc- Clprg, McTndoe, MoEee, McRuer, Mercur, Miller, Moor- head, Morrill. Morris, Moulton, Myers, Newell, O'Neill, Orth, Pifioe, Patterson, Perbam, Pike, Plants, Pomeroy, Price, Raymond, Alexander H.Rice,John H.Iiice, Rollins, Sawyer, Sl*enck, Scofield, Sbellabarger, Sloan, Spalding, Starr, Sie- YOTsi Stokes. Thayer, Francis Thomas, John L. Thomas, jr., TiBWbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Hamilton Ward, Warner, Henry D. Washbnrn, William B. Washbnrn, Welker, Wentworth. Wbaley, Wil- liams, James P. Wilson, Stephen F. Wilson, Wiindom, Wood- bridige, and Speaker Colfax — ^138. Hays— Messrs. An(:m>a, Bergen, Bayer, Campbell, Clianler, Omper, Dawsrm, Xtmison., Eldridge, Finck, Glosshrenner, GOod'^ear, Hale, Aaron Harding, Harris, Hawkins, Hise Bjgim, Edwin N. Hubbell, Humphrey, Hunter; Junes, Kerr, Knydendall, Latham, Le Bland, Zeftwieh, Marshall, McCul- lough,Niblaok, Nicholson, Noell, Phelps, Radford, SamuelJ. Rimdall, Bitter, Rogers, Hots, Rousseau, Shanklin, SUgreaves, Stillwell, Strouse, Tuber, Nathaniel G. Taylor, Nelson Taylor, Tliomton, li-imble, Andrew H. Ward, Wmfield, Wriglit—bl. Same day — The Senate re-passed it— yeas 38, nays 10, as follow : Yeas— Messrs. Anthony, Cattell, Chandler, Conness, Cra- gin. Creswell, Edmunds, Eessenden, Fogg, Faster, Fowler, Prelinghuysen, Grimes, Harris, Henderson, Howard, IlOwe, Johnson, Kirkwood, Lane, Morgan, Mon'iU, Nye, Poland, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sum- ner, Trumbull, Vau Winkle, Wade, Willey, Williams, Wil- 8(^ Yates— 38- Nays — Messrs. BucJealew, Canaan, Da'ois, Dixon, DooliUU, HendHcks, Nesmith, Nortrni, FatHefrson, Saulsbury — 10. Whereupon the President of the Senate de- clared the Did to be a law. Veto of the Civil fenure Bill, March 3, 1867. To the Senate of the United States : I have carefully examined the bill " to regu- late the tenure of certain civil offices." The material portion of the bill is contained in tlie first section, and is of the effect following, namely : " That every person holding any civil ofEce to which he has Been appointed by and with the advice and consent of the Senate, and every per- son who shall hereafter be appointed to any such office and shall become duly qualified to act therein, is and shall be entitled to hold such office until a successor shall have been p^pointed by the President, with the advice aud consent of the Senate, and duly qualified ; and that the Secretaries of Stale, of the Treasury, of War, of I the Navy, and of the Interior, the Postmaster General, and the Attorney General, shall hold their offices respectively for and during, the term of the President by whom they may have been appointed, and for one month thereafter, subject to removal by and with the advice and consent of the Senate." These provisions are qualified by a reservation in the fourth section, "that nothing contained in the bill shall be construed to extend the terra of any office the duration of which is limited by law." In effect the bill provides that the Presi- dent shall not remove from their places any of the civil officers whose terms of service ' are not limited by law, without the advice and consent of the Senate of the United States. The bill in this respect conflicts, in my judgment, with the Constitution of the United States. The question, as Congress is well aware, is by no means a new one. That the power of removal is constitution- ally vested in the President of the United States is a principle which has been not more distinctly declared by judicial authority and judicial com- mentators than it has been uniformly practiced upon by the legislative and executive depart- ments of the Government. The question arose in the House of Representatives so early as the 16th of June, 1789, on the bill for establishing an executive department denominated " The De- partment of Foreign Affairs." The first clause of the bill, after recapitulating the functions of that officer and defining his duties, had these words : " to be removable from office by the President of the United States " It was moved to strike out these words, and the motion was sustained with great ability and vigor. It was insisted that the President could not constitu- tionally exercise the power of removal exclu sively of the Senate ; that the Federalist so in- terpreted the Constitution when arguing for its adoption by the several States ; that the Consti- tution had nowhere given the President power of removal, either expressly or by styong impli- cation, but, on the contrary, had distinctly pro- vided for removals from office by impeachment only. A construction which denied the power of removal by t|je President was further maintained by arguments drawn from the danger of the ' 174 POLITICAL MANUAL. abuse of the power ; from the supposed tendency of an exposure of public officers io capricious removal to impair the efficiency ofT;he civil ser- vice ; from the alleged injustice and hardship of displacing incumbents dependent upon their offi- cial stations, without sufficient consideration ; from a supposed want of responsibility on the part of the President; and from an imagined defect of guaranties against a vicious President who might incline to abuse the power. On the other hand, an exclusive power of removal by the President was defended as a true exposition of the text of the Constitution. It was main- tained that there are certain causes for which persons ought to be removed from office without being guilty of treason, bribery, or malfeasance, and that the nature of things demands that it should be so. " Suppose," it was said, " a man becomes insane by the visitation of God, and is likely to ruin our affairs, are the hands of the Government to he confined from warding off the evil ? Suppose a person in office, not possessing the talents he was judged to have at the time of the appointment, is the error not to be corrected ? Suppose he acquires vicious habits and incurable indolence, or total nealect of the duties of his office, which shall work mischief to the public welfare, is there no way to arrest the threatened danger ? Suppose he becomes odious and unpop- ular, by reason of the measures he pursues — and this he may do without committing any positive offense against the law — must he preserve his office in despite of the popular will ? Suppose him grasping for his own aggrandizement and the elevation of his connections by every means short of the treason defined by the Constitution, hurrying your affairs to the precipice of destruc- tion, endangering your domestic tranquillity, plundering you of the means of defense, alien- ating the affection of your allies, and promoting the spirit of discord ; must the tardy, tedious, desultory road by way of impeachment be trav- elled to overtake the man who, hardy confining himself within the letter of the law, is employed in drawing off the vital principle of the Govern- ment? The nature of thiags, the great objects of society, the express objects of the Constitution itself, require that this thing should be other- wise. To unite the Senate with the President in the exercise of the power," it was said, " would involve us in the most serious difficulty. Sup- pose a discovery of any of those events should take place when the Senate is not in session, how is the remedy to be applied ? The evil could be avoided in no other way than by the Senate sit- ting alv/ays." In regard to the danger of the power being abused it exercised by one man, it was said " that the danger is as great with respect to the Senate, who are assembled from various parts of the continent, with different impressions and opinions ;" " that such », body is more likely to misuse the power of removal than the man whom the united voice of America calls to the presidential chair. As the nature of government requires the power of removal," it was maintained " that it should be exercised in this way by the hand capable of exerting it- self with effect ; and the power must be con- ferred on the President by the Constitution, as the executive officer of the Government." Mr. Madison, whose adverse opinion in the Federalist had been relied upon oy those who denied the exclusive power, now participated in the debate. He declared that he had reviewed his former opinions, and he summed np the whole case as follows : "The Constitution afflrme fhat the executive power iB Tested in tbe President. Are there exceptione to this prpp- osition? Yes, there are. The Constitution says that in appointing to office the Senate ehall be associated with the President, unless in the case of inferior officers, when the law shall otherwise direct. Have we (that is. Congress) a right to extend this exception? I believe not. If the Con- stitution has invested all executive power in the President-, I venture to assert that the legislature has no riglit to di- minish or modify his executive authority. The questioi^' now resolves itself into this ; Is the power of displacing an executive power! I conceive that if any power whatsoev^ is in the Executivo it is the power of appointing, overseeing, and controlling those who execute the laws. If the Consti- tution had not qualified the power of the President in ap- pointing to oiSce by associating the Senate with him in that business, would it not be clear that he would have the li^t^ by virtue of his executive power, to make such appoiut< ment! Should we be authorized, in defiance of thai clanse in the Constitution — ' The executive power shall be vested in the President' — to unite the Senate with the Presidentin the appointment to office f I conceive not. If it is admitted that we should not be authorized to do this, I think it may be disputed whether we have a right to associate them in removing persons from office, the one power being as much of an executive nature as the other ; and the firat one 1^. authorized by being excepted out of the general rule estab- lished by the Constitution in these words ; * The executive power shall be vested in the President.' " The question thus ably and exhaustively ar- gued was decided by the House of Bepresenta- tives, by a vote of thirty-four to twenty, in favor of the principle that the executive power of re- moval 18 vested by the Constitution in the Exec- utive, and in the Senate by the casting vote of the Vice President. The question has often been raised in subse- quent times of high excitement, and the practice of the Government has lievertheless conformed in all cases to the decision thus early made. The question was revived during the adminis- tration of President Jackson, who made, as is well recollected, a very large number of remov- als, which were made an occasion of close and rigorous scrutiny and remonstrance. The sub- ject was long and earnestly debated in the Sen- ate, and the early construction of the Constitu- tion was nevertheless freely accepted as binding and conclusive upon Congress. The question came before the Supreme Court of the United States in January, 1839, ex parte Sennen. It was declared by the Court on that occasion, that the power of removal from office was a subject much disputed, and upon which a great diversity of opinion was entertained in the early history of the Government. This related,' however, to the power of the President to remove officers appointed with t^e concurrence of the Senate ; and the great question was whether the removal was to be by the President alone, or with the concurrence of the Senate, both con- stituting the appointing power. No one denied the power of the President and Senate jointly to remove where the tenure of the office was not fixed by the Constitution, which was a full recog- nition of the principle that the power of removal was incident to the power of appointment ; but it was very early adopted as a practical con- struction of the Constitution, that this power was vested in the President alone ; and such would appear to have been the legislative con- PRESIDENT JOHNSON'S MESSAGES. 175 «iii-uctiou of the Constitution, for in the organi- «4won of the three great Jjepartments (if atate, War, and Treasury, in the year 1789, provision was made for the appointment of a subordinate officer by the head ot the DepartmeDt, who should have charge of the records, books, and papers appertaining to the office when the head of the Department should he removed from office hy the {■resident of the United Stateg, When the Navy Department was established, in the year 1798, provision was made for the charge and custody of the books, records, and documents of the De- partment in case of vacancy in the office of Sec- retary by removal or otherwise. It is not here said "by removal of the President," as ia done with respect to the heads of the other Depart- ments, yet there can be no doubt that he holds his office with the same tenure as the other Sec- retaries, and is removable by the President. The change of phraseology arose, probably, from its having become the settled and wellvunderatood construction of the Constitution that the power ef removal was vested in the President alone in such cases, although the appointment of the of- ficer is by the President and Senate. (13 Peters, page 139.) Oar most distinguished and accepted commen- tators upon the Constitution concur in the con- struction thus early given by Congress, and thus sanctioned by the Supreme Court, After a fiill analysis of the consressional debate to which I have referred, Mr. Justice Story comes to this conclusion: "After a most animated discussion, the vote finally taken in the House of Repre- sentatives was affirmative of the power of re- moval in the President, without any co-operation of the Senate, by the vote of thirty-four mem- bers against twenty. In the Senate, the clause in the bill affirming the power was carried by the casting vote of the Vice President. That the final decision of this question so made was greatly influenced by the e^i.alted character of the President then in office, was asserted at the time, and has always been believed, yet the doc- trine was opposed as well as supported by the highest talents and patriotism ot the country. The puhUo have acquiesced in this decision, and it constitutes, perhaps, the most extraordinary sase in the history of the Government of a power conferred by implication on the Eyeeutive by the assent of a bare majority of Cpngress, wMeh has not been questipped on many other pqca- ejons." The commentator adds : " Ner is this general acquiescence and silence withput a satis- factory explanation." Chancellor Kent's remarks omthe subject are as follows : " On the first organization of the Government it was made a'quefition whether the power of remoyal in case of officers appointed to bole) -at, pleasure resided nowhere but in the: jtjody which appointed, and^ of course, whether the consent o'f 'the Senato was not requisite to remove. This was the, construction given to the UsustiCution while iit was pending ■for ratification before, the $tate conventions, by the author of the Federalist. But the construction which was given, to the Constitution \?y Congrfss, after great consideration ^nd discussion, was different. The words of the act (estab- lishing the Treasury Departjment) are: ' And whenever the 'B^me ebaJl be removed frvm office hj the President of the United States, or in any other case of vacancy in the office, the rtssiscant shaill act.* This amounted to a legislative con- Btructiun of the Constitution, and it has ever .since been acquiesced in and aciJed upon as a decisive aulluirtty in then CMse, It applies equally to every othei ofUi-er of the Gov ernment appointed by the President, whose term of dnra- ttoh is not specially declared. It is supported by the weighty reason that the subordinate officers in the executive depart- ment ought to hold at the pleasure of the head nf the d^ nurtment, becatise he is invested generally with the execu- tive authority, and the participation in that iiiithority By the Senate was an exception to a geueral priuciple and ought to be taken strictly. The President is the great responsible officer for the faithfhl execution of the law, and the power of removal was incidental to that duty, and might often be requisite to fulfill it," Thus has the important question presented by thiK bill been settled, in the language of the late Daniel Webster, (who, while dissenting from it, admitted that it was settled,) by QonB.tructia9, settled by precedent, settled by the practice of the Government, and settled by statute. The events of the last war furnished a practical con- firmation of the wisdom of the Constitution as it has hitherto been maintained, in many of its parts, including that which is now the subject of consideration. When the war broke out. rebel enemies, traitors, abettors, and sympathizers, were found in every Department of the Govern- ment, as veil in the civil service as in the land and naval military service. They were found in Congress and among the keepers of the Capi- tol; in foreign missions; in each and all of the executive Departments; in the j,udicial service ; in the post office, and among the agents for con- dacting Indian affairs. Upon probable suspicion they were promptly displaced by my predeces- sor, so far as tkey held their offices under exec- utive authority, and their duties were confided to new and loyal successors. No complaints against that power oj doubts of its wisdom were entertained in any quarter. I sincerely trust and belisTe that no such civil war is likely to occur again. I cannot doubt, however, that in whatever form, and on whatever occasion, sedi- tion can lai^e an effort to hinder, or embarrass, or defeat, the legitima.te action of this Govern- ment, whether by preventing the collection of revenue, or disturhing the public peace, or sep- arating the States, or Ijetraying the country to a foreign enemy, the power of removal from office hy the Bxeoative, as it has heretofore existed and been practiced, will be found indispensable. Under these circumstances, as a depository of the executive aothoiity of the nation, I do not feel at liber<5f to uoite with Congress in revers- ing it by giving my approval to the bill. At the early day when this question was settled, and, indeed, at the several periods when it has subsequently been agitated, the success uf the Cofustttntion of the United States, as a new and peouliar system of -free iiepreseatati^ve govern- ment, was held douibtful in other countries, and was even a subject of ipatriotie apprehension among the American people themselves. A trial of nearly eighfty years, through the vicissitudes of foreign conflicitsiaudlof civil' war, is confidently regarded as having extinguished all such doubts and apprehensions foF the futare. During that eightyyeaiB the pieople of the United States have enjoyed a measure of seeiffirity, peace, prosperity, arid happiness never surpassed bj any nation. It cannot bedonbted that the triumphant' suc- cess of the Constitution is due to the wouderfu wisdom with which the funotions.of government were distribiitted between the three prinqipal De- partments — the legislative, the executive, and the judicial— and to the fidelity with which each 176 POLITICAL MANUAL. has confined itself or been confined by the gen- eral voice of the nation within its peculiar and proper sphere. While a just, proper, and watch- ful jealousy of executive power constantly pre- vails as it ought ever to prevail, yet it is equally true that an efficient Executive, capable, in the language of the oath prescribed to tne President, of executing the laws, and, within the sphere of executive action, of preserving, protecting, and defending the Constitution of the United States, is an indispensable security for tranquility at home, and peace, honor, and safety abroad. Governments have been erected in many coun- tries upon our model. If one or many of them have thus far failed in fully securing to their people the benefits which we have derived from our system, it may be confidently asserted that their misfortune has resulted from their unfortu- nate failure to maintain the integrity of each of the three great departments while preserving harmony among them all. Having at an early period accepted the Con- stitution in regard to the executive office in the sense in which it was interpreted with the con- currence of its founders, I have found no sufficient grounds in the arguments now opposed to that construction or in any assumed necessity of the times for changing those opinions. For these reasons I return the bill to the Senate, in which house it originated, for the further consideration of Congress which the Constitution prescribes. Insomuch as the several parts of the bill which I have not considered are matters chiefly of de- tail, and are based altogether upon the theory of the Constitution from which I am obliged to dissent, I have not thought it necessary to ex- amine them with a view to make them an occa- sion of distinct and special objections. Experience, I think, has shown that it is the easiest, as it is also the most attractive of studies to frame constitutions for the self-government of free States and nations. But I think experi- ence has equally shown that it is the most diffi- cult of all political labors to preserve and main- tain such free constitutions of self-government when once happily established. I know no ether way in which they can be preserved and maintained, except by a constant adherence to them through the various vicissitudes of national existence, with such adaptations as may become necessary .always to be effected, however, through the agencies and in the forms prescribed in the original constitutions themselves. Whenever administration fails, or seems to fail, in securing any of the great ends for which republican government is established, the proper course seems to be to renew the original spirit and forms of the Constitution itself. Andrew JoHusoir. Washington, Mareh 2, 1867. Copy of the Bill Vetoed. Ah Act regulating the tenure of certain civil Se it enacted by the Senate and Moutt ofB^- reientaiivea of the United States of America ^n Congress assembled. That every person holding any civil office to which he has been appointed by and with the advice and consent of the Sen- »tB and every person who shall hereafter be ap- pointed to any such office, and shall become duly qualified to act therein, is, and shall be, entitled to hold such office until a successor shall have been in like manner appointed and duly quali- fied, except as herein otherwise provided : iVb- vided, That the Secretaries of State, of the Treasury, of War, of the Navy, and of the In- terior, the Postmaster General, and the Attorney General shall hold their offices respectively for and during the term of the President by whom they may have been appointed, and for one month thereafter, subject to removal by and with the advice and consent of the Senate. Seo. 2. That when any officer appointed as aforesaid, excepting judges of the United States courts, shall, during the recess of the Senate, be shown, by evidence satisfactory to the President, to be guilty of misconduct in office, or crime,. Or for any reason shall become incapable or legally disqualified to perform its duties, in such case, and in no other, the President may suspend such officer, and designate some suitable person to perform temporarily the duties of such office until the next meeting of the Senate, and until the case shall be acted upon by the Senate; and such person, so designated, shall take the oaths and give the bonds required by law to be taken and given by the person duly appointed to fill such office ; and in such case it shall be the dut^ of the President, within twenty days after the first day of such next meeting of the Senate, to report to the Senate such suspension, with the evidence and reasons for his action in the case and the name of the person so designated to per- . form the duties of such office. And if the Senate shall concur in such suspension, and advise and consent to the removal of such officer, they shall so certify to the President, who may thereupon remove such officer, and, by and with the advice and consent of the Senate, appoint another per- son to such office. But if the Senate shall refuse to concur in such suspension, such officer so sus- E ended shall forthwith resume the fu actions of is office, and the powers of^the person so per- forming its duties in his stead shall nease, and the official salary and emoluments of sioh officer shall, during such suspension, belong to the per- son so performing the duties thereof, and not to the officer so suspended : Provided, hou'ever. That the President, in case he shall become satisfied that such suspension was made on insufficient, grounds, shall be authorized, at any time before reporting such suspension to the Senate as above provided^ to revoke such suspension and rein- state such officer in the performance of the duties of his office. Seo. 3. That the President shall have power to fill all vacancies which may happen during, the recess of the Senate, by reason of death .or resignation, by granting commissions which shall expire at the end of their next session there- after. And if no appointment, by and with the advice and consent of the Senate, shall be made to such office so vacant or temporarily filled as aforesaid during such next session of the Senate, such office shall remain in abeyance without any^ salarjf, fees, or emoluments attached thereto,.- until the same shall be filled by appointment thereto, by and with the advice and consent of the Senate ; and during such time all the powders, PRESIDENT JOHNSON S MESSAGES. 177 iind duties belonging to f aah office shall be exer- ^.ci'ied by sunh otner officer as may by law exer- cise sucli powers' and duties in case of a vacancy in such office. Seo. 4. That nothingin this actconfcained shall be construed to extend the term of any office the duration of which is limited by law. Sec. 5. That if any person shall, contrary to the provisions of this act, accept any appoinment to or employment in any office, or shall hold or exercise, or attempt to hold or exercise, any euch office or employment, he shall be deemed, and is befeby declared to be, guilty of a high misde- meanor, and, upon trial and conviction thereof,' he shall be punished therefor by a fine not ex- ceeding ten thoitsand dollars, or by imprison- ment not exceeding five years, or both said pun- ishments, in the discretion of the court. ■ Sec. 6. That every removal, appointment, or employment made, had, or exercised, contrary to the provisions of this act, and the making, signing, sealing, countersigning, or issuing of any commission or letter of authority for or in re- spect to any such appointment or employment, shall be deemed, and are hereby declared to be, high misdemeanors, and, upon trial and convic- tion thereof, every person guilty thereof shall be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court : Provided, That the President shall have power to make out and deliver, after the a^'onrnment of the Senate, commissions for all ifficers whose appointment shall have been ad- vised and consented to by the Senate. Sec. 7. That it shall be the duty of the Secre- jaj of the Senate, at the close of each session tuoreof, to deliver to the Secretary of the Treas- ury, and t-o each of his assistants, and to each of the Auditors, and to each of the Comptrollers in the Treasury, and to the Treasurer, and to the Eegisier of the Treasury, a full and complete list, duly certified, of all persons who shall nave been nominated to and rejected by the Senate (^uftng such session, and a like list of all the o$ce3 to which nominations shall have been made and not confirmed and filled at such session. Sec. 8. That whenever the President shall-, without the advice and consent of the Senate, designate, authorize, or employ any person to pertorm the duties of any office, he shall forth- with notify the Secretary of the Treasury thereof, and it shall be the duty of the Secretary of the Treasury thereupon to communicate such notice tbairthe proper accounting and disbursing offi- cers of his Department. ' Sec. 9. That ho money sh&ll be paid or re- ceived from the Treasury, or paid or received from or retained out of any public moneys or funds of the United States, whether in the Treas- QJry, or not, to or by or for the benefit of any per- son appointed to or authorized to act in or hold- ing or exercising the duties or functions of any office contrary to the provisions of this act ; nor shall any claim, account, vouchfer, order, certifi- caitei,, warrant, or other instrument providing for of, relating to such payment, receipt, or reten- tion, be presented, passed, allowed, approved, certiged, or paid by any officer of the. United Siitts, or by any person exercising the functions 13 or performing the duties of any office or place • of trust under the United States, for or in respect to such offic6,or the exercising or performing the functions or duties thereof; and every per- son who shall violate any Of the provisions of this section shall be deemed guilty of a high misdemeanor, and, upon trial and conviction thereof, shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprison- ment not exceeding ten years, or both said pun- ishments, in the discretion of the court. The votes on this bill were : February 18 — The Senate passed it, as agreed upon by a committee of conference— yeas 22, nays 10, as follow : Ybas — Messrs. Anthony, Brown, Clmndler, Conness, Fopg, Fowler, Henderson, Howard, Howe, Lane, Morgan, Morrill, Ramsev, Ross, Sherman, Stewart, Sumner, Trumbull, Wade, Williams, Wilson, Yates— 22. Nays — Messrs. Buckalew, Davis, Dixon, DonUttU, Hen- dricks, Johnson, McDougdll, Patterson, Vfin Winkle, Willey —10. February 19 — The House passed it — yeas 112, nays 41, as follow ; Yeas — Messrs. Alley, Allison, Ames, Anderson, Amell, Belos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Benjamin, Bidwell, Blaine, Blow,Boutwell, Brandegee, Bromweil, Broomall, Buckland, Reader W., Clarke, Sidney Clarke, Cobb, Cook, Cullom, Darling, Deming, Bodge, Donnelly, Driggs, Dumont, Eggleston, Eiiot, Farnfe- worth, Farquhar, Ferry, Grinnell, Aimer C. Harding, Hart, Hayes, Henderson, Higby, Hill, Ilolmes, Hooper, Hotchk^js, Demas Hubbard, jr., John H. Hubbard, Hulburd, Ingereoll, Julian, Kagson, Kelley, Kelso, Ketcham, Koontz, Kuyken- dall, Latlin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marvin, Maynard, Mclndoe, McKee, Mc- Ruer, Mercur, Miller, Myers, Newell, Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, William H Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Saw- yer, gchenck, Soofield, ."-hellabarger, Sloan, Spalding, Starr, Stevens, Stokes, Thayer, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Hamilton Ward, Warner, William B. Washburn, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge — 112. Nats — Messrs. Annona, Bergen, Boyer, Campbell, Chanter, Cooper, Davison, Denison, Eldridge, FineK, Glosshrenner, Aaron Harding, Harris, Hawkins, Hise, Humphrey, Hunter, Kerr, Jjatham, Le Blond, Leflwich, McOullough, Niblack, NickoUon, Radford, Samuel J. RarMall, Ritter, Rogers, Roet, Rousseau, ShanJcUn, Sitgreaves, Stillwell, Taber, Na- thaniel 6. Taylor, Nelson Taylor, Thornton, Trimbk, Andreu^ H. Wlird, Whaley, Wright— il. March 2 — The bill was vetoed. Same day — The Sehate re-passed it — ^yeas 35,' nays 11, as follow : Yeas — Messrs. Anthony, Cattell, Chandler, Conneas, Cra- gin, Edmunds, Fessenden, Fogg, Foster, Fowleo-, Freling- huysen, Grimes, Harris, Hrnderson, Howard, Kirkwood, Lane, Morgiin, Morrill, Nye, Poland, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sumner, Trumbull, Van. Winkle, Wade, Willey, Williams, Wilson, Yates— 35. Nats — Messrs. BuckaUw, Cowan, Davis. Dixon^ DooliUle, Hendriaks, Johnson',' Nesmith, Norton, Patttrson, Saulsbury: Same day — The House re-passed it — yeas 138, nays 40, as follow : Yeas — Messrs. Alley, Allison, Ames, Anderson, ArnelU Delos R. Ashley, James M. Ashley, Baker, Baldwin,, Banfcs^ Barker, Baxter, Feaman, Benjamin, Bidwell, Bingham, Blaine, Blow, Boutwell, Brandegee, Bromweil, Broomall, Buckland, Bundy, Reader W, Clarke, Sidney Clarke, Cobb* Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dijcon, Dodge, Donnelly, Driggs, Dumont, Eckley, Eggieston, Eliot, Farnsworth, Farquhar, Kerry, Gfar-. field, Grinnell, Griswold, Hale, A'bner C. Harding, n;irt, Hawkins, Hayes, Henderson, Higby, Hill, Holmes, U^oper,. HotchkisB, Asahel W. Hubbard, Chester D. Hnbbard, Johni H. Hubbard, ,%mea R. Unbbe]l,.Hulburd, Ing;ersoll, Jenckes, ■ Julian, Easson, Kelley, Kelso, Ketchnm, Koontz,. Laljio,. George V. Lawrence,, William Lawrence, Loan, Longyear,, Lynch, Marquette, Marston, Marvin, Maynard, McClurg,, Mclndoe, McKee, McRner, Mercur, 'Miller, Moorhoad, Mor-.v rill, Harris, Moulton, Myers, Nevell» O'NelH,, Qrtb,,Pftin.e, 17a POLITIOAt MANUAL. Patterson, PerhRnij Pike, Plants, Pttmoroy, PHcb,, William H. Randall, Eajmond, Alexander H. Rice, John H. Kice, Rollins, Sawyer, Pchenck, Scofleld, ShellabarKer, Sloan, Spalding, Starr,gtOk6s,Ttaiyer,rranciB Thomas, Tl-owbridge, Upson, Van Aernam, Bnrt Van Horn, Robeit T. Van Ilorn, HSunil ton Ward, Warner, Henry D. Waahhnrn, William B. Waalilnirp, Welker, Wentworth, Wbaley, Williams, James F; Wilson, Stephen K. Wilson, Windom-, Woodbridge, and SpEiKER COLPAX— 138: NATS-^Messcs. Jm^ona, Bergen^ Boner, C&mp&eM, Cftanfcr, Cooper. Dawsort, Eldridge, FiTuik, Glosshrenner, GoodymTy Aaron Harding, Bise, Hrgan, Edvrin N. Euhbell, Eumphrey, Hanier, Jones, Latham, Le BVmd, Leftwich, Marshall, McOU^- lough, Ntblacic, Nicholson, Radford, Samud J. Randall, Bit- ter, Rogers, Ross, SJianklin, Sitgreaves, Strouse, Tdher, Nelson Taylor, TJunTtton, Trimble, Andrew H. Ward, Winf/dd, Wright—^. Whereupon the Speakeb of the House declared the bill to be a law. Brassage Aecompanying the Approval of the Army AppTopriation Bill, March 2, 1867. Tb'the Souse of Representatives: The act entitled "An act making appropria- tions for the support of the Army for .the year ending June 30, 1868, and for other purposes," cofltains provisions to which I -must call_ atten- ti'on- These provisions are -contained ini the second section, which in certain cases virtflally deprives the President of his constitutional functions as Commander-in-Chief of the Army, and in the siith section, which denies to ten States of the Union their constitutional right to protect them- selves, in any emergency, by means of their own militia. These provisions are out of place in an appropriation act. I am , compelled to defeat these necessary appropriations if I withhold my signature from the act: Pressed by these con- siderations, I feel constrained to return the bill with my signature, but to accompany it with' my protest against the sections which I have indicated. Andeew Johhsoji. WASHisaTOH, March 2,: 1S67. The sections complained of are these . Sbo. 2. That the headquarters- of the General of-the Army of the United States shall be at the city of Washington ; and all orders and instruc- tions relating to military operations, issued by the President or Secretary of War, shall be issued through the General of the Vrmy, and, in case of his inability, through the lextinrank.. The General of the. Army shall not be removed, sus- pended, or relieved from command, or assigned to duty elsewhere than at said headquarters, except at his own request, without the previous approval of the Senate; and any orders, or in- structions relating to military operations issued contrary to the requirements of this section shall be null and void ; and any officer who shall issue orders or instructions contrary to the pro- visions of this section shall be deemed guilty of a misdemeanor in office; and any officer of the Army who shall transmit, convey, or obey any orders or instructions so issued, contrary to the provisions of this section, knowing that such orders were so issuedl shall be liable to impris- onment for not less than two nor more than twenty years, upon conviction thereof in any court of competent jurisdidtion. Seo. 6. That all niilitia forces now organized or in service in either of the States of Virginia, North Carolina, South Carolina, Qeorgia.FIorida.Ala- bama, Louisiana, Mississippi, and Texas, be fortli-; with disbanded, and thatthefurtherorganization; arming, or calling into service of the said militia forces, or any part thereof, is hereby prohibited under any circumstances whatever, nntil the saaie shall be authorized by Congress. In HbusE; Pending this bill, Febl-uary 20— Mr. Biitoham moved to strike out from the second section the words in the second sentence, prohibiting the removal, suspen- sion, &c., of the General without the previous approval of the Senate ; which was disagreed to '■ — yeas 62, nays 69, as follow: Yeas — Messrs. A noma, Bergen, Bingham, Buckland, Qxmp- beU, Cooper, Darling, Davis, Dawes, Dawson, Denison, Eldr ridge, Farquhar, Finch, Glosshrenner, Goodyear, Aaron Harding, Hawkins, Hwe, Hogan, JEldwin N. Hubbell, James R. Hnbboli, Humphrey, Hunter, Ketcham, Euykendall, Laflin-, 'George V. Lawrence, Le Blond; Zeftwich, Loan, MarshnJlyMaTyin, JUcCuUimgh, McRner, Moorhead, Niblack^ Nicholson,. Noetl, Phelps, Piko, Pomeroy, Radford, SamuelJ, Randall, Raymond, Ritter. Rogers, Ross, Ronssean, Schedck, Slianlelifi, Mtgreaves,' Tdber, Ni'ttL^niel 0. ' Taylor, Thayer, ' Thamlan, Trimble, Andrnii H. Ward, Willinm B. Wash* burn, Whaley, Winfidd, Wrigh)^-%1.- Nats — Messrs. Alley, Allison, Ames, Arnell, James M. Ash> ley,- Baker, Baldwiff, Barker, Beaman, Benjamin, Bidwflll, Blaine, Blow, Boutwell. Branrlegee, Bromwell, Broomall, Bundy,.Reader W.Clarke. Sidney Clarke, Cullom, Dodge, Don- nelly, Eggleston, Eliot, Abner 0. Harding, Hart, Henderson, Higt^, Hill, TZolmes,' Hooper, Hotchkiss, Demas Hubbstrd-,-. jr., John .H. Hubbapd-,; Hnlbnrd, Ingersoll, Julian, Eell^]^* Eoontz, William Lawrence, Longyear, Maynard, McClnrg, - Mercur, Miller, MoUlton, Myers, O'Neill, Orth, Paine, Pe*- ham. Price, Rollins, Scofleld, Shellabarger. Spalding, Stari; Stevens, Stokes,; Upson, Hamilton Ward, Warner, Henry D. Washburn, Welker, Wentworth, Williams, Stephen P. Wil- son, Windom — 69. Same day — Mr. LeBlohd moved to strike out the second section ; which was disagreed to— yea's 41, nays 88, as follow : Yeas— Messrs. Ancvna, Bergen^ Bingham, Campbell, Omp-. er, Davis, Damson, Denison, Eldridga, Finch, GtossbrmAef, Goodyear, Aaron Harding, Hise, Hogam, Humphrey, Met-'' fer, Kn.vkondaU, LdBlond, Z^/twieh, Loan. Marshall, MBV»ili| ■ Niblack, Nicluilson, NoeU, Phelps, Radford, SamuelJ. Ban daU, Raymond, RilUY, Rousseau, SUqreaoes, Nathaniel Q. Taylor, Nelson Tcli/lm;.TIiomton;lIHvmle, Andrew H. W(^3t'- Whaley, Winfield, Wi-ighi;—iA. NATS-^Messrs. Alley, Allison, Ames, Arnell, Delos R. Ashley, James M. Ashley, Bakdr, Barker, Baxter, Beaman, Benjamin; Bidwoll, Blaine,Boutwcll,Bi-andegeB, Bromwell, Broomall, Bundy, Reader W. Clarke, Sidney Clarke, Coo8, William A. Darling, Dodge, Donnelly, Eggleston, Eliot, Farn*- worth, Farquhar, Abner C. Ha^ding, Hart, ffenderson, Efgi- by. Hill, Holmes, Hooper, 'Hrttchkiss, Demas Hubbard, jr., John H. Hubbard, James B. Hubbell, Ingersoll, Juliaii,i. Kelley, Eelso, Koontz, Laflin, George V. Lawrence, Wil- liam Lawrence, Longyear, Lynch, Mtirston, Mayoard, Mo- Olorg, Mclndoe, MbKner, Mercur, Miller, Moorhead, Moul- ton, Myers, Newell, O'.Neill, Orth,.Painoi'Patterson,Porh«nnj' Pike, Plants, Pomeroy, Price, John H. Rice, Rollins, Soo- field, Shellabarger, Sloan, Spalding, Sttirr, Stevens, Stokes,' John L. Thomasi'jr., Trowbridge, Upson, Burt Van Hocni Hahiilton Ward, Warner, Wolker, Wetrtworth, Williamsj.' Windom— 88. ' ^ Febrnaiy 26.^In Senate, a motion to -strike out the secondi section waslost^yeas 8, nays 28, as follow : Yeas— Messrs. Buckalew, Dixon, iDoolittle, Henderson,! Hendricks, Johnson, Norton, JPntterson—S, Nats— Messrs. Anthony, Cliairdlei', Comiess, Cragini Cro» well, Edmundsj Fesstndsn, Fogg! Poster, Frelinghnysea;' Kirkwood, Morgan, Nye, Poland, Pomeroy,,Bam8ey, Rossf Sherman, Sprague, Stewart, Sumner, Trumbull, Van Win- kle Wade, Wllley, Williams, Wilson, Yates— 28. Veto of the Supplemental Beoonstruotion Bill, Maroh 83, 1867. To the Souse of Seprisenlatives ; I have considered the bill entitled "An'^t' supplementary to- an abt entitled 'An act to pro- PRESIDENT JOHNSON'S MESSAGES. 179 vide for tie more efficient government of the rebel States,' passed March 2, 18fi7, and to facil- itate restoration," and noW retuni it to the House •)f Eepresentati'v'es, with my objpctiohs,* This bill provides for elections in the ten States brought under the operation of the original act to which it is supplementary. Its' details are principally directed to the elections for the for- Mation of the State constitutions, but by the eiSth iectiott of the bill " all elections " in these States occurring while the original act remains in force are brought within its purview. Ee ferring to, the details, it will be found that, first of all, there is to be a registration of the .voters. No one whose name has not been admitted on the list is to be allowed to vote at any of these elections. To ascertain who is entitled to regis- tration, reference is ma;de necessary, by the ex- press language of the suppleinent, to the origi- nal act and to the pending bill. The fifth sec- tion of thd original act provides, as to voters, that they shall be "male citizens of the State, twenty-one years old and upward, of whatever race, color, or previous condition, who have b^en resident of said State for one year." This is the general c|ua,lifica;tibn, followed, however, by many ex'&ejstioiis. No' one can be registered, according to the original act, "who may be dis- franchised for participation in the rebellion," a provision whicn, left undetermined the question as to- what amounted to disfranchisement, and Whether, without a judicial sentence, the act itself produced tjiat effect. ■ This supplemental, bill superadds an oath, to be taken ny every person Defore his name can be admitted upon the registratioij, that he has " not been disfran- cfhised for participation in any rebellion or civil war against the United States." It thus imposes upon every Bgrson tiie necessity and , responsi-i bUity of deciding for hjmself, under the peril of pijnishment by a military compqission, if he makes a mistake, what works disfranchisement byparticipation in rebellion, and what amounts to.su.ch partioipaition. , Almost every man — the n^gro as well as the white^above twenty-one years of age, who was resident in these ten S^tes, duifing the rebellion, voluntarily or in- voluntarily, at some time and in some way, did participate in Resistance- tothe lawful authority of the'.General Government. The question with the citizen to,w.hom this oath is to be proposed must be, a fearful one; for while the bill does not deolare^h'^t perjury may. be assigned for such false swearing, nor fix any penalty for the offense, ,we must not forget that martial law prevails; that every person is ans*erable to a military commission, wittout previous present- ment by a grand jury. for any charge that, may be made against him ; a;pd that the supreme au- thority pjf the militajrV commander determines the qnestioil*'a? ^° .what is an offence,' and what is to oe the measure of punishment. The fourth sedtion of the bill provides " that th'e commanding general 'of each .district shall ap- point as many Boards of registration as may be necessary,' cotsisting of three' loyal officers or. persons." Tht only qualjicatipn. stated for these officers is' that they -inuEil be " loyal. " They may IBe? persons in the military service "or civilian^ * For cop^ »f the bill retoed, we chap. xTiii. residents of the State or strangers. Yet these persons are to exercise most important duties, and are vested with unlimited discretion. They are to decide what names shall he placed upon the register, and from their decision there is to be no appeal'. They are to superintend the elections, and to decide all questions which may arise. They are to have the custody of the ballots, and to make returns of the persons elected. What- ever frauds or errors they may commit must pass without redress. All that is left for the com- manding general is to receive the returns of the elections, open the same, and ascertain who are chosen " according to the returns of the officers, who conducted said elections." By such means, and with this .sort of agency, are the conven- tions of delegates to be constituted. As the delegates are to speak for the people,, common justice would seem to require that they should have authority from the, people them- selves. No convention so «cpnstituted will in, any sense represent the wishes of the inliabitants of these States; for, under the all,- embracing j exceptions of these laws, by a construction whicft. the nncertiainty of the clause as to disfranchisp-_^ ment leaves open to the board of .pfficers, tlje^ great body of the people may be excluded fr.pm,,. the polls, and from all opportunity of expressing^ their own wishes, or voting for delegates who will faithfully reflect their sentiments. I do not deem it neceasar.y further to investi- , gate the details of this. bill. No consideration- could induce me to give my approval to such an. election law for any purpose, .and especially for. the great purpose of framing the constitution of a State. If ever the American citizen should be. left to the free exercise of his own judgment, it is when he is engaged in the work of forming the fundamental law under which, he is to live. , That work is his work,, and it cannot properly .be taken out of his hands. AH this legislation proceeds upon the contrary assumption that the people of each of these States, shall have no oon^, stitution, except, such as may be arbitrarily dic- tated by Congress and formed , under the re- straint of military rule. A plain statement of facts makes this evident. . - In all these States there are- existing consti- , tutipns, formed in the accustomed way by the people. -Congress, however, declares that, these constitutions are not " loyal and republican," aijd requires the people to form them anew. What then,, in the opinion of Congress, is neces- sary to make the constitution of,a,State "loyal and republican ? " The original act answers the question. It is universal negro suffrage — a ques-, tion which the Federal Constitution leaves to the States, themselves. All this legislative ma- chinery of martial law, military, coercion, and political disfranchisement is avowedly for that purpose, and none qther. The existing consti,-. tutions of the ten States ponform to the acknowl- edged standards, of loyalty and republicanism. Indeed, if there, are degrees, in lepunlioan forms of .governn^e.nt, their constitutions are more re- publican now than when tl)es.e States — four of which wer,e'riiembers. of, the original thirteen — first becam? members of the Unio,n. Congress does not now demand that a single provision of their constitutions be changed, ex- 180 POLITICAL MANUAL. cept such as coiiHae suffrage to the white popu- lation. It is apparent, therefore, that these provisions do not conform to the standard of republicanism which Congress seeks to establish. That there ma,y be no mistake, it is only neces- sary that reference should be made to the original a-ct, which declares " such constitution shall pro- vide tbat the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates." What class of peisons is here meant clearly appears in the same section. That is to say, " the male citizens of said State, twenty-one years old and upward, of whatever race, color, or previous con- dition, who have been resident in said State for one year previous to the day of such election." • Without these provisions no constitution which can be framed in any one of the ten States will be of any avail witn Congress. This, then, is the test of what the constitution of a State of this Union must contain to make it republican. Measured by such a standard, how few of the States now composing the Union have republican constitutions ! If, in the exercise of the consti- tutional guaranty that Congress shall secure to every State a republican form of government, nniversal suffrage for blacks as well as whites is a sine qua non, the work of reconstruction may as well begin in Ohio as in Virginia, in Pennsyl- vania as in North Carolina. When I contemplate the millions of our fellow- citizens of the South, with no alternative left but to imposeupon themselves thisfearful and untried experiment of complete negro enfranchisement, and white disfranchisement it may be almost as complete, or submit indefinitely to the rigor of martial law, without a single attribute of free- men, deprived of all the sacred guaranties of our Federal Constitution, and threatened with even worse wrongs, if any worse are possible, it seems to me their condition is the most deplorable to which any people can be reduced. It is trua that they have been engaged in rebellion, and that, their object being a separation of the States and a dissolution of the Union, there was an obligation resting upon every loyal citizen to treat them as enemies, and to wage war against their cause. Inflexibly opposed to any movement itaperil- ing the integrity of the Government, I did not hesitate to urge the adoption of all measures necessary for the suppression of the insurrection. After a long and terrible struggle, the efforts of the Government were triumphantly successful, and the people of the South, submitting to the stern arbitrament, yielded forever the issues of the contest. Hostilities terminated soon after it became my duty to assume the responsibilities * of the Chief Executive officer of the Republic, and I at once endeavored to repress and control the passions which our civil strife had engen- dered, and no longer regarding these erring mil- lions as enemies, again acknowledged them as our friends and our countrymen The war had accomplished its objects. The nation was saved, and that seminal principle of mischief which, from the birth of the Government, had gradually but inevitably brought on the rebellion, was totally eradicated. Then, it seemed to trie, was the ausoicious time to commence the' work of reconciliation ; then, when the people soijgbl once more our friendship and protection, I con- sidered it our duty generously to meet them in the spirit of charity and forgiveness, and to con- quer them even more effectually by the magnan- imity cf the nation than by the force of its arms. I yet believe that if the policy of reconciliation tiien inaugurated, and which contemplated an early restoration of these people to all their po- litical rights, had. received the support of Con- gress, every one of these ten States, and all their people, would at this moment be fast anchored in the Union, and the great work wbich gave the war all its sanction, and made it just and holy, would have been accomplished. Then, over all the vast and fruitful regions of the South peace and its .blessing would have prevailed, while now millions are deprived of rights guar- antied by the Constitution to every citizen, and, after nearly two years of legislation, find them- selves placed under an absolute military des- potism. "A military republic — a Government formed on mock elections and supported daily, by- the sword," was nearly a quarter of a century since pronounced by Daniel Webster, when speaking of the South American States, as a "movement indeed, but a retrograde and disas- trous movement from the regular and old- fashioned monarchical systems,' and he added: " If men would enjoy the bleasinga of republican govern- ment, they must Rovern themselves by reason, by mutual counsel and conenltatioD, by a sense and feeling of general interest, and by the acquiescence of the minoL-ity in th6 will of the majority, properly expressed ; and, above all, the mili- tary must be kept, according to the language of our bill of rights, in strict subordination to the civil authority, Where- ever this lesson is not both learned and practised, there can bo nn political freedom. Absurd, preposterous is it, a scoff and a satire on free forms of constitutional liborty, for forma of government to be prescribed by military leaders, and Iho right of sufTrage to be exercised at the point of the sword." I confidently believe that a time will come when these States will again occupy their true positions in the Union. The barriers which now seem so obstinate must yield to the force of an enlightened and just public opinion, and sooner or later unconstitutional and oppressive legisla- tion will be effaced from our statute-books. When this shall have been consummated, Ipray God that the errors of the past may be forgotten, and that once more we shall be a happy, united and prosperous people, and that at last, after the bitter and eventful experience through which the nation has passed, we shall all come to know that our only safety is in the preservation of our Federal Constitution, and in according to every American citizen and to every State the rights which that Constitution secures. Akdbew Tohssoh. Washikoton, March, 23, 1867. The votes on this bill were : In House. March 19— The test vote was on Mr. El- dbidge's motion to table the report ; which waa disagreed to— yeas 26, nays 101, as follow : YEts— Messrs. Archer, Barnes, Bayer, Brooks, Burr, El- dHdge.Ibx, 6etz, Glosshrmmr, Baight, Bblman, Hvmphreg, Kerr, MarshaU, UorrUsey, JUungen, NibUch, NiclwUon, Nodi, Fmyn, Mandcdl, Robinson, Boss, IMer, Van Auken, Wood — 26. Nays— Messrs. Allison, Amos, Anderson, Delos B. Ashley, James M. Ashley, Baker, Baldwin, Banks, Beaman, Bing- ham, Blaine, Blair, Boutwell, Broomal), Bnckland, Butler, PRESIDENT JOHNSON S CABINET, ETC. 181 I te, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, t burn. Cook, Cornell. Covode, Cnllom, Dodge, Donnelly, D. legs, Eckley, Kggleston. Ela, Farnaworth, Il'erriBa, Terry, Tljlfls, Gravely, Halsey, Hamilton, Hooper, Hopkins, Aea- Uel W. Hubbard, Chester D. Hubbaid, liuuter, Ingersoll, Juald, Julian, Kelley, Ketoliam, Kitchen, Koontz, Laflln, Wlrtiam Lawrence, Lincoln, Loan, Logan, Loughrldge, MaHory, Marvin, McClnrg. Mercur, Miller, Moore, Mor- rell, Myein, Newcomb, O'Neill, Orth. Paine, Perham, Pile, i-PoleJey, Robertson, Sajvyer, Soheni'k, Scofleld, f hanks, . Shellabarger, Spalding, Aaron F. Stevena, Stewart, Taffe, Thowas, Trowbridge, Twichell, Upson, Van Aernam, Burt ' Van Horn, Itobert T. Van Horn, Van VVyck, Ward, Cad- woladir ('. WiisUburn. Henry D.Washburn, Welker, Ihomaa Williaffis, William Williama, James P. Wilson, JoUuT. Wil- son, Slephen P. Wilson, Windnm, Woodbridge — 101. In Senate. Maioh 19 — It passed without divisioii. •"Mauh 23— The bill was vetoed. Sami day — The House re-passed it — yeas 114, nays 26, as follow : Yeas — jlessrs. AUitjOn, Ames, Anderson, DelosB. Ashley, James M Ashley, Baker, Baldwin, Banka, Benmaii, Benja- min, Benton, Blaiue, Blair, Boutwell, Brooniall, Buckland, Butler, Ca\ H. Wifrd. i86,7, January 7— Ihe Senate, passed it — ^yeas 23, ,nays 7, as fallow : Teas— Mf s-rs. .Cattell, -Chaiidler, Connoas, Oragin, Cres- .WBII, JJdniijn'le, Pesaonden, .I!os,ter, PowJer, Henderson, H»i\viircl,Kowo,'Kirkwuod, 1/ane, Morgan, Morrill, Poland, Biiuisey, Boss, Sliermiiu, Stewart, Sumner, Trumbrill, Wade, ,flFij>?j!, Williiimis, Wilson— 2-7. ' rlj iif»— Measvs. Dixfm. DaoLittU, Bendrieks,Johm«, Patterson, Saulsbury—7'. .■Note. — This bill became a law by reason of tlie failure of the President to sign, or return it with his objections, within ' ten days after pre- sentation to him. Bepresentatiou of Bebel States. In House. 1866, December 11 — A bill passed, of which this is the chief section : ** That before the first'meeting of the next Congress, and of every aubsequent Congress, the Clerk of the next preeed- ing House of Bepresentatives shall make a roll of tlie rep- resentatives elect, and place thereon the n^mes of all per- sons claiming seats as representatives elect from States which were 'represented in the next preceding Congress, and of Such. persons only, and whose credentials show that ■they -were regularly elected'ln accordance with the laws of their'States respectively, or the laws of the United States." The ivote.was — yeas 124, Tiays 51, as follow: Yeas— Messrs. Alley, Allison, Andel-son, Arnell, Delos E- Ashley, James M. Ashley, Baker, Baldwin, Barker, Baxter, Beaman, Benjamin, 'Bidwell, Bingham, Blaine, Blow, Bout- well, Brandegee, Bromwell, Broomall, Buckland, Bnudy, Beader W, Clarke, Sidney Clarke, Cobb, Conkling, Cook, 'CuUom, Darling, Dawes, BeYrees, Delano, Deming, Dixon, ■Donnelly, Eckley, Eggleston, Eliot, Farnsworth, Fiirquhar, 'Ferry, Garfield, Orinn^U, Hale, Abner 0. Harding, Hart, Hayes, Henderson, HIgby, Hill, Holmes, Hooper, ChesterD. Hubbard, John H. Hubbard, Jamca B,. Hubbell, Hullrafd, Ingersoll, Jenckes, JiAian, Easson, Kelley, Kelso, Ketcham, Koontz, Kuydendall, Lailin, Xatham, Gnorgo V. Lawrence. William Lawrence, Longyear, Lynch. Mavston, Slarviu, May- nard, McClnrg, Mclndoe, MoKee, McRner,!lV!ercur, Miller, Moorhead, MOrrill, Morris, Moulton, O'Neill. Orth, Paino, (Patterson, Pcrham, Pike, Plants. Pomeroy, Price, William H. Randall, llay^cnd, Alexander H. Kice, John H. llioe, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Stokes, Thayer, Francis ThoraaSf 18-1 POLITICAL MANUAL. John L. Thomas, ji.,Triiwliridso, Upson, Van Aornam, Burt Tan Horn, Hamilton Ward. EUihu B. Washburne, William B. Washburn. Welkei, Wentworth, Williams JumesP. Wil- son, Stephen P. Wilson, Windom, Woodbriage— 104. Nats— Messrs. Ancona, Bei-gm, Bayer, Oanpbdl, Cooper, Davison, Eldridge, Finck, Glossbrenner, Goodyear, Aaron Harding, Ilise, Edwin N, Hubbett, Hunter, Le Bland, Mar- shall, NMaclc, Nicholson, Samva J. EandaU, Mitter, Rogers, Boss, Koussean, ShanUin, SUgreaves, Stillwell, Taber, Na- thaniel O. Taylor, Nelson Taylor, Trimble, Andrew H. Ward In Senate. 1867, February 1 — Tlie bill passed — yeas 31, nays 6; as follow : Yeas — Messrs. CntttU, Chandler, Conness, Cragin, Ed- munds, Fcssendeo, Jopg, Foster, Fowler, Grimes, Harris, Henderson, Howe, Johnson, KirkWoud, Lane, Morgan, Mor rill, J\orton, Poland, liiimsey, Ross. Sherman, Sprague, Stew- art, Sumner, Trumbull, Van Winkle, Williams, Wilson, ¥ates-3t. Nats — Messrs. Buckdleuj, Davis, Hemiric\s, Nesmith, Pat- terson, Saulsbury — 6. Note. — This bill became a law by reason of the failure of the President to sign or return it with his objection, within ten days after pre- sento-tion to him. Elective Franchise in the Territori«s. In Senate. 1867, January 10 — Pending the bill to amend the organic acts of the Territories, This substitute was adopted : That from and after the passage of this act there shall be no denial of the elective franchise in any of the Territories of the United States, now or hereafter to be organized, to any citizen thereof, on account of race, color, or previous condition of servitude, and all acts or parts of acts, either of Congress or the legislative assemblies of said Territories, i.iconsistcnt with the provisions of this act, are hereby de- clared null and void. The vote was — yeas 24, nays 8, as follow : Yeas — Messrs. Anthony, Conness, Cragin, Creswell, Ed- munds, Fessenden, Fogg, Foster, Fowler, Grimes, Hender- son, Howard, Howe, Kirkwood, Lane, Morgan, Morrill, Po- land, Sherman, Stewart, Sumner, Wade, Willey, Williams —24. Nats — Messrs. Buckalew, Hendricks, Johnson, Norton, Pat- terson, Riddle, Saulsbury, Van Winkle — 8. Same day — The House concurred — ^yeas 104, nays 38, as follow : Yeas — Messrs. Alley, Allison, Ames, Arnell, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwel], Bingham, Blaine, Boutwell. Bromwell, Eroomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullom, Culver, Davis, Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Triggs, Eckley, Eggleston, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Abner 0. Harding, Hart, Hawkins, l^igby, Hill, Holmes, Hooper, Demasllubbardjjr., John H. Hubbard, James K. Hubbell, fngersoll, Jenckes, Julian, Kasson, Kelso, Ketcham, Koontz, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, Maynard, McClurg, McRuer, Mer- cur. Miller, Morrill, Moulton, Myers, O'Neill, Orth, Puine, Perham, Plants, Price, Raymond, John H. Kice, Rollins, Sawyer, Scbenck, Scoficld, Spalding, Stokes, Thayer, John L. Thomas, jr., Trowbridge, Upson, Van Aernani, Burt Van Horn, HiimiltoD Ward, Warner, EUihu R. Washburne, Henry D. Washburn, William B. Washburn, Welker, Wentworth, Williams, James P. Wilson, Stephen F. Wilson, Windom —104. Nats— Messrs. Ancona, Bergen, Boyer, Campbell, Chanler, Cooper, Dawson, Venison, Eldridge, Finck, Glosshrenn^-r, Aaron Harding, Rise, Hogan, Chester D. Hubbard, Edwin N. Hubbell, Humphrey, Johnson, Latham, Le ijtond, L^t- wichf Niblaclc, Nicholson, Noell, Samuel J. Randall, William H, Randall, Rilter, Rogers, Ross, Shanklin, Sitgreaves, Ta^ ier, Nathaniel G. Taylor, Thornton, Trimble, Andrew H. Ward, Whaley, WinfieldSS. Note. — This bill became a law by reason of the failure of the President to sign, or return it with his objections, within ten days after pre- sentation to him. Female Suffrage and Intelligencs Suffi ^e. Pending the District of Columbia Suffrlge bill in the Senate — 1866, December 12 — Mr. Cowan moved to strike from it the word " male," which was lost — yeas 9, nays 37, as follow : Yeas — Messrs. Anthony, Brown, Buekalew, Cotoan, Foe- ter, Nesmith, Patterson, Riddle. Wade— 9.. ■ Nats — Messrs. Cattell, (Jhandler, Conness, Creswell, 2>«- vis, Dixon, Doolitlle, Edmunds, Fessenden, Fogg, Frelinghuy- sen, Grimes, Harris, Henderson. Hendricks, Howard, Howe', Eirkwood, Lane, Morgan, Morrill, Norton, Poland, Ponie- roy, Ramsey, Hose, Saulsbury, Sherman, Sprague, Steward , Sumner, Trumbull, Van Winkle, Willey, Williams, Wilson, Yatep— 37. Mr. DixoN moved to add to first section this, proviso : " That no person who has not heretofore voted in this Dis- trict shall be permitted to vote, unless he shail be able at the tlmeof offering to vote, to read, and also to write his own name." Which, December 13, was lost — yeas 11, nays 34, as follow : Yeas — Messrs, Anthony, Budcalew, Dixon, DooliUU, Fogg, Foster, Hendricks, Nesmith, Patterson, Riddle, Willey — 11. Nats — Messrs Brown, Cattell, Chandler, Conness, Cow- an, Creswell, Dams, Edmunds, FesBenden, Frelinghuysen, Grimes, Harris. Henderson, Howard, Howe, Kirkwood, Lane, . Morgan, Morrill, Norton, i?oland, Pomeroy, Ramsey, Roes, Sa-vlsbury, Sherman, Sprague, Stewart, Sumner, Trumbull, Van Winkle, Wade, Williams, Wilson— 34. In House. January 28 — Mr. Noell introduced a bill to abolish all disqualification from voting in the District of Columbia, on account of sex, and moved it be referred to a select cotpmittee, which was lost — yeas 49, nays 74, as follow : Yeas — Mesei-s. Ancona, Baker, Barker, Baxter, Benjamin,^ Boyer, Broomall, Bundy, Campbell, Cooper, Defrees, l^nisan, Eldridge, Farnsworth, Ferry, Finck, Garfield, Hale, Hawkins, Hise, Chester D. Hubbard, Edwin N, Hubbell, Humphr^j , Julian, Kasson, Kelley, Kelso, LeBlond, Loan, McClurg, McKee, Miller, Newell, Niblack, Noell, Orth, Ritter, Rogers, Ross, Sitgreaves, Stan-, Stevens, Strause, Taber, Nat^niet.: G. Taylor, Trimble, Andrew H. Ward, Henry D. Wash- burn, Winfield — 49. Nats — Messrs. Allison, Anderson, James M. Ashley, Bald- win, Beaman, Bidwell, Bingham, Blaine, Boutwell, Brando- , gee, Buckland, Reader W. Olarte, Coukling, Cook, Cullom, Darling, Dawes, Doming, Donnelly, Dumont, Eckley, Eg- fleston, Eliot, Farquhar, Grinnell, Higby, Holmes, Hooper, ohn H. Hubbard, Inpersoll, Jenckes, Koontz, Lafiin, Lynch, ,- Marvin, Mclndoe, McRuer, Mercur, Mborhead, Morrill, Myers, CNeill, Paine, Patterson, Perham. Phelps, Pike, Plants, Price, Samuel J. Randall, Raymond. Rolhns, Saw.vei:, Schenok, Scofield, Shellabarger, Sloan, Spalding, Stokes, Francis Thomas, John L. Thomas, jr., Ti-owbridge, Upson, Van Aernam, Burt Van Horn, Hamilton W^ard, Warner, William B. Washburn, Welker, Wentworth, Williams, James F. Wilson, Windom, Woodbridge— 74. Test Oath of Attorneys. In House. 1867, January 22 — Mr. Boutwell reported this bill : . ■ Be it enacted, &c., That no person shall be per- mitted to act as an attorney or counsellor in any court of the United States who has been guilty of treason, bribery, murder, or other felony, or who has been engaged in any rebellion against the Government of the United States, or who has given aid, comfort, or encouragement to the enemies of the United States in armed hostility thereto. Seo. 2. That the first section of this act' is hereby declared to be a rule of every court of the United States. Sec. 3. That it shall be the duty of the judge or judges of any such court, when the sugges- VOTES ON POLITICAL BILLS AND RESOLUTIONS. 185 tion is made in open court tliat any person aoL- ito.as an attorney or counsellor of said court, or ' offering or proposing to so act, is barred hj tlie provisions of this act, or whenever said judge or judges shall believe that such person is so barred, to inquire and ascertain whether such person has been guilty of treason, bribeiy, mur- der, or other felony, or whether he has been en- gaged in any rebellion against the Government of the United States, or whether he has given aid, comfort, or encouragement to the enemies of the United States in armed hostility thereto; atid if the court shall be of opinion that such person has been guilty of treason, bribery, mur- der, or other felony, or that he has been engaged in any rebellion against the Government of the United States, or that he has given aid, comfort, or encouragement to the enemies of the CJnited States in armed hostility thereto, to exclude and debar such person from the office of attorney or counsellor of said court. And any person who shall testify falsely in any examination made by any court, as aforesaid, shall be guilty of perjury, and liable to the pains and penalties of perjury. ' Januarv 23 — The bill passed — yeas 119, nays 43, as follow : Yeas— Messrs. Anderson, Deloa K. Ashley, James M. Ashlo.v, Bailor, Biildwlo, Banks, Barker, Baxter, Beamaii, Benjamin, Eidwell, Bingham, Blaine, Bontwell, Brandegeo, BromweU, Broomall, Buckland, Bnndy, Reader W. Clarke, Cobb, Conkling, Cook, Cullom, Darling, Dawos, Drt'iees, Bo- lauo, Doming, Dixon, Donnelly, Driggs, Diimont, Eckloy, Egglcston, Eliot, Farnswoi-th, Farqnhar, ^'erry, Garfield, Grinnell. UriswQld, Abnor C. Harding, Hart, Hayes, Higb.v, Hill, Holmes, Hooper, Hotohkiss, Chojtor D. Hubbard, Dem- as ;Hubbard, jr., John H. Hubbard, IngersoU, Jonckes, Jullnn, Kaason, Kelloy, Eelso, Ketcham, Koontz, Knyken- dall, Lallin, Georgo V. Lawrence, William Lawrenco, Loan, lioigyear. Lynch, Marston, Marvin, Mayuard, IVlcClurg, Motodoe, MoKee, Mercur, Miller, Moorhead, Morrill. Morris, Mbulton. Myers, Newell, O'Neill, Orfh, Paine, I'atlerson, Perham, Pike, Plants, Price, William II. Ilandall. Raymond, Alsiander 11. Rice, John H. Eico, Rollins, t'awyer, Scofleld. Shellabarger, Sloan, Spalding, Starr, Stokca, Francis Thomas, JoM L. Thomas, 1r., Trofrbridge, Upson. V.in Aernam, Burt Tis' Horn, Hamilton Ward, Warner, Henry D. Washburn, Wilitam B. v. ashburn, Welker, Wentwortli, Williams, Jnmes j; Wilsou, Stephen F. Wilson, Windom, Woodbridge— 119. Hats— Messrs. Ancona, Errgen, Buyer, Cawpbdl, amnUr, Cotrper, Dawsfm, Denuon, Etdridge, Flnck, Glosibrcnncr^ Goodyear, Uale, Aaron Harding, Ilogan, Edwin N. Hi/liUll, Bumphrey, Hunter, Kerr, Latham, LeBUrul, Lr/twicli, ilur steB, McUuUmgh, McRuer, NCblack; Niclwlsnn, Phelps, Mad- ford, Simuel J. Sandall, MiUer, Rogers. Boss, Uluinliin, SitgrC'ves. Stillwoll, Taber, Nallmnid 6. Taylor, Nelson Taylor, Thornton, Trimble, Andrew H. Ward, WinjUad—iS. The bill was not acted upon in the Senate. Validating Certain Proclamatinna and Acts of tie President, and Others. In House. 1867, January 22-Pending this bUl, intro- duced, by. Mi!. Bingham, and reported from the Judiciary Qommittee, with amendments, by Mr. ^jAitES F. Wilson, An A«T to declare valid and conclusive certain proclamations of the President, and acts done in pursuance thereof, or of his orders, in the , isuppression of the late rebellion against the United States. Se if enacted hy the Senate and Souse of^ Be^- reientaUves of the United States of America in Congress assembled, That all acts, proclamations, and orders of the President of the United States, or acts done by his authority or approval after the. fourth of March, anno Domini eighteen hui^- dred and sixty-one, and before the first day of Jujy, anno Domini eighteen hundred and sixty- six, respecting martial law, military trials by courts-martial or military commissions, or the arrest, imprisonment, and trial of persons charged with participation in the late rebellion against the United States, or as aiders or abettors thereof, or as guilty of any disloyal practice in aid thereof, or of any violation of the laws or usages of war, or of affording aid and comfort to rebels against the authority of the UnitedStates, and all pro- ceedings and acts done or had by courts-martial or military commissions, or arrests and imprison- ments made in the premises by any person by the authority of the orders or proclamations of the President, made as aforesaid , or in aid thereof, are hereby approved in all respects, legalized and made valid, to the same extent and with the same effect as if said orders and proclamations had been issued and made, and said arrests, im- prisonments, proceedings, and acts had been done under the previous excress authority and direction of the Congress of the United States, and in pursuance ot a law thereof previously enacted and expressly authorizing and directing the same to b'e done. And no civil court of the United States, or of any State, or of the District of Columbia, or of any district or Territory of the United States, shall have or take jurisdic- tion of, or in any manner reverse any of the proceedings had or acts done as aforesaid, nor shall any person be held to answet in any of said courts for any act done or omitted to be done in pursuance or in aid of any of said proc- lamations or orders, or by authority or with tl:e approval of the President within the period aforesaid, and respecting any of the matters aforesaid ; and all officers or other persons in the service of'the United States, or who acted in aid thereof, acting in the premises, shall be held prima facie to nave been authorized by the Pres- ident ; and all acts and parts of acts heretofore passed, inconsistent with the provisions of this act, are hereby repealed. • On the motion to insert the clause beginning " and all officers and other persons," the yeas' were 109, the nays 37, (Messrs. Ancona, Bergen, Boyer, Campbell, Chanler, Cooper, Dawson, Den- ison, Eldridge, Fmck, Qlossbrenner, Ooodyear,- Aaron Harding, Hise, Edwin N. Subbell, llum- phrey, Hunter, Johnson, Kerr, Le Blond, Left- wich, Marshall, Niblach, Nicholson, Noell, Rad- ford, Samuel J. Randall, Sitter, Rogers, Boss, ShankUn, Sitgreaves, Strouse, Taber, Nelson Tay- lor, Thornton, Tnmble.) February 23 — The bill passed — yeas 112, naya 32, as follow : Yeas — Messrs. Allison, Ames, Anderson, Aroell, Delos B Ashley, James M. Ashley, Baker, Baldwin, Baxter, Beaman, Bidwell, Bingham, Blaine, Braudegee, Brqmwel!, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Davis, Dawes, Delano, Doming, Dixon, Dodge, Donnelly, Eggleston, Eliot, Farnsworth, Far- qnhar, Gariield, Grinnell, Abner C. Harding, Hawkins, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Chester D. Hubbard, Demaa Hubljard, jr., John H. Hubbard, James R, Ilubbell, Hulburd, IngersoU, Jenckes, Julian, Kasson, Kel- ley, Ketcham, Koontz, Kuykendall, Laflin, George V. Law- fence, William Lawrenco, Loan, Longyear, Lynch, Marvin, Maynard, MoClurg, Mclndoe, McKeo, McRuer, Mercur, Milr In-, Moorhead, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Perham, Plants, Price, William II. Randall, John H. Rice, Rollins, Sawyer, Scofleld, Shrllabarger, Sloan, Sp.ilding, Starr, Stevens. Sti'llwell, Stokes, Thayer, Trowbridge, Vpma, 186 POLITICAJ. MANUAL. Tan Aernam, Bnrt Van Horn, Hamilton Waid, Warner, Henry D. WasUburn, William B. WasUburn. Welker, Wcnt- ■wortb, WLarey, Williams, James F. Wilaon,,Steph^n F. Wil- son, Windom, Woodbriilge— 112. Nats — Messrs. Ancona^ Bergen, Bayer, Htvyiielty CJtanler, Covper, Dawson. Eldridge, FincTc, GlossbremKr, Aaron Hard- ing, Harris, Hise, Ediain N. Hubldl, Humphrey, Hunter, ■Kerr, LeBlond, Marshall, McQullougJi, Nihlacl:, Niclwlscm, Samuel J. Randall, Hitter, Slianlclin, Sitgreaves, Strause, Taher, Iharnton, Trimble, Andrew H. Ward, Wriglit-*S2. Ih Senate. March 2 — The bill passed — yeas 86, nays 8, sa follow : Yea%— Messrs. Anthony, Cattell,' Chandler, Conness, Cra £ip, Dixon, Dcolittle, £dmands, Fe^senden, Fugg, Foster, Fowlex', Frelinghnysen, Grimes, Harlis, Howard, , Howe, IIir-^\rood, Lane, Morgan, Mori'ill. Mye, Patterson, Pome- .roy, Bamsey, Boss, Sherman, Sprague, Stewart, - Sumner, Tmmtiull, Van Winkle, Wade, WiUey, Williams, Wilson, Yates— 36. Nats — Messi-s. Buclcalew, Cowan, Davis, Hendricks, John^ son, McDougall, JVorton, Saulsbury—S. Homesteads in Sontheru States. 1867, February 28^Mr. Julian reported a bill amending the act of June 21, 1866, respect- ing homesleads in Alabama, Mississippi, Louisi- ana, Arkansas, and Florida, so that any person applying for the benefit of said act shall be re- quired to make oath that he has not voluntarily borne arms against the United States or given aid or comfort to its enemies ; Provided, That said oath shall not be required of any person who dur- ing the late war enlisted in the military or naval .service of the United States, and who shall have been honorably discharged therefrom, and not thereafter rendered any aid or comfort to the re- bellion. The bill was passed — yea^ 97, nays 30, as fol- low: Yeas — Messrs. Alley, Allison, Ames, Arnoll, James M. Asiiley, Baker, Banks, Baxter, Beamap, Bins;ham, Blaino, Brandegee, Bromwell, Broomall, Buckland, Reader W. Clarke, Cobb, Conkling, Cook, Culloro, Darling, Davis, Dawes, Defreea, Delano, Dixon, Dodge, Dumont, Eliot, Far- inihar, Griswold, Hawkins, Hayes, (ligby. Hill, Holmes, Hooper, Cheater D. Hubbar'd, Deiaas llubbard,.ir., John'U. Hubbard, Hulburd, Jenckes, Julian, Kelley, Kelso, Koontz, George V. Lawrence, William iLawrence, Loan, Longycar, Lynch, Marvin, Maynard, McClarg, Mclndoe, McKee, Mc- Ruer, MerOur, Miller, Morrill, Morris, Moulttm, Myers, Nowell, O'Neill, Ortb, Paine, Perhani, Pike, Plants, Pome- roy. Price, W. H. Randall, RollinSrSawyer, Schenck, Scofleld, Sbellabarger, Sloan, Spalding, Starr, Stokes. Th'iyer, Fran- > cis Thomas, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Hamilton Ward, Warner^ Henry 1). Washburn, William B. Washburn, Welker, Wentworth. Whaley, Stephen F. Wilson, Windom— 97 . Nats — Messrs. Ancona, Bergen, Car^pbell,. Ghar^ler, Cooper, Davison, Finale, Glossbrsnner, Goodyear, Adrofn Harding, Hise, Hiyjan, Edwin N. Hubiell, Humphrey, Kerr, Kuy- dendall, Latham, Le Blond, JLeftwich, Marshall, Niilacic, Nicholson, Ritter, Shanhlin, Sitgreaves, xiiber, Trimbte, Andrew H. Ward, WinfiOd, Wright—^. The bill was not acted upon in the Senate. To Suspend the Payment of Bounty to former Owners of Colored Volunteoia, Is House. 1867, January 14 — Mr. ConK .reported, upder a suspension of the rules, from tTie Judiciary Committee this bill : That so much of section twenty-four of an act approved February twenty-fourth, eighteen hun- dijed and sixty-four, entitled "An act to amend an act entitled 'An act for enrolling and calling out the national forces, and for other purposes, ■ approved March third, eighteen hundred and Bixty-three, as provides that the Secretary of War should appoint a commission in each of the slave States then represented in Congress, charged to award to each loyal person to'whom a colpj;ad volunteer might owe service a just compensation, not exceeding three hundred dollars for such colored volunteer, be suspended until otherwise provided by law, arid that the duties and com- pensation of the commissioners heretofore ap- pointed under said section, Shall cease from fne date of the passage of this resolution. Which was passed — yeas 107, n9.ys 36, as fol- low : Ye.as— Messrs. Alley, Allison, Ames, Anderson, Deloa S- Ashley. James M. Ashley, Baker, Baldwin, Banks, Biutter, Benj.aniin, Bidwell, Bingham, Blaine, Boutwcll, Erociwell, Droouiall, Buckland, Bundy, Header W. Clarke, Cobb, Cpuk, OuUom, Culver, Davis, Dawes, Dafl-ees, Delano, Demin^, Dixon, Douuolly, Driggs, Eckley, Eliot, Farnswortb, Fwqu? bar, Ferry, Gdawold, Abuer C. Harding, Henderson. Higby, Hill, Holmes, Hooper, Chester D. IJvbbiird, Demas Hublinr^ ]r.,Jobn U. llubbnrd,JameeK.HubbelI,lngersoll, Jenckes, Juliin, Krasou, Kelso, Ketcham, Koontz, Kuykondal}, Georgo V. Lawrence, Loan, Lpngj-car, Lynch, M»i'8lou, Maj- vin,.Mayuarf», McClurg, McKee, McUuer, Mercur, HorriU, Morris, Moulton, O'Neill,- Orth, Paine, Patterson, Perhain, Pike, I'lants, Ponieroy, Price, Raymond, John H. Rice, lloi- tins, Ross, Sawyer .-Schenck,<'ScofieM, Slitllabarger, Spaldlitg^ Stevens, Stokes, Thftyer, Trowbridge, Upson. Van Aernam, Burt Van Horn, Hamilton Wsird,- Warner, Elllhu B. Wash- burne, Henry D. Vrashburn, William B. Washburn, Welter, Wentworth. Whaley, Williams, James F. Wilson, Stephen F. Wilson, .Windom— 107. Nats — JTessrs. Ancona, Bergen, Boyer, Campbell, C^ianler, Dawson, Denison, Finch, Glossbrenner, Aaron Harding, Hawkiflp, Hise, Hogan, Edwin N- Hufibdl, Humphrey, J^lm- son, Lathiim, Le Blond, Le/twich, Marshall, Niblack, Nich^ son,KQeU, Roxl/ord, SamulJ. iZaft^IZ,- William H. RandaM, RitUr. migers,^tan,kUn,SUgr«xves,Btrouse,TaJber, NathMu^ a. Taylor, Nelson Taylor, I'hxn^ntan, Aiadraa H. Ward—^ The. bill vyas not a,cted upon in the Senate. To Suspend all Proceedings in relation to tlte Payment for Slaves drafted or received as Tok unteers in the Military Service. In House. 1867, March 18— The bill passed, providing that all further proceedings under the tv/enty- fourth section of the act of Congress approved February twenty-fourth, eighteen hundred and sixty-four, " to award compensation to the mas- ters of slaves drafted into the military service of the United States, and award compensation to persons to whom colored volunteers may -owe service," and under the second section of the act approved July twenty-eighth, eighteen hundred arid sixty-six, " making appropriation for pay- ment to persons claiming service or labor troia colored volunteers or drafted men," be, and -the same is hereby suspended. And the Secretary of War is directed to di.sso.lve the commissions appointed under the said sections, and make payment to the commissioners and clerks for the services rendered, upon their making report.of their proceedings to the War Department. March 18 — The vote on Mr. Sohenck's motion to suspend the rules to allow the considera^iqij of the bill, was the only vote taken — an^ was yeas 92, nays 24, as follow : Teas- Messrs. Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Beaman, Benjaihin, Bingham, Blaine, ]?lair, Boutwell, UromweU, Broomall, Buckland, Butler, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cornell, Covode, Cullo)(i, Dqago, Donnelly, Driggs, Eckley, .3!la, Farnswortb, Kerriss, I'erry, Fields, Garflold, Gravely, Hamilton, Hayes, Hooper, Hopkins, Asuliel "W, Hubbarfl, CljeBte,r D. Hubbard, Hulb^d, Hunter, Judd, Julian, Kolloy, Kitchen, Koontz, Laflin, Willinm Liiwrence, LoKan, Marvin, McClnrg, MiUor, Moore, Myers, Newcomfi, O'Neill, Orth, Paine, Perham, Petoi-s, Pile, Plants, Poliuia. Polsloy, Pomeroy, Koberteon, Ross, Sawyer, Schenok, Sq(» PROPOSED IMPEAOHJIBNT QF PRESIDENT JOHNSON. l-!!7 Held, BUanka, Shellttborger, Smith, Spalding, Tuylor, Twicli- fill, Upaon,.VanAernam, Burt Tan Horn, Ilobeit T. Van Horn, Van Wyolt, Ward, Cadwalader C. Wiisliburn, Henry D. WashbOTn, Wellser, Tlioma8\^iUiani8, Wiiliim WiHlama, 'STftmesP Wilson, Jolin T. Wilson, Windoin— 92. '" Hays— Messrs. Boj/er, Broolis, Bmr, Eldridge, Ibx, Nats— Messrs. Bmkatem, Davit, DooUae, Johnson, FtUter- •pit of Tenn., Van Winkle, WlUey-r7. A Bill to Bestore the FoBsessiqii of Laiuls Con- fiscated hr the Authorities of the States lately inBehellion. ' ^ Ih House. 1866, July 24 — Mr. Williams reported from the Committee on tl^e ^ Judiciary the follqwing ; bill : ' That in all cases where any loyal citizea of the United States'may have been disseized oi: dis- possessed of any lands or tenements belonging to Km or her, within any of fhe States lately ih re- bellion, by any order, proceeding, of dfcree, uji- i.er the pretended authority of the so-called Con- federate government, or of any of the States <^mprisiug the sanle, on thegfound pf hia.Ofhdr adherence to the cause of the union, or his or har absence, or failure or refusal to give .support tp the said rebellion, it shall be thp duty of the I^resident of the United States,, or, the command- ing officer of themilitary forces, stationed^within the particular , State pr District, on complaint 5i,ade to either of , them in writing,' by, the party or parties so disseized or dispossessed, their heirs pr'Msigns, a,900,i»panied by B.4,tisfaotory' evidsjiQe th^t the title or possession of any jsuch property is claimed by the person or persons occupyiiig |he same lender or by virtue of any such Order, proceeding, or decree, io restore the person or persons so interested and^ggrieved to the pqs- Bgssioii and/igfjisof wWoh they have beeh,thiis unjustly deprived, and to protect them in the enjoyment of said rights' by the application pf ■ so much force as may be necessary for that pur- pose. Mr, Teimblb papved that it be laid on the.ta- ble, which ^a^ (iis3.greed to — yeas 2^, nays 81, ^ follow : ;, Yeas— Messrs. AncoiM, Bergen, Baytr, Cooper, Mldridge, ^nch, Glossbrenner, Aaron Harding, Hogan, Johnson, K^yr, tie'BlonS, MeOiiWxigh, NWlaclc, liTidwlson, Radford. Samuel J. Randall, Bitter,Sosi, Strouse, Taher, Thornton, TrimUli, Win^ld^'2A,." ' ,' ■ ' Nats— Messrs. A'lison, Baker, Banks, Barkar, Baxter, Benjamin, Bidwell; Bingham, Buckland, Sidney CItirke, Otfbb, Conklipg. Onllom, Davis, Uawes, Defrees, Dixon, Driggs, Ecklcy, EgKloston, Eliot, f amsworth, Jarquhar, Ferry, Ab- n'dt O. Harding, Hart, Hayes, Higby, Holmes, Hooper,Hp£oh- iflss, Chester D. .^ubbard, John H. Hnbbard, James U. Hub- .hell, Hulbnrd, Jenckes, Julian, Kelley, Ketcbam, Eoontz, l^a^n, George V Lawrence, William Lawrence, Loan, Lynch, 'Maynard .MoCInrg, McEuer, .Merour,' Miller, Moorhcad, Jlorris, Myers, Newell. O'N^ill.Ofth, Pairie, Perham, Plants, ^iCe, Raymond, Kollins, Sawyer, Scofleld, iihellabarger, jffialding, Stevens,' Stokes, SatTianiel S. Taylor, John L. ftomas,.jr., Burt Van Horn,,Kpb6r,t T. Van Horn, Hamilton Wvix'S, Welter, Wentwdrth, Whaley, Williams, James P. jiffilson, Stephen F. Wilson, Windom, Woodbridge-^l. Ic^jWhe hill v/as then passed. I,N ^E-STA^CE. 18.67,,j;ebm?ivy -airrMr. .Fbelinqhuvseh re- ported it from the Committee on the J(idiciar.y, with an amendnient as; to the form, of proceed- ipgirtiitit was not, reached before adjournment. FBOFOSED IMPEACHICENT OF FEESIDENT JOHNSON. In Thirty-Ninth Qpngress. 1866, December 17— Mr. James M. Ashlb? mqv.ed a suspension of the rules to enable him to report, from the Committee on Territories, this, resolution : ' Besolved, That a , select committee to oonsbt of seven members of. this House be appointed by the Speaker, whose duty it, shall, be to in- quire whether, any acts have been done by any offipsr qf,,the(jover]j.i»e»tof the United States v;rhion ih conjemplation of the Cqn8titutio,n are high primes or misSemeaijors, and whether said iaiits were designed , or calculated, to overthrow, subvert;, or corrupt the poyerifcient pf the United Stales, or any dejarinjenf thereof, and that said comrnittee have,pp,,vfe,r to ?,end for persons and papers and to adriiiuist'^r th,e cus'tpmary oath to withe^sesi and that t^ey ha,ve le^ve tp report by bill or .otherwise. Which wsp not agreed, to, (two-thirds being necessary,)' yeas 90; liays 49, as follpw : Yeas— Messrs. A^l^yi AlUson, Anderson, Arnell, Delos R. Asfal6y,''Jaiiies'M;'ABblt'y, Baker; Elaldwin, Banks, Barker, Baxter,,,'B,enjamin,Bidwell, Bingham, Blow, Boutwcll, Bran- degee, ^rbmwell, Buckland,.Bundy, Reader W. Clarke, Sid- tle^ Clatki, Cobb, Coiikliiig, Cullom, Dixon, Driggs, Eckley, FariSWOrth, Farquhar, Fetryi Gaffleld, Griniiell, Abner 0, Harding,. llfiTt, Hawkins,. Hayes, , Henderson, Bill. Holmes, Hotcbki^s, Pemus, Hubbard, jr., John,H. Hubbard, Inger- Boll, 'Julian, Kelley, Kels6,K6ontz, Kuykendall,Laflin, 'Wil- li'am Lttwt'ence', Loan, Tjongyear, Lynch, Marston, Marviii, McCJurg,liIcIndoe,,^GKee,McRuer,.Mercer,. Morrill, Maul- ton, Myers: O'Neill, Orth, Paiue, Patterson, Perham, Pike, l^omeroy, Price, 'William H. Randall, .Scbenck, Scofield, .Sloan, Steven's, Thayer, Traucis Thomas, Trowbridge, Upson, Van Aernajn, liu^.V^n .Hc»rn,..Robert T. VanHorn, Eilihii B. Wasbburne 'Welker, ,Weatwortb, .IjCilliams, James P, Wilson, Windom- 90. ' " .Nats — ^MeBsi;s. Ji^es, Ancona, Bergen, Bayer, .CampbeU, Chanler, Oo^per, Dawes, Pefrees, Deming, Dmison, Dodge, ^lar{dge,'Ftnck, Glossbrenner, Hale, Aaron Sarding, Hise^ Hogan, Chester D. Hubbard, E. N. HuJbhell, Sunter, Jenckes Kerr, Latham, LeEUmd, Jj^twich, Jfar«A4^,.Maynard, Nib- IdpJc, JXioholspn, NaeUi,£a'tmKl J. iZa7i^aIZ,iIlaymond, RiUer, Rogers, Rqss,'^ian1^liji,SUgxeaves, Spalding, aixH^oa, Strouse, Taber, Nathariiel G.- TayJor, Nelson Ta^/lor, Thornton, Art- 4nw ff. Ward, Warner, Whaley— 48. 1867, January 7: — Mr. Lo^N qffered this reso- lution, which was refeirred to the Committee on RepqAstruptipn.: " Meioived,' That for the pujfpqa^e of .securing the fruits pf jthe .victories gained ^bn .the part of the Eepublic during tjie late -war, waged by rebels and, traitors against.the life of thenatipri, and of giving .effect to tl^e will of .the people as ex- pressed at tjie po^ls during tbie repent elections by a majority numbering, in the aggregate mpre than four hundred thousand votes, it is the im- pera^tiyp duty of ,the TJrirty-lJl'intb Congress to take without delay such action as will aoopm- pliah the fol,].qwmg, objects : 1. The impeachment of the officer now ex;ei;- oising .tb? iuificitions pertaining ,to the office of Fr.esidep,t of the ;Uni-t?d Staites of Ampripa, j^nd his removal ffom'said'offi'pe upon his Qpnvictioiii in due for,m of law, of the high crimes and ^lis- demea;»Qr9 of which he is manifestly an4 notoj;i- 188 POLITICAL MANUAL. onsly guilty, and which render it unsafe longer to permit him to exercise the powers he has un- lawfully assumed. 2. To providb for the faithful and efficient ad- Diinistration of the executive department of the Government within the limits prescribed by law. 3. To provide effective means for immediately :eorganizing civil governments in those States lately in rebellion, excepting Tennessee, and for restoring them to their praetical relations with the Government upon a hasis of loyalty and jus- tice ;.and to this end, 4. To secure, by the direct intervention of Federal authority, the right of franchise alike, without regard to color, to all classes of loyal citizens residing within those sections of the Re- public which were lately in rebellion. Same day — Mr. Kelso offered this resolution : Resolved, That for the purpose of securing the fruits of the victories gained on the part of the Eepublic during the late war, waged by rebels and traitors against the life of the nation, and of giving effect to the will of the people, as ex- pressed at the polls daring the late elections by majorities numbering in the aggregate more than four hundred thousand votes, it is the impera- tive duty of the Thirty-Ninth Congress to take, without delay, such action as will accomplish the following objects : 1. The impeachment of the officer now exer- cising the functions pertaining to the office of the President of the United States of America, and his removal from office, upon his conviction, in due form, of the crimes and high misdemean- ors of which he is manifestly and notoriously guilty, and which render it unsafe longer to per- mit him to exercise the powers he has unlawiuUy assumed. 2. To provide for the faithful and efficient ad- ministration of the executive department within the limits prescribed by law. Mr. Davis moved it be tabled; which was disagreed to — yeas 40, nays, 104. The Yeas were : Messrs. Anctma, Delos E. Ashley, Baldwin, Bergen, Camp- hdl, Chanhr, Cooper, Davis, Vawson, Eldridge, Fituik, Gloeg- brenner, Aaron'Harding, Hawkins, Sise,H(^an, Humphrey, Hunter, Kerr, Euykendall, Latham, Le/twich, McOuUough, Niblack, Niclwlion, NoeU, I'helps, Samuel J. Randall, Wil- liam II. Randall, Ritter, doss, Shanklirt, Sirouse, Taber, NaVutnid Q. Taylor, Ndsm* Taylor, Trimble, Ward,'Who.ley, Wir^field—iO. They were subsequi ntly referred to the Com- mittee on the Judiciary. Same day — Mr. James M. Ashley, as a ques- tion of privilege, submitted the following : I do impeach Andrew Johnson, Vice-President and acting President of the United States, of high crimes and misdemeanors. I charge him with a usurpation of pov/er and violation of law : In that he has corruptly used the appointing power ; In that hefhas corruptly used the pardoning power; In that he has corruptly used the veto power ; In that he has corruptly disposed of public property of the United States ; In that he haa corruptly interfered in elec- tions, and committed acts which, in contempla- tion of the Constitution, are high crimes and misdemeanors: Therefore, Be it resolved. That the Committee on the Judiciary be, and they are hereby, authorized: to inquire into the official condoot of Andrgw Johnson, Vice-President of the United States, discharging , the powers and duties of the o&ae] of President of the United States, and to report to this house whether, in their opinion, the said Andrew Johnson, while in said office, has been guilty of acts which were designed or calculated to overthrow, subvert, or corrupt the Govern- ment of the U^nited States, or any department or officer thereof; and whether the said Andrew Johnson has been guilty of any act, or has con- spired with others to do acts, which, in contem- plation of the Constitution, are high crimes or misdemeanors, requiring the interposition of the constitutional power of this house ; and that said committee have power to send for persons and papers, and to administer the customary oath to witnesses. Mr. Spalding moved to lay the subject on the table ; which was disagreed to — yeas 39, nays 106. The proposition of Mr. Ashley was then agreed to — yeas 108, nays 39, as follow : Yeas — Messrs. Alley, Allison, Ames, Amell, Delos R. Ash* ley, James M. Ashley, £aker, Baldwin, Banks, Barker, Saxter, Seaman, Benjamin, Bidwell, Bingham, Blaine, Bou^ well, Brandegee, Bromwell, Broomall, Bnckland, Bundy, Chanler, Reader W. Clarke, Sidney Clarke, Cobb, Cook, CuUom, Culver, Darling, Defrees, Delano, Deming, Dixon, Donnelly, Drigga, Eckley, Farnsworth, Farquhar, Ferr^^j Garfield, Grinnell, Abner C. Harding, Hart, Hayes, Ilendeir^ , son, Higby, Hill, Holmes, Hooper, Chester D. Hubba^," John H. Hubbard, Ingersoll, Jenckes, Julian, Kasson, Eel-' ley, Kelso, Eetcham, Kuykendall, George V. Lawrence, William Lawrence, Loan, Longyear. Lyncli, Marston. Mar- vin, Maynard, McClurg. McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Moulton, Myers, O'Neill, Orth, Paine, Pat- terson, Perham, Pike, Price, William H. Randall, Alexander ' H. Rice, John H. Rice, Sawyer, Scbenck, Scofield, Starr, Stevens, Stokes, Thayer, John L. Thomas, jr., Trowbridge^" Upson, Van Aernam, Hamilton Ward, Warner, EllihiLBi- Washburne, Henry D. Washburn, Welker, Wentworth,Wil- liams, James P. Wilson, Stephen F. Wilson, Windom — 108, Nays — Messrs. Anemia, Bergen, Campbet, Cooper, Davis, Dawson, JioAge, Eldridge, Finck, Glossm'emwr, Aaron Hard* ing, Hawkins, Hise, Hogan, James R. Hubbell. Humphrey, Hunter, K&rr, Latham, L^urich, McCuRough, Mbluck, JVtp^ Olson, Noetl, Phelps. Samuel J. Randall, Raymond, Rit^^ Ross, Shanklin, Spalding, jSirouse, TaJber, Nathaniel G. Ta^' lor. Nelson Taylor, Trimble, Andrew H, Ward, Whale;,, Wttj^W— 39. Bepoit of the Committee, February 28, 1867i The Committee on the Judiciary, charged by the Souse with the examination of certain allega- tions of high crimes and misdemeanors agairitt the President of the United States, submit the- following report : On the seventh day of January, 1867,' the House, on motion of Hon. James M. Ashley, a representative from the State of Ohio, adopted, the following preamble and resolution, to wit: "I do impeach Andrew Johnson, Vice President and act), ing President of the United States, of high crimes and mis- demeanors. " 1 charge him with a usurpation of power and violation of law ; in that bo has corruptly used the appoiutingpower; in that he has corruptly used the pa^-doning power; in that ho has corruptly used the veto power ; in that he has cor- ruptly disposed of public property of the United States; in that he he« coiTuptly iutertered in elections, and committed acts, and conspired with others to commit acts, which, In contemplation of the Constitution, are high crimes and mis- demeanors. . "Therefore, be it resolved. That the Committee on the Ju- diciary bo, and ihoy are hereby, authorized to inquire into the official conduct of Andrew Johnson, Vice Piesident of PROPOSED IMPEACHMENT OF PRESIRENT JOHNSON. isy tbe United States, discharging the powers and dntles of the office of President of tlie United States, and to report to this House whetlior, in their opinion, the sai'l Andrew JollDSon, ^ile in sidd office, has been suilty of acts which were de- signed or ciilcuiated to overthrow, subvert, or corrupt the Qovernment of the Unitbd States, or any deparlment or offl- cb^' thereof; smd wliether the said Andrew Johnson has been guilty of any act, or hiis conspired with others to do acts, wliich, in contemplation of the Constitution, are high crimes or misdemeanors, requiring the interposition of the constitutional powers of this Mouse : and that said commit- tee .have power to send for persons and papers and to ad- t^iniater the customary oath to witnesses." , The dxity imposed on the committee, by thia action of the House, was of the highest and gravest character. No committee during the entire history of the Government had ever been charged with a more "important trust. The re- sponsibility which it imposed was of oppressive vjgight, and of most unpleasant nature. Gladly would the committee have escaped from the ar- duous labors imposed on it by the resolution of the House ; but, once imposed, prompt, deliber- ate, and faithful action, with a view to correct results, became its duty, and to this end it has directed its efforts. Sbon after the adoption of the resolution by the House, the Hon. James M. Ashley conTmu- nicated to the committee, in support of his charges against the President of the United States, such facts as were in l>is possession, and the investigation was proceeded with, and has been continued almost without a day's inter- ruption. A large number of witnesses has been examined, mkny documents collected, and every- thing done which could be done to reach a con- clusion of the case. But the investigation covers a broad field, embraces many novel and inter- esting and important questions, and involves a multitude of facts; while most of the witnesses are distant from the capital ; owing to which, the committee, in view of the magnitude of the interests involved in this action, has not been able to conclude its labors, and is not, therefore, prepared to submit a definite and final report. ,' if the investigation had even approached com- pleteness, the committee would not feel author- ized to present the result to the House at this late period of the session, unless the charges had been so entirely negatived as to admit of no dis- cussion, which, in the opinion of the committee, is not the case. Certainly, no afSrmative report could be properly considered in the expiring hours of this Congress. The committee not having fully investigated afl the charges preferred against the President of the United States, it is deemed inexpedient to submit any conclusion, beyond the statement that sufficient testimony has been brought to its notice to justify and demand a further prosecu- tion of the investigation. The testimony which the committee has taken will pass into the custody of the Clerk of the House, and can go into the hands of such com- mittee as may be- charged with the duty of bringing this investigation to a close, so that the labor expended upon it may not have been . in vain, , The committee regrets its inability definitely to dispose of the important subject committed to its charge, and presents this report 'for its own justification, and for the additional purpose of notifying the succeeding Congress of the inoom-^ pleteness of its labors, and that they should ba completed. James F. Wilsoh, Cliairman, g. s. bouiwell, Thos. Williams, Btjeton C. Cook, ■y/M. Laweenoe, Francis Thomas, D. MOEBIS, F. E. WOODBBIDSE. MINOBITT REPORT. Mr. EoGEES, the minority of the committee, submits the following as his views : The subscriber, one of the Judiciary Commit- tee, to whom was referred by the House the in- quiry to inquire into the official conduct of his Excellency the President of the United States, with a view to his impeachment upon certain charges made by the Hon. James M. Ashley, begs leave to submit the following report: The committee refuse to allow a report to be made giving the evidence t%the House at this time, upon grounds which are no doubt satisfac- tory to themselves. Therefore, I cannot report the evidence uppn which my conclusion is based, which I wou'Id gladly do, did the committee deem it expedient. The examination of wit- nesses and the records was commenced, as ap- pears by the majority report, about the time of the reference, to wit, on the 7th of January, 1867, and continued daily. A large number of witnesses has been examined, and everything done that could be to bring the case to a close, as appears by the majority report; and the ma- jority came to the conclusion " that sufficient testimony has been brought to its notice to jus- tify and demand a further prosecution of the investigation." I have carefully examined all the evidence in the case, and do report that there is not one particle of «videuce to sustain any of the charges which the House charged the committee to investigate, and that the case is wholly without a particle of evidence upon which an impeachment could be founded, and that with all the effort that has been made, and the mass of evidence that has been taken, the case is entirely bald of proof. I furthermore report that the most of 'the testimony that has been taken is of a secondary character, and such as would not be admitted in a court of justice. In view of this conclusion, I can see no good in a continuation of the investigation. I am con- vinced that all the proof that can be produced has been before the committee, as no pains have been spared to give the case a full investigation. Why, then, keep" the country in a feverish state of excitement upon this question any longer,' as it is sure to end, in my opinion, in a complete vindication of the President, if justice be done him by the committee, of which I have no doubt. A. J. ROBEES. Impeachment in Fortieth Congress. Ik House. 1867, March 7— Mr. James M. Ashley rose to a question of privilege, and submitted these resolutions : Whereas the House of Representatives of the Thirty-Ninth Congress adopted, on the 7th of January, 1867, a resolution authorizing an in- 190 POLITICAL MANUAL. quir y into certain charges preferred against the President of the United States ; and whereas the Judiciary Commiftee, to whom said resolur tion and chair^es'w'ere referred, with authority to investigate tiie same, were unable for want of time to compleite siid investigation before the expiration of the Thiriy-Nihfli Congress; and whereas in the report submitted by said Judici- ary Committee on the 2d of M'pch -they declare that the evidence taken is' of such a character as to justify aiid demand a continuation of the investigation by this Congress : Therefore, Be it resolved by tM'Hoiite of Representatives, That the Judiciary Coinmittee, when' appointed, be, and they are hereby, instructed to continue the investigation' authorized in said resolution of January 7, 1867, and that they haV6 power to send for persons and paper's, and to administer the customary oath to witnesses ; and that the committee have atithority to sit dtaring the ses- sions of the' House and dnring anjf reoesS which Congress or this House may take. Sesolved, That ^he SpeAer of the HoUSe" be req^uested to appoint' the Committee on the Ju- diciary forthwith, and that the committee so' ap-' pointed be directed to take charge of the testi- mony taken by the committee' of the last Con- gress ; and that said committee have power to appoint a clei'k at a compensation not to' exceed BIX dollars per day, and employ the necessary stenographer. Resolved, That the CleA of the House of Eep- resentatives be directed to pay out of the con- tingent fand of the House, on the' order of the Committee of the Judiciary,' such sum or sums of money as may be req'uired to enable the said committee to'prosectite' the investigation above directed, and such other investigaj^dn's as it may be ordered to make. Mr. HoLMAN moved to table the resolutions, which was disagreed to — yeas 32, nays 119, as follow : Tbas — MesBiB. Archer, Barnes, Biyy&r, Bfooki,' Bu/rr, Chanler, Denistm, Eldridge, Fox, Getz, Haight, Holman, Eumpkret/, Kerr, Marshall, McCullauffh, Morgan, Morrissey, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Rob~ inson, Ross, iSitgreaveii, Stewart, Stone, Taber, Van Aukeh, Van Trurkp, Wood—Z2. Nats — Messrs. Allison, Ames, ADdorson, Del6s B. Ashley, James M. Ashley, Baker, Baldwin^ Banks, Seaman, Bei^ar mln, Bingham, Blaine, Blair, Boutwell, Broinwell, Brobmall, Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sid- ney Clarfee, Cobb. Coburri, Cook, Cornell, Covode, Cnllom, Dawes, Dodge, Donnelly, Drig^, Eckley, EgglQston, Eliot, FarnswortU, Ferrisa, Ferry, Fields, Finney, Oarlield, Gravely, Balsey, Hamilton, Harding, Hayes, Hill, Hooper, Hopkins, Chester D, Hubbard, Hulbnrd,', Hunter, IngerspU, Judd, Julian, Eelley, Eetcham, Eitche'n, Koontz, LaHin, George T, Lawrence, William Xawi'ence, Lincoln, Loan, Logan, Loughridge, Lyn'ch, Marvin, McCarthy, McClurg, Mercur, Milleri Moore, Moorhead, Morrell, Myers, Newcomb, Noell, O'Neill, Orth, Paine, Perham, Peters, Pile, Plants, Poland, Polsjey, Pomeroy, Price, Kaum, Robertson, Sawyer, Scheilck, Bcoflcld, Shanks, Shellabarger, Smith, Stevens^ Taffe, Tay- • lor, Thomas. Trowbridge, Twichell, Upson,, Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Ihomos WimariiB, William Williams, Jamea T. Wilsou, John T. Wilson, Stephen P. 'Wilson, Windom, Woodbridge —119. March 29— Mr. Sidney Claeke offered this preamble' and resolution : ,-. , ■Whereas upon charges preferred in tie House,, of Representatives of the Thirty-Ninth Congress: against the President of the United States pf : high crimes and misdenieanors, alleged to have been committed by him in the execution of his official trust, the Committee on the 'Judiciary of ' the said House, to which the same was referred,, did report that for want of sufficient time they ' were utiable to conclude their investigation, but that upon the facts disclosed itwas in their judg;'^. ment required and demanded that the inquiry should, be prosecuted to a conclusion by the pres- ent Congress ; and whereas in accordance with the said opinion this House did commit the said ' subject anew .to its Committee on the Judiciary, which iffnow'diligently engaged in the examin- ation thereof; and whereas, in view of the re-.^ port and recommendation of the Judiciary Comt mittee of the last House, it would be dangerous to the public interest and failure of duty on the part of the present Congress.to adjourn a.nd ab- dicate its practical control over the administra- tion of the Government by surrendering its des- tinies, in the present critical condition of affairs, into the hands of an officer thus impeached before the nation, and well known not only to be hostile, to the policy of its Congress, and to entertain the opinion that all the acts of that Congress looking to a restoration of the Union are uncon- stitutional : Therefore, JResolVed, That the Committee, on the Judi- ciary be requested to report on the charges pre- ferred against the President, as aforeBai(^ on the first day of the meeting of the House after the recess hereafter lo be determined. Mr. EoBiNSON moved to table the resolution ; which was disagreed to — yeas 38, nays 63, as follow : Teas— Messrs. ., Cullom, Donnelly, Driggs, Eckley, Eggleston, Ela, Farnsworth, Garfield, Gravely, Halsey, Hani- ilton, Hayes, Hooper,. Hopkins, Hulburd, IngeiBolI, Judd, ' Kelley, Eoontz, William Lawrence, Loan, l^gan, Lough- ridge, Mallory. McClurg, Mercur, Miller, Morrell, Myers, O'Neill, Perham, Pile, Polsley, Robertson, Sawyer, Schenck, Scofield, phaiiks, Thaddeus Stevens, Taylor, Trowbridge( Upson, Robert T. Van Horn, Ward, Welder, Thomas Wil- liams, William Williams, John T. Wilson, Windom, "Wood- bridge— 63. The preamble was, laid on the table, on a' division by tellers— ayes 64, noes 32. The reso-" lution was then adopted. The committee, it is undisrstbod, will make a report upon the 3d of July, on the reasseinbling of Congress. XVIIl. TEXT OF THE RECONSTRUCTION MEASURES- 14th Constitutional Amendment. Jpint Eesolution proposing an Amendment to the Constitution of the United States. ,Be it resolved by the Senate and Souse of Rep- resentatives of the United States of America, in Congress assembled, (two-thirds of both' Houses concurring,) That the following article be pro- posed to the Legislatures of the several States as an amendment to the Constitution of ths United States, which, When ratified by three-fourths of said Legislatures, shall be valid as part of the Oonstitution, namely : AKTICLB XIV. Seotion 1. ,A11 persons born or naturalized in the United States, and subject' to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State! shall make or enforce anjr law which shall abridge the privileges or immunities of citizens of theUnited Siites ; nOr shall any State deprive any person of life, liberty, or property, -without due process of law, nor deny to any person within its juris- diction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among the several States according to their re- Bpeetive numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any elec- tion for the choice of electors for President and Vice President of the United States, representa- tives in Congress, the ■ executive and judicial- officers of a State, or the members' of the Legis- lature thereof, is denied to any of the male inhab- itants of such StEite, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebel- lion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one- years of age in such State. Sec. 3. No person shall be a Senator or Bep- resentative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or'"as a meiiiber of any State Legis- lature, or as an executive or judicial officer of anjr State, to' support the Constitution of the United States, shall have engaged in insurrection or rebellion agaiast the same, or given aid or coiiafort to- the enemies thereof. But Congress may, by a vote of two thirds of each House, re- move such disability. Sec. 4'. The validity of -the public debt of the United States, authorized by law, including'debts incurred- for payment of pensions and bounties' for services in suppressing'insurreotion or rebel- lion, shall not be quBstioned! But neither the United States nor any State shall assumS or pay an^ debt or obligati'on incurred itl aid of insur- rection or i-ebellion against the United States, or any claim for the loss or emancipation of any sl!iv6; but all'sueh debts, obligations-, and claims shall be' held -illegal and void. SBO; 5. T^at Congress shall have power to efir- forde, by appropriate Iftgisl'ation,- the provisions of this article. Passed June 13; 1866. Beconstmction Act of Thirty-ITinth Congresa Air Act to' provide for- the more efficient gov erument of the'rdbei States. Whereas -no legal State governments or ade- quate protection for lil'e of jsroperty now eiists in the rebel States' of Virginia, Worth Car'olina; South Carolina,' Ga'orgia, Mississippi, Alabama, Louisiana; Florida, Texas, and Arkan'sa,s'; and wUereaS it is necessary thatpeace and good order should be enforced" in said States -until loyal and republicata State governments can be legally eS-- tablished: Therefore Be it enacted, &c.. That said rebel States" shall be divided into military districts and made subject to the military authority of the United States', as hereinafter prescribed, and for that purpose Virginia shall coristitutfe the first district ; North Carolina and South Carolina the second district ; Georgia, Alabama,' and Florida the third dis- trict; Mississippi and Arkansas the fourth dis- trict; and Louisiana and Texas the fifth district-. Se(3.' 2. That it shall be the duty of the Presi-" dent to assign to the command of each of said districts an officer of the army, not below the r.ahk Of brigadier general, and tO detaiil a suffi- cient military force to enable Such officer to per- form his duties and enforce his authority within th^ district to whibh 'he is as'sighed'. , Seo. 3. That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights' of person and property, to suppress insurrection, disorder, and violence, and to pun- ish, or cause to be punished, all disturbers ot the public peace and criminalfe, aftd to this end he may allow local civil tribunals to take jurisdic- tion of arid to try offend-ei's, or, when in his judgment it may be necessary for the trial Of offenders, he shall have poweirto organize mili- tary commissions or tribunals for ihat purpose ; ati'd all interferenCe'under color of State author- ity with the exercise of military authority nndei this act shall be null and void. Sec. 4.- That all perebns put Wider military arrest by virtue of this act shall be tried with- out unnecessary delay, and to cruel' or unusual punishment shall be inflicted; and no sentence of any mili'ta'ty commission or ti-ihunal hereby authorized, affecting' the life or liberty of any person, sh^ll be executed until it is approved by thd officer in coiiimand of the district,' artd the laws and regulations for the go^.'6rnment of the army 'shall not be afiected by this act,' except in so far as they conflict with its provisions:' JVo Idl 192 POLITICAL MANUAL. vided. That no sentence of death under the pro- visions of this act shall be carried into effect without the approval of the President. Seo. 5. That when the people of any one of said rebel States shall have formed a constitution of government in conformity with the Constitu- tion of the United States in all respects, framed bjr a convention of delegates elected by the male citizens of said. State twenty-one years old and upward, of whatever race, color, or previous con- dition, who have been resident in said State for one year previous to the day of such election, except such as' may be disfranchised for partici- J)ation in the rebellion, or for felony at common aw, and when such constitution shall provide that theelective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates, and when such constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors for delegates, and when such constitution shall have been submit- ted to Congress for examination and approval, and Congress shall have approved the same, and when said State, by a, vote of its legisla- ture elected under said constitution, shall have adopted the amendment to the Constitution of the United States, proposed by the Thirty- ninth Congress, and known as article fourteen, and when said article shall have become a part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and Senators and Eepresentatives shall be admitted therefrom on their taking the oaths prescribed by law, and then and thereafter the preceding sections of this act shall be inopera- tive in said State : Provided, That no person ex- cluded from the privilege of holding office by said proposed amendment to the Constitution of the Lnited States shall be eligible to election as a member of the convention to frame a constitu- tion for any of said rebel States, nor shall any such person vote for members of such conven- tion. Sec. 6. That until the people of said rebel States shall be by law admitted to representa tion in the Congress of the United States, any civil governments which may exist therein shall be deemed provisional only, and in all respects subject to the paramount authority of the United States at any time to abolish, modify, control, or supersede the same ; and in all elections to any ofcce under such provisional governments all persons shall be entitled to vote, and none others, who are entitled to vote under the pro- visions of the fifth section of this act ; and no person shall be eligible to any office under any such provisional governments who would be dis- qualified from holding office under the provis- ions of the third article of said constitutional amendment. Passed March 2, 1867. Supplemental Beconstruction Act of Fortietli Congress. Air Act supplementary to an act entitled "An act to provide for the more efficient govern- ment of the rebel States," passed March sec- ond, eighteen hundred and sixty-seven, and to facilitate restoration. Be it enacted, &c., That before the firs'tday of September, eighteen hundred and sixty-sevgn, the commanding general in each district definsd by an act entitled "An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred - Slffld sixty-seven, shall cause a registration to be made of the male citizens of the United States, twenty- one years of age and upwards, resident in each county or parish in the State or States included in his district, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who shffll have taken and subscribed the following oath or affirmation: "I, , do solemnly swear, (or affirm,) in the presence of Almighty God, that I am a citizen of the State of ; that I have resided in said State for months next preceding this day, and now reside in the county of , or the parish of , in said State, (as the case may be;) that I. am twenty-oae years old ; that I have not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony com- mitted against the laws of any State or of the United States; that I have never been a, mem- ber of any State legislature, nor held any exec- utive or judicial office in any State and after- wards engaged in insurrection or rebelli&a against the United States, or given aid or com- fort to the enemies thereof; that I have never taken an oath as. a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and aftei^wards engaged in insurrection or rebellion against the United States or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of ray ability, encourage others so to do, so help me God ;" which oath or affirmation may be administered by any registering officer. Sec. 2. That after the completion of the regis- tration hereby provided for in any State, atsuoh time and places therein as the commanding gen- eral shall appoint and direct, of which at. least thirty days' public notice shall be given, an election shall be held of delegates to a convention for the purpose of establishing a constitution and civil government for such State loyal to the Union, said convention in each State, except Virginia, to consist of the same number of mem-- hers as the most numerous branch of the State legislature of such State in the year eighteen hundred and sixty, to be apportioned among the several districts, counties, or parishes of such' State by the commanding general, giving to each representation in the ratio of voters registered' as aforesaid, as nearlv as may be. The conven- tion in Virginiashallconsistofthesame number of members as represented the territory now con- stituting Virginia in the most numerous branch of the legislature of said State in the year eigh- teen hundred and sixty, to be apportioned as aforesaid. . . ■. Seo. 3. That at said election the registeee® voters of each State shall vote for or against. & convention to form a constitution therefomnder TEXT OF T6e RECONSTKUCTION MEASURES. 193 A'-is act Those voting in favor of such a con- vintion shall have ■written or printed on the i) jllots by which they vote for delegates, as afore- »i,id, the words " For a convention," and those \«ting against such a convention shall have written or printed on such ballots the words "Against a convention." The person appointed to superintend said election, and to make return oi' the votes given thereat, as herein provided, •hall count and make return of the votes given for and against a convention ; and the com- •nanding general to whom the same shall have bijen returned shall ascertain and declare the total vote in each State for and against a con- rention. If a majority of the votes given on that question shall be for a convention, then inch convention shall be held as hereinafter pro- vided; but if a majority of said votes shall be »gainst a convention, then no such convention •hall be held under this act : Provided^ That such convention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such convention. Seo. 4. That the commanding general of each district shall appoint as many boards of regis- tration as may be necessary, consisting of three loyal ofBcers or persons, to make and complete the registration, superintend the election, and make return to him of the votes, lists of voters, and of the persons elected as delegates by a plu- rality of the votes cant at said . election ; and upon receiving said returns he shall open the same, ascertain the persons elected as delegates according to the returns of the officers who cou- dncted said election, and inake proclamation thereof; and if a majority of the votes given on that question shall be for a convention, the com- manding general, within sixty days from the date of election, shall notify the delegates to ar- semble in convention, at a time and place to be mentioned in the notification, and said conven- tion, when organized, shall proceed to frame a constitution and civil government according to the provL'ions of this act and the act to which it is supplementary ; and when the same shall have been so framed, said constitution shall be sub- mitted by the convention for ratification to the persons registered under the provisions of this act at an election to be conducted by the officers or persons appointed or to be appointed by the commanding general, as hereinbefore provided, and to be held after the expiration of thirty days from the date of notice thereof, to be given, bv said convention ; and the returns thereof shall be made to the commanding general of the district. ; Sec. 5. That if, according to said returns, the constitution shall be ratified by a majority of the votes of the registered electors qualified as herein specified, cast at said election, (at least one halT of all the registered voters voting upon the question of such ratification,) the president of the convention shall transmit a copy of the same, duly certified, to the President of the Uni- ted States, who shall forthwith transmit the same to Congress, if then in session, and if not ia session, then immediately upon its next as- sembling ; and if it shall, moreover, appear to Congress that the election was one at which all the registered and qualified electors in the State had an opportunity to vote freely and without 13 restraint, fear, or the influence of fraud, and if the Congress shall be satisfied that such consti- tution meets the approval of a majority of all the qualified electors in the 'State, and if the said constitution shall be declared by Congress to be in conformity with the provisions of the act fo which this if supplementary, and the other provisions of said act shaH have been com- plied with, and the said constitution shall be approved by Congress, the State shall be de- clared entitled to representation, and Senators and Representatives shall be admitted therefrom as therein provided. Seo. 6 That all elections in the States men- tioned in the said "Act to provide for the more efficient go,vernment of the rebel States," shall, during the operation of said act, be by ballot ; and all officers making the said registration of voters and conducting said elections tihall, lie- fore entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July second, ejghteen hundred and sixty-two, entitled " An act to prescribe an oath of office:"* Provided, That if any person shall knowingly and falsely take and subscribe any oath iu this act prescribed, such person so ofFend.- ing and being thereof duly convicted, shall be suBj,eot to the pains, penalties, and disabilities which by law are provided for the punishment of the crime of wilful and corrupt perjury. Seo. 7. That all expenses incurred by the sev- eral commanding generals, or by virtue of any orders issued, or appointments made, by them, under or by virtue of this act, shall be paid out of any moneys in the treasury not otherwife appropriated. Seo. 8. That the convention for each State shall prescribe the fees, salary, and comuensation to be paid to all delegates and other oiicers an(J agents herein authorized or necessary to carry into effect the purposes of this act not hereiii otherwise provided for, and shall provide for the levy and collection of such taxes on the property * Thia act is in these words : Be. it enacted, t£c.. That hereafter every person elected or appointed to any office of honor or profit under the Govarn- men t of theUniteil States eitherinthocivil, military, or naval departments of the pnlilic service, excepting the President of the Uiii ted &tates,Bhall,beforo entering upon the duties of such office, and before heinp; entitled to any of the salary or other emoluments thereof, take and subscribe tlAe.fo]lpwing oiith or affirmation : " I, A B. do solemnly swear- (or-affirm) that I have never voluntarily borne arms jigajnat the> United States since 1 have been a citizen tliereof ; ttliat I have vol- nntarily given noaid, countenance, counsellor enponrf^gement to persons engaged in armed hostility thfjreto,; that I have never sought nor accepted nor attempted to exercise the functions ol any office whatever^ under any authority or pretended authority, in hostility. to the United States; thai. I have not yielded a voluntary support to any pretended government, authority, power, qy coTiBti;tution, withJQ thff United States, hostile orinimicat thereto; and I do further swear (or atlirm) that, to the best of my knowledge ant? ability, I will support and defend the Constitution of the United t;!tates, against all enemies, foreign and domestic.; that 1 will bear true faith and allegiance to tlie same; that I take this obligation freely, without any mental rosHrvatioii. or purpose of evasion, and that I will well and faithfully discharge the duties of the ofilce on whi.;h I am ai>out tp enter; so help me Ood;" which said oath, so takes, and. signed, shall be preserved among the files of the Coifiit, House of Coqgress, or Departmemt to which the said office may appertain. And any person who shall falsely take tho said oath, shall be. guilty of perjury, and on conviction, io addition, to the penj\Uieg now prescribed for. that offeiise, shall be deprived of his office, and rendered incapable for- ever after, 9jr(iolding any offloe or plapft uflflp? tts-WnSte*. StatM,. ■' ■ ' 194 POLITICAL MANUAL. in such State as may be necessary to pay the same. Sec. 9 That the word article, in the sixth Bection of the act to which this is supplementary, shall be construed to mean section. Passed March 23, 1867. Votes of State Legislatures on tli« Fourteenth Congtitutlonal Amendment, ^ LOYAL STATES. IUTinXI>— IWXNIT.0H8 8IATK9. Maine — Skhats, Jannary 18, 1867, yeas SI, nays 0. House, January 11, 1S67, yeas 126^ nays IX N&v Sawpshire — Senais, July 6, 1S66, yeas 9, nays 3. Housz, June 28, 1866, yeas 207, nays 112. Vermont— Ekhati, October 23, 1866, yeas 28, nays 0. HonsB, October 30, 1866, yeas 199, nays II, MiiSttichuseUa — SsHAis, March 20, 1867, yeas 27 , nays 6. HODSE, March 14, 1867, yeas 120, nays fO. IBuide Island— Senate, February S, 1867, yeas 26, nays '2. House, February 7, 1867, yeas SO, nays 9, Cbmuctieut — Senate, June 25, 1866, yeas.U, nays 6. Rouse, June 29, 1866, yeas 131, nays 92. XfewTork — Senate, January 3, 1867, yeas 23, nays 3, House, January 10, 1867, yeas 76, nays 40. New Jersey — Senate, September 11, 1866, yeas 11, nays 10, House, September 11, 1866 , yeas 34, nays 2A, Ptmuylvania— Senate, January 17, 1867, yeas 20, nays 9. House, February 6, 1867, yeas 58, nays 29. West Virginia — r. Senate, January 15, 1867, yeas 15, nays 3. House, January 16, 1867, yeaa 43, hays U, Ohio— Senate, January 3, 1867, yeas 21, nays 12. House, January 4, 1867, yeas 54, nays 25. Sinnettet— Sehah, Julyll, 1866, yeas 15, nays 6. House, July 13, 1866, yeas 43, nays 11. Senate, January 16, 1867, yeas 29, nays 18. Hquss,Janaary23, 1867, yeas — .nays—. IBinaiikr' Senate, January 10, 1867, yeas 17, nays 7, House, January IS, 1867, yoaa 59, nays 26, MitAigan— Senate, 1867, yeaa 25, nays 1. Bouse, 1867, yeas 77 nays 16. SSNATE, Jannvy 6, 1867, yeas 26, nays 6. Hwn^ jAanary 8, 1867, yeas 86, nays 31. Mimtaetct^ jjBNAIE, January 16, 1867, yeas 16 nays 5. House, January 15, 1867, yeas 40, nays 6. Kansas — Senate, January 11, 1867, unanimously. House, January 10, 1867, yeas 76, nays 7. Wiscons^ — Senate, January 23, 1867, yeas 22, nays 10. House, February 7, 1867, yeas 72, nays 12. Oregon — «Sena»«, - — , 1866, yeas 13, nays 7. House, September 19, 1866^ yeas 26, nays IS NmaHa— 'Senate, January 22, 1867, yeas 14, nays 2, House, January 11, 1867, yeas 34, nays 4. •Unofficial. XEJECVED — THBBE STATES, J)^amin-r SinaTi. House, February 6, 1867, yeas 8, nays IS. Senate, March 23, 1867, yeas 4, nays 13. House, March 23, 1867, yeas 12, nays 45. EMuOey- Senate, January 8, 1867, yeas 7, nays 24. BouBi^ January 8, 1867, yeas 26, nays 62. NOT ACTEU — THKEX STATES. Iowa, California, Nebraska. INSintRECTIONART STATHS. SEJECTED— TEN STATES. Vii^nia — Senate, January 9, 1867, unanimously. House, January 9, 1867, 1 for amendment. Jfotfft CtirOlina — Senate, December 13, 1866, yeas 1, nays 41. . House, December 13, 1866, yeas 10, nays 93. Soi^ CUroUrui — Senate, — - . EtOUBE, December 20, 1866, yeas 1, nays 9& Otorgiiir-, , Senate, lioTember 9, 1866, yeas 0, nays 36u Bouse, November 9, 1866,- yeaa 2, nays 131. Floridaf^ Senate, Decembers, 1866, yeas 0, nays 20. House, December 1, 1866, yeas 0, nays 49. Jlabama^ Senate, December 7, 1866, yeas 2, nays 27. House, December 7, 1866, yeas 8, nays 69. Mittissippi~r Senate, January 30, 1867, yeas 0, nays 27. House, January 25, 1867, yeaa 0, nays 88. LouUianor— Senate, February 6, 1867, unanimously. House, Pebrtiary 6, 1867, unanimonsly, Itxat— Senate, . House, October 13, 1866, yeas 6, nays 67. ArKamas — Senate, December 15, 1866, yeaa 1, nays ii. Bouse, December 17, 1866^ yeaa i, najn W. XIX. PROCLAMATIONS AND ORDERS. FBESIDEFT JOHirSOirS FBOCLAMATIOXS, OBDESS, AND TELEGBAMS ON BECON- STBUCTION. Declaring the Insurrection at an End in Texas, and Civil Authority existing throughout the whole of the TTnited States, August 20, 1866. Whereas, by proclamation of the fifteenth and nineteenth of April, eighteen hundred and sixty- one, the President of the United States, in virtue of the power vested in him 'by the 'Constitution and the laws, declared that the laws of the Oni- ted States were opposed and the execution thereof I obstructed in the States of South Carolina, Geor ; gia, Alabama, Florida, Mississippi, Louisiana, j and Texas, by combinations too powerful to b» I flUppreased by the ordinary course of judicial proceedings, or by the powers vested in tne mar- shals by law ; I And whereas, by another proclamation, made on the sixteenth day of August, in the same j year, in pursuance of an act of CotigresB ap- , proved July thirteen, one thousand eight hun- , dl-ed and sixty-one, the inhabitaflts of the States , of Georgia, South Carolina, Virginia, North Ciuv olina, Tennessee, Alabama, Louisiana, T«>xti8, PKOCLAMATIONS AND OKDEKS. 195 Arkansas, Mississippi, and Flprida, (except the inhabitants of that part of the Btato of Virginia lying west of the Alleghany mountains, and except also the inhabitants oi such otljer parts of that State, and the other States before named, as might maintain a loyal adhesion to the Union and the Constitution, or might be, from time to time, occupied and controlled by forces of the United States engaged in the dispersion of insur- gents,) were declared to be in a state of insur- rection against the United States; And whereas, by another proclamation, of the first day of July, one thousand eight hundred and sixty-two, issued in pursuance of an act of Congress approved June seventh, in the same year, the insurrection was declared to be still existing in the States aforesaid, with the excep- tion of .certain ?peeified counties in the State of Virginia ; And whereas, by another proclamation made on the second day of April, one thousand eight hundred and sixty-three, in pursuance of the act of Congress of July thirteen, one thousand eight hundred and sixty one, th_e exceptions named in the proclamation of August sixteen, one thousand eigh£ h,undred and sixty-one, were revoked, and the iuhabita,nt8 of the States of Georgia, South Carolina, North Carolina, Ten- nessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia (except the forty-eieht counties of Virgitiia designated as West Virginia, and the ports of Hew Orleans, Key West, Port-EoyaU.and Beaufort, in HorJth Carolina) wotb declared to he still in a staie .of insurrection against the United States; And whereas, by anotherproolamation of thefif ■ teenthday of September, one thousand eight hun- dred and sixty-three, made in pursuance of the act of Congress approved Marph third, one thou- Band eight hundred and sixty-three, the rebellion was dewared to.be still .existing, and the privi- lege of the writ of habeas corpus was in certain specified cases suspended throughout the United States, said suspension .to continue throughout the duration of the rebellion, or until said proclama- tion should, by a subsequent one to be issued by the President of the United States, be modified or revoked ; And whereas the House of Representatives, on the twpnty-second day of July, one thousand eight hundred and sixty-one, adopted a resolu- tion in the words following, jnamely : , Mesolved J>y the Eouse of Sepr^entatives of the Ocmgress pfthe Vfiited States, Thnt the present afeplorable civil war baa been forced upon tbe country bythe disunionists of the poutliern States, now in revolt against the constitutional Oovernnient, and in arms around the capital ; that in this national emergency, Congress, banisbingall feelings of mere passion or resentment, will recollect only its duty to the wbole country ; that this war. is not waged upon our part in any spirit of oppression, nor for any purpose of conquest pr Bubjugatiun, nor purpose of overthrowing or interfering .w;i.th the rights or established institutions of ithose States, imt to defend and maintain the supremacy .of the Constitu- tion, and to preserve tlie Union with all the dignity, equal- ity, and rights of the several States unimpnired, and that as soon as these objects are accomplished the war ought to cmse. . And whereas the. Senate of the United States CP the twenty vfifth day of July, one thousand .eight hundred and sixty -pne,,, adopted a resolu- fiou in the words following,. to wit: Retoliied, That ihe present deplorable civil war has been biced upon the country by the disuuioiiista of the southern States, nowiH revolt against tbe constitutional Oovernment, and in jirnis around the capitLil ; that in this national emer- giipo.v. Congress, banishing oil feeling of mere passion or rusentniejit, will rocolloci only its duty to the whole coun- try; timt tliia wiir is not prosecuted upon our part in any spiri'r of opprtssion, nor for any purpose of conquest or sub- jugalion, ntjr purpose of overthrowing or interfering with tjle rights or estatrlislied institutions of those States, but to .defend ai.d maintain the enpremacyof the Constitution, and alt laws made in pursuance thereof, and to preserve the Union with all the dignity, equality, and rights of the several States unjnipairud; that as soon as these objects are a'jcom- pllshed the war (ught to cease. And whereas these resolutions though not joint or concurrent in form, are substantially identical, and ns such have hitherto been and yet are re- garded as having expressed the sense of Congress upon the subject to which they relate ; And whereas the President of the United States, by proojamation of the thirteenth of June, eighteen hundred and sixty-five, declared that the insurrection iji the State of Tennessee had been sup.pressed, and that the authority of the United States therein .was undisputed, and that such United States oificers an had been duly coin- missioned were in the undistijirbed exercise of their official funcJ,ions ; And whereas the President of the United states, by further proclamation issued on the second day of April, one thousand eight hundred and sixty-sis, did promulgate-and afeclare tfiat there no longer exi'sted any armed resistance of mis- guided .citizens .or Others to the authority of the United States in any ,or jn all the States before mentioned, excepting only the State of Texas, and did fiirther promulgate and declare that the lawS' could be sustained and enforced in the sev- eral States before mentioned, except Texas, by the proper civil. authorities. State or Federal, and that the people of the said States, except Texas, are well and loyally disposed, and have con- formed or will conform in their legislation to the condition of affairs growing out of the amend- ment to the Constitution of the United States prohibiting slavery wif;hin the limits and juris- diction of .the United States ; And did further declare in the same proclama- tion that it is the manifest determination of the American people that no State, of its own will, has a right or power to go out of, or separate itself from, or be separated from the American Union ; and that, therefore, each State ought to remain and constitute an integral part of the United States ; And did further declare in the same last men- tioned proclamation that the several afore-men- tioned Stiates, excepting Texas, had, in the manner aforesaid, given satisfactory evidence that they acquiesce .in this sovereign and important reso- lution of national unity ; And whereas the President of the United States, in the same proclamation, did further declare ,that it is believed to be a fundamental Erinciple of -government that the people who ave revolted, and who have been overcome and subdued, must either he dealt with so as to in- duce them voluntarily to become friends, or else they must be held by absolute military power, or devastated, so as to prevent them from ever again doing harm as enemies, wliich last named policy is abhorrent to humanity and to freedom ; And whereas the President did, in the same proclamation, further declare that the Constitu- 196 POLITICAL MANUAL. tion of the United States provides for constituent communities only as States, and not as Territo- ries, dependencies, provinces, or protectorates ; And further, that such constituent States mus,t necessarily be, and by the Constitution and laws of the United States are made equals, and placed upon a like footing as to political rights, im- munities, dignity, and power with the several States with which they are united ; And did further declare that the observance of political equality as a principle of right and justice is well calculated to encourage the people of the before-named States, except Texas, to be and to become more and more constant and per- severing in their renewed allegiance ; And whereas the President did further declare, that standing armies, military occupation, mar- tial law, military tribunals, and the suspension of the writ of habeas corput are, in time of peace, dangerous to public liberty, incompatible with the individual rights of the citizen, contrary to the genius and spirit of our free institutions, and exhaustive of the national resources, and ought not, therefore, to be sanctioned or allowed, except in cases of actual necessity, for repelling invasion or suppressing insurrection or rehellion j And the President did further, in the same proclamation, declare that the policy of the Gov- ernment of the United States, from the beginning of the insurrection to its overthrttw and final suppression, had been conducted in conformity with the principles in the last-named proclama- tion recited ; And whereas the President, in tho said proo- Irtmation of the thirteenth of June, one thousand eight hundred and sixty-five^ upon tho grounds therein stated and hereinbefore recited, did then and there proclaim and declare that the insur- rection which heretofore existed in tho several ■Scales before named, except in Texas, was at an iTi'l and was hcnoelbrth to be so regarded; And whereas, subsequently to the said second day of April, one thousand eight hundred and eizty-siz, the insurrection in the State of Texas has been completely and everywhere suppressed and ende3, and the authority of the United States has been successfully and completely es- tablished in the said State of Texas, and now re- mains therein unrestricted and undisputed, and such of the proper United States officers as have been duly commissioned within the limits of the said State are now in the undisturbed exercise of their official functions ; And whereas the laws can now he sustained and enforced in the said State of Texas by the proper civil authority* State or Federal, and the people of the said State of Texas, like the people of other States before named, are well and loy- ally disposed, and have conformed or will con- form in their legislation to the condition of afi'airs growing out of the amendment of tho Con- stitution of the United States prohibiting slavery within the limits and jurisdiction of the United States ; And whereas all the reasons and conclusions set forth in regard to several States ft.irein spe- cially named now apply equally ani in all re- spects to the State of Texas, as well as to the other States which had been involved in insur- rection : V [L. S.] And whereas adequate provision has been made by. military orders to enforce the exeoutipn of the acts of Congress and the civil authoritira, and secure obedience to the Constitution and laws of the United Slates within the State of Texas, if a resort to military force for such puj:- pose should at any time become necessary ; Now, therefore, I, Andrew Johnson, President of the United States, do hereby proclaim and de- clare that the insurrection whicn heretofore ex- isted in the State of Texas is at an end, and is to be henceforth so regarded in that State, as in tho other States before named, in which the said in- surrection was proclaimed to be at an end by the aforesaid proclamation of the second day of April, one thousand eight hundred and sixty-six. And I do further proclaim that the said in- surrection is at an end, and that peace, ordei' tranquillity, and civil authority now exist in and throughout the whole of the United States of America. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this twen- tieth day of August, in the year of oar Lord one thousand eight hundred and sixty-six, and of the independence of the United States of America the ninety -fiist. Andkbw Johnson. By the President : Wm. H. Sbwabd, Secretary of State. Bespeoting American Merchant Vessels Stopping or Anchoring in Certain Forts of Japan, Jaun- ar7l2,1867. Whereas in virtue of the power. conferred by the act of Congress approved June 22, 1860, sec- tions 15 and 24 of which act were designed by proper provisions to secure theBtrict neutrality of citizens of the United States residing in ui visiting the empires of China and Japan, a noli* fioation was issued on the 4th of August last by the Legation of the United States in Japan, through the consulates of the open ports of that empire, requesting American shipmasters not to approach the coasts of Lucoa and Nagato pend- ing the then contemplated hostilities between tl\e Tycoon of Japan and the Daimio of the said provinces ; And whereas authentic information having been received by the said Legation that saoS: hostilities had actually commenced, a regulation, in furtherance of the aforesaid notification and pursuant to the act referred to, was issued by the Minister Resident of the United States in Jspaa. forbidding American merchant vessels from stop-, ping or anchoring at any port or roadstead in that country except the three open ports, viz : Kana- gawha, (Yokohama.) Nagasaki, and Hakodate, unless in distress or forced by stress of weather,i as provided by treaty, and giving notice tljai masters of vessels committing a breach of the regulation would thereby render themselves lia-:. ble to prosecution and punishment, and also to forfeiture of the protection of the United States if the visit to such non-opened port or roadstead should either involve abreaoh of treaty or be construed as an act in aid of insurrection or rebellion: PROCLAMATIONS AND ORDERS. 197 Now, therefore, be it known that I, Andrew Johson, President of the United States of Amer- ica, with a view to prevent acts which might injuriously affect the relations existing between the Government of the United States and that of Japan, do hereby call public attention to the aforesaid notification and regulation, which are hereby sanctioned and confirmed. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be afiBxed. Done at the city of Washington, this twelfth day of January, in the year of our Lord [seal.] one thousand eight hundred and sixty- seven, and of the independence of the United States the ninety -first. Andbew Johnson, By the President : William H. Sewaed, (Secretory of State. Bespecting Decree of Maximilian, August 17, 1866. Whereas a war is existing in the Republic of Mexico, aggravated by foreign military inter- vention ; And whereas the United States, in accordance with their settled habits and policy, are a neu- tral Power in regard to the war which thus af^icts the Republic of Mexico ; And whereas it has become known that one of the belligerents in the said war — namely, the Prince Maximilian — who asserts himself to be Emperor in Mexico, has is.'^ued a decree in regard to the port of Matamoros, and other Mexican ports which are in the occupation and possession of another of the said belligerents — namely, the United States of Mexico — which decree is in the following words : " The port of Matamoros, and all those of the northern itontier which have withdrawn from their obedience to the Government, are closed to foreign and coasting traffic during Bncb time as the empire of the law shall not be therein re- instated. ^ " AllT. 2. Merchandise proceeding from the said ports, on arriTing at any otlier where the excise of the .empire is col- lected, shall pay the duties on importation, introduction, and consumption, and, on satisfactory proof of contraven- tion, shall be irremissibly confiscated. Our Minister of the Treasury is charg place, that many mohtha had elapsed without accompllsliing the arrest of iheso parties. I was entirely satisfied that they were not in the United States, and that if any arrest was made it would have to be by government officials, who ought not to have any pretence of claiming the reward ! be- sides, I thouRlit that if the proclamation waS withdrawn It would probably induce these parties to believe that pursuit was over, and thoy might return to the ITnited States and be arrested. For these reasons I thought it expedient to revoke the order; It was done oil my own responsibility, the President left it at my discretion to do as I thought best in the matter. PROCLAMATIONS AND ORDERS. IbO Those who belong to the military service, and their term unexpired, will be returned to their command, if it is still in service, and their re- lease is conditional upon their serving their full term and being of good behavior. By order of the President of the United States : E- D. TOWHSEND, Assistant Acljutant Qeneral. Beoo&BtTactloii in Tesaa. @IATE DePABIMENT, Au^iN, Texas, July 26, 1866. Hon. W. H. Sbwaed : Plejioo infornj, lae by trfegram whether or not it is the will of the President that the Legisla- ture of Texas shay meet on the 6th day of Au- gust, and General Throel^morton be inaugurated on the 9th? Will the Legislature he permitted to assemble without Uje inauguration of the Governor-elect ?. If so, what am I expected to do? You will perceive by reference to your dis- Satoh of July 17 that my instructions are not efinite. My solicitude increases as the time for the meeting of the Legi9lature approaches. Yoon obedient servant, Jakes H. BeijL, Seeretofry cf State of Ikcaf, Wab Depaetmem, Washingiom, July 28, 1866. To James H Bell : Y'our telegrams of the 2l8t and 26th of July, reeeived. The President directs me to say that the Legislature of Texas will assemble and or- fanize on the 6th of Augiji&t without hindrance. he Govern or elect, Mr. ThroAmorton, will be inaugurated on the 9th without hindrance. When you have reported the organization and inauguration to this Department, by telegraph or otherwise, the provisional governor will be, ie^ev-ed, and the goveicnmept will be transferred to the elected autborities of Texas. Until the receipt of such notice by yourself, or by the Gov- ernor-elect, the condition of affairs will remain in the proviyonal government, as heretofore, eixcept the organization and inauguration afore- stated. Wm. H. Sewaep, Secretary of Sta(^ Washington, D. C„ Oetober 3Q, 1866. Governor TaEOOKMpaioK ; Your telegrain of the 29th instant just re- ceived. I have uothpg further to suggest than urging upon the I^egiplatnre to make all laws invoiving civil rights ^ pomplete as possible, so 8^ to exten4 equiW an4 exapt justice to ^11 per- sons, without regard tP polor, if it has not been done. We should not despair of the Eepublio. JJy faith is strong. My confidence is unlimited in the wisdom, prudence, virtue, intelligence, and magnanimity of the groat mass of the peo- , pie ; and that their ultimate decision will be un- influenced by passion and prejudiee,, engendered by the recent civil war, for the complete restora- i.tLom of the Union by the admission of loyal Rep- fQsentatjves and Senators from all the Statei to the respective Houses of the Congress of the Unitod States. Andrew Johnson. To CJ-ov. Brownlow, of Tenneasoe,* WASHiNaioN, July 20, 1865. Hon. W. G. Bbowjstlow : I hope and have no doubt you will see that the recent amendments to the Constitution of the State, as adopted by the people, and all laws passed by the last Lpgielature in pursuance thereof, are faithfully aiid fairly executed, and that all illegal votes in the approaching election be excluded from the polls, and the election for members of Congress be legally and fairly con- ducted. When atid wherever it becomes neces- sary to em'ploy force for the execution of tho laws and the protection of the ballot-box from violence and fraud, you are authorized to call upon Major General Thomas for sufioient force to sustain the civil authorities of the State. I have received your recent address to the people, and think it well-timed, and hope it will do much good in reconciling the opposition to the amendment of the constitution and the laws passed by the last Legislature. The law must be executed and the civU auThority sustained. "In your efforts to do this, if necessary, General Thomas will afford a sufficient military force. You are at liberty to make what use you think proper of this dispatch. Andrew Johnson. T« Montgomery Blair, Foatmaster General. Nashville, November 24, 1863. To Hon. M. Blaib, Postmaster General : I hope that the President will not be commit- ted to the proposition oi States relapsing into territories and held as such. If he steers clear of this extreme, his election to the next Presi- dency is without a reasonable doubt. I expected to have been in Washington before this time, when I could have eonversed freely and fully in reference to the policy to be adopted by the Gov- ernment; but it has been impossible for me to leave Nashville. I will be there soon. Tbe in- stitution of slavery is gone, and there is no good reason now for destroying the States to bring about the destruction of slavery. Andrew Johnson. General Grant's Bevocation of Order Respecting Disloyal Newapapers.t Headquarters Armies opihe United States, Washington, July 24, 180S. The order of February 17, 1866, from these headquarters directing department commanders to forward copies of such newspapers published within their respective commands, as contained sentimeiits of dlslcgralty, Ac, is hereby revoked. By command of Lieut. Gen. Grant, Geo. K. Leet, Assistant Adjutant General. Aasigning Commanders to military DietrictSi March 11, 13, and IS, 1867. Headquakters op the Armv, Adjutant General's Office, Washington, March 11, 1867. Gensiul Orders No. 10. * * * * * II. In pursuance of the act of Congress ea- *An iDcompleto copy of this telegram is printed on pago 27 of the Political M.imial for 18C6. f Sot original order aea Manuul for 1806, p. 12,1. 200 POLITICAL MANUAL. titled " An act to provide for the more efficient fovernment of the rebel States," the President irects the following assignments to be made : First District, State of Virginia, to be com- manded by Brevet Major General J. M. Sohofield. Headquarters, Richmond, Va. Second District, consisting of North Carolina and South Carolina, to be commanded by Major General D. E. Sickles. Headquarters, Columbia, Third District, consisting of the States of Geor- fia, Florida, and Alabama, to be commanded by lajor General 6. H. Thomas. Headquarters, Montgomery,' Ala. Fourth District, consisting of the States of Mississippi and Arkansas, to be commanded by Brevet Major General E. 0. C. Ord. Headquar- ters, Vicksburg, Miss. Fifth District, consisting of the States of Lou- isiana and Texas, to be commanded by Major General P. H. Sheridan. Headquarters, Hew Orleans, La. The powers of departmental commanders are hereby delegated to the above-named district commanders. By command of General Grant. E. D. TOWNSEND, Assistant Adjutant General. HEADftUAETEES OP THE ABMT, Adjctakt Geneeal's OFnoE, Washington, March 12, 1867. General Orders No. 14. By direction of the President, the following changes are made in Geographical Departments as now constituted. 1. The States of West Virginia, Tennessee, and Kentucky to constitute the Department of the Cumberland, Brigadier and Brevet Major General John Pope to command. Headquarters, Louisville, Ky. ^2. The counties of Alexandria and Fairfax, Virginia, are annexed to the command of the First District. 3. Indian Territory is attached to the Depart- ment of the Missouri. By command of General Grant. E. D. ToWNSEND, Assistant Adjviant General. HEAIKlIfAETEEB OF THeAeMT, Adjutant Geheeal's Opfioe,' Washington, March 15, 1867. The President directs that the following changes be made, at the request of Major Gen- eral Thoma«, in the assignment announced in General Orders I^o. 10, of March 11, 1867, of commanders of districts under the act of Congress entitled "An act to provide for the more effi- cient government of the rebel States," and of the Department of the Cumberland created in Gen- eral Orders No. 14, of March 12, 1867 : Brevet Major General John Pope to command the Third District, consisting of the States of Georgia, Florida, and Alabama, and Major General George H. Thomas to command the Department of the Camberland. By command of General Grant. • B. D. TOWNSEND, Assistant Adjutant General. Orders in First Military District. HEADftDAETEES FlEST DiSIEIOT, State of Vieginia, EiOHMOND, March 13, 1867. General Orders No. 1 : - 1. In compliance with the order of the Presi- dent, the undersigned hereby assumes command of the First District, State of Virginia, under the act of Congress of March 2, 1867. - . 2. All officers under the existing provisional" government of the State of Virginia will com-^^ tinue to perform the duties of their respective offices, according to law, unless otherwise here- after ordered in individual cases, until their suc- cessors shall be duly elected and qualified, in accordance with the above-named act of Con- gress. 3. It is desirable that the military power con- ferred by the before-mentioned aet be exercised only so far as may be necessary to accomplish the objects for which that power was conferred, and the undersigned appeals to the people of Virginia, and especially to magistrates and other civil officers, to render the necessity for the exercise of this power as slight as possible, by strict obedience to the laws, and by impar- tial administration of justice to all classes. 4. The staff officers now on duty at headquar- ters Department of the Potomac are assigned to corresponding duties at headquarters First Dis- trict, State of Virginia. J. M. Sohofield, Brevet Major General, U. S. A. Headiiuaetbbs Fiest Disteiot, State op Vieqinia, BicHMOND, Va., March 15, 1867. General Orders No. 2. I. The following extract of an act of Congress is re-published for the information and govern- ment of all concerned : [Public— No. 85.] An Act making appropriations for the support of the army for the year ending June thirtieth, eighteen hundred and sixty-eight, and for other purposes. ***** Sec. 5. And be it further enacted, That it shall be the duty of the officers of the army and navy and of the Freedmen's Bureau to prohibit and prevent whipping or maiming of the person, as a punishment for any crime, misdemeanor, or offence, by any pretended civil or military au- thority, in any State lately in rebellion, until the civil government in such State shall have been restored, and shall have been recognized by the Congress of the United States. * * » Approved March 2, 1867. II. In pursuance of the provisions of the 5th section of the act, as above cited, whipping or maiming of the person, as a punishment of any crime, misdemeanor, or offence, is hereby pro- hibited in this district. By Command of Brig, and Bvt. Mai. Gen. J. M. Schofield, U. S. A. S. F. Chalfin, a. a. G. HEADdUAETEES FlEST DiSTEIOT, State of Vieginia, Eichmond, Va., March 15, 1867.- I. The following extract of an act of Congress is re-published for the information and govern- ment of all concerned : PROCLAMATIONS AND ORDERS. 201 [Public— No 85.] An Act making appropriations for the su'pport of the army for the year ending June thirtieth, eighteen liundred and sixty-eight, and for other purposes. * * * * 'Sec. 6. And be it further enacted, That all nulitia forces now organized or in service in either of the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Louisiana, Mississippi, and Texas, be forthwith disbanded, aad that the further organization, arming, or calling into service of the said militia forces, or any part thereof, is hereby prohibited under any circumstances whatever, until the same shall be authorized by Congress. * * * Approved March 2, 1867. By command of Brig, and Bvt. Mai. Gen. J. M. Sohofield, U. S. A. S. F. Chalfin, A. A. G. Headq,daetek3 First Disteioi, State of Virginia, Richmond, Va., April 2, 1867. Spedal Orders, No. 16. [Extract.] 1. A board of oflicers is hereby appointed to select and recommend to the commanding gen- eral for appointment persons to form boards of registration throughout the district, as required by the act of March 23, 1867. The persons required will be one registering officer for each magisterial district of a county, or ward of a city at large, and two, four, or six for the county or city at large, according to the size of the county or city, so as to form with the registering officers of the several districts or wards, one, two, or three boards of registration for the county or city. An officer of the army or Freedmen's Bureau will, if possible, be selected as a member of each board; and the other two will be selected from the following classes of persons, viz : Ist, Officers of the United States army, or of volunteers v/ho have been honorably discharged after meritori- ous services during the late war. 2d, Loyal cit- izens of the county or city, for which they are selected. 3d, Any other loyal citizens having the proper qualifications. These hoards must be composed of men who not only are now, but always, have been, loyal to the Government of the United States ; men of .high character, and sound, impartial judg- ment, and, as far as possible, men who have the confidence of all classes of citizens. No registering officer shall be a candidate for any elective office while holding the office of reg- istering officer. With their recommendations for appointment, the board will report to the commanding general a brief of the testimonials and other evidence upon which their selections are based. The board will appoint from time to time their selections for particular counties or cities, with- out waiting to complete the list. DETAIL FOE THE BOAED. Brevet Lieutenant Colonel George Gibson, jr., Captain 11th U. S. Infantry ; Brevet Major C. E.ltayton, Captain 11th U. S. Infantry ; Brevet Major D. M. Vance, Captain llth U. S. Infantry ; Captain Garrick Mallery, 43d IJ. S. Infantry i Captain J. A. Bates, 43cl U. S. Infantry. * By command of Brigadier and Brevet Major GeneralJ. M.Sohofield.U. S. A. S. F. Chalfiit, a. a. 0. Headquaetees Fiest Disteici, State op Virginia, EiCHMOND, Va., April 2, 1867. Qenernl Orders, No. 8. All elections, whether State, county, or muni- cipal, under the provisional government of Vir- ginia, are hereby ordered to be suspended until the registration provided for by the ac^ of Con- gress of March 23, 1867, shall be completed. Vacancies which may occur in the' meantime will be filled by temporary appointments, to be made by the Commanding General. By command of Brigadier and Brevet Major General J. M Schofteld, U. S A. S. F. Chalfin, a. a. a. Headquaeiees First Disteici, State op '^eginia, Richmond, Va., April 5, 1867. General Orders, No. 9. In pursuance of the acts of Congress of March 2 and 23, 1867, all officers hereafter to Be elected or appointed under the provisional government of Virginia will, in addition to the oath of office prescribed by the laws of the State, be required to take and subscribe the following oath : " I, , do solemnly , in the presence of Almighty God, that I have net been disfrat- chisea for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or of tlie United States ; that I have never been a mem- ber of any fetate Legislature, nor held any exec- utive or judicial office in any State, and after- ward engaged in insurrection or rebellion against the UnitedStates, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a mem- ber of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterward engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, en- courage others so to do ; so help me God." By order of Brigadier and Brevet Major Gen- eral J. :^.Schofield,U. S.A. S. F. Chalfin, A. A. G. Orders in Second Military District. HEADdUAETEES Dep't OF THE SoUTH, Chaeleston, S. C, March 8, 1867. General Orders, No. 26. Whipping or maiming of the person, as a pun- ishment for any crime, misdemeanor, or offence, being now prohibited by the laws of the United States, all officers of the army and Freedmen's Bureau on duty in this Department, are hereby directed to prevent the infliction of such punislJ. ment by any authority whatever. By command of Brevet Maj. Gen. Robinson. Jko. E. Mtjeiok, a. A. A. G. A like order was issued in each of the other Districts. 20i POLITICAL MANUAL. HEADaUAETEES Dep't OF THE SoUTH, Chaelesion, S. C, March 13, 1867. Oenural Orders, No. 27. An official copy of the law, entitled ,'' An act to provide for the more efficient government of the rebel Slates," having been received at these headquarters, it is hereoy announced, for the information and government of all concerned, that the said law is in force within the military district composed of North Carolina and South Carolina, from this date. By command of Brevet Maj. Gen. J. 0. Rob- inson. Jho. R. Mteick, a. a. a. O. Heasquartebs Second Muitabt Disthict, (NoRiH Casoliha and South Carolina,) CoLcuBiA, S. C, March 21, 1867. General Orders, No. 1. I. In compliance with General Orders No. 10, Headquarters of the Army, March 11, 1867, the undersigned hereby assumes command of the Second Military District, constituted by the act of Congress, Public No. 68, 2d March, 1867, en- titled "An act for the more efficient government of the rebel States." II. In the execution of the duty of the com- manding general to maintain the security of the inhabitants in their persons and property, to suppress insurrection, disorder, and violence, smd to punisu or cause to be punished all disturb- ers of tne public peace and criminals, the local and civil tribunals will be permitted to take jurisdiction of and try offenders, excepting only Buch cases as may, by the order of the command- ing general, be referred to a commission or other military tribunal for trial. III. The civil government now existing in North Carolina and South Carolina is provisional only, and in all respects subject to the paramount au- thority of the United States, at any time to ?,bolish, modify, control, or supersede the same. Local lajvs and municipal regulations not incon- sistent with the Constitution and laws of the United States, or the, proclamations of the Pres- ident, or with such regulations as are or may be prescribed in the orders of the commanding gen- eral, are hereby declared to be in force ; and in conformity therewith, civil officers are hereby ftuthorized to continue the exereise of their proper functions, and will be respected and (djeyed bv the inhabitants. I V. whenever any civil officer, magistrate, or court neglects or refuses to perform an official act properly required of such tribunal or officer, whereby due and rightful security to person or property shall be denied, the case will be re- ported by the post commander to these head- quarters. V. Post commanders will cause to be arrested persons charged with the commission of crimes and offenses when the civil authorities fail to arrest and bring such offenders to trial, and will hold the accused in custody for trial by military commission, provost court, or other tribunal or- ganized pursuant to orders from these headquar- ters. Arrests by militarv authori^ will be reported promptly. The charges preferred will be accompanied by the evidence on which they are founded. VI. The commanding general desiring to pio- serve tranquillity and order by means and agep" cies most congenial to the people, solicits, thje zealous and cordial co-operation of civil officerB in the discharge of their duties, and the aid of all good citizens in preventing conduct tending to disturb the peace; and to tne end that occa- sion may seldom arise for the exercise of military authority in matters of ordinary civil adminis- tration, the commanding general respectfully and earnestly commends to the people and au- thorities of North and South Carolina unreserved obedience to the aathority now established, and the diligent, considerate, and impartial execution of the laws enacted for their government. VII. All orders heretofore published to the Department of the South are hereby continued in force. VIII. The following-najned officers are an- nounced as the staff of the major general com- manding: * * * * D. E. Sickles, Major. General Commanding. HZASaUABTEBS SEOOKB MiUTAET DISTRICT, , ^ (North Carolina and South Carolina,) Charleston, S. G , ^pril 1, 1S67. General Orders, No. 5. ' When an election for district, county, monicij pal, or town officers is required to take place, in accordance with the provisions of the local law, within the limits of any post in this command, command officers will promptly report to these headquarters the time and place of such election and the designation of the offices to be filled. , If the present incumbents be ineligible to hol^ office, or any objection exists, arising out of their misconduct in office, to the continuance of theii; functions, the facts will be reported by the post commander with his suggestions, having in view the interests of the service and the welfare of the locality immediately concerned. By command of Major General D. E. Sickles^ J. W. Clous, A A 4. G. [By Telegraph.] Chaeleston, S. C, April 1, 1867. Brvt. Brig. Gen. Geeen, Commanding Itichlatii District ; The election [for sheriff] will not be held.^ When will the term of the present incumbent expire? A successor will be appointed. By command of Gen. Sickles. J. W. Cloos, a. a. A.a.\ HEADdUARTERS SECOND MlUTART DISTRICT, '^ Charleston, 8. C, April 11, 1867. : Gteneral Orders, No. 10. The general destitution prevailing among the population of this military district cannot be re- lieved without affording means for the develop- ment of their industrial resources. The nsvture and extent of the destitution demand extraqrdit nary measures. The people aie borne down by a heavy burden of debt, the crops of grain! and. garden produce failed last year, many families have been deprived of shelter, many more nee^ food and clothing, needful implements and aux^ iliaries of husbandry are very scarce ; the laboring population in numerous localities are threatened, with starvation unless supplied with food by th^ Government of the United States ; the inatiUty of a large portion of the people to pay taxet PROCLAMATIONS AND QllDlSRS. 203 'leaves the local authorities without adequate means of relief, and the gravity of the situation is increased by the general disposition shown by creditors to enforce upon an impoverished peo- ple the immediate collection of all claims. To suffer all this to go on without restraint or remedy ia to sacrifice the general good. The rights of creditors shall be respected, but the appeal of want and suffering must be heeded. Moved by 'these considerations, the following regulations are announced. They will continue in force with such modification as the occasion may re- quire uulil the civil government of the respective States shall be estaoliahed in accordance with the requirements of- the Government of the United States. The commanding general earn- estly desires and confidently believes that the observance of these regulations and the co-opera- tion of all persons concerned in employing fairly and justly the advantages still remaining to them, will mitigate the distress now existing, and that the avenues of industry, enterprise, and organization thus opened will contribute to the permanent welfare and future happiness of the people. ^ I. Imprisonment for debt is prohibited, unless the defendant in execution shall be convicted of a fraudulent concealment or disposition of his property with intent to hinder, delay, and pre- vent the creditor in the recovery of his debt or demand, and the proceedings now established in North and South Carolina respectively, for the trial and determination of such questions, may be adopted. II. Judgments or decrees for the payment of money on causes of action arising between the l9th of December, 1860, and the 15th of May, 1865, shall not be enforced by execution against the ' property or the person of the defendant. Proceedings in such causes of action now pend- ing shall be stayed, and no suit or process shall be hereafter instituted or commenced for any such causes of action. III. Sheriffs, coroners, and constables are hereby directed to suspend for twelve calendar months the sale of all property upon execution 0£- process on liabilities contracted prior to the |9tn of December, 1860, unless upon the written consent of the defendants, except in cases where the plaintiff, or in his absence his agent or at- torney, shall upon oath, with corroborative tes- timony, allege and prove that the defendant is removing or intends fraudulently to remove his property beyond the territorial jurisdiction of the court. The sale of real or personal property by foreclosure of mortgage is likewise suspended for twelve calendar months, except in cases where the payment of interest naoney accruing 4iiice the 15th day of May, 1865, shall not have been made before" the day of sale.' IV. Judgments or decrees entered or enrolled on causes of action arising subsequent to the 15lh of May, 1865, may be enforced by execution against the property of the defenaant, and in the application of the money arising uhder such executions, regard shall be had to the priority 6f liens, unless in cases where the good faith of any lien shall be drawn in question. In such Cages the usual mode of proceeding adopted in North and Soulh Carolina respectively to deter- iuine that question shall be adopted. V. All proceedings for the rocovejy of money I under contracts, whether under seal or by I parole, the consideration for which was the ! purchase of negroes, are su-spendeJ. Judgments I or decrees entered or enrolled for such causes of action shall not be enforced. I VI. All advances of moneys, sub, he paid out of any money in the State treasury uot otherwise appropriated ; Provided, That the force provided for by this act shall not be armed and equipped until called into active service by the Governor. tiEO. 3. That this act shall take effect from and after its passage. Standing, as I do, on the broad pnnciplea of the Constitution, and sworn to enforce the laws, T have no concessions to make to traitors ; no compromises to offer assassins and robbers ; and if, in the sweep of coming events, retributive jurtice shall overtake the lawless and violent, their own temerity will have called it forth. The outrages enumerated must and shall cease. Having reached the foregoing conclusion I feel justified in expressing the opinion that the "pres- ent State government in Tennessee — so gener- ally acquiesced in by loyal and law-abid^g people — will be sustained and preserved, despite all the efforts of disappointed traitors and .dis- loyal newspapers. The interests of trade, of agricultural pur- suits, of commercial intercourse between' th,is State and others — of the development of our vast resources, of immigration, as well as justice to loyal sufferers — all require that these outrages at once cease in every county'in the State. Dja- loyal men are giving forth tneir vile utterances in railroad cars, in public hotels, on the streets, and through the newspapers, damaging the ma- terial interests of the State, those of commerce, those of the mechanic arts, of religion and edu- cation, as well as bringing reproach upon the Commonwealth. I cannot, however, close this brief proclama- tion without endeavoring to impress upon my fellow-oitizenf of all parties the importance, the absolute necessity, of remaining quiet, of pre- serving good order, and a quiet suomission to, and a rigid enforcement of, the laws everywhere within tlie limits of our State. Outrages.upon loyal citizens, whether white or black, and lihe setting aside of the franchise law, are all the work of bad men, who desire to foment strife, and will not be tolerated. Prudent and experienced men will be placed in charge of the " Slate Guard " in every county where they are placed, who will be required'to protect all good citizens, irrespective of political parties, and to punish murderers, robbers, and all violators of law. And the number of troops called into active service will be increased or diminished as the good or bad conduct of tlie people shall be developed. Hoping this proclsi- mation will strengthen the hands and inspire the hearts of the loyal people of our State, as ti) tho future, and deter the disloyal from furthjir acts of violence, I respectfully submit it, with;* repetition of the assurance that I mean what"! say, and that the General Assembly was in ear- nest in the passage of this military law. In testimony whereof I have hereunto set my hand and caused the great seal of the State to be affixed at the executive department in Nashville, on the twenty -fifth day of February, 1867. [L.S.] William G. Bkownlow,. - Commander-in-Chief, Ao. xx. JUDICIAL OPINIONS. 7HE SUFKEVCE COTJBT. On Trial by UilitaTy Commissions, Dec. 17, 1866. No. 350.— Decembeb Teem, 1865. ExpaHe in matter of Lambdin P. MilUgan,pe- tvticner. On a certificate of division of opinion between the judges of the Circuit Court of the United States for the- District of Indiana. Mr. Justice Davis delivered the opinion of the Court. On the 10th day of May, 1865, Lambdin P. Milligan presented a petition to the circuit court of the United States for the district of In- diana to be discharged from an alleged unlawful in^risonment. The case made by the petition is this : Milligan is a citizen of the United States ; has lived for twenty years in Indiana, and at the time of the grievances complained of was not, and never had been, in the military or naval service of the United States. On the 5th day of October, 1864, while at home, he was arrested by order of tfeneral Alvin P. Hovey, command- ing the military district of Indiana, and has ever since been kept in close confinement. * On the 21st day of October, 1864, he was ' brought before a militay commission, convened at Indianapolis by order of General Hovey, tried on certain charges and specifications, found guilty, and aentenoea to be hanged, and the sen- tence ordered to be executed on Friday, the 19th day of May, 1865. On the 2d day of January, 1865, after the pro- ceedings of the military commission were at ah end, the circuit court of the United States for Indiana met at Indianapolis and empanneled a grand j ury, who were charged to inquire whether Qie laws of the United States had been violated, and if so, to make presentments. The court ad- journed on the 27th day of January, having prior thereto discharged from further service the grand jury, who did not find any bill of indict- ment or make any presentment against Milligan for any offense whatever, and, in fact, since nis imprisonment no bill of indictment has been fonnd or presentment made against him by any grand jury of the United States. Milligan insists tLat said military commission had no jurisdiction to try him upon the charges preferred, or upon any charges whatever ; be- cause he was a citizen of the United States and the State of Indiana, and had not been, since the commencement of the late rebellion, a resi- dent of any of the States whose citizens were ar- rayed against the Government, and that the right of trial by jury was guaranteed to him by the Constitution of the United States. The prayer of the petition was, that under the act of Congress approved March 3, 1863, en- titled "An act relating to habeas corpus, and regulating judicial proceedings in certain cases," he may be brought oefore the court, and either turned, over to the proper civil tribunal', to be 14 proceeded against according to the law of tbe land, or discharged from custody altogether. With the petition were filed the order for the commission, the charges and specifications, the findings of the court, with the order of the War Department, reciting that the sentence was ap- proved by the President of the .United States, and directing that it be carried into execution without delay. The petition was presented and filed in open court by the counsel lor Milligan j at the same time the district attorney of the United States for Indiana appeared, ana, uy ins agreement of counsel, the application was sub- mitted to the court. The opinions of the judges of the circuit court were o^osed on three ques- tions, which are certified to the Supremo Court : Ist. "On the facts stated in said petition and exhibits, ought a writ of habeas corpus to be issued?" 2d. " On the facts stated in said petiti#n and exhibits, ought the said Lambdin P. Milligan to be discharged from custody, as in said petition prayed?" 3d. " Whether, upon the facts stated in said petition and exhibits, the military commission mentioned therein had jurisdiction legally to Xxy and sentence said Milligan, in manner and I'aria as in said petition and exhibit is stated ?" The importance of themain question prces^ated by this record cannot be overstated ; for it in- volves the very framework of the GT6rnment and fundamental principles of American liberty. Duritig the late wicked rebellion, the temper of the times did not allow that calmness in de- liberation and discussion so necessary to a coxr- rect conclusion of a purely judicial questjoB, Then considerations of safety were mingled withi the exercise of power, and feelings and iate-resfea prevailed which are happily terminated. Now that the public safety is assured, this question, as well as all others, can be discussed and de- cided without passion or the admixture of any element not req-aired to form a legal judgment. We approach the investigation of this case, fully sensible of the magnitude of the iBquirj- and the necessity of full and cautious deliberation. But we are met with a preliminary obj^ctiftn. It is insisted that the Circuit Court of Indiana had no. authority to certify these qaestions, and' that w» are without jurisdiction to. hear and- determine- them. The sixth sectioa of the "Act to amend; the judicial system, of tbe United- States," ap- proved April 29s, ISOa declares " that whenever- any question sbaU oeour before. a circuit court, upon which theopiajons of the judges shall bo- opposed, the poJiB.t upon, which the disagreeraenti- shall happen shaji; auring the same term, upoij. the request of eijlher. party or their counsel-,' be. stated under- the direction of the judges, audi certified, usnd^r the sealf of the court, to the Su- preme Coaf:ti at their next session to be held-: tbereafter^^^ shall by-the said Court be fi.nai}^ 210 POLITICAL l^ANUAL. decided ; and the deoision of the Supreme Court and their order in the premises shall be remitted to the circuit court and be there entered of recorcj, and shall have effect according to the nature of the said judgment and order: Provided, That nothing herein contained shall prevent the cause from proceeding, if, in the opinion of the court, further proceedings can be had virithout prejudice- to the merits." It is under this provision of law that a, circuit court has authority to certify any question to the Supreme Court for adjiudjoatiou. The in- quiry, therefore, is, whether the case of Milli- gan is brought within, its, terms; It was admit- ted at the bar that the circuit court had juris- diction to entertain the application, for the writ oi habeas corpus and to hear and. deteimine it; and it could not be denied,, for the power is ex- pressly given in the lAth section of the judi- ciary act of l'if89„ as well as in the later act of 1863. Chief Jus,tice Marshall,, in , Bolknan's case, (4 Cranch,) construed this, branch of the judi- ciary act to authorize the courts, as well as the judges to issue the, writ for the. purpose of in- auiring into the cause of the commitment ;. and, this construction has never been departed from. But it is maintained' with earnestness and aibil- ity that a certificate of division of opinion can> eocur only in a cause ;, and that the proceeding by a party moving for writ of haSeas- corpus, does not become a cause until after th'e writ has been issued and. a return made. Independently of the provisions of the act of Congress of March 3, 1863;. relating to liabeas cotpus, on which the petitioner bases, his, claimr &r relief, and which we will presently consider, ,ean this position- be snstained? It is true that it is usual for a court, on appli- «ation for a writ of habeas corpus, to issue the writ, and on the return to dispose of; the case; but the court can elect to waive the issuing, of .the writ and consider whether, upon the facts: Bieseated in the petition, the prisoner, if brought, before it, could be discharged. One of the very points .on which the case, of TobiasiWatkins,, re- ported iia 3 Peters, turned was, whether, if the writ was issued, 'the petitioner would be re- manided'upoAdfhecase which he had made. The Chief Jinstice„in delivering, the opinion cf theCouit, said: " The cause of imprisonment , is shown as fully by the petitioner, as it, could, appear on the return of the writ; consequently the writ ou^t not to be awarded if the court is satisfied thatrti&e prisoner would be remanded to prison."' The judg«s ,af the circuit court of Indiana were therefore ■jwaaranted by an expresi^ decision, of this Court in .'refusing the writ, if satisfied, that the .-prisoner, .on his own showing, was rightfallyidetainefl,; but, it is contended, if tljiey difiered about .the lawfulness of the imprison- ment, and could reader no judgment; the pris- oner is remedilesSi.and -cannot have the disputed question certified .-under the act of 1802 His , remedy is complete by writof error or appeal, ifi the court renders a final judgment, refusing to discharge him; but if he should be so unfortu- nate as to be placed in .the predicament of. hay- ing the court divided, on the question whether, h& should iiye or die, ;heris 'hopeless and without remedy. He wishes the vital question settled,, not by a single judge at his charabeis, but by toe.ingLest tribunal known to the Conslitutiou ;- and yet the privilege is denied him, because the circuit court consists of two judges instea-' one. Such, a result was not in the contempla-,' tion of the Legislature of 1802, and the langua<^ used by it cannot be constraedfto mean any such thing. The clause under consideration was in- troduced to further the ends of justice by obtain- iing a speedy .settlement of important questions' 'where the judges might beop-posed in opinioJK The act of 1802so changed the judicial systein 'that the circuit court, instead of three, was; composed of two judges-; and without this pro-, 'vision, or a kindred one, if the judges dimered, ;the differenoS would remain, the question be un-" settled, and justice denied. The decisions of diia court upon the provisions of this section have been numerous. In United States vs. Daniel,^ (6 Wheaton) the c6urt,in holding, that a divi'sidii jof the judges on amotion for- a new trial tfouid' not he, certified, say : " That the question must be one which arises in a case depending befbrBr the court rel'ative to a proceeding belongi'ilg t'o the cause." Testing Milligan's case by tills rilft? of law-,, is it not appareat that it is rightfaHy Ihere,. and that we are compelled to answer the' questions on which the judges below were Op-, posed in opinion ? I'f, in the sense of the law-,, ;the proceeding for the writ of habeas rorpus was the "cause" of the party applying for it, then it is evident that the " cause " was pendi"fie before the court and thai the qjuestions certified arose out of it, belonged to it, and were mattersi' of right and n.ot of discretion. B,ut itis argued that the proceeding does nOtf ripen into a cause until there are two parties to it. This we deny. It was the cause oi MilligS,ll" when the petition was presohtied' to the circuit court. It would have oeen thei came of bot'li Earties, if the court had ias-ucd tlie writ and rought those who held Milligan in custody be- fore it. Webster defines tlie word- " cause " thus :■ "A suit or action in court; any legal proce'^ which a party, institutes to obtain, his demand', or by which he seeks his right, or supposBd' right ' — and he says, "this is a legal, scriptural*, and popular use of the word, coinciding nearly with case, from cad'o, and action, fVom ago, to urgB and drive." In any legal sense, action, suit, and cause art! convertihle terms. Milligan supposed he lia'd'a right to test tlie validity of his trial and seil-- tenoe ; and tlie proceeding, which he set in opera- tion, for that purpose was liis "cause" or "suit." It was the only one by which he could recovet his liberty. He was powerless to do more; hW could neither instruct the judges nor co'hti'6'11 their action, and should not suffer, becan.sfe, with- out fault of his, they werfi unable to render i: judgment. But the true meaning" to tile lerW "suit" has been given by this Court. tie of the- questions in Weston vs. City Council' of Charleston (2 Peters) was, whethera writ of 'pro- ^ hibition was a suit ; and Chief Justice Marsustll^ Isays: "The term is . certainly a comprehensiVS one and is understood' to apply to any proceed'- jing in a court of justice by which an individttail' pursued that remeay which the law affords him." JUDICIAL OPINIONS. 211 ^Sj't&Jnly Mi'lHgari pursued tlie only remedy ■Wuich the law afforded' bim.- „ Again, in Cohens vs. Virginia, (& Wheaton,) fie says : " In la^? la'.nguage a suit is tbe prose- cution of Borne demand in a court of justice." Also, " to commence a suit is to deSiand some- fcing by the institution of 'prociess in a court of justice ; and to prosecute the suit is to continue that demand." Wh6n Milligan demanded his telease by the proceeding relating to habeas cor- picHie commenced a suit, and he has since prose- qut'ed it in all the ways known to the law. One of the questions in Holmes ns. Jennison (14 Pe- ters) was', whether under the 2Sth section of the judiciary act a procieeding for a writ of habeas eotpus was a " suit." Chief Justice Taney held th'tit, " if a party is unlawfully imprisoned, the 'V^'rit of habias' corpus is his appropriate legal remedy. It is his suit in court to recover his liberty." There was much diversity of opinion on another gfound of jurisditition, but on this, that in the seflse of the 25t& section of the judi- ciary act, the profieeding by habeas corpus was a suit, was not Controverted by any except Bald- *itf. Justice, and he thought that "suit" and "cause," as usSd in thie section, mean the same thing. The couft do not say that a return must be made and the parties appear and begin to try the ca?6 before it is a suit. When the petition is filed and the writ prayed' for, it is a suit — the suit of the partjr making the- application. If it is a suit' uiider the 25th' section of the judiciary act, whftn the proceedings' are begun, it is, by all the analogies 6i the law, equally a suit under the 6th section 6f the act of 1802, Sut it is aV^ued that' there must be two parties to 'the suit, because the point is to be stated upon the request of " eithei'' party or their counsel." Such a literal atid technical construction would' defeat the very puTpo^e the liegislUture' had_ in view, whinh was to enable any party to'bring the case' here, when the pOint in controversy 'W'aS a matfei: of right and Uot of discretion ; and the Words " either psfrty," iU oi'der to prevent aMlure of justice, must be construed as words oi enlargement, Mdiot off Mrietion: Although tliis case is here es^cfrie, it was not considered by the court' below without notice having been given to the paVty supposed to have an interest in the detention of the prisoner. The- state- ments of the record show fhat this is not only a fair, but conclusive iflference. When the coun- sel for MilligSn presenteid tO'the cOnrt the peti^ tibn for the Writ of hdbias corpus, Mr. Hanna;; thedistrict attoitiey for I'ndiaUa,;als'0 appeared;' and, by agreeitient, the application was sub- Bitted to the court, 'who tbok the' Case under adViseriient', a'nd ou the next day announced their inability to agl'ee, and madfe'the certificate. It is clear that Mi^. Hanna did notrepresent the Petitioner, and 'w'hy is his appearance entered ? t adinits of no other Solution than this^that he was itifornied of the application, and ap' peared on behalf of the Qovernmentto contest it. The Gowrnment was the prosecutor of M411igan, ■who claimed that his imprisonment was illegal, arid nought, in the only way he could, to recover his liberty. The case waS a gl-avS one ; and the court, nnquestionably.directed that the law offioar of the&overament stould be informed of it. He Very properly appeared, and as the facts were uh- concroverted and the difficulty was in the applica- tion of the law, there was no useful purpose to be obWned in issuing the writ. The cause was, therefore, submitted to the court, for their con- sideration and determination. But Milligan claimed his discharge from custody by virtue of the act of Congress "relating to habeas corpus, and regulating judicial piiooeedings in certain cases," approved March 3, 1863. Did that act confer jurisdiction on the Circuit court of In- diana to hear this Case ? In interpreting a law, the Uiotives which must have operated with the i legislature in passing it are proper to be con- sidered. This law was passed in a time of great national peril, 'When our heritage of free govern- ment was in danger. Aft arnl ed rebellion against the national authority, of greater proportions thau history affords an example, was raging; and thepublic safety required that the privilege of the writ of habeas corput/Hhould be sUapendea'.- The President had practically suspended it, and detained suspected persons in custody without! trial ; but his authority to do this was questioned. It was olaiiaed that Congress alone could exercise this power, and that the legislature, and not the' President, should judge of th« political Con- siderations on which the right to suspend it rested. The privilege of this great writ had never before been 'withheld' from the citizen ; and, as the exigence of the' times demanded im- nlediate action, it was of the highest importance that the lawfu'lness' of the' suspension should be fully established. It wis Under these cirottiU- stances, which were such' as' to arrest the atten- tion of the country, that this law was passed'. The President was authorized by it to suspend the pri-vilege of the writ' of habeas corpus viiieU-' ever, in his judgrfient, the public Safety required ; and he did; by proclamation, bearing date the 15th of Septembei?, 1863; reciting among other things' the authority of this' statute, suspend it. The sUspensibn Of the Writ does not, authorize' the arfest of aUy one, but simply denies to one arrested the privilege of this writ in order tn obtain his liberty. It is prOpefr, thefefore, toin^uire under what circumstaubes tho' courts COold rightfully refuse to grant this 'writ, and when the citizen was at liberty to invoke its aid. The' second and third sections of the law are explicit on these points: The language used is plain and' direct, and' the ifieaning of the Con- gress- cannot be mistaken. The public safety de- m'anded, if the President thought proper to arrest a suspected person , that he should not be required to give the cadsb Of his detention on return to a writ of AdScas' c'orjBiis. But it was riot contem- plated that such person should be detained in custody beyofld a certain fixed period, unless certain judicial proceedings teown to the com.^ Irion la\V were coriiflienCed against him. The SecfeTtaries of State and War were directed to furnish to thd' judges Of the courts of the United States a'list of the names of all parties, not pris- oners' Of war, resident' in their respective juris- dictions, whO' then 'were or afterwards should be held' in- custody by the authority of the Presi- dent, and who were citizens of States in which 212 POLITICAL MANUAL. th«j administration of the laws in the Federal tribunals was unimpaired. After the list was fur- nished, if a grand jury of the district convened and' adjourned, and did not indict or present one of the persons thus named, he was entitled to liis discharge; and it was tlie duty of the judge of the court to order him brought before him to be discliarged, if he desired it. The refusal or omission to furuishithe list could not operate to the injury of any one who was not indicted or presented by the grand jury ; for if twenty days had elapsed from the time of his arrest and the termination of the session of the grand jury, he was equally entitled to his discharge as if the list were furnished ; and any credible person, on petition verified by affidavit, could obtain the judge's order for that purpose. Milligan, in his application to be released from imprisonment, averred the existence of every fact necessary under the terms of this law to five the circuit court of Indiana jurisdiction, f he was detained in custody by the order of the President, otherwise than as a prisoner of war ; if he was a citizen of Indiana, and had never been in the military or naval service, and the grand jury of the district had met, after he had been arrested for a period of twenty days, and adjourned without taking any proceedings against him, then the court had the right to en- tertain his petition and determine the lawfulness of his imprisonment. Because the word "court" is not found in the body of the second section, it was argued at the bar that the application should have been made to a judge of the court, and not to the court itself; but this is not so; for power is expressly conferred in the last proviso of the section on the court equally with a judge of it to discharge from imprisonment. It was the manifest design of Congress to secure a certain remedy by which any one deprived of liberty could obtain it, if there was a ludicial failure to find cause of offence against him. Courts, are not always in session, and can adjourn on the discharge of the grand jury ; and before those who are i? cppfinement could take proper steps to procure their liberation. To provide for this contingency, authority was given to the judges ont of court to grant relief to any pajrty who could show 'that, under the law, he should be no longer restrained of his liberty. It was insisted that Milligan'^ case was defective, because it did not state that the list was furnished to the judges, and, .therefore, it was impossible to say under which section of the act it was presented. It is not easy ,tp see how this omission could affect the question, of jurisdiction. Milligan could not know that the list was furnished, unless the judges volunteered to tell him ; for the law did not require that any .record should be made of it, or anjojody but the judges informed of it. Why aver the fact, when the truth of the matter was apparent to the court without an averment? How can Milligan be harmed by the absence of the averment when he states that he was under arrest for more than sixty days before the court and grand jury, which should have considered bis case, met at Indianapolis ? It is apparent, therefore, that under the habeas corpus act of 1863, "the circuit court of Indiana had complete jurisdiction to adjudicate upon this case, and if the judges could not agree on questions vital to the progress of the cause theyhad the authority, (as we have shown in a previous part of this opinion,) and it was their duty to certify those questions of disagreement to this Court for final decision. It was agreed that afin.il decision on the questions presented ought not to be made, because the parties who were directly concerned in-the arrest and detention of Milligan were. not before the court ; and their rights might be pre- judiced by the answer which should be givenio those questions. But this court cannot know what return will be made to the writ of habecu corpus when issued ; and it is very clear, that nc one is concluded upon any qviestion that njay be raised to that return. In the sense of the law of 1802, which.authorized a certificate of division, a final decision means final upon the points cer- tified ; final upon the court below, so that it is estopped from any adverse ruling in all the sub- sequent proceedings of the cause. But it is said that this case is ended, as the presumption is that Milligan was hanged in pursuance of the order of the President. Although we have no judicial information on the subject; yet the inference is that iie is alive ; for otherwise learned counsel would not appear for him and urge the Court to decide his case. It can never be in this country of written con- stitution and laws, with a judicial department to interpret them, that any Chief Magistrate would be so far forgetful of his duty as to order the ex- ecution of a man who denied the jurisdiction that tried and convicted him, after his case was before federal judges, with power to decide it, who, being unable to agree on the grave ques- tions involved, had, according to known laWj sent it to the Supreme Court of the United States for decision. But even the suggestion is injuri- ous to the Executive, and we dismips it from fur- ther consideration. There is, therefore, nothing to hinder this Court from an investigation of the merits of this controversy. The controlling question in the case is this ; Upon the facts stated in Milligan's petition, and the exhibits filed, had the military cominissioii mentioned in it jurisdiction legally to try and sentence him ? Milligan, not a resident of one of the rebellious States, or a prisoner of war, but a citizen of Indiana for twenty years past, and never in the military or naval service, is, while at his home, arrested by the military power of the United States, imprisoned, and, on certain crim- inal charges preferred against him, tried, con- victed, and sentenced to be hanged by a military commission, organized under the direction of the military commander of the military district of Indiana. Had this tribunal the legal powej and authority to try and punish this man ? N0 graver question was ever considered by this Court, nor one which more nearly concerns the rights of the whole people ; for it is the birth- right of every American citizen, when charged with crime, to be tried and punished according to law. The power of punishment is alone through the means which the laws have provide! for that purpose, and if they are ineffectu?,! ther0 is an immunity from punishment, no matter how great an offender the individual may be, or how much his crimes may have shocked the sense o^ JUDICIAL OPINIONS. 213 justice o? the country or endangered its safety. By tha protection of the law human rights are secured : withdraw that protection, and they are at the mercy of wicked rulers, or the clamor of an excited people. If there was law to justify this military trial, it is not our province to in terfere ; if there was not, it is our duty to de- clarethe nullity of the whole proceedings. The decision of this question does not depend on ar- gument or judicial precedents, numerous and highly illustrative as they are. These prece- dents inform ns of the extent of the struggle to preserve liberty and to relieve those in civil life from military trials. The founders of our Gov- ernment were familiar with tlie history of that ■ Btriliggls, and secured in a written constitution every right which the people had wrested from power during a contest of ages. By that Con- stitution, and the laws authorized by it, this question must be determined. The provisions of that instrument on the administration of crim- inal justice are too plain and direst to leave room for misconstruction or doubt of their true meaning. Those applicable to this case are found in that clause of the original Constitution which says, "that the trial of all crimes, ex- cept in case of impeachment, shall be by jury ;" and in the fourth, fifth, and sixth articles of the amendments. The fourth proclaims the right to be secure in person and effects against unreason- able search and seizure ; and directs that a judi- cial warrant shall not issue " without proof of probable cause supported by Wath or affirmation. ' ' The fifth declares " that no person shall be held to answer for a C3.pital or otherwise infamous crime unless on presentment by a grand jury, except in oases arising in the land or naval forces or in the militia when in actual service in time of war or public danger, nor be deprived of life, ■iiherty, or property without due process of law." And the sixth guaranties the right of trial by jury in such manner and with such regulations that with upright judges, impartial juries, and an able bar, the innocent will be saved and the guilty punished. It is in these words : " In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an im- partial jury of the State and district wherein the crime shall have been committed, which dis- trict shall have been previously ascertained by law, and to be informed sf the nature and cause of the accusation, to be confronted witli the wit- nesses against them, to have compulsory process ■for obtaining witnesses in his favor, and to have the assistance of counsel for his defence," These ssturities for "personal liberty thus embodied, were such as wisdom and experience had demon- strated to be necessary for the protection of those accused of .crime. And so strong was the sense of the country of their importance, and so jealous were the people that these rights, highly prized, might be denied them by implication, that when the original Constitution was proposed for adop- tion, it encountered severe opposition, and, but for the belief that it would be so amended as to isinbrace them, it would never have been ratified. ,' "Time has proven the discernment of our an- cestors ; for even these provisions,, expressed in Buch plain English words that it w6uld seein the ingenuity of man could not evade them, 4re now, after the lapse of more than seventy years, sought to he avoided. Those great and good men foresaw that troublous times would arise, when rulers and people would become restive under restraint, and seek, by sharp and decisive meas- ures, to accomplish ends deemed just and proper, and that the principles of constitutional liberty would be in peril, unless established by irrepeal- able law. The history of the world had taught them that what was done in the past might be attempted in the future. The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doc- trine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of Government. Such a doctrine leads directly to anarchy or despotism, but tlie theory of necessity on which it is based is false ; for the Government, within the Consti- tution, has all the powers granted to it which are necessary to preserve its existence, as has been happily proved by the. result of the great effort to throw off its just authority. Have any of the rights guarantied by the Constitution been violated in the case of Milli- gan ? and, if so, what are they ? Every trial involves the exerciiio of judicial power; and from what source did the military commission that tried him derive their authority ? Certainly no part of the judicial power of the country was conferred on them, because the Constitution ex- pressly vests it " in the Supreme Court and such inferior courts as the Congress may, from time to timel ordain and establish," and it is not pre- tended that the commission was a court ordained and established by Congress. They cannot jus- tify on the mandate of the President, beoause'he is controlled by law, and has his appropriate sphere of duty, which is to execute, not to make the laws; and'there is "no unwritten criminal code to which resort can be had as a source of jurisdiction." But it is said that the jurisdiction is complete under the " laws and usages of war." It can serve no useful purpose to inquire what those laws and usages are, whence they origina- ted, where found, and on whom they operate ; they can never be applied to citizens in States, which have upheld the authority of the Govern- ment, and where the courts are open and their process unobstructed. This Court has judicial knowledge that in Indiana the Federal authority was always unopposed, and its courts always open to hear criminal accusations and to redress grievances ; and no usage of war could sanction a military trial there, for any offence whatever, of a citizen in civil life, in no wise connected with the military service. Congress could grant no such power ; and, to the honor of our Na- tional Legislature be it said, it has nev^r been provoked by the state of the country even to at- tempt its exercise. One of the plainest consti- tutional provisions was, therefore, infringed when MiUigan was tried by a court not ordained and established by Congress, and not composed of judges appointed during good behavior, why was he not delivered to the circuit court of In- diana, to be proceeded against according to law? 234 POLITICAL MANUAL. No reason, of necessity could be urged against it, because Congress had declared penalties against the offences charged, provided lor their punish- ment, and dir.ected that coui-.t to heai' and deter- mine them. And soon after this military tribn- ual was ended the circuit court met, peacefully transacted its business, anda,djouru6d. It needed no bayonets to protect it, and required no mili- tary aid to execute its judgments. It was held in a State eminently distinguished for patriotism by judges commissioned daring the rebellion; who were provided with juries, upright, intelli- gent, and selected by a marshal appointed by 'the President. The Government had no right to conclude that Milligan, if guilty, would not receive in that coui't merited punishment, for its records disclose that it was constantly engaged in the trial of similar offences, and was never in- terrupted in its administration of criminal jus- tice. If it was dangerous in the distracted con- dition of affairs to leave Milligan unrestrained Government, afforded aid and coipfort to rebels, of his liberty because he " conspired against the and incited the people to insurrection, the law said arrest him, coafiue him closely, render him powerless to do further mischief, and then pre- sent his case to She grand jury of the district, with proofs of hia guilt, and, if indicted, try him according to the course of the common law. If this had^een done the Gonstitutioa would have been vindicated, the law of 1863 enfoi'ced, and the securitiea for personal liberty preserved and defended. Another guaranty of freedom was broken when Milligan was denied atrial by jury. The great minds of fte country have differed on the correct interpretation to be given to various pro- visions of the Federsi Constitution ; and judicial decision has beon often invoked to settle their true meaning ; but until recently no one ever doubted that the right of trial by jury was forti- fied in the organic law against the power of at^ tack. It is now assailed ; but, if ideas can be expressed in words, and language has any mean- ing, this rights-one of the most valuable in a free country. — is preserved to every one accused of crime who is not attached to the army or navy, or militia in actual service. The sixth amendment affirms that " in all criminal prose- cutions the accused shall enjoy the right to a . speedy and public trial by g.n impartial jury," language broad enough to e;;ibrace all persons and cases; but the fifth, recognizing the neces- sity of an indictment, or presentment, before any one can be held to answer for high crimes "ex- cepts cases arising in the land or naval forces, or in the militia, wnep in actual service, in time of war or public danger ;'•' and the framers of the Constitution doBotlesg meant to limit the right of trial by jury, in the sixth amendment, to those persons who were subject to indictment or presentment in the fifth. The_ discipline n9eessary to the efficiency of the army and navy required other and swifter modes of trial than are furnished by the common law courts ; and, in pyrsnance of the power con- ferred by the Constitution, Congress has declared the kihds of trial, ajid the manner in which thay shall be Conducted, for offences committed whiw the party is in tbe military or naval service. Every one connected with these branches of the public service is amenable to the jurisdiction which Congress has created for their government, and while thus serving, surrenders his rigbt to be tried by the civil courts. All other person^, citizens of Siates where the courts are open, tf charged with crime, are guarantied the inesti- mable privilege of trial by jury. This privilege is a vital principle, underlying the whole admin- istration of criminal justice ; it is not held by sufferance, and cannot be frittered away on any plea of State or political necessity. When peacb prevails, and the authority of the Government is undisputed, there is no difficulty of preserving the safeguards of liberty ; for the ordinary modes of trial are never neglected, and no one wishes it otherwise. But if society is disturbed by civil commotion — if the passions of men are aroused and the restraints of law weakened, if not dis- regarded — these safeguards need, and should re- ceive, the watchful care of those entrusted with the guardianship of the Constitution and laws. In no other way can we transmit to posterity unimpaired the blessings of liberty, consecrated by the sacrifices of the Eevolution. It is claimed that martial law covers with i*s broad mantle the proceedings of this military commission. The proposition is this : That in a time of war the commander of an armed force (if. In his opinion, the exigencies of the country demand it, and of which he is to judge,) has the power, within the lines of his military district, to suspend all civil rights and their remedies, and subject citizens as well as soldiers to the rule of his will ; and in the exercise of his lawful au- thority cannot be restrained, except by his su- perior officer or the President of the United States. If this position is sound. to the extent claimed, then when war exists, foreign or domes- tic, and the country is subdivided into military departments for mere convenience, the aom- mander of one of them can, if he chooses, within his limits, on the plea of necessity, with the' ap- proval of the Executive, eubstitute ipilitary force for and to the exclusion of the laws, and punish all persons as he thinks right and proper, without fixed or certain rules The statement of this proposition shows its importance ; for, if true, republican government ie a failure, and there is an end of liberty regu- lated by law. Martial law, establi-shed on such a basis, destroys every guarantee of the Co}isti"r tution, and effectually renders the '' military independent of and superior to the civil power'' — the attempt to do v^nich by the King of Great Britain was deemed by our fathers such an offense that they assigned it to the world as one of the causes which impelled them to declare their in- dependence. Civil liberty and this kind of martial law cannot endure together ;, the antag- onism ia irreconcilable, and in the conflict one oi the other must perish. This nation, as experience has proved, capnot always remain at peace, and has no right to ex- pect that it will always have wise and humaioij rulers, sincerely attached to the principles of tlw Constitution. Wicked men, ambitious oi povy>>l, iiiid juiMciAL ovimom. 215 £be cakmlties of wax again befall ns, the dan- igers to human libeirty are frightful to contom- |)late. If our fathers had failed to provide for ,uiBt such ^ contingency, they would have been SaUe to the trust reposed in them. They knew rr-the history of the world told them — the na- ifion they were founding, be its existence short or long, would be involved in war — how often, or how long continued, human foresight could -ji9t tell — and that unlimited power, wherever lodged at each a time, was especially hazardous io freemen. For tli is and other equally weighty reasons, they secured the inheritance they nad |i)iight to maintain, by incorporating in a writ- ten constituition the safeguards which time had proved essential to its praseirvation. . Not one of ihese safeguards can the President, or Congress, or the judiciary distu,rb, except the one concern- ing the writ of habeas corjim. It vt essential to the gaiety of every govern- ment that, in a great crisis bke the one we have just passed through, there should be a power somewhere of suspending the writ of kaheas cor- pus. In every war there are men of previously good character wicked ejiough to counsel their Jellow citizens to resist the measures deemed jjecessary by a good government to sustain its just authority and overthrow its enemies, and their influence may lead to dangerous combinations. In the emergency of the times an immediate fublic investigation, according to law, ma.y not e possible, and yet the peril to the country may be too imminent to suSer such persons to go at large. Unquestionably, there is then an exi- gency which demands that the Government, if It should see fit, in the exercise of a proper dis- cretion, to make arrests, should not be required to produce the persons arrested in answer to a writ of habeas corpus. Tlie Constitution goes no further. It does not say after a writ of habeas corpus is denied a oitizeo, that he shall be tried ■otherwise than by the course of the common law; if it had intended this result, it was easy by the use of direct words to have aocomplished it. The illustrious men who framed thatinstru- . ment were guarding the foundations of civil lib- erty against the abuses of unlimited power; they were full of wisdom, and the lessons of his- tory informed them ttiat a trial by an established court, assisted by an impartial jury, was the only sure way of protecting the citizen against .oppression and wrong. Knowing this, they lim- ited the suspension to one great right, and left the rest to remain forever inviolable. But it is insisted that the safety of the country in time of war demands that this broad claim for martial law shall be sustained. If this were true, it could l3e well said that a country preserved at the sacrifice of all the cardinal principles of lib- ei-ly is not worth the cost of preservation. Hap- pily it is not so. It will be borne in mind that this is not a ■question of the power to proclaim martial law, when war ,e.tlsta in a community and the courts ind civil authorities ar? overthrown. Nor is it a question what rule a military commander, at the h^ad nf liis army cap impose on States in rebelfioo to cvij)ple tlieir resources and quell the iinsuvrection. The jurisdictii?? claimed is much pjore extensive. The necessities of the seryice during the late rebellion required that the loyal States should be placed within the limits of cer- tainjnilitary districts, and commanders appointed in them ; and it is urged that this, in a military sense, constituted them the theatre of militaiy operations, and, as in this case, Indiana had been and was again threatened with invasion by the enemy, the occasion was furnished to establish martial law. The conclusion does not follow from the premises. If armies were collected in Indiana, they were to be employed in another locality, where the laws were obstructed and the national authority disputed. On her soil there was no hostile foot ; if once invaded, that inva- sion was at an end, and with it all pretext fgr martial law. Martial law cannot arise from a threatened invasion. The necessity must be actual and present, the invasion real — such as effectually clases the courts and deposes the civil administration. It is difficult to see how the safety of the coun- try required martial law in Indiana. If any of her citizens were plottingftreason, the power of arrest could secure them until the Government was prepared for their trial, when the courts were open and ready to try them. It was as easy to protect witnesses before a civil as a mili- tary tribunal ; and, as there could be no wish to convict, except upon sufficient legal evidence, surely an ordained and established court was better able to judge of this than a military tri- bunal, composed of gentlemen not trained to the profession of the law. It follows, from what has been said ou this- subject, that there are occcasions when martial rule can be properly applied. If in foreign in- vasion or civil war the courts are actually closed, and it is impossible to administer criminal jus- tice according to law, then on the theater of act- ive military operations, where war really pre- vails, there is a necessity to furnish a substitute' for the civil authority thus overthrown to pre- serve the safety of the army and society ; and a? no power is left but the military, it is allowed to govern by martial rule until the laws can ha ve their free course. As necessity creates the rule, so it limits its duration .; for if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their juris- diction. It is also confined to the locality of actual war. Because during the late rebellion it could have been enforced in Virginia, wiiere the national authority was overturned and, the courts driven out, it does n»t follow that it should obtain in Indiana, where that authority was never disputed, and justice was always adminis- tered. And so in the case of a foreign invasion, martial rule may become a necessity in one State, when in another it would be " mere law- less violence." We are not without precedents in English and Ameriaah history illustrating our views of this question ; but it is hardly uece.ssary to make particular reference to them. ^_ From the first year of the reign of Edward the Third, \yhen the Parliament of England reversed the attainder of the Earl of Lancaster, becnn?e he could have been tried by the courts of ih« realm, and declared " that in time of peace no 216 POLITICAL MANUAL. man ought to be adjudged to death for treason or any other oflence without being arraigned and held to answer, and that regularly when the king's courts are open it is a time of peace in judgment of law, down to the present day, martial law, as claimed in this case, has been condemned by all respectable English jurists as contrary to the fundamental laws of the land, and subversive of the liberty of the subject. During the present century, an instructive debate on this question occurred in Parliament, occasioned by the trial and conviction by court martial at Demarara of the Kov. John Smith, a missionary to the negroes, on the alleged ground of aiding and abetting a formidable rebellion in that colony. Those eminent statesmen, Lord Brougham ' and Sir James Macintosh, partici- pated iu that debate, and denounced the trial as illegal, because it did not appear that the courts of law iu Demarara could not try offences, and that " when the laws can act every other mode of punishing supposed crimes is itself an enor- mous crime. ' So sensitive were our Eevolutionary fathers on this subject, although Boston was almcst in a state of siege when General Gage issued his proclamation of martial law, they spoke of it as an " attempt to supersede the course of the com- mon law, and instead thereof to publish and order the use of martial law." The Virginia Assembly also denounced a similar measure on the part of Governor Dunmore " as an assumed power, whish the king himself cannot exercise, because it annuls the law of the land and intro- duces the most execrable of all systems, maitial law^." In some parts of the country, during the war of 1812, our ofiBcers made arbitrary arrests, and by military tribunals tried citizens who were not in the military service. These arrests and trials, when brought to the notice of the courts, were uniformly condemned as illegal,. The cases of Smith vs. Shaw, and McConnell vs. Hampton, (reported in 12 Johnson,) are illustrations which we cite, not only for the principles they deter- mine, but on account of the distinguished jurists concerned in the decisions, one of whom for many years occupied a seat on this bench. It is contended that Iiuther rs. Borden, de- cided by this court, is an authority for the claim of martial law advanced in this case. The, de- cision is misapprehended. ITiat case grew out, of the attempt in Rhode Island to supersede the old colonial government by a revolutionary proceeding. Ehode Island at that period had no other form of local government than the char- ter granted by King Charles II in 1663, and as that limited the right of suffrage, and did' not provide for its own amendment, many citizens became dissatisfied because the Legislature would Bot afford the relief in their power, and without the authority of law formed a new and inde- pendent constitution, and proceeded to afisertits authority by force of arms. The old govern- ment resisted this, and as the rebellion was for- midable, called out the militia to subdue it, and passed an act declaring martial law. Borden, in'the military servite of the old gov- ernment, broke open the house of Luther, who supported (he new in order to arrest him. Lu- ther brought.suit against Borden, and the quee^ tion was, whether, under the constitution: and- laws of the State, Borden was justified. • ThiS': court held that a State " may use its militaagr. power to put down an armed insurrection too ■ strong to be controlled by the civil author- ity," and if the Legislature of Rhode Island thought the peril so great as to require the use . of its military forces and the declaration of mar- tial law, there was no ground on which ihisi court could que.=ition its authority, and as Borden acted under military orders of the charter gov- ■ ernment, which had been recognized by the p,o_-i, litical power of the country, and was upheld by . the State judiciary, he was justified in breaking'^ into and entering Luther's house. This is tha ■ extent of the decision. There was no question in issue about the power of declaring martial : law under the Federal Constitution, and the - court did not con.sider necessary even to inquire' "to what extent nor under what circumstances., that power may be exercised by a State." " We do not deem it important fio examine far- ther the adjudged cases ; and shall, therefore, .: conclude Without any additional reference^ to authorities. To the third question, then, on which the judges below were opposed in opih-. ion, an answer in the negative must be returned. It is proper to say, although Milligan's trial and conviction by a military commission was illegal, yet, if guilty of the crimes imputed to him, and his guilt had been ascertained by an established court and impartial jury, he deserved severe punishment. Open resistance to measures deemed necessary to subdue a great rebellion by those who enjoy the protection of government, and have not the excuse even of prejudice oi section to plead in their favor, is -wicked; but' that resistance becomes an enormous crime when it assumes the form of a secret politicsd organization armed to oppose the laws, and seeks , by stealthy means to introduce i;he enemies of the country into peaceful communities, thereto, light the torch of civil war, and thus overthrow the power of the United States. Conspiracies like these, at such a juncture, are extremelys perilous ; and those concerned in them are dan- gerous enemies to their country, and should re- ceive the heaviest penalties of the law, as an ex- ample to deter others from similar criminal con- duct. It is said the severity of the laws caused them ; but Congress was obliged to enact severe laws to meet the crisis ; and as our highest civil duty is to serve our country, when in danger.i the late war has proved that rigorous laws, when, necessary, will be cheerfully obeyed by a patri- otic people, struggling to preserve the rich bless- ings of a free government. The two remaining questions in this case must be answered in the affirmative. The suspension of the privilege of the writ of habeas corpus does not suspend the writ itself The writ issues as a' matter of course ; and on the return made to it, the court decides whether the party applying is' denied the right of proceeding any furtber with it. If the military trial of Milligan was contrarsi to law, then he was entitled on the facts stated: in his petition, to be discharged from custody by the terms of the act of Congress of March 3, 1863 JUDICIAL OPINIONS. 217 'fhe jroviisioria of this law having been consid- ered in a previous part ot this opinion, we will D6t restate the views thcro presented. Milligan avers he was a citizen of Indiana, not in the mil- itary or naval service, and was detained in close connnoment, by order of the President, I'rom the 56h day of October, 1864, until the id dav of Janni'.ry, 1865, when the circuit court for" tlie district of Indiana, with a grand jury, convened in session at Indianapolis, and afterwards, on the 27th day of the same month, adjourned without finding an indictment or presentment against him. If these averments were true, (and their truth is conceded for the purposes of this case,) the court was required to liberate him on taking certain oaths prescribed by the law, and enter- ing into recognizance for his good behavior. But it IS insisted that Milligan was a prisoner of war, and, therefore, excluded from the privileges of the statute. It is not easy to see how he can be treated as a prisoner of war, when he lived in Indiana for tne past twenty years, was arrested there, and had not been, during the late troubles, a resident of any of the States in rebellion. If, in Indiana, he conspired with bad men to assist the enemy, he is punishable for it in the courts of Indiana; but, when tried for the offence, he caiinot pies 1 the rights of war, for he was not engaged is legal acts of hostility against the Government, and only such persons, when cap- (jured, are prisoners of war. If he cannot enjoy the immunities attaching to the character of a prisoner of war, how can he be subject to their |\ai'ns and penalties? This case, as well as the kindred cases of Bowles «.nd Horsey , were disposed of at the last term, and ■ the proper orders were entered of.record. There t«.!th'erefore, no additional entry required. DISSENTING OPINION. Mr. Chief Justice Chase delivered the follow- !«» opinion : ffour members of the court concurring with their brethren in the ordei heretofore made in this cause, but unable to concur in some impor- tant particulars with the opinion which has just be^n read, think it their duty to make a separate Btate^aent of their views of the whole case. We do not doubt that the circuit court for the district of Indiana had jurisdiction of the peti^- tion of Milligan for the writ of habeas corpus. Whether this Court has jurisdiction upon the certificate of division admits of more question. Tli'i construction of the act authorizing such cer- tificates which has hitherto prevailed here, de- nies jurisdiction in cases where the certificate brings up the whole cause before the court. But none of the aidjudicated cases are exactly in point, a.nd we are willing to resolve whatever .doirbt may exist in'favor of the earliest possible answers to questions involving life and' liberty. Weoagree, therefore, that this Court may prop- erly answer questions certified in such a case as tiat before us. Tie crimes with which Milligan was charged were of the gravest character, and the petition and exhibits in the record, which must here be ta^n as true, adniit his guilt. But whatever hia'desert of punishment may be, it is more im- portant to the country and to every eitizmi that he should not be punished under an ilh.'jjal sen- tence, sanctioned by this Com t of last reson, than that he should be punished at all. The laws which protect the liberties of the whole people must not be violated or set aside in order to inflict even upon the guilty, unauthorized, though merited justice. The trial and sentence of Milligan were by military commission convened in Indiana during the fall of 1864. The action of the commission had been under consideration by President Lin- coln for some time, when he himself became the victim of ^n abhorred conspiracy. It was aj)- proved by his successor in May, 186S, and tfie sentence was ordered to be carried into execu- tion. The proceedings, therefore, had the fullest sanction of the executive department of the Gov- ernment. This sanction requires the most respectful and the most careful consideration of this Court The sentence which it supports must not be set aside except upon the olea,rest conviction that it can- not be reconciled with the Sonstitution and the constitutional legislation of Congress. We must inquire, then, what constitutional or statutory provisions have relation to this mili- tary proceeding. The act of Conaress of March 3d, 1863, com- prises all the legislation which seems to require consideration in this connection. The constltu • tionality of this act has not been questioned, and is not doubted. The first- section authorized the suspension during the rebellion of the writ ofhaheas corpus throughout the United States by the President. The two next sections limited this authority, in important respects. The second section required 'that lists of all persons, being citizens of States in which the administration of the laws had continued unim- paired in the Federal courts, who were then held or might thereafter be held as prisoners of the United States, under the authority of the Presi- dent, otherwise than as prisoners of war, should be furnished to the judges of the circuit and dis- trict courts. The lists transmitted to the ji;dges were to contain the names of all persons residing within their respective jurisdictions, charged with violation of national law. And it was re- quired, in cases where the grand jury in attends ance upon any of these courts should terminate its session without proceeding by indictment or otherwise against any prisoner named in the list, that the judge of the court should, forthwith make an order that such prisoner, desiring a dis- charge, should be brought before him or the court to be discharged, on entering into recogniz- ance, if required, to keep the peace and for good behavior, or to appear, as the court may direct, to be further dealt with according to law. Every officer of the United States, having custody of such prisoners, was required to obey and execute the judge's order, under penalty, for refusal or delay, of fine and imprisonment. The third section provided, in case lists of per- sons other than prisoners of war then held in confinement, or thereafter arrested, should not be furnished within twenty days after the pas- sage of the act, or, in cases of subsequent arrest, within twenty days after the time of arrest, that any citizen, after the termination of a session of 218 POLITICAL MANUAL. the grand jury without indictment or present- ment, might, by petition ailfegiiig the facts, and verified by oath, obtain the judge's order of dis- charge in I'avor of any person so imprisoned, on the terms and conditions prescribed in the second section. It was made the duty of th« district attorney of the United States to attend examinations on petitions for discharge. It was under this act that Milligan petitioned the circuit court for the district of Indiana for discharge from imprisonment. The holding of the circuit and district courts of the United States in Indiana had heen unin- terrupted. The administration of the laws in the Federal courts had remained unimpaired, Milii fan was imprisoned under tl>e autnority of the resident, and was not a prisoner of war. No list of prisoners had been furnislied to thejudges either of the district or circuit courts, ae required by the law. A grand jury had attended (he circuit conrts of the Indiana) district while MiHi- gan was there impiieoned, and had cteaed its ses- sion without finding any indictment or present- ment, or otherwise proceeding against tne pris- oner. His case was thus hrought within the precise letter and intent of the a5t of Congress, unless it can he said that Milligan was not imprisoned hy authority of the President, and nothing of this sort was claimed in argument on the part of the Government. It is clear upon this statement that the cir- cuit court waS hound to hear Milligan's petition for the writ of habeas corpus, called in the act an order to bring the prisoner before the judge or the court, and to issue the writ, or, in the lan- guage of the act, to make the order. The first question therefore — Ought the writ to issue ? — mnst be answered in the affirmative. And it is equally clear that he was entitled to the discharge prayed for. It must be borne in mind that the prayer of the petition was not for an absolute Qischarge, but to be delivered from military custody and imprisonment, and if found probably guilty of any offence, to be turned over to the proper tri- bunal for inquiry and punishment ; or, if not found thus probably gttilty, to be discharged al- together. And the express terms of the act of Congress required this action of the court. The prisoner must be discharged on giving such recognizance as the court should require, not only for good behavior, but for appearance, as directed by the court, to answer and be further dealt with according to law. The first section of the act authorized the sus- pension of the writ of habeas corpus generally throughout the United States. The second and third sections limited this suspension in certain cases within States where the administration of justice by the Federal courts remained unimpair- ed. In these oases the writ was still to issue, and under it the prisoner was entitled to his discharge by a circuit or district judge or court, unless held to bail for appearance to answer charges. No other judge or court could make an order of dis- charge under the writ. Except under the cir- lomstances pointed out by the act, neither circuit nor district judge or court could make such aii order. But under those circumstances the writ must be issued, and the relief from imprisonment directed by the act must be afforded. The com- mands of the act were positive, and left no dis- cretion to court or judge. An aflBrmative answer must, therefore, be giwen to the second question, namely, Ought Milligan to be discharged according to the prayer of th|e petition ? That the third question, namely. Had tlno military commission in Indiana, under the faqts stated, jurisdiction to try and sentence Milligan? must be answered negatively, is an uuavoidahle inference from affirmative answers to the other two. The military commission could not have juris- diction to try and sentence Milligan, if he cpnW not be detained in prison under his original-ar^ rest or under sentence, after the close of a sessioa of the grand jury, without indictment or 0;ther proceedings against him. Indeed, the act seems to have been framed on purpose to secure the trial of all offences of citi- zens by civil tribunals in States where thes.e tribunals were not interru.pted in the regulw exercise of their functions. Under it, in such States, the privilege of the writ might be suspended. Any person regariiecj as dangerous to the public safety might oe ar^ rested and detained until after the session of' a grand jury. Until after such session no person arrested could have the benefit of the writ, and even then no such person could be discharged, except on snch terms as to future appearance aii the court might impose. These provisions ob- viously contemplate no other trial or sentena* . than that of a- civil court, and we could not as- sert the legality of a trial and sentence by a military commission, under the ciroumstaocea specified in the act and described in the petition, without disregarding the plain directions of Con- gress. We agree, therefore, that the two first queai tions certified must receive affirmative answers, and the last a negative. We do not doubt thai the positive provisions of the act of Congress require such answers. We do not think it neces- sary to look beyond these provisions. In them we find sufficient and controlling reasons for our conclusions. But the opinion which has just been read goes further, and, as we understand it, asserts not only that the military commission held in Indi- ana was not authorized by Congress, but that it was not in the power of Congress to authorize it, from which it may be thought to follow that Congress has no power to indemnify the officers who composed the commission against liability in civil courts for acting as members of it. We cannot agree to this. We agree in the proposition that no depart- ment of the Government of the United States-^ neither President nor Congress nor the comrti —possess any power not given hy the Constifiltfi tio'n. We assent fully to all that ig said in the opin-- ion of the inestimable -value of trial by jury and of the oth?r constitutional safeguards of civil liberty ; and we concur alpo in what is said ok JUDIOIAL oriNIONS. 21^ the writ of habeas corpus and of its suspension, ^with two reser.vatiops : (1.) Tkat, in our judg- ment, when the writ is suspended, the Exeeu- iJtiye is authorize^ to arrest as well as to detain ; 4iiftdi ("2,) that there are cases in which, the priv- ,-jilege of the writ being suependedi trial and pun- jshment by military commission, in States wWe liisil courts are open, may be authorized by Con- gtess, as vre& as arrest and detention. We think that Congress had power, though not exerrased, ,to lauthorize ■tha military commission which waa Md in Indiana, We do not thiiuk it necessary to discuss a/t large ithe grounds of our conclusions. We will bri«Hy indicate some of them. The Constitution itself provides for military government as well as for civil government! and !we do not urui^stand it to be claimed that the «ivil safeguards of the Constltation have appli- cation in cases within the proper sphere or the Iprmer. What, then, is that proper sph^e ? Congress has power to raise and support armies ; to pror vide and maintain a navy ; to make rules for the government and [emulation of the land and naval wrxses, and to provide for governing such part of the militia as may be in the service of the Uni- ted States. It is not denied that the power to make rules ^01 the goverameut of the army and navy is a power to provide for trial and punishment by military courts without a jury. It has been so Understood and. exercised from the adoption of fhe Constitution to ihe present time. '^.Nor, in our judgment, does the fifth or any other amendmenit abridge that power. '"Cases arising in the -laud and naval ioroef, or in th,e militia in actual service in time of war or public danger," are expressly excepted from the fifth amendment, 'Hhat no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or iadjetment of a grand jury," and it is admitted that the exception ap- plies t6 the other amendments as well as to the fifth. Now we understand this exception to have the same import and efiect as if the powers of Con- gress in relation to the goyernment of the army %nd navy and the militia had been recited in the amendment, and cases within those powers had been expressly excepted from its operation. The States, most jealous of encroachments upon the liberties of the citizen when proposiog addi- tional safeguards in the form of amendments, exeluded specificaljy from their effect cases aris- ing in the government of the land and naval jforees. Thus Massachusetts proposed that " no person shall be tried for any crime by which he would incur an infamous punishment or loss of life until he be first indicted by a grand jury, except in such cases as may arise in the govern- nlent and regulation of the land forces. ' The exception in similar amendments proposed 'by {Tew York, Maryland, and Virginia, was in the same or equivalent terms. The amendments pro- posed by the States were considered by the First Congress, and such as were approved in sub- stance were put in form, and proposed by that bo^y to the Btates. Among those thus proposed, aijd subseouentiy ratified, was that wnich now stands as the fi.tth amendment of the Constitu- tion. We cannot doubt that this amendment was intended tp have the same force smd effect as the amendment proposed by the States. We cannot agree to a construction which will im- pose on t/Ee exception iij the fifth amendment a sense other than that obviously indicated by ac- tion of the State conventions.' We think, therefore, that the power of Con- gress in the government of the land and naval forces aud of the militia, is not at all affected by the fifth or any otJher amendment, it is not ne- cessary to attem|)t any precise definition of the boundaries of this power. But may it not be said tiiat government includes protection and defence as 'well as the regulation of internal ad- ministration? And is it impossible to imagine cases in which citizens conspiring or attempting the destruction or great injury of the nation£A forceo may be subjected by Congress to military trial and punishment in the just exercise of thiB undoubted constitutional power? Congress is but the agent of the nation,Ir. Justice Wayne, Mr. Justice Swayne, and ; Mr. Justice Miller concur with me in these views,.' On the Uissonri Constitutional Test Oath of Loy- alty, January 14, 1867. Mr. Justice Field delivered the opinion of tib;e, , Court in the case of John A. Cummings -vs. Thii Slate of Missouri. This case comes before us on a writ of error tOc the supreme court of Missouri, and involves ^;, consideration of the test oath impospd by the' constitution of that State. Tlie plaintiff in ^rror,-. is a priest of the Roman Catholic Church, aijd;', was indicted and convicted, in one bf the circuit' JUDICtAL OPINIONS. 221 courts of that State, of the crime of teaching and preaching, as a priest and minister of that relig- ions denomination, without having first talien the oath, and was sentenced to pay a fine of $500, andto be committed to jail until the same was paid. On appeal to the supreme court' of the State, the judgment was affirmed. The oath prescribed by the constitution, di- vided into its separable parts embraces more thaii thirty distinct afiBrmation^ or tests. Some of the acts against which it is directed constitute offences of the highest grade, to which, upon conviction, heavy p,enalties are attached. Some of the acts have never been classed aa offences in the laws of any State, and some of the acts under many circumstances would not even be hlameworthy. It requires the affiant to deny aot only that he has ever been in armed hostil- ity- to tne United States or the lawful authori- ties thereof, but, among other things, that he has ever, " by act or word," manifested his adhe- rence to the cause of the enemies of the United States, foreign or domestic, or his desire for their triumph over the arms of the United States, or his sympathy with thrtSe engaged in rebellion, or that he has ever harborea or aided any per- son engaged in guerrilla warfare against the loyal inhabitants of the United States, or has ever en- tered or left the State for the purpose of avoid- ing enrollment or draft in the military service D'f . the United States, or to escape the perform- ince of duty in the militia of the United States, 3r hasever indicated in any terms his disaffection ttf^the Government of the United States in its contest with rebellion. Every person who is unable to take this oath is. declared incapable of holding in the State "any office of honor, trust, or profit under its au'thority, or of being an officer, counselor, di- rector, or trustee, or other mauager of any incor- poration, public or private, now existing or here- alter established by its authority, or of acting as a professor or teacher in any educational institu- tiotr, or in any common or other school, or of ■ holding any real estate or other property in trust for the use of any church, 'religious society, or congregation." And every person holding any of the offices, trusts, or positions mentioned, at the time the constitution takes effect, is re- quired, within sixty days thereafter to take the oath, and if he fail to comply with this require- ment, it is declared that his office, trust, or posi- ti^h.shall ipso facto become vacant. And no person after the expiration of the sixty days is pertnitted, without taking the oath, " to practice M an attorney or counselor at law, nor, after that period, can any person be competent as a bishop, priest, deacon, minister, elder, or other clergyman of any religious persuasion, sect, or denomination, to teach or preach or solemnize marriage'." Fineand imprisonmentareprescribed as a punishment for holding or exercising any of the,;offipes, positions, trusts, professions or func- tions specified without having taken the oath, and false swearing or affirmation to the oatli is decrated to fae perjury, and punishable by im- prisonment in the penitentiary. ,;The oatb thus required is without any prece- dent that we can discover for its severity. In tfti ferst place, it is retrospective. It embraces all the past from this day, and if taken years hence, it will also cover all the intervening pe- riod. In its retrospective feature, it is peculiar to this country. In England and France there have been test oaths, but they have always been limited to an affirmation of present belief or present disposition towards the Government, and were never exacted with reference to particular instances of past misconduct. In the second place, the oatn is directed not merely agajinst otert and visible acts of hostility to the Govern- ment, but is intended to reach words, desires, and sympathies also ; and, in the third place, it allows no distinction between acts spriiiging from malignant enmity and acts which may have been prompted by charity or affection or relationship. If one has ever expressed sympathy with any who were drawn into the rebellion, even if the re- cipients of that sympathy were connected by the closest ties of blood, he is as unable to subscribe to the oath as the most active and most cruel of rebels, and is equally debarr^ from the offices of honor and trust and the positions and employ- ments specified. But, as it was observed by the learned coun- sel who appeared on behalf of the State of Mis- souri, this Court cannot decide this case upon the justice or hardship of these provisions. Its duty is to determine whether they are in conflict with the Constitution of the United States. On be- half of Missouri, it is urged that these provisions only prescribe a qualification for holding certain offices and practicing certain callings, and are therefore within the power of the State to adopt. On the other hand, it is contended that these provisions are in conflict with that clause of the Constitution which forbids any State to pass a hill of attainder or ex post facto law. We admit the propositions of the counsel for Missouri, that the States which existed previous to the adoption of the Federal Constitution pos- sessed originally all the attributes of sovereignty ; that they still retain those attributes, except as they have been surrendered by the formation of the Constitution and the amendments thereto ; that the new States, upon their admission into the Union, became invested with equal rights, and were thereafter subject only to similar re- strictions : and that among the rights reserved to the States is the right of each State to deter- mine the qualifications for office, and the con- ditions upon wliich its citizens may exercise their various callings and pursuits within its jurisdiction. These are general propositions, and involve principles of. the highest moment. But it by no means follows that under the form of creating a qualification or attaching a condi- tion, tlie States can in effect inflict a punishment for a past act which was not punishable at the time it was committed. The question is not as to the existence of the power of the State over matters of internal police, but whether that power has been made in the present case an in- strument for the infliction of punishment against the inhibition of the Constitution. Qualifications relate to the fitness or capacity of the party for a particnlarpursnit or profession. Webster defines the term to mean " any natural endowm"ent or any acquirement -which fits a I person for n, place, office, or employment, or 222 POLITICAL MANUAL. enaljlea hilii to sustain any character with suc- cess." It is evident from the natuie of the pur- Buita and professions of the parties placed under disabilities by the constitution of Missouri, that the acts from the taint of which they must purge themselves have no possible relation to their fit- ness for those pursuits, and professions. There can be no connection between the fact that Mr.. Gnmmings entered or left the State of Missouri to avoid' enrollment or draft in the military ser- vice of the United States,, and his fitness to teach the doctrines or administer the sacraments of his church. ' Nor can a fact of this kind, or the expression of words of sympathy with persons drawn into the rebellion, constitute any evidence of the unfitness of the attorney or counselor to practice his profession, or of the professor to teach the ordinary branches of education, or of the want of business knowledge or business capacity in the manager of a corporation, or in its directors or trustees. It ismanifest, upon the simplestatement of the acts and the professions, and' pursuits, that thete is.no such relation be- tween them as to render a denial of the commis- sion of the acts at all appropriate as a condition of allowing, the exercise of the professions and pursuits. The oath could not,, therefore, have been required as a means of ascertaining whether parties were qualified or not for their respective callings or the trusts with which they are charged. It was required in order to reach the personi, not the' calling. It was exacted not from any notion that the acts designated indi- cated unfitness for the calling, but oecause the acts were thought to deserve punishment, and there was no way to punish the persons who had committed them but by depriving them of some of the rights and privileges of the citizen. The disabilities created by the constitution of Missouri ihust be regarded as penalties. They constitute punishment. We do not agree with the counsel of Missouri that " to punish one is to deprive him of life, liberty, or property, and that to take from him anything les.i than these is no punishment at all." The learned counsel does not use these terms, " life,.liberty,.and property," as comprehending every right known to the law. He does not include under " liberty " freedom from outrage on the feelings as well as restraints on the person. He does not include under " property" those estates which one may acquire in professions, though they are often the source of the highest emoluments and honors. The deprivation, of any rights, civil or politi- cal, may be punishment, the circumstances at- tending and' the causes ^,f deprivation determin- ing this fact. Disqualification from office may be punishment, as in cases of conviction upon impeachment. Disqualification from the pursuit of a lawful avocation, or from positions of trust, or from the privilege of appearing in the courts, or acting, as executor, administrator, or guardian, may also, and often has been, imposed as pun- ishment. By the statute of 9 and 10 iWilliam III, if any person educated in or having made a profession of the Christian religion did, by writing, printing, teaching, or advised speaking, deny the truth of the religion or the Divine au- thority of the Scriptures, he was for the first offence rendered incapable to hold any ofTice or plaoe of t«ust, and for the second he was rendered incapable of bringing any action, being guardian, exeeutor, legatee, or purchaser of lands, besidd being subjected to itnprisonment without bail, By statute 2 George I, contempts against, the king's title were punished by incapacity to hold! a public! office or place of trust, to prosecute any suit, to be guardian or executor, to take aay legf acy or deed of gift, and to vote at any eleetitmi for members of Parliament, and also by forfeiture of £500 to any one who would sue for the same,- " Some punishments," says Blackstone, " con- sist in exil^ or banishment, by abjuration of thS" realm or' transportation : othors in loss of liberty/, by perpetual or temporary imprisonment. Some extend to confiscation by forfeiture of lands' oi* movablesf, or both, or of the profits of lands for life. Others induce a disability of holding office or employments, being heirs and executors, and' the like." Among the Romans, loss of the priy* ilege of membership of the family or of cibizenn ship were punishments inflicted by her laws. In France, deprivation or suspension of civil rights^t or of some of them,, are punishments prescribed ' by her code, and among civil rights are incluiied' the right of voting, of eligibility to office,; of taking, part in family councils, of being guardian- and trustee, of bearing arms, or being employed!.' in a school or seminary of learning. '"• The theory upon which our political institu- tions rest is, that all men have certain inaliena- ble rights; that among these are life, liberty,' and the pursuit of happiness; and that in the pursuit of happiness, all avocations, all honors, ' all positions, are alike open, to every one, and that in the protection of theso rights all are ' equal before the law. Any deprivation or sus- ' pension of any of these rights for past conduct ' or acts is punishment, ana can in no otherwise be. defined. Punishment not being therefore restricted, as contended by counsel, to the deprivation of life, liberty, or property, but also embracing, depri- vation or suspension of political Or civil rights; ' and the disabilities prescribed by the provisions of the Missouri constitution being in effect pun-- ishmeflt, we proceed to consider whether there is any inhibition in the Constitution of the United.^ States against their enforcement. The counsel from Missouri closed his argument- ' in this case by presenting a striking picture of: the struggle for ascendency in that State during.' the recent rebellion between the friends and the enemies of the Union, and of the fierce passions which that struggle aroused. It was in the midst of the struggle that the present constitution waft ■ framed, although it was not adopted by the peo- Ele until the war had ceased. It would have een strange, therefore, had it not exhibited in its provisions some traces of the excitement amid which the convention held its deliberations. It ' was against the excited action of the States, under such influences as thpe, that the framers of the Federal Constitution intended to guard. In Fletcher vs. Peck, Mr. Chief Justice Marshall, speaking of such action, uses this .language : " Whatever respect might have been felt for the Statn snv- ereignties. It is not to be disgin'sed that the fr.imer.^ of the' Constitution viewed, with some approliension. the viD'ont acts which might rvow out of tlio feeliiifs of Hie ni[,iii"ii; :" and that the people of the United States, in mlopiiji;; ili.u fSifteiAh opiNiGirtf. 2^23 lmtrnment,haT0inmifiMto4aiBtbrmlniitIbiitiO'»hiieIctf)lidm- ■elves and thoir property; ftomtheiaffoftsot tboBisEiuadBn and strong pasBionB to whiph men arc exposed, Tho rostric- tfons on tlio legislative power of the Statefe nrc obTiotlsly bunded In this eontitaont; Siid tlie- ConetituUittn of the United Statea contains what mny be deemed a l>ill of rights for the people of each State : " ' No State shall pass any bill of attainder, ex post facto leMt or law impairing the obl'iisation'of contracts/" A bill of aitain'der is a legislative act which inflicts punishment Without a judicial trial; If the punishment tie less than d'eath the act is termed a bill of pains and penalties. Within the meaning of the Constitutidil bills of attain- der include bills of pains and penalties. In these cases the legislative bcid J- , in addition to its le- gitimate functions, exercises the powers and of- fice of judge. It assumes, in the language of the text books, judicial magistracy. It pronounces npon the guilt of the partitea without any of the forms or safeguards of trial. It d'etermines the sufficiency of the proofs produced, whether cbii- formable to the rules of evidence or otherwise'. It fixes the degree of punishment in accordance with its own notion of the enormity of the of- fence. "Bills of this. sort," says Mr. Justice Story, " have been usually passed' in England in times of rebellion, or gross subsei'viency to the crown, or of violent political excitement — peri- ods in which all nations are most liable, as well the free as the enslaved, to forget their duties and trample upon the rights and liberties of others." . These bills are generally directed against in" djviduals by name, but they may be directed against a whole class. The bill against the Earl of Kildare, passed in the reign of Henry VIII, enacted " that all such persons which Tie or heretofore have been comforters, abettors', tartakers, confederates or adherents of the said ite'Earl in his or their false and traitorous acts and purposes shall in likewise stand, be attainted, adjudged and convicted of high treason, and that the same attainder, judgment and conviction against the said comforters, aiders, abettors, un- dertakers, confederates, and adherents shall be as strong and effectuaLin the law against theiii and every one of them as though they and every one of them had been specially, singularly, and particularly named by their proper names in the said act." These bills may inflict punishment absolutely or may inflict it conditionally. The bill against the Earl of Clarendon, passed in the reign of Charles II, enacted that the Earl should euffer perpetual exile and be forever banished from the realm, and that if he returned or was found in England, or in any other of the king's domin- ions after the first of February, 166V,"he should Suffer the pains and penalties of treason, with a proviso, however, that if he surrendered himself before the said first day of February for trial, the penalties and disabilities declared should .be V0id and of no effect. " A British act of Parliament," to cite the lan- fuage of the supreme court of Kentucky, "might eclaro that if certain individuals failed to do a given act by a named day they should be deemed to be and treated as convicted felons and trai- tors, and the act would come precisely within the definition of a bill of attainder, and tire Eng- lish courts would enforce it withmil mdictrnent I or trial' by jHiry*." F the clanSeB of the thrra I af tielft of the conslStutioii of MiSsbufi, tO' whife& we have referred, hiad m terms Skehltei thait Mr. Chmrnings was gttilty, or should be fi'eM gililtj, of having been in- armed hostility to the united StateSi, or of having entered that State to avoid being enrfllled or drafted into the military service, and thereafter should be def- prived of the right to preach as a priest Of the Catholic Church or to tflach in any institution of learning, there would be no question but that the clanses would constitute a bill of attainder withiii the meaning, of the Federal Constitution; If these olauses, i'nstea-d- Of mentioning his natae', had declared' that priests an^ clergymen within the State of Missouri were guilty of these actsi or should be held guilty of them, and hencis should be subjected to tlie like deprivation, the cfeuSes would Be equalTy open to objection. And farther, if these clauses hlad declared that all such' priests' and clergymen should be held guilty, and' be thus deprived, provided they did not by aday desigiiated do certain specified acts, they would be no less within the inhibition of the Federal Constitntion. In all these cases there Would be the legisla- tive enactment creating the deprivation-, with'oiit any of the ordinary forms and guards provided fbr th'e security of the citizen in the administra- tion of jnstifee by the established tribunals. The results' which would' follow from olauses of the character mentioned' do follow from the clauses actually adopted. The difference between the last case supposed and the case actually pre- sented is one of^wrm only, iand not of substance; The existing clanses presume the guilt of the priests and clergymen, and adjudge the depri- vation of their right to preach or teach unless the presumption be first removed by their expnr- gatory oatn; Iti other words, they assume the fuilt and adjudge the punishment conditionally, 'he clanses supposed differ only in that they de- clare the guilt, instead of assuming it. The deprivation is effected with equal certainty in the latter case as it would be in the former, but I not with equal diirectness. The purpose ot the ] law-maker m the case supposed would be openly ! avowed ; in the case existing it is only disguised. j The legal result must be the same, for what can-- not- be done directly cannot be done indirectly. ! The ConStitntibn dfeals With substance, not shad- j ows. Its inhibition was leveled at the thing, ! not the name. It intended that the rights of I the citizen should be secured against depriva- I tion for past conduct by legislative enactment, J however disguise;.). If the inhibition can be i avoided by the form of the enactment, its inser- i tion in the fundamental law was a vain and futile proceeding. We proceed to considter the second clause of what Mr. Chief Justice Marshall terms " a bill of rights- for the people of each State," the clause' which inhibits the passage of an ex post facto law. By an ex post facto law is meant one which im- poses a, punishment for an act which was not punishable at the time it was committed, or im- poses additional punishment to that then prii- scribed, or changes the rules of evidence, by which less or different testimony is required to' convict than was then exacted. In Fletcher vt: 224 POLITICAL MANUAt. Feck, Mr. Chief Justice Marshall defined an ex posi^acto law to be " one which' makes an act punishable in a manner in which it was not pun- ishable when it was committed." " Such a law," said that eminent judge, " may inflict penalties on the person, or may inflict pecuniary penalties which swell the public treasury. The legisla- ture is, then, prohibited from passing a law by which a man's estate, or any part of it, shall be seized for a crime which was not declared by some previous law to render him liable to that punish- ment. Why, then, should violence be done to the natural meaning of the words for the pur- pose of leaving to tae Legislature the power of seizing for public use the estate of an individual in the form of a law annulling the title by which he holds the estate? The Court can perceive no sufficient grounds for making this distinction. The rescinding act would have the effect of an ex post facto law. It forfeits the estate of Fletcher for a crime not committed by himself, but by those from whom he purchased. This could not be effected iu the form of an ex post facto law or bill of attainder. Why, then, is it allowable in the form of a law annulling the original grant ? The act to which reference is here made was one passed by the State of Georgia repealing a previous act under which land had been granted. The repealing act, divesting the title of the grantees, did not in terms define any crimes or inflict any punishment or direct any judicial pro- ceedings ; yet, inasmuch as the Legislature was forbidden from passing any law by whiteh a man's estate could be seized for a crime which was not declared by some previous law to render him liable to that punishment, the Chief Justice was of opinion that the repealing act had the effect of an ex post facto law, and was within the con- stitutional inhibition. Now, the clauses iu the Missouri constitution which are the subject of consideration do not in terms define any crime or declare that any pun- ishment shall be inflicted, but they produce the same result upon the parties against whom they are directed as though the crimes were defined and the punishment declared: They assume that there are persons in Missouri who are guilty of some of the acts designated. They would have no meaning in the constitution were not such the fact. They are aimed at past acts, and not future facta. They were intended to operate upon parties who, in some form or manner, by action orwords, directly or indirectly, had aided or countenanced the rebellion, or sympathized with parties engaged in the rebellion, or had en- deavored to escape the proper responsibilities and duties of a citizen in time of war. And they were intended to operate by depriving such per- sons of the right to hold certain offices and trusts, and to pursue their ordinary and regular avoca- tions. This deprivation is punishment ; nor is it any less so because a way is opened for escape from it by the expurgatory oath. The framers of the constitution of Missouri knew at the time that whole classes of individuals would be unable to take the oath prescribed. To them there is no escape provided. To them the deprivation was intended to be and is absolute and perpetual. To make the enjoyment of a right dependent upon an impossible condition is equivalent to an ab- solute denial of the right under any oondiiin^, and such denial enforced for a p.»st act is notic- ing else than punishment imposed for that iar- acter of the enactment. It would be an e::po»'^ JUDICIAL OPINIONS. 225 facto law, because it would impoBe a punish- ment for an act not punishable at the time it was committed. The provisions of the constitution of Missouri accomplish precisely what enactments like those sppposed would accomplish. They impose the Bame penalty without the, formality of a judicial trial and conviction, for the parties embraced by the; supposed enactments would be incapable of taking the oath prescribed. To them its require- ments would be an impossible condition. Now, as the State, had she attempted the course sup- ppsed, would have failed, it must follow that any other mode producing the same result must equally fail.' The provisions of the Federal Con- stitution intended to secure the liberty of the citizen cannot be evaded by the form in which the power of the State is exerted. If this be nisi so, if that which cannot be accomplished by means looking directly to the end can be accom- plished by indirect means, the inhibition may be evaded at pleasure. No kind of oppression can be named against which the framers of the Con- stitution supposed they had guarded, which may not be effected. Take the case supposed by counsel, that of a man tried for treason and acquitted, or, \i convicted, pardoned. The legislature then may pass an act that if the person thus acquitted or pardoned does not take an bath that he never has committed the acts charged against him, he shall not be permitted to hold any office of honor or trust or profit, or pursue any avocation in the State. Take the case before us : The constitution of Missouri excludes, on failure to take the oath we have described, a large class of persons within her borders from numerous offices and pursuits. It would have been equally within the power of the State to have extended the exclusion so as to deprive the parties who were unable to take the oath from any avocations whatever in the State. Suppose, ag^in, in the progress of events, persons now in fpe minority in the State should obtain the as- cendency, and secure the control of the Govern- ment ; nothing could prevent, if the constitu- tioh'al prohibition can be evaded, the enactment of ii provision requiring every person, as a con- dition of holding any office if honor or trust, or" of pursuing any avocatioi in the State, to take an oath that he had nuver advocated or advised or supported the imposition of the present ekpnrgatory oath. Under this form of legislation the inost flagrant invasions of private rights in periods of excitement may be enacted, and indi- viduals, and even whole classes, may be deprived i}f',political and civil rights. ■■' '^ question arose in New York, soon after the tif^aty of peace of 1783, upon a statute of that State, which involved a discussion of the nature ^nd character of these expurgatory oaths when used as a means of infliating punishment. The subject was regarded as so important, and the re^tjltement of the oath such a violation of the ftindamental principles of civil liberty and the i^lits of the citizen, that it engaged the attention ofeminent lawyers and distinguished statesmen of the time, and amongothers, of Alexander Harn- iltWii We will cite some passages of a paper left b;^ hiiri on the subject, in which, with his char- adtferistic fallnesa and ability, he examines the, 16 oath and demonstrates tljat it is not only a mode of inflicting punishment, but a mode in vioLition of all the constitutional guaranties secured by the Revolution of the rights and liberties of the peo- ple: " If we examine it," (the measure requiring the oath,) aaid this great lawyer, " with an un- prejudiced eye, we must acknowledge not only that it was an evasion of the treaty, but a sub- version of one great principle of social security, to wit, that every man shall be presumed inno- cent until he is proved guilty. This was to in- vert the order of things, arid instead of obliging the State to prove the guilt in order to inflict the penalty, it was to oblige the citizen to show hia own innocence to avoid the penalty. It was to excite" scruples in the honest and conscientious, and to hold out a bribe to perjury." * * * " It was a mode of inquiring who had committed any of those crimes to which the penalty of dis- qualification was annexed, with this aggrava- tion, that it deprived the citizen of the benefit of that adv.ant,age which he would have enjoyed by leaving, as in all other oases, the burden of proof upon the prosecution. To place this mat- ter in a still clearer light, let it be supposed that instead of the mode of indictment and trial by jury, the Legislature was to declare that every citizen who did not swear that he had never ad- hered to the King of Great Britain thould incur all the penalties which our treason laws pre- scribe, vrould this not be a palpable evasion of the treaty, and a direct infringement of the Con- stitution? The principle is the same in both cases, with only this difference in the conse- quences, that in the instance already acted upon the citizen forfeits a part of his rights, in the one supposed, he would forfeit the whole. The degree of punishment is all that distinguishes the cases. In either, justly considered, it is sub- stituting a new and arbitrary mode of prosecu- tion for that ancient and highly esteemed one recognized by the laws and the constitution of the State — I mean the trial by jury. " Let us not forget that the constitution de- clares that trial by jury in all oases in which it has been formerly used should remain inviolate forever, and that the legislature should at no time erect any new jurisdiction which should not proceed according to the course of the com- mon law. Nothing can be more repugnant to the true genius of the common law than such an inquisition as has been mentioned into the con- sciences of men." * * * " If any oath with respect to past conduct had been made the con- dition on which individuals who have resided within the British lines should hold their estates, we should imnlediately see that this proceeding would be tyrannical and a violation of the. treaty ; arid yet, when the same oath is em- ployed to divest that right which ought to be deemed still more sacred, many of us are so in- fatuated as to overlook the mischief. " To say that the persons who will be affected by it have previously forfeited their right, and that therefore nothing is taken away from them is "a begging of the question. How, do we know who are the parties in this situation ? If it be answered this is the mode taken to ascertain it, the objection returns, it is au, jpipipper mode. ■220 POl.ITi'OAi ^AWU'AS.. becaiaise it pnfs thb most esSeiitiial intei'eirtg »f the citjzen Tipon a worse footing than we efcould be w^'lli'ng to tolerate wh-ere lirferior isterests are conce/rned, and tiScadse, if MloWed, it sn'b.- Btitutes for the established and, legal mode 6{ investigating crimes tod inflicting forfeitures one that is unkiiown to the con^itutioTi'aiid' re- jtognant to the genius of oar law." Himilar views have frequently been exjA'es^eil by the juditiiary in cases inVcylving analogous questions. They are presented with great force in the matter of Dorsby, (7 Porter,) bat we do not deem it necessary to pursue the subject further. The judgtient of the supi'eilie court- of Missouri iiiust be reversed and the cause remanded, With directions to enter a judgment reversing the jtidgment of the circuit court, and directing that court to disrbarge the defendant frOrn imprisdn- tnent and sutferBiin to deipart without day, add it is Fo ordered. On tlie Test Oath of JLawy^rs, iTaii. 14, 1867. Mr. Justice Field delivered the opinion of the I am also , instructed by the Court to deliveir its bpinioi) in the matter of the-petitioii of A. H, Garland. , . , , - On the, 2d of July, 1862, Congress ipassed an act prescribing an oath ,tp be taken by eveiy persdn.-elected or appointed to any oiffice of .bono;: or profit jinder the Government of the U,nited States, either in tbe civil, military, or n^-vajl de-, partmqnts.of^the .pul/lio sef.yi9e, eicspt the Pres- ident of th^ United States, before entering upoii| the duties of Iris office, and before bijing entitled tp its salary pr other emoluments. On the 24th, of January, 1865, Congress passed a supplement- ary act,, extending its provisions'so as to embrace, attorneys and counselors of the courts oi the, United States, whiqh provides that after its pas'; eage no person shall, he admitteS as an att,6rn6y , «r counseloi to the bar of the .Supreme Ooui:fc i and, after the 4th -of March,, 1865, jto thp bar of any circuit or district -court of the TunitedStates,, orrof the Court of Claims, or be allowed to ap- pear atid be heard by virtue of any previous, adroission or, any special, power qf attorney; un-! less 'he fihall have first taken ai^d spt^scribed.tbei oath .prescribed'm the, act of July .^, 1862. The, act also :pro.viaes ,that the oath shall be preserved, among the files ,'of .the coui't;. and, if any .pefsop , take It felsely, he shstllbe guilty of. perjjUr.y, and,| lipon conyicfciqn, shall be subject to the pains; and penalties .of -that offence. At the Decamber term of 1860, the petitioner - was admitted as ah attorney and conns.^lor of this Court, and. took and'siibsoribed the oath the|u, required.. By the second ,rule, , as, it then ;ezisted, , it was only requisite to the admission of attor-, neys and counselors of this Court that theyi should have been such officers foi:, the three .pre-, viouB years in the highest courts of Ihe StStesto, which they respectiv-^ belonged, an^l that-theiri private and professionad<;hairact6r should appear to be fair. In M^-rch, 1865, this rule was changed! by the addition of a clause* requiring the admm-| * The rule, adopted witlioitt. dissent, is as follows : BUPEEUE ObUlU 0^ ^HZ '.UltllED 'sij^'tlSB. Dooembor Xerm, ISBi.— fii^, March iO, 1885, ' Agi£!(O^ENTT0 29,EnLX., , ,, Oi'iltred, that t)ie last clknse of the' second 'rule of this 'Court be amended so as to reodiu fallows: iatirWion of an oath, « e6n-f6r&ity vUh the isi^t off Co'ngi'ess. In May, 1861, the State of Arkansas, of which the petiitiorier was k'cf{iie''h,%a6ff6d ai brdinatfce of secession whicfi ptirpCirted to withdi^aw -t&iS State from the Union, and afterwards, in tHfe same year, 'by another OrdinaBce, at'facfhed hei'- self 'to the sio'-called Confederate States, *a!nd fe^ act 6f the Congress of that Conffedenoy she vrm received as one of its memlxirs. The petitidttl^ followed the State and -was one of her represent- atives, first in the lower HouSe, and afterWardi in the Sen-ate, of the Congress- of that Corifet- eracy,', aiid ^as a ihemb.er of the:Sena,te at 'tli%- time'df the surrender of the Confederate forces to the arrnies 6f the United States. In J^nly, 1865, he feceivfed frdm the Presideiit of 'the United 'Staltes a full pardon for all offences committed. by Km by participation, direct orim'- ipli^d, 'in 'the rebellion. He now pTodtces "thft 'Jjiardon, and asks permission -to continue topraii- tice as an attorney aiid counselor Of the court, -w'fthont 'taking 'the daih reqiiired by the act ot ; Jan u airy 24, 1'865, iind the rule of this Coui^, -wbich lie is nnalble to take lay reason oY the offi'- ceslhe held under the Conffiderate governmeiit. He rests his arppilication principally upota tWb grounds: Pii:3t, 'that the act 'of 'January 24, 1865, Bb far as it affects Ms status in the cotirt, is u'hcoiisti'tU-fiCihal and Void ; secc^hd, tbat if 'th^ ;act be unCotis'titutional, he is released from com- pliance witb , its 'provisions by the pardon of tli'6 President. The oath 'prescribed by the aict is ek follbw's: 1. ThatUhe deponenfhas rieVer -i/olun-ta- rily borne arrb's agalin'st the UnitBd-States since Kir hais been a 'citizen therfedf. 2. That "he has ndt voluntarily given aid, couutenarice, counsel, w encotiragenient to peirsons %hgaged''in-ari&ed h-Off- tility thereto. 8. tPhat he Tisfe Sever sought, ifc- cepted,'or att*!mpted to exSrCise'the functioris -df any office whsitsde's^dr under a'hy authority'* pretended -jrilthorify 'in hdstil^ty 'to the Urii^ States. 4. -That 'he -lias -ndt 'yidldfed h, voluntary ^supjdrt to any'preteiidgd'gdverriTn'ent, authOri^, ipower, or constitution Within 'Ibe U^riited' Stat^ 'hostile or iniiniiokl 'theretd. '5. That he 'will siijs- jpdrt and' defend thfe ConStitiitibn df the UhH^' StatSs against all'enSinies, fdi'feigh and ddmSs^H!, atid -%viir beai- true faith and ^legiaiice to ^thb same. This 4a^t clause is f ]?omi^sdry duly, arid "fe- 'q(t(irea no Coriaideraitioii, The- 'qtiestions pft- sehted for dur determiriatidn ariSo frdm the otilite They shall rpspBotlvely laRo ahd Bnbscrilre the following oath or amrmation : ,, I, ,- — 1 do solBimnjy 'swear that I have n^* ?voltinttoily bbrlie arniB against the Uhittd Stiites since I hsvepeen a citizen thereof; that 1 have voluntarily given, no aid, countenance, oonnsel, or en'courageuieilt to p^rsonsi eiigagM- In strmed 'hdatlUfy thereto; that I' have nekh'ffir- ]soURht,'n(irilcoepfea,hbi- attempted to'exercise'thefunatiBi* jof.atfy otBoe, wH^t9vo^, undei- dhy authoritiy, or pretended, iliuthority. In hostility to'the United States; that I have njt. yielded'a voluntary BliiipoVt to any protended governnrfflt, ^authority, power. Or cdnBtittltibD, -within the United'StlifiS, 'hostile pr inimicBl thereto. And I do fuither swear, (qr- will bear true aJth and allegiance to the same ; that I tMfe this obligation freely, without any inental reservation or Ipurpose'of'evasion. And I do fllifthfir tololtinlyi swear, /bt^ffltu, as the 6aSfe „„ 1,. ^ fu.. 1 _.:„ .. . ,.,,, ^g an attorney and and according, to ,]ivw: may be,) that. 1 yrill dememi, 'myself ^as anattorney and this Court liprlgHtly "and ' '• counBellorbf Ho helD me God. itJDIOiAL OPINIONS. 227 clauses, ^hese all relate to past &ots. Some of .these acts conistituted, whea tbey were cam- fitted, offences agjainst the criminal daws of the country, and some of them may or may not have .been offences, aooorSing to the cii:cum- Btanoes under which they were committed and the motives of the parties. The^first clanse^covers one form of the crime of treason, and the affiant iniist declare that 'he has not been guilty of this crime, not only during the war of rebellion, but iSuring any period of .his 'life since he has been a citizen. The second clause goes beyond the liinits of treasoii, and embraces not only the giving of aid and. encouragement of a treasou- able nature to a public enemy, but also the giv- ing of assistance of aiiy kind to persons engaged in armed hostility to the United States. The third clause applies to the seeking, acceptance, or exercise, not only of offices created for the purpose of more effectually carrying on hostili- ties, but also of any of those offices which are required in every community, whether in peace or war, for the administration of justice and the pi'Aervation of order. The fourth clause not only iilclades those who .gave a cordial and ac- tive support to the hostile government, but also ihose who yielded a reluctant .obedience to the ^xisting'oj^r established writhout their ooiopera- tion. The statute is directed against ^parties who liave offended in any of the particulars embraced by these clauses, and its object is .to exclude fbem from tlie profession of ihe law, or at least from its practice in the courts of the United 'States. As the oath ,presci!ibed cannot be taken 'by these parties, the act as against them oper- ates as a legislative decree of perpetual exclu- sion. An exclusion from any of the professions 01: any of the ordinary avoosttious is- the modeiprovided for ascertaining Ethe pasties lupon whom ! the act is iutended to ■("operate, and, instead of 'lessening,'inBreases its ODJeritionable character. AH enactments of this kind: partake oftho natnre'of bills of pains and ^eualtiffl.-andare suljject 'to the BOnstitutional inhibition against the -passage of bills of attain-i der, under which gdneial I designation they are ancluded. Jin the rexclusion which the statUtei adjudges, it imposes a punishment for some of the aots;snBBifi^d,'whien were not punishable, or tmaymdt tave been^nnisbable at the time they were committed ; :tad itar other acts it adds a, ■;new punishment toithat then prescribed, and it is thuB bronghtwittoin the furtheT inhibition 6f ithe Coasiitntion againist'tbe passage of an ex^ •poitfaeto'lBsw^ In the case of Cummings' os. The State of Mis- aouri,, just decided, we had occasion to consider cfceraeaning of a bill of attainder and an ex'pait/^ rfaeto law in tlie clause of the ' Constitution for- bidding their, passage by the States.and it is un- necessary to-repeatThere what we-there-said. ^ Ai like. prohibition-is contained in the Gonstitutioni against enactments of this kind by Cpngress, 'and the argument presented' in that case ^.gainst certain clauses of the constitution of Missouri is equally applicable to the act of Congress under tonsideration in this case. The iprofession of an attorney and counselpi is not like an office created by an act of Con- gress, which depends for its continuance, its pow- ers, and its emoluments on the will of its creator, and the possession of which may be burdened with any conditions not prohibited by the Con- stitution. Attorneys and counselors are not officers of tho United States. They are not elected or aprpointed in the manner prescribed by the Constitution for tho'election or appoint- ment of such officers. They. are officers of the court, admitted as such by its order upon evi- dence of their possessing sufficient legal learn- ing and fair -character. Since the statute of 4 Henry IV, it has been the practice in England, and it .has aiiways been the practice in this coun- try, to obtain this evidence by an examination of the parties. In this Court the fact of the ad- mission of such officers in the highest court of the States to which they respectively belong for three years preceding their application is regarded .as sufficient evidence .of .th^possession of :the je- quisite legal learning, and the statement of coun- sel moving their admission sufficient evidence that their private .and .professional character is fair. The order of admission is the judgment of the. court that .the parties possess the requisite qualifications as attorneys . and counselors, and are entitled to appear as £uch and conduct causes therein. From its entry the parties become offi- cers of the court, .and ate responsible to it for professional misconduct. They hold their office during .good behavior, and can only be deprived of it .for misconduct, ascertained and declared by the judgment of the court, after qpportunity to .be .heard has been afforded. Their admission and their exclusion are not the exercise of a mere ministerial power. The court is not in this. respect the register .of the edicts of any other ..body. It is the exercise of judicial powers, and has been so held in nu- merous cases. It wasso held by the court of-ap- ,peal3 of -New York in the matter of the applica- tion of Cooper for. admission. "Attorneys and counselors," said thatcourt, "are udt only offi- cers of the .court, but officers whose duties relatjs almost exclusively .to proceedings of a judiciail nature, and hence their appointment may, with propriety, be entrusted to.the .courts ; and the 'lattetv in,,pei!forraing this duty, may very .justly be considered. as engaged in the.exercise of their appropriate.judioial lunotidns." In ex parte Se- icomb, a inandamus .to the supreme court of the ' Territory of Minnesota to .vacate an order re- Lmoving an attorney and counselor was denied 'by this court .on .the ground .that the removal was a ijudicial act. "We are not aware of any case,". said the •.court, " where a mandamus was issued to an in- ■ferior tribunal .commanding it to- reverse or an- -nul its decision, .wiete the decision was in its iiature a judicial act, and within.the scope of its jurisdiction and discretion." And in the same case the court o.bserved .that "it has been well settled by the rules and practice of common-law courts that -it rests exclusively "with the court to determine who.is qualified to become one of its officers as an attorney and counselor, and foi what causes he ought to -be. removed." The at- torney and counselor, being by the solemn ju'lt- 228 POLITICAli MANUAL. cial act of.the man clothed with his (iffioe, does not hold it-as a matter of grace and favor ; the right whibh it confers upon him to appear for siiitors, ajSj to argue causes, is something more than a mere-indulgence, revokable at the plea- sure of the court or at the command of the le- gislature ; it is a right of which he can only be deprived by, the jucjgment of the court for moral or professional delinquency. The legislature may undoubtedly prescribe qualifications for the office, with 'which he must conform, as it may, where it has -exclusive jurisdiction, prescribe qualifications forthe pursuit of any of the ordin- ary avocations of life ; but to constitute a quali- fication, the condition or thing prescribed must be attaina,ble, in theory at least, by every one. That which from the nature of things, or the past condition or conduct of thfl party, cannot be at- tained by every citizen, does not fall within the definition of the term. To all those by whom it is unattainable it is a disqualification which operates as a perpetual bar to the office. The question in this case is not as to the power of Congress to prescribe qualifications, but whether that power has been exercised as a means for the infliction of punishment against the prohibi- tion of the Constitution. That this result can- not be effected indirectly by a State upder the form of creating qualifications, we have held in the case of Cummings bs. The State of Mis- sourij-and the reasoning upon which that conclu- sion was reached applies equally to similax ac- tion on the part of Congress. These views are further strengthened by a con- Bider-atiom of the effect of the pardon produced by the petitioner and the nature of the pardon - ipg power of the President. The Constitution provides that the President " shall have power to grant reprieves and pardons for offences against the United States, except in oases of im-' peaohment." The power thus conferred is un- limited, with the exception stated ; it extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judg- ment. This power of the President is not sub- ject to legislative control. Congress can neither limit the effect of his pardon, nor orclude from its exercise any class of offenders. The benign prerogative of mercy reposed in him cannot be lettered by any legislative restriction. Such being the case, the inquiry arises as to the effect and operation of a pardon. On this point all the authorities concur : a pardon reaches both the punishment prescribed for the offense, and the guilt of the offender, and when the pardon is full it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offen(^e. If granted before conviction, it prevents any of the penalties and disabilities consequent upon conviction, from at- taching. If granted after conviction it removes the penalties and disabilities, and restores him - to all his civil rights. It makes him, as it were, B new man, and gives him a new credit and ca- pacity. There ia only this limitation to its ope- ration : it does not restore offices forfeited, or propenty or interests vested in others in conse- quence of thp conviction and judgment. The pardon produced by the petitioner is a full par- don for all offences by him. committed arising from participation direct or implied in the rebel- lion, and is subject to certain conditiotis which have been complied v.'itfc The effect of this par- don is to relieve the petitioner from all penalties and disabilities attached to the offence of trea- son committed by his participation in the rebel- lion. So far as that offence is concerned he-is thus placed beyond the reach of punishment of any kind ; but to exclude him by reason of that offence from continuing in the enjoyment of plfe- viously acquired right is to enforce a punish- ment for that offence notwithstanding the par- don. If such exclusion can be effected by the exaction of an expurgatory oath covering the offence, the pardon may be avoided, and thsit accomplished indirectly which cannot be reached by direct legislation. It is not within the con- stitutional power of Congress thus to inflict punishment beyond the reach of executive clem- ency. From the petitioner, therefore, the oath re- quired by the act of January 24, 1865, cannot be exacted, even were that act not subject to any other objection than the one just stated. It fol- lows, from the views expressed, that the prayer of the petitioner must be granted. The case of R. H. Marr is similar in its main features to that of the petitioner, and his petition must be granted ; and the amendment to the sec- ond rule of the court, which requires the oath pre- scribed by the act of January 24, 1865, to' be taken by attorneys and counselors, having been unadvisedly adopted, must be rescinded, and it is so ordered.* DISSENTINa OPINION. Mr. Justice Miller. I dissent from both the opinions of the Court just announced. It may be hoped that the exceptional circumstances which give present importance to these cases will soon pass away, and that those who make the laws, both State and national, will find in the conduct of the persons affected by the legislation just declared to be void sufficient reason to re- peal or essentially modify it. For the speedy return of that better spirit which shallleave.no cause for such laws all good men look with anx- iety, and with a hope, I trust, not altogethler unfounded. . But the question involved, relating, as it does, to the right of the legislatures of the nation and the States to exclude from offices and places of high public trust, the administration of whose functions is essential to the very existence of the Government, those of its own citizens whp engaged in the recent effort to destroy that Gov- ernment by force, can never cease to be one, of profound interest. It is at all times the exerqise of an extremely delicate power for this Court to declare that the Congress of the 'nation or the ♦The new order, made by a majority, la as follows :" Sdprehi! Court op the Unitss States. December Term, IS66.— Monday, Jammry 14, 1S67. Order op Court, It Is now here ordered by the Court that the awendmcnt to the second rule of this Court, which requires the oath prescribed by the act of Congress of January 24, 1865, td be taken by attorneys and counselors, ))e, and the same is, hereby rescinded and annulled. JUDICIAL OPINIONS. 229 legi£.iativa Ijody of a State has assumed an au- thority not belonging to it, and,, by violating the Constitution, has rendered void ite attempt •at legislation. In the case of an act of Congress, which ex]iresses the sense of the members of a oo-ordmate department of the Government, as much hound by their oath of office as we are to respect that Constitution, and whose duty it is, as much as it is ours, to be careful that no statute is- passed in violation of it, the incompatibility of the act with tiie Constitution should be so clear, as to leave little roason for doubt before we pronounce it to be invalid. Unable to see this incompatibility either in the act of Congress or in the provision of tlie constitution of Mis- souri upon which the Court has just passed, but entertaming a strong conviction that both were withiu the competency of the bodies which en- acted them, it seems to me an occasion which demands that my dissent from the judgment of the Court and the reasons for that dissent should be placed on its records. In the comments which I have to make on these cases, I shall speak of principles equally applicable to both, although I shall refer more directly to that which involves the oath required of attornej'S by the act of Congress, reserving to .the close some remarks more especially appli- cable to the oath prescribed by the constitution of the State of Missouri, ■ • .-. The Constitution of the United States , makes, ample provision for the establishment of courts of justice, to administer its laws and protect and enforce the rights of its citizens. Article 3, section 1, of tliat . instrument says that "the iudicial power of the United States shall be Vested in one supreme court and s^ich inferior courts as Congress may from time to time ordain and establish." Section 8 of article 1, closes its enume- ration of the powers conferred on Congress by the broad declaration that it sliall have authority "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Con- stitution in the Government of the United States, or in any department thereof" Under these provisions. Congress has ordained and established circuit courts, district courts, and Territorial courts, and has, by various statutes, fixed the nutaber of the judges of the Supreme Court; it has limited and defined the jurisdiction of all these and determined the salaries of the judges who hold them. It has provided for their neces- sary -ofiScers, as marshals, clerks, prosecuting at- torneys, bailifi's, commissioners, and jurOrs; and by the act of 1789, commonly called the judiciary act. passed by the first Congress assembled under the Constitution, it is, among other things, en- acted " that in all the courts of the United States parties may plead and manage their causes per- spnally, or by the' assistance of such counsel or attorneys at law as by the rules -of the said courts respectively shall be permitted to manage and Eonduct causes therein. It is believed that no civilized nation of modern times has been without a class of men intimately connected ,w,ith the courts and with the administration of justice, called variously attorneys, counselors, solictors, proctors, or other tfrms of similar im- port. The enactment which we have just cited recognizes this body of men and their utility in the judicial, system of the United States, and imposes upon the courts the duty of providing rules by which persons entitled to become mem- bers of this class may be permitted to exercise the privilege of managing and conducting causes in those courts. They are as essential to the successful working of the courts as clerks, sheriffs, and marshals, and, perhaps, as the judges them- selves, since no instance is known of a court of law without a bar. The right to practice law in the pon an attentive exam- ination of the distinctive features of this kind of legislation, I think it will be found that the following comprise the essential elements of bills of attainder, in addition to the one already mentioned, which distinguished them from other legislation, amd which made them so obnoxious to the statesmen who organized our Government: First, they were convictions and sentences pro- nounced by the legislative department of the G6vernment instead of the judiciary ; second, the sentences pronounced and the punishments inflicted were determined by no previous law or fixed rule ; third, the investigation into the guilt of the accused, if any such were made, was not necessarily or generally conducted in his presr ence or that of his counsel, and no recogniz^ rule of evidence governed the inquiry- (Ses Story on the Constitution, section 1,.S44.) It is no cause for wonder that the men v^ae had just passed successfully through a desperate struggle m behalf of civil liberty should feel 8 detestation for legislation of which these were the prominent features. The framers of our po- litical system had a full appreciation of the neces- sity of keeping separate and distinct the primtoy departments of the Government. Mr. Hamiltop, in the seventy-eighth number of the Federalist, says that he agrees with the maxim of Montes- quieu, that there is no liberty if the power of judging be not separated from the legislative and executive powers ; and others of the ablest num- bers of that publication are devoted to the pur- pose of showing that in our Constitution these powers are so justly balanced and restrained that neither will probably be able fo make much encroachment upon the others. Nor was it less repugnant to their views of the seonriiy of per- sonal rights that any person should be con- demned lyitbout a hearing and punished with JUDICIAL OPINIONS. 2ai ot».t a, la-^r p]»,:?ipi;sl7 pi^scrijbmg the nature and ostent of that puniskinent, They therefore Btriwk boHly at all this machinery o£ legislative despotism, by forbidding, the passage of billa of %l;tainder audi ex post facto laws, both to Con- gress and to the Sta^tes. .It remains to inquire whether in the, act of Qpngress under consideration — and the remarks apply with equal force, to the Mi£souri constitu- tion—there is found any of- these, features, of bills of attainder, and, if so, whether there is sufficient in the act to l?ring it fairly \yithin the description of tha,t class of hUl^ It i^, not cla,imed that th? |a,w works a ooiruptiou of blood. It will there- fore be conceded at once that the act does not contain this leading feature of bills of attainder. ITor am I capable of seeing that it coufaiins a .conviction or sentence of any designate^ person or persons, It, is 6:aid tha,t it is not necessary to ahill of attainder that the. party to he affepted sliould be nai,tied in the a,ct, and the a,ttaind,er ^f the Earl ot Kildar^, and his associates is re- fer];ed to as showingifJhait the act was aimed a,t a, class. It is very'ta^ t^iat bills of attainder |iave been parsed against p?raops by some de- scription wnen tl;ieir names were unknown, but iin such aases the law leaves nothing to be done to! gender its operatiau effectua,^ but to identify those persons. Their gviilt, its nature, and its punishment are fixed by tlie statute, and only their personal indsntity remains to he made out. puch was the case al,luded, tp.. The act declared the guilt and punisl^ment of the Earl of Kildare an^ all who w^re associated with him in his en- terprise, and all ^hat was required to insure their p.unishment was to prpvs that association. If this were not sp, tten it was mere brutum fuh men, and the parties pther than the Earl of Kil- dare could only be punished, notwithstanding the act, by proof of their guilt before, some com- petent tribunal. No persoj^ is pointed out in the act of Con- gress, either by name pr by description, against whom it is to operate. Tiig path is only required pi those who propose to accept an office or to practice laiy, and as a prerequisite to the expr- ' pise of the functions pf the lawyer or the officer it is demanded of all persons alike. It is said to he directed, as a class, to those alone who were en- gaged in the rebellion- but this is m-aiiifestly mcorrect, as the oath is exacted alitei from the ' Jpyai and disloyal nnder the'Iik^ circum^tanops,, g,nd none are compelled to "take it. Neither does the act declare any conYJotion either of persons gr classes. If so, who are they, and qf what ,inrne are they declared to he guilty ? Nor does it pronounce any sentencp or inflict any punishr ; pjgnt. If by any possibilit^y it irs which cover his body, the same as of the guiltiest trai- tor in the land. His refusal to take the oath subjects him to no prosecution ; his taking it clears hiiii of no guilt and acquits him of no charge. Where, then, is this ex post facto law which tries and punishes a man tor a crime committed before it was passed ? It can only be found in those elastic rules of construction which cramp tbe powers of the Federal Government when they are to be exercised in certaiudirections, and enlarge them when they are to be exercised in others. No more striking example of this could be given than the cases before us, in one of which the Constitution of the United States is held to confer no power on Congress to prevent traitors from practicing in our courts, while in the other it is held to confer power on this Court to nullify a provision of the constitution of the State of Missouri relating to a qualification re- quired of ministers of religion. But the fatal vice in the reasoning of the ma- jority is in the meaning which thej attach to the word "punishment," in its application to this law, and in its relation to the definitions which have been given of the phrase ex post facto law. Webster's second definition of the word " punish " is this: "In a loose sense, to afflict with pain, &c., with a view to amendment; to chasten;" and it is in this loose sense that the word is used by the Court as synonymous with "chastise- ment," "correction," "loss or suffering to the party supposed to be punished," and not in the legal sense, which signifies a penalty inflicted for the commission of a crime. So in this sense it is said, that whereas persons who have been guilty of the offences mentioned in the oath were, by the laws then in force, only liable to be pun- ished with death and confiscation of all their property, they aire, by a law passed since those offences were committed, made liable to the enor- mous additional punishment of being deprived of the right to practice law. The law in question does not in reality deprive a person guilty of the acts therein mentioned of any right which he possessed before, for it is equally sound law, as it IB the dictate of good sense, that a person who, in the language of the act, has voluntarily borne arms against the Government of the United States while a citizen thereof, and who has volun- tatHy given aid, comfort, counsel, or encourage- ment to persons engaged in armed hostility to the Government, has, by doing those things, forfeited his right to appear in her courts and take part in the administration of her lawn. Such a per- son has exhibited a trait of character which, without the aid of the law in question, author- izes the court to declare him unfit to practicS before it, and to strike his name from the roll of, its attorneys, if it be found there. I have al-^ ready shown that this act provides for no indict- ment or other charge, that it contemplates and. admits of no trial, ard I now proceed to nhow that even if the right of the court to prevent an attorney guilty of the acts mentioned from ap- pearing in its forum depended upon the statute,' still it inflicts no punishment in the legal sense of that term. "Punishment," says Mr. Wharton in his Law Lexicon, "isarenalty for transgression, of the law," and this is perhaps as comprehensive and] at the same as accurate a definition as can h6; given. Now, what law is it whose transgressionu is punished in the case before us? None is,i referred to in the act, and there is nothing on its face to show that it was intended as an audi- i tional punishment for any offence described in any other act. A part of the matters of which the applicant is required to purge himself on oath may amount to treason, and surely there could . be no iufcention or desire to inflict this small ad- - ditional punishment for a crime whose penalty ; was already death and confiscation of property. ; In fact, the word " punishment " is used by the.' court in a sense which would make a great num ber of laws, partaking in no sense of a criminal character, laws for punishment, and therefore ex post facto. A law, for instance, which increases J the facility for detecting frauds, by compelling a party to a civil proceeding to disclose his transac- tions under oath, would result in his punishment in this sense if it compelled him to pay an honest ' debt which could not he coerced from him be- ' fore ; but this law comes clearly within the class ' described by this Court in Watson vs. Mercer, as a civil proceeding which affects private rights retrospectively. Again, let us suppose that several persons af- flicted with a form of insanity heretofore deemed: harmless shall be found all at once to be danger- ous to the lives of persons with whom they associate. The State, therefore, passes a law. that all persons so affected shall be kept in close confinement until their recovery is assured. Here is a case of punishment, in the sense used by the ' Court, for a matter existing before the passage of 1 the law. Is it an ex post facto law ; and, if not,,? in what does it differ from one? Just in the same manner that the act of Congress does — namely, that the proceeding isi a civil, and not a criminal proceeding, and that the impri.wnnient ., in the one case, and the prohibition to practioe^. law in the other, are not punishments in the legal meaning of that term. The civil law maxim, nemo debet bis vexariprt una et eadem causd, has long since been adopt- . ed in the opmmon law as applicable both to civil and criminal proceedings ; and one of the amendments of the Constitution incorporates this principle into that instrument so far as pun- ishment affects life or limb. It results from this rule that no man can be twice lawfully punished for the same offence. : We have already seen that the acts of which th4 party is required to purge himself on oath con- stitute the crime of treason. Now, if the judg- ment of the Court in the cases before us, insteadj of permitting parties to appear without taking JUDICIAL OPINIONS. 233 the oath, tad been the other way, here would have been the case of a person who, on the reas- oning of the majority, is punished by the- judg- ment of this Court for the same acts which con- stitute the crirn^ of treason ; and yet, if the applicant here should be afterwards indicted for tieason on account of those same acts, no one would pretend that the proceeding here could be suecesBfully pleaded in bar of that indictment. But why not? Simply because there is here neither trial nor punishment within the legal meaning of these terms. I maintain that the purpose of the act of Con- gjress was to require loyalty as a qualification of all who practice law in the national courts. The majority say that the purpose was to impose a pninishmeut for past acts of disloyalty. In press- ing this argument, it is asserted by the majority that no requirement can be justly said to be a qualification which is not attainable by all, and that to demand a qualification not attainable by all is a punishment. The Constitution of the United States provides as a qualification for the office of President and Vice President that the person elected must be a native-born citizen. Is this a punishment to all those naturalized citizens who can never attain that qualification ? The coostitutiou of nearly all the States requires as a qualification for voting th'at the voter shall be a white male citizen. Is this a punishment for all the blacks who can never become white? It was a qualification required by some df the State con- stitutions for the office of judge that the person should not be over sixty years of age. To a very large number 'of the ablest lawyers in any State this is a qualification which they can never at- tain, for every year removes them further away from the designated age. Is it a punishment ? The distinguished commentator on American law and chancellor of the State of New York was deprived of that office by this provision of the constitution of that State. He was, just in the midst of his usefulness, not only turned out of office, but he was forever disqualified from holding it again by a law passed after he had accepted the office. Here is a much stronger case th-ra that of a disloyal attorney forbidliy law to practice in the courts, yet no one ever thought that the law was ex post facto in the sense of the Constitution of the United States. Illustrations of this kind could be multiplied indefinitely, but they are unnecessary. The his- tory of the time when this statute was passed, the daikest hour of our great straggle, the ne- cessity for its existence, the humane character of tlie President who signed the bill, and the face of the law itself, all show that it was purely a qualnicition exacted in self-defence of all who took part in administering the Government in any of its departments, and that it was not passed for the purpose of inflicting punishment, however meated, for past ofiences. ' ■I think I have now shown that the statute in question is within the legislative power of Con- gress in its control over the courts and their of- ficers, and that it is not void as being either a biil of attainder or an ex post facto law. If I am right on the question of qualification and punishment, that discussion disposes also of the ptoposition that the pardon of the President re- lieves the party accepting it of tlie necessity of taking the oath, even if the law be valid. I am willing to concede that the presidential pardon relieves the party from all penalties, or, in other words, from all the punishment which the law inflicte for his offence; but it relieves him from nothing more. - If the oath required as a condi- tion to practicing law is not a punishment, as I think I have shown it is not, then the pardon of the President has no effect in relieving him from the requirement to take it. If it is a qual- ification which Congress had aright to prescribe as nec'essary to an attorney, then the President' cannot, by pardon or otherwise, dispense with the la\^ requiring such qualification. This ia not only the plain rule as between the legislative and executive departments of the Government, but it is the declaration of common sense. The man who, by counterfeiting, by theft, or by murder, or by treason, is rendered unfit to exer- cise the functions of an attorney or counsellor at law may be saved by the Executive pardon from the penitentiary or th^ gallows, but is not thereby restored to the qualifications which are essential to admission to the bar. No doubt it would be found that very many persoiis among those who cannot take this oath deserve to be relieved from the prohibition of the law, but this in nowise depends upon the act of the Presi ■ dent in giving or refusing a pardon ; it remaiub to the legislative power alone to prescribe under what circumstances this relief shall be extended. In regard to the case of Cummings vs. The State of Missouri, allusions have been made in argument to the sanctity of the ministerial office and to the inviolability of religious freedom in this country ; but no attempt has been made to show that the Constitution of the United States interposes any such protection between the State governments and their own citizens ; nor can anything of the kind be shown. The Federal Constitution contains but two provisions on this subject. One of these forbids Congress to make any law respecting the establishment of rpligion or prohibiting the free exercise thereof; the other is, that no religious test shall ever be re- quired as a qualification to any office or public trust under tne United States. No restraint is placed by that instrument on the action of the States ; but, on the contrary, in the language of Story, (Commentaries on the Constitution, sec- tion 1878,) the whole power over the subject of religion is left exclusively to the State govern- ments, to be acted upon according to their own sense> of justice and the State constitution. If there ever was a case calling for this Court to exercise all the power on this subject which properly belonged to it, it was the case of the R^v. B. Permoli, reported in 3 Howard, 589. An ordinance of the first municipality of thecity of New Orleans imposed a penalty on any priest who should officiate at any funeral in any other church than the Obituary Chapel. Mr. Permoli, a Catholic priest, performed the funeral servipeH of his Church over the body of one of his parish- ioners enclosed in a coffin in the Roman Catho- lic Church of St. Augustin. For this he was fined, and relying upon the vague idea advanced here, that the Federal Constitution protected him in the exercise of his h-oly functions, he 23.4 PO^iJIICAL -^.ASJJAh. brought the case to this Court; hut, li,%rd a^ the case was; the Court replied to him in i^ follow- ing language : " The Constitutioji of the United States makes no provision for protecting the citizens of the respective States in, their relig- ious liberties ; this' is left to the State constitu- tions and laws; nor is there any inhibition imposed by the epnstitution of thft vnitpd States in this respect on the States." Mr. Permpli's writ of error was therefore dismissed for warDt of jurisdiction. In that case an ordinance of a mere local corporation forbade a priest loyal to his Government from performing wJiat be, believed to be the necessary rites of his Cb,u;i:oh over the body of his de,parted frienid. This Court said it could give him no relief. In this case the constitution of the State of Mis- BQuri, the fundamental law of the people of that State, adopted by their popular vote, d.ecla,res that no priest of any Churcti shall exercise his ministerial functions' unless he will show by his own oath that he has borne true allegiance to his Government ; and this Court now holds this constitutional provision void, on the ground that the Federal Constitution forbids it. I leave the two cases to speak for themselves. In the discussion of these cases I have said nothing, on the one hand, of the grea,t evils in- flicted on the country by the voluntary acti|On of many of those persons affected by the laws under consideration, nor, on the other hand, of the hard- ships which they are now suffering much more as a consequence of that action than of anv laws which Congress could possibly frame ; but 1 have endeavored to bring to the exam.ination of the grave questions of constitutioiial law involved in this inquiry those principles alone virhich a,Te calculated to assist in 'determining what the law is, rather than what in my private judgment jt ought to be. I am requested to say that the Cliief Justice and Justices Swayne and Davis concur i;i this opinion. ' Opinion of the Supreme CouTt of the Sistriet of Columbia in a like Case, February 12, 1867 Chief Justice CABtiEE said : This is a motion on the applica,tjon of Mr-, Allen' B. Magruder and others 'for admission to the bar of this court, connected vvith a motipn to rescind the rule which provides that es^ch ap- plicant for admission to bar shall, befpre being admitted, take and subscribe the following oath- -, do BolemD]y that I hf\ve D,ever Tolqpta- "I,- rily borne arms against the TJnito(^ States s^nce I have been a citizen thereof; that 1 have voluntarily gtyen no aid, cq^ntepiince, couiiBel, or oncourageineDt to persons engage^ iOf armed hostility theretd; that I have neither sought, nor , accepted, nor attempted to exercise, the f'unctions of any qflice whatever, under any authority, or pretended author- ity, in hostility to tho United States; that I have no,t yielded a voluntary support to any pretended government, author- ity, powei-, or constitution 'within the United States, hostile or inipiical thereto. And I do further that, to the best oi my Ifiuowledge and ability, I will support tin^ dpfand the Ooiistitutton of the United' States against all enemies, for- eign and domestic; that I, will boar true faith and oUe- gjlaiice to the same; that I take (liis obligjution freely, witboBt any.fncntal reaervatiqn or purpose of evasivu, an4 that I will well and faithfully discharge the duties of ttie office on which I am about to enter : so help me Ood, Sworn t^ and Biibsorib^d before me this — rr day of ^,, 18ft— ." The (jonsideration of the subject in the order ui the application suggests the inquiry, whether- the applicant is.eligible tp,admi,ssion irrespeettde ' of the, oath. His-liisto^ ia this, connection, 43 rendered by himself, maEes.him a citizen of t.he District of Columbia immediately, antecedent to the outbreak pf th,e, rebellion, %nd; a memb?E.ifl tlie bar of the forme;; circuit c'ourt, and; as sfljdi attorney under the phligatioii of the. follow,iB« oath, which i;i,e tpok, and subso^bgd on th'a;12tE of December, 185.7: " I do solemnly swear tliat I willsnppp^t the Ooiwtit^UgD of the United States ; that I do not hold mygelf if\ alX?gi*Hj5e to, tie ki'iiR or queen of Great Britain; and that I will wejl and truly behave and demean myself- in the office of attor- ney of this court ip all thioga aupej;tainfng.to the duties thereof, to the best of my sUill and jadginen,t; bo l>?l;p,3gB Ood-. And rdeolnre that 1 believe in fjie Christian reli^lo|^'" It also appears, from his own statement, tMt about the time of the inauguration of the re|)j|- lion, and before the secession of Virginia^ be traijsferred himself from this jurisdicUon to \>k^ State, where he became an 6$cer in the. rebd army, dpubtless, as such, binding himself und^ oath to dp, all in his power to destroy thia Goj;- ernment , .. . • The reason he assigns for the violation, of bis p^Ji to support the Constitution, of the United Sta^teg, as an attorney of the former circuit court, as we understand him, is that he was a native of Vir- ginia, and owed to "Virginia a paramount fea|t^. The mere statement of his case,' as given by him^ aelf, would seem to make it impossible for any f^ j- eral court to incorporate him among its officers, The assuiflption of Sta,te sovereignty and tt^e paramount duty of the citizen to the State is, o^d as a pretence in justificiii,ti,on for resistance; to federal authority, haying been chiefly used as a means to' that end ; ^ut as an honest conviction of intelligent judgment it has been entertained but by few. The proposition that a part is greater than the whole, and that the Govern- inent of the Dui.ted States on\j exis,ted at the will of one of its mepbers, is incapable of belief, and simply argues that the Grovernment of t^^ ■United States never existed, or if it had existp enoe, had not vitality for self-preservation. Tl^e disqualification of the applicant for admission 13 made more significant if possible .by his disiucli- nfation and failure to say that i^ taking the oat|( to support the Constitution of the United Sta|tea in contemplation of admission to the h^v of um, court, he would regard it as binding him and h^^ conscience in pt^rampunt duty to this Goveri^- ment. The essential absurdity pf the positipnj, that a State in conflict with the federal power Isi greater than the nation, and duty to the Statfi greater than duty to the nation, , which was pu^ forth prior to the rebellion chiefly as a speculsj- tiye means to the destruction of the Federal Govt ernment, seems still to afflict him, notwithstand- ing it has been persuaded and whipped outof nearly everybody else of siinilar hallubinatipp by five years of bloody war and the sacrifice of about a million of ;ne'n. It will be perceived, from this view of his case, that if the oath in questipn did not exist, it wbiild still be imppS' Bible for the court to give the applicant admis- sion to this bar. This leads us tp the consideration of the motion tp rescind the first rule of this cpurt, adopted March 23, 1863, in ordpr that the several parties named in the motion niay be admitted as meni' jTDrcr^;. >i;;i..ojN,iS. •Mo bers of the bar without first taking the oath pre- acrib«sd by tha,t rule. ■ We understand the motion to be based sub- Btaiitially upoa the assumption that the oath is ^^constitutional, that its unconstitutionality has been determined by the Supreme Court, and that that'determination is mandatory upon the judgr msnt of thia coujrt ;, that it is unconstitutional because it is es post facto and in the nature of a , penftlty. It is a fundamental rule, that to au- thorize a court to pronounce a law unconstitu- tional the f&,ult of the law should he clear, and ; jit$ violation of the Constitution unembarrassed by doubt. Deference to the deliberations and jddgment of the law-snaking and co-ordin^ate prahch of the Government not only recommends this rule, but makes it imperative. Up to the time of the publication of the recent opiinioit of ^h.e majority of the Supreme Gtjurt, this court, ;^om the time of the adoption of the rule,, ha; entertained no doubt of its constitutionalffy, e^ pf its propriety and necessity. The onl^ doubt now existing in this regard nas been raised by 'ttie expressign of the opinion of the rnaJQ^ity of Ihat Court. Xt is said to be em post facto, and in, the nature of a penalty. Let lis inquire. The penalty for *fhat act? A 1S.W after what act ? Poeq it pro- pose to inflict an additional penalty fbr the trea- son committed, or simply to leave the traitor vfhere the treason left him — in the enjoyment of ' all the ordinary and natural estate of the citizen ? The fx postficto pj8,nalty OQutemplated bylaw is & new penalty p^esqiibesd fQT previgus crime^.-.T a new punishment for an old transgression. Does this rule do that? If it does,, it is by withhold- ing a privilege that the pa?ty never had, aiad '^at does not pertain to the estate of ordinary citizenship. The fact in the prejnises which it ig objected is ex post, facto is the office, of attcffjiey, with it!! privileges and immunities as a member ^ this bar— a, fiwt which the party never hM, »ad is now for the first time seeking. The Qon-. ^tion to the enjoyment of the offiee complained 'of here, i?stead. of being after the fact, precedes it, and is really eomplaiaed of as, an obslaeU to it The oath, instead of being a penalty, is sitaply among the evidences of flfceaa. for the en- joyment of tie estate in, prospect, which, amoag pother tests, this court has seen fit to impose for the protection of the morah^ of the. ba^ mi the integrity of the Government. This view Qf the ijature and constitutional character of this rule is sufficiently satisfaotory to. our mind without the aid even of the ackijow- ledged constitutiona,! power of Congress to make ietroaqtivelawa. ■ ^v « i,* ^.u- It is unnecessary to discuss m the light of this ?,rgument the effect of the pardon, inasmuch as it 18 not part of the office of a pardon to create in a criminal new rights disconnected with his crime and which he did uot before possess. But it is insisted that the unconstitutionality (jf this rule has been determined by the Supreme Court, which determination is mandatory upon this court. In ascertaining wha^ the Stipreme Court has determined, the first guide to judg- Jn'ent is the consideration of the case that the Su- preme Court had before them. If the case be- fore them defines the limits of their opinion, that Co.u.rt has not decided the case before ua. The case decided by the Supreme Couirt was the case of an existing member of their bar. The case before us is the case of the application of par- ties for admission to the bar. The case in the Supreme Court was a privilege in possession. The case before us is a privilege in prospect. The decision in the Supreme Court involved a dismemberment from the bar. The decision here involves admission to the bar. It may be said of the case in the Supreme Court that the par- don, of' the President, so far as the legal disabili- ties of Garland were concerned, removed them. It cannot be said that a similar pardon in the case before us would create the privilege. If the law expounded by the majority of the Supreme Court IS simply an exposition of the case they had before them, it is not analogous with the case at bar j and it may be w3l questioned whether it would be authority beyond the lim- its of the legitimate issue presented. Outside of the issue, at most, it could only be considered as the expression of opinion W envinent judges. Hie. question remaining to be considered in thjs connection is,, conceding the decision of the Su- preme Court io, be in point, whether it is man- datory upon the judgment of this court. This question iS to be determined by the legal rela- tion of this tribunal to that. Tb make their de- cision mandatory upon the judgment of this court in the strict, definition of their authority, they ffiiist haye the power to execute it upon the deliberation of this court. The only power they possess in this behalf is given by act of Congress, and regulated by the right of appeal, and confessedly does not extend to the subject under consid'eratiqu, If there was any doubt upon this point, that dgubt has been removed by the repeated decisions of that eminent tribunal. In ex parte B^.rr, § Wheaiton., 529, Chief Justice Marshall, delivering the opinion of the Court, said : "QiioQeb»B(ltt>e]>rqfessiQn df m sttorney is of grei^t importance to an individna], and the prosperity of his whoI» liiW may depend on its exercise. The right to exercise it Q^giilj 9Qt to b». Ugt^tiy or ^^jfi^iously t)^£ea from him.. Oa (he other hand it igejifemely desirjiWe th^t the respectar bility of the bar sliouid be maintained, and that its hartnony with the benoh should be preserved. For these objects some c^gtrolUnf pewefj t) J id ft v\m o*ss." In expentc John Ii. Tillinghast, 4 Peters, 108, the Court said : " When, on a former occasion, a mendoLmui: was applied i^»to restoro Mr. Sillingh^t to the roU of counsellors t6 tijo dwtri'it c9(irt, tills Cowt rafussS tu ipterftre with the matter, nqt considering the same within their cognizance." 4pd, in «a!^»r(i.s,8eeomb. 19 Hewao'd, page 13, Chief Justice Taney said ; " I'n the (!(^e of TJUinghMt W- ConfeliBg, wbioji ciiia^ bfr fore this Court in .Januai^y term, 1820, f^ similar motion waa overruled by the Oourt. The case is pot reported to the Cour^ but a brief >rritt^n opinion romains on the files of the Oourt, in ^hjcl) t{ie Qoiirt ^ws tliat tha pootion is overruled \ipon tijO gr<>und that it had not jurisdiction in the cnse. The r?r moval of the attorney and counsellorin that case tools plaee in a dia Wet eourt of the llBttcd states, eseroisiing the ppw«r of a ^irquit cimrt in a court of thakt ohftrsicter, am^ the rel^ tiona between the court an4 the attorneys and cpunselora 23G I'OLITICAL MANUAL. who pracliso ill it, and their respective rights and duties, svo rcKiiltited liy tho common law ; and it lias been well set- f led l.y tho common rules and practice of the common law ctuits that it rests ea:cZu5uie^^ with the court to determine whoi^ quiilifiod to lieconie one of its ofRcers as an attorney and counsellor, and for wliat cause he ought to be removed." After these repeated decisions this question may be said to be res judicata. ^ The inherent right of each court tp regulate its own rules of practice, including the terms of admission ofattorneys to and dismissions from the bar, has come down to us unquestioned through the long life of the common law. With regarii tc this court, and its inherent power of maiking its rules of admission to and dismission from the bar, Congress, the law-maker of this court, has not only confirmed the common law , power of the court, hitherto deemed almost neces- sary to the existence of the court, but made it the duty of the court, in the organic act of its creation, to exercise that power, leaving the court in its discretion the sole tribunal to pass upon the question, subject only to the penalty •of impeachment for the abuse of the power. These considerations are conclusive of the as- sumption that the opinion referred to is author- ity with this court. While we deny to this de- cision of the Supreme Court the office of such authority, we acknowledge the potency of that tribunal as the instructor of judgment, and if it had united its great wisdom in the pronuncia- tion of opinion invalidating the rule in contro- versy we should feel disposed to bow to it. But it comes to us as advisory! and we must receive it upon the conditions upon which it is Bent. These conditions in the way of advice are that a majority of one of that Court counsels the condemnation of the rule, while a minority of one less than the majority counsels its support, leaving this court to form its own opinion with- out any substantial aid from the decision. If we were to adopt the conclusion of the ma- jority, it would be at the expense of condemning a law of Congress in defiance of the rule of judgment already referred to, and substantially upon the opinion of a single justice of the Su- preme Court, for the judgmant, after all, weighed in the balance, is reduced to the opinion of one justice, a result, however binding, not very jm- pressive of wisdom when applied to the condem- nation of a law. In January term, 1835, the Supreme Court, through Chief Justice Marshall, refused to take ,np the cases of the Mwor of New York vi. Gfebrge Miln and George Bricer va. the Common- wealth's Bank of Kentu^cky (9 Peters, 85) be- cause the Court was "not full," in consequence of the resignation of Justice Duvall. This controversy of judicial opinion, largely attributable to political excitement, demonstrates to our judgment that the question in controversy is so involved with political considerations as to render it eminently proper that it should be re- ferred back to the political power of the nation, and the law-making power which created it be consulted in its modification or repeal. Without suggesting what would be our judg- ment as to tne modification of the rule, or whether any, let it be sufficient to say that it is a question for legislation, and not for adjudica- tipn. The motions are denied. JUDSE WYLIE S OPIJflOS. Matter of the application of Allen B Magm- der to be admitted to the bar of the suprem* court of the District of Columbia. ■ Also, motion made by Mr. Bradley, that said' court rescind its rule requiring applicants for admission to the bar to take the oath commonlj' called the test-oath, prescribed and adopted 23d March, 1863. This application and this motion, though in. some respects distinct subjects, have Ijeen argu64 together. • • -' I shall first proceed to consider the motion to rescind our rule. By the act of the 3d March, 1863, the late oir-^ cuit court and the late criminal court of this District were abolished, and their powers afld jurisdiction transferred to the supreme court of the District of Columbia, which was established' by the same act. That act afco conferred upon this court full power to make all rules which it might think proper relating to the practice of the court. At the first meeting of the new court, held on the 23d of March, 1863, it was ordered that all applicants for admission to the bar should take and subscribe, as a condition of their admission^: the oath, which the judges had themselves volun;' tarily taken, prescribed by the act of Congre^: approved July 2, 1862. j; That act is in the following words : "That hereafter every person elected or appointed to any ofSce of honor or profit under the Government of the United States, either in the civil , military, or naval depart- ment of the public service, excepting the President of tfafr- United States, shall, before entering upon the duties of sucll office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation : 'I, A B, do solemnly swear (or aflirm) thltt^ I have never voluntarily borne arms against the United^; StateSiSince 1 have been a citizen thereof; that 1 have to)*'.' Untarily given no aid, countenance, counse1,or encouragement to peraons engaged in armed hostility thereto; that 1 have neither sought nor accepted nor attempted to exercise the functions ot any office whatever, under any authority or pretended authority, in hostility to the United States ; that 1 have not yielded a voluntary support to any pretended government, authority, power, or constitation within thO- United States hostile or inimical thereto; and 1 do furtl^er swear (or affirm) that, to the b^st of my knowledge and.- ability, I will support and defend the Constitution of Uie- United States against all enemies, foreign or domestioi'i that I will bear true faith and allegiance to the same ; that I tak^ this obligation freely, without any mental reservatiott or purpose of evasion, and that I will well and faithfulljK discharge the duties of the office on which I am about -ta: enter; so help me God." This oath has been taken and subscribed by every one who has since been admitted to tha bar of this court. { The act, however, was not of itself obligatp^yji upon the court or any of its officers, but onlji; upon persons in the civil, military, or naval de- partments of the public service. But we were in the midst of a terrible civil' war ; surrounded by a large population, many of whom were, in sentiment at least, disloyal to the Gtovernment; we were a court created, fay the United States, to stand if it stood, and b« destroyed if it were overthrown ; we were a);, the capital of the nation, and yet in sight of tha armed forces of the rebellion. Treason walked- our very streets defiantly, and encouraged its partisans amongst us with the promise of a speedy triumph of the rebellion. .,,i It was at a time like this that the :ourt faK'i JUDICIAI. OPINIONS. 237 Itself called upan to exert its whole power to e«ckide the traitors to their country from admia- Bioa to the bar of one of that country's courta, and we ordained the rule which we now have under consideration. ..Its constitutionality was not then called in question, nor was its propriety doubted, i The bffice of attorney at law is one~^ known to the common law, and with us is regulated in part by Uiat law, partly by several acts of the 4(esembly of Maryland yet in force in thia Dis- trict, and partly by the act of Congress of 3d M»rch, 1863, creating this court. The Engliah statutes relating to attorneys at law are not in force here. i.At common law no one was allowed to prac- tice law in any court till after examination and Sidmisaion, ana every court posseased the exclu- sive power of prescribing the qualifications and conditions for admission to its bar. Blackstone says: i"No one can practice as an attorney in any of tlie courts of Westminster Hall bnt such as is admitted and sworn an attorney of that particular court; an attorney of the of urt of lung's bench cannot practice in the common pleas, nor tiice versa." ^'The statute of Maryland of April, 1715, ch. 41, sec. 2, conferred upon the courts of that gtate full powers to make "such rules and orders from time to time for the well-governing and regu- lating the said courts, and the officers and suitors thereof, as to the courts, in their discretion, shall seem meet." By another act of Maryland of the same year and month, ch. 48, sec. 12, the justices of the courts of that State were invested with authority to admit and to suspend attorneys a,t the bar T^ifhout qualification or restriction, (salvo jure earonce, ) except that no court should admit any attorney to its bar without requiring of him the oi^th of allegiance prescribed by the act of Par- liament, passed in the 6th of Qaeen Ann, entitled "An act for the security of her majesty's person and government, and of the succession to the crown of Great Britain in the Protestant line." I These acts, though more than a hundred and fitly years old, are still the law of this District, except that the Government of the United States mis succeeded to the allegiance which was for- merly Bworn to tha queen of Great Britain ; and our rule has furnished a fitting substitute for that oath, aoeommodjited to the changes of govern- ments which hare taken plaofe in this country siiioe the r«igu of Queen Ann. Beiag/fiaaacourtof the United States, vested with full power to establish our «wn rules for the admission of members to the bar, and for gbverniag and fegulating the court and the offi- cers and suitors thereof, without accountability to any otlier court, it would seem that we should otirselvea be the ultimate judges of all the law n|)on theee subjects. And, m my judgment, this pnn'ciple has been affirmed and settled by the S&prfeme Gourt of the United States in Secomb's case, 19 Howard E., 9. ;' It ia riot to be inferred from this, however, that we are at liberty, in regard to these matters, to tfabsgi^ss against the Constitution of the United States at our pleasure. On the contrary, it is the sworn obligation a^d duty of the court faith- folly to support that Conatitution. As it regards the question of tlie constitutionality of our test- rule, it is^ not my intention to discuss that sub- ject on this occasion. I have as yet lieard no argnmenta which have disturbed my original convictions on that point. The recent decision of the Supreme Court of the United States in Garland's case has been made the occasion of the present motion, and haa been cited as settling the question against the rule. But I do not so understand that decision. On the contrary, it seems to my ap- prehension plainly inapplicable to the case under consideration. In compliance with the act of Congress of January 24, 1865, the Supreme Court had adopted a rule to carry out the provisions . of that act, which were as follows : " That no person, after the date of this act, shall be admit- ted to the bar of the Supreme Court of the United States, or at any time after the 4th of March next shall be admitted to the bar of any circuit or district court of the United StateSj or of the Court of Claims, as an attorney or coun- sellor of such court, or shall be allowed to ap- pear and be heard in any such court by virtue of any previous admission, or any special power of attorney, unless he shall have first taken the oath prescribed in an act to prescribe an oath of office, and for other purposes, approved July 2, 1862, according to the forms and in the manner in the said act prescribed." Garland had been admitted an attorney and counsellor of that Court at the December term, 1860. He subsequently committed treason against the United States by taking part in the late rebellion, but was pardoned by the Presi- dent. He then presented his petition to the Court, asking permiaaion to appear and continue to practice there under his admission of 1860 and the pardon of the President, without being required to make the oath prescribed by the act of January 24, 1865, and the rule of court made in pursuance of said act. The decision of the Court was that his application should be granted; and the grounds of this decision were, that the pardon granted by the President had blotted out the sins of his rebellion, as though they, had never been committed, and that being thus in- nocent of all offence in the eye of the law, he could not be a proper subject for punishment, or of exclusion from the privileges of the court, which had formerly belonged to him. Mr. Justice Field, who delivered the opinion of the Court, says : " The effect of this pardon is to relieve the petitioner from all pendties and disabilities attached to the ofience of treason committed by his participation in the rebellion. So far as that offence is concerned; he is thus placed beyond the reach of punishment of any kind; but to exclude him, by reason of that of- fenc^ from continuing in the enjoyment of a previously acquired right, is to enforce a punish- ment for that offence notwithstanding the par- don." I can have no controversy with the Supreme Courl; as to that doctrine. It merely teaches that Garland, having been already admitted to the bar before the commencement of the war, and having received perfect absolution for his offences committed during the rebellion, he was not subject to the operation of either the act of •238 POLITICAL MANUAL. Coiigreaa ox the vein of tlie Coait any 'OtherWiBe •than one who had ;beon ioyal to the^Swernmelit throughout ^liie war. The facts in Garland's Case required th« Ctftirt to ^o no faTther than tMs, but the Opinion does CO farther, and pronounces, in effect, that 'GJar- land wotiid have beem ferititled to continne to practice in thatCoiirt.-evdn Wiitbout hawing been pardoacd by the President for his treSsca, on the ground that to deprive hi*a of the right to pnrsne -bis TOkrfession'it that GOttrt Voiold 'have been a pe'nMfi^ inflicted for his Offence, to which be ^as not liable at ihe titae of its Commis- . eioti. Althongh tbe'r^ is one passage in this OipMOfi which seems to go eveti beyonfl this, aij'd lo ad- *an(ie thedoctrin* that the 00X11* had 'to fi^hit to debar a man from adwission 4o4be |*ofeSBK)ti on aoeoont of 'Oriifies ipreviouslycoinmitted, yet -I am not disposed to believe that the Court in- tended 'to advance or to advocEita,'^em obitei;'a, doctrine so ei-trefiie as tha*. If saeh, however, be the fair eonstraction of thie opinion, (and nothing short Of suGbc^mstyaction Will an^wor the obfect of either of tho motions now uB^feroor Oonsi(£9Taitieav) I am cOitsteained tOffiVOw My Un^ willi'nanesi to obeytbe doctrine thus promulged. In tbe first place, the JFao^ in the case of (Air- land called for no such dectsion; ^and, in tb6 sec- ond place, having the tibsolote iire»bim ■whtf' takes it 'to support tbeConstitntion Of the United States as the supreme law of the land, in all cases in whidh its (provisions eOmeioto conflietf witbthe constitution or laws of any of the States,' and in tbiusense torequiie a^Tfimaty and^)ara^ mount allegiance to ithe Government of the' United States. Mr; iMagruder has told us that in 'taking 'ap arms against the United ^States he acted constii^' entioiisly, and indignantly repels the imputation that he nad violated his oath tosapportthe'Coii-' stitution. He says 'that be regarded himself as under " dualityof allegiance;' that ibis ifirst and paramount allegiance was dueto bis native State; and ibis seeondary and subordinate allegiance was'due to the United States; and'that it wasin this belief, honestly entertained, be went into the Rebellion, in obedience to tbe call of bis State, although he was himself df the opinion that the rebellion was without any justcause. He acknowledges to have had no chaBgeiof opinion on these points to.the present hour. Were we now, with a full knowledge of these facts, to admit him to take this oath, tlte cere- mony would be a meaningless farce ; we should JUDICIAL tfpifr'ioifs. 239 swear him in pne sense, whilst he would take tli^, oath in another. . It would be well, ;perhaps, that our rule, on this subject shoiild be so amended as to enable gentlemen whose native States may hereafter rush into rebellion without just cause to see at once the path of their duty, and so relieye their .consciences from any embarrassments originating in fanoffiil theories about a " duality of alle- j^ance. ' Opinion of the Supreme Comt on'the KisBiBsippi Application for ah Injanctiou against the Fies- ident and other ofBoers, April IS, 1867. Chief Justice Chase delivered the opinion -of xhe Court, as follows : , A motion was made some days since on behatf .o"f the State of Sirs'sissippi, for, leave to file a bill in'ttie name of the State, praying this Court per- fetually to;enjom^and restoain Andrew Johnson, resident of the United States, and E. 0. C.'Ord, geiieral commanding in the district of Mississipi and Arkansas, from execating or in any manner carrying out certain acts oT Congress therein named. .The acta referred to are those o^ March 2 and March 25, 1867, dommonly'called the reconstruc- tibii acts. The Attorney General objected to the leaye iisked for upoii the ground that no bill which 'makes the President a defendant and seeks an injnnctjon against him to restrain ^the perfoirm- ah,ce of his daties ao rresiden't, should be allowed to be filed in ; this. Court. ^ i This point has "been fiilly argued,, arid w« will now dispose of it. , tVe shall limit biii: inquiry to the qnestibii pre- sented by the objection, without expressing any opinion on the broader issues discussed in argu- ment, whether in any case the President of the tinited States may be'required by the procfes of this Court to perform a purely ministeriaract re- quired by law, or may be held answerable,, in any case, otherwise than by impeachment, for crime. , The singlb pbiiiit which riednires consideration fc this : Can the -Ifresident be restrained from carrying into effect an act of Cottgress alleged to be unconstitutional? It is a«Bumfcd by the counsel for the State of lllississippi that the -President, in the execution of the reconstruction acts, is required to perform f. mere ministerial diity. In this assumption there is, we think, a confounding of the terms ",mihisterial " and " executive," which are by no means equivalent in import. A ministerial duty, the performance of which| may in proper cases be required of the head of a department by judicial process, is one in respect to' which nothing 'ft -left to discretion. It is a^ simple, d^fiiiite aiify, arisiilg under conditions admitted or prpved to exist or imposed by law. The case of Mairbnry to. M'a'disOn, Sfecretiry df 'State, furnisHes'anillu'striition. A citizen had bieen noniinated,'cohfirm"ed, andappoiriteda jus- tice of the peate 'for the ^District of Columbia, ftitd'his comniissfdn had 'been lUadeout, signed, and sealed. Ndthing'reftiaiiled'to be do'nfe except delivery, ari3 the' dutyof delivery was imposed by 'liiw on 'the Setfretlairy of State. It was held that the .performance of this duty might be en- forced by mandamus issued from a court having jurisdiction. So in the case of .Kendall, Postxaaster'Oeneral, vs. Stockton and Stokes, (12 Peters, 52'7.) An act of Congress had directed the Postmaster Gen- eral to credit Stockton and Stokes with such sums as the Solicitor of the treasury should find due to them, and that oA'cer refused to credit them with f:ertain sums so fotind due. It was held that the crediting of this money was a mere ministerial duty, the performance of which might be judicially enforced. In each of these cases nothing was left to dis- cretion. There was no room for the «Kercise of judgment. The law required the performance <>i a single specific , act ; and that performance, it was field, might be required by mandamus. Very different is th* duty of the President in th« exercise of the. powfr to see that the laws are ifaithfu'ily executed, and among those laws the acts named in the bill. By^he first of these acts he is required to assign generals to comma^nd in the several military districts, an^ to detail suf- ficient militairy force to enable such officers to discharge their duties under the law. By the . supplementaiy act other duties are imposed on the several commanding generals, and their do- ties must necessarily be .performed uader tb» supervision of the President, as Commander-in- Chief. The duty thus imposed on the President is in no just sense ministerial. It is purely ex- ecutive and political. An attempt on the part of th« judicial depart' ment of the government to.enjoin the perform- ance of such duties by the President might be justly characterized,, in the language of Chief Justice 'Marshall, as " an dibsurd ana excessive extravagance!" , ^ , It is true that in the instance before us the interposition of the Court is not sought to mforce action by the Executive under constitutional legislation, but to restrain SQch action under legislaition. alleged to be unconstitutional. But we are unable to perceive that this eir- cumstance takes the case out of the.general prin- ciple which forbids judicial interference with tha exercise of eiecutive discretion. It was admitted in the argttiaent that the ap- plication now made 'to us is without a precedent, and ihis is -of much weight against it. Had. it been supposed at the bar tliat this Court would in any case interpose to arrest the execution of an unconstitutional act of Congress, it can hardly be doubted that applications with that object would have been heretofore addressed to it. Oc- 'casions have not been infrequent. "The constitutionality of the act for the annex- ation of Texas was vehemently denied. It made 'important and permanent ehsingBs in the rela- tive importance of States aiid sections, and was by many supposed to be pregnant with disas- trous results to large "iiiterestS in particular States. But no one seems 'to have thought of an application fOr an iBjunctiqn against the execu- tion of the act by the,P!fSBideilt. And y^t it is diffietilt to perceive upon what principle the application now before us can be allowed, and "similar 'applications in that and other casescotild have been denied. 240 POLITICAL MANUAL. The fact that no such application was ever before made in any case indicates the general judgment of the profession that no such applica- tion should be entertained. It will hardly be contended that Congress can interpose, in any case, to restrain the enactment of an unconstitutional law, and yet how can the right to judicial interposition to prevent such an enactment, when the purpose is evident and the execution of that purpose certain, be distin- guished in principle from the right to such in- terposition against the execution of such a law by the President? The Congress is the legislative department of the Government ; the President is the executive department. Neither can be restrained in its action by the judicial department, though the acts of both, when performed, are in proper cases subject to its cognizance. The impropriety of such interference will be clearly seen upon consideration of its probable consequences. Suppose the bill filed and the injunction prayed for be allowed. If the President refuse, obedience, it is needless to observe that the Court is without power to enforce its process. If, on the other hand, the President complies with the order of the Court, and refuses to execute the act of Congress, is it not clear that a collision may occur between the executive and legislative de- partments of the Government? May not the Bouse of Representatives impeach the President for such refusal ? And in that case could this Court interpose in behalf of the President, thus endangered by compliance with its mandate, and restrain by injunction the Senate of the' United States from sitting as a court of impeaphment ? Would the strange spectacle be offered to the public wonder of an attempt by this Court to ar- rest proceedings in that court ? . These questions answer themselves. It is true that a State may file an original bill in this Court ; and it may be true, in some cases, such a bill may be filed against the United States. But we are fully satisfied that this Court has no jurisdiction of a bill to enjoin the President in the performance of his official duties, and that no such bill ought to be received by us. It has been suggested that the bill contains a prayer that if the relief sought cannot be bad against Andrew Johnson as President, it may be f ranted against Andrew Johnson as a citizen of ennessee. But it is plain that relief against the execution of an act of Congt- uy Andrew i Johnson is relief against its execution by the I President. A bill praying an injunction against i the execution of an act'Of Congress by the ;in- cumbent of the presidential office cannot be re- ceived, whether it describes hii as President or I simply as a citizen of a State. The motion for leave to file the bill is therefore denied. In the case of The Stale of Georgia against I certain officers, the Attorney General makes nt I objection to the policy of the bill, and we will, therefore, grant leave to file that bill. Mr. Sharkey. If the Court please, the object tion to the bill which I att^mpted to file seems to be that it is an effort to enjoin the President. The bill is not filed, and I can reform it to suit the views of the Court, and present it again. The Cliief Justice. Leave to file the bill is re- fused. When another bill is presented it will be considered. I Mr. Sharkey. Do I understand the Court to say that the application can be made on Thurs- ;dav? I The Chief Justice. On Thursday. This subpoena was issued in the case, April 16 1867: The State of Georgia, complainant vs. Edwin M. Stanton, Ulysses S. Grant', and John Pope, defendants. In equity. The President of the United States to Edwin M. Stanton, Ulysses S. Grant, and John Pope, greeting : For certain causes offered before the Supreme Court of the United States, holding jurisdiction in equity, you are hereby commanded that, lay- ing all other matters aside, and notwithstandina any excuse, you be and appear before the said Supreme Court, holding jurisdiction in equity, on the first Monday in December next, at the city of Washington, in the District of Columbia, being the present seat of the National Govern- ment of the United States, to answer unto the bill of complaint of the State of Georgia in the said Court exliibited against you. Hereof yon are not to, fail at your peril. Witness: The Honorable Salmon P. Chasb^ Chief Justice of the said Supreme Court, at the city of Washington, the first Monday of Decem- ber, in the year of our Lord one thounand eight hundred and sixty-six, and of the Independence of the United States of America the ninety-first. D. W. MiDDLETON, ClerR of the Supreme Court of the U. S. XXI. RESOLUTIONS OF NATIONAL AND STATE CONVENTIONS. Of the Philadelphia Fourteenth of August Con- vention. Tiey were reported August 17th, by Hon. Edgar Cowan, cnairman of the committee on resolutions, and were unanimously adopted : DEOIAEATION OF PEINCIPLES. The National Union Convention, now assem- bled in the city of Philadelphia, composed of delegates from every State and Territory in the Union, admonished by the solemn lessons which, for the last five years, it has {leased the Supreme Buler of the Universe to giv » to the America^ • people; profoundly grateM for the return of peace; desirous, as are a large majority of their countrymen, in all sincerity, to forget and for- give the past; revering the Constitution as it RESOLUTIONS OF CONVENTIONS. 241 jomea to us from our ancestors ; regarding the Union in its restoration as more sacred than ever; looking with deep anxiety into the future, as of instant and continuing trials, hereby issues and proclaims the following declaration of principles and purposes, on which they have, with perfect unanimity, agreed: 1. We hail wi'th gratitude to Almighty God the end of the war and the return of peace to our afflicted and beloved land. ..2. The ^ar just closed has maintained the authority ot the Constitution, with all the powers which it confers, and all the restrictions wnich it imposes upon the General Government, una- bridged and unaltered, and it has preserved the Union, with the equal rights, dignity, and au- thority of the States perfect and unimpaired. "3. Representation ia the Congress of the United States and in the electoral college is a right recog- nized by the Constitution as abiding in every State, and as a duty imposed upon the people, fundamental in its nature, and essential to the existence of our republican institutions, and neither Congress nor the General Government has any authority or power to deny this right to any State or to withhold its enjoyment under the Constitntion from the people thereef. 4. We call upon the people of the United States to elect to Congress as members thereof n6ne but men who admit this fundamental right of representation, and who will receive to seats therein loyal representatives from every State in allegianoe to the United States, subject to the constitutional right of each House to judge of the elections, returns, and qualifications of its own members. 5. The Constitution of the United States, and the laws made in pursuance thereof, are the su- preme law of the land, anything in the consti- tution or laws of any State to the contrary not- withstanding. All 'the powers not conferred by the Constitution upon the General Government,' nor prohibited by it to the States, are reserved toitbe States, or to the people thereof; and among the righ ts thus reserved to the States is the tight to prescribe qualifications for the elec- tive franchise therein, with which right Congress cannot interfere. No State or combination of States has the right to withdraw from the Union, or to exclude, through their action in Congress or otherwise, any other State or States from the Union. The Union of these States is perpetual. 6.; Such amendments to the Constitution of the United States may be made by the people thereof as they may deem expedient, but only in the mode pointed out by its provisions ; and in ■ proposing such amendments, whether by Con- gress or by a convention, and in ratifying the same, all the Slates of the Union have an equal andan indefeasible right to a voice and a vote thereon. ' 7. Slavery is abolished and forever prohibited, and ^Taere is neither desire nor purpose on the part pf the southern States that it should ever be le-esteblished upon the soil, or within the ju- risdiction of the United States ; and the enfran-- chised slaves in all the States of the Union should receive, in common with all their inhabitants, equal protection in every right of person and property. , I 16 8. While we regard as utterly invalid, and never to be assumed or made of binding force, any obligations incurred or undertaken in mak- ing war against the United States, we hold tha debt.of the nation to be sacred and invioWble ; and we proclaim our purpose in discharging this, as in performing all other national obligations, to maintain Unimpaired and uuimpeached thb honor and the faiih of the Republic. 9. It is the duty of the national Government to recognize the services of the Federal soldiers and sailors in the contest just closed, by meeting promptly and fully all their just and rightful claims for the services they have rendered the nation, and by extending to those of them who have survived, and to the widows and orphans of those who have fallen, the most generous and considerate care. 10. In Andrew Johnson, President of the Uni- ted States, who, in his great office, has proved steadfast in his- devotion to the Constitution, the laws, and interests of his country,, unmoved by persecution and undeserved reproach, having faith unassailable in the people and in the prin- ciples of free government, we recognize a Chief Magistrate worthy of the nation, and equal to the great crisis upon which his lot is oast ; and we tender to him in the discharge of his high and responsible duties, our profound respect and as- surance of our cordial and sincere support. Of the Philadelphia Convention of Southern Loy- alists, They were reported by Hon. Andrew J. Ham- ilton, of Texas, chairman of the committee on resolutions, and unanimously adopted : 1. Thsit the loyal people of the South cordi- ally unite with the people of the North in thanksgiving to Almighty God, through whose will a rebellion unparalleled for its causelessness, its cruelty, and its criminality has been over- ruled to the vindication of the supremacy of the Federal Constitution over every State and Ter- ritory of the Repablic. 2. That we demand now, as we have de- manded at all times since the cessation of hostili- ties, the restoration of the States in which we live to their old relations with the Union, on the simplest and fewest conditions consistent with the protection ot our lives, property, and politi- cal rights, now in jeopardy from the unqwenohed' enmity of rebels lately in arms. 3. That the uirhappy policy pursued by An- drew Johnson, President of the .United" States, is, in its effects upon the loyal people of tha South, unjust, oppressive, and intolerable ;. audi accordingly, however ardently we desire to see- our respective States once .more represented in the Congress of the nation, we would deplorei their restoration on the inadequate- condifiohsf prescribed by the President, ^s tendi-ng not to. abate, but only to magnify th-e perils and- sor^ rows of our condition. ' 4. That with pride in the- patriotisin of the- Congress, with gratitude for the fearless and' pei-- sisteut support they have given to the cause of loyalty, and their efforts to restore all the States to their former condition as States in the Ameri- can Union, we will stand by the positions tak^n by them, and use aH' means consisteaf wife 3» 242 POLIXTCAI, MANUAL. peaceful and lawful course to secure the ratifiea-' tion of the amepdments to the dQUstituijon of the United States, as proposed by the Coneress at its recent session, and regret that the Con- gress, in its wisdom, did npt provide, by law for the greater security of the loyaj people in ^e ^tates not yet admitted to representation. 5. That tlip.p,olitical,powier of the Government, of the United States in the administration of public affairs, ig, by its Constitution, confided to the popular or lawTms^feiag department of, the (^vernmpnt. 6. That the political status of the. States lately ii;i rebellion to the IJnited, Stat^ Governnieut,* and the rights of the people of such, States,, are p^ilitical .questions, and are therefore clearly witjiia the.cpiltrolof Congress, to. the explu^ion. of the independent action of any and every other department of thei GoTefrnment. 7. That therp is no right, political, legal, or cjio^titutional, in any State to seoede,or,with.- d^awfrom the Ur^oa; that,they may, by.wiqKied aufi unauthorjise.d.revolutioiiand force,, se.v.er the ral^Sions isihichthey have susfjiined tp thetjuion; a^d ■v^heu tpey do so. and.as^ume the attitude of piiblicenegiies at war wjth the, United States, tipy subie,ct,thepselves to all the rules aud prin- cjjifes.of. iiiter,ftaJ,ionfil law, and the lay^, which aje appli<5ab},e„^ beliigerwtp, aicwrding to laodero • usage. 8. That we are unaltgEably in favor of the Union of the .States, and earnestly, desire the legal and speedy restpratipii of all the States to llieir proper places in the Union and the eatab- l|_41?m,ent iUjeachof th^m.of influenpes of patri- otism and justice, by which, the whole njition shall be combined tp carry forward triumphantly tjie principles of freedom and progress, until a,U iiien of all races shp.ll everywhere b,eneath the fl^g of our country have accorded to them freely ail that their virtues, intepigence, industry, pat- jiotism and energy may, entitle them to attq.iu, 9. That th« organizations of the unrepresented ^States, assuming to be State gpvernments, not having been .legally.eatablished, are not legiti- mate governments until reorganized by Opngress. IG. That the welcome we have received from, the layal citiSiiijis of. Philacjelphia, undej;. the roof of the time,-'honored Hall in which the Dep- laration of Independence was adopted, inspires t^ with an animating hope that the principles , of i just and equal government, which were made. ther,foundation of tbie Republic, at its origin, shall become .the corner-stone of repoustriiction. 11. .That we chefish with tender hearts the ■memory of the virtues, patriotism, sublime faith, upright Christian life, and generous nature of th« martyr iPresident, Abraham Linpoln. 12. That we are in' favor of universal liberty 'the world over, and , feel the dee,pest sympathy •with the oppressed peoples of, all countries in their struggles for freedom and the inherent right jf all men to decide and control for, themselves the character of the, government ;under which Ibey live. 13. That,the>lasting,g):ati|;udp of the nation is toe the men w.ho Ijore the hardships of the bat- tle, and, in covering theijisplves with imperjsh- , aisle glory, have saiVed to the world its hop? of iree ,gov,ernment : and relji^g 'iP''°-.*'iP ".iwin-. ciblcspldiers and sajlors,'' who, made, :ae. gran4. army and, navy of the. Ijjapu,blio , to ne true, to;. the principles for which, tjiey fought, we pleilgel them that w,e will stfind by, them m .maintaining,, tbe honor due the saviprs. of tjip nation, and. in] securing thefruits .of their viotoiies, , 14. That, remembering with pw^ound gr^R-- tude and Ip.ve the prepepts. of Washington, we should accustom, o.orselves. to consider the.UnipD. as the primary object of our. patriotic desire,, .vyhioh has, heretofore sustained, us. with great power in, our lov.e pf the Union, when spmany. of our nLeig|hbors in. the South were waging waj fqr its destruction ; our deep.and abiding love fpi]. the memory of the Father of his Country andj for the Unioa is more deeply engra,ven upon ouj'. hearts, than ever. Aflej- the adjournment.of this, conventifim, the lovalists of the non-reconstructed States met apdi a{}pp,te4, an address, closing with this d,eclar%- tion : " Wie affirm t^iat the.loy,alists-of the South looki to Congress with affectionate gratitude and con.-- fidence, as the only means to savfl ua from per-- s,ecutiou,e;i!;ile, and .death itsplf ; and we alspde-. clare thfi,t, there can be no security for na or our, children ;' there cau-be no.safety for the country against the fell spirit of slavery, now organized in the form of, serfdom, unless the Governmentf. by n^tipn^Jand.appropriatp legislation, enforcejJ- by, national anthprity, sha^l confer on every- citirs z,en in the Staj;es we represent the^-merican biythr, right, of impartial suffrage and equality befors, the law. This ia ^he one all-sufficient remedy. This is our great need. and preasing necessity." The vote was as follows: (TEXAa, 10 yeaa;, LpDisiANA, 14 yeas ; Virqinia, ^8 yea8,,3 nays ; G?0E gbbd of the whole country. Congress has the un- doubted right to establish measures for the con- duct of the revolted States, and to pass all acts of legislation that are necessary for the complete restoration of the tTnion. 5. That when the President claims that by the aid of the army and naVy he might have made himself dictator, he insulted every soldier and sailor in the Bepublic. He ought distinctly to understand that the tried patriots of this na- tion can never be used to overthrow civil liberty OF popular gpyeinmentJ 6. That the neutrality laws should be so amended as to giive the fiillest liberty to the cit' izen consistent with the national faith ; that the great I^nion Ebepublican party is pledged to sus- tain liberty and eqqality of rights everywhere, and therefore we' tender to all peoples-struggling for freedom our sympathy, and cordial co-opera- tion. 7. That the XTnion men of the South, without distinction of race or color, are entitled to the gfatitiide'of every loyal soldi«r and sailor who served his country in suppressing .the rebellion, and that in phei^ present dark hours of trial, when'they ate being persecuted by thoussinds, solely because they are now, and have'been, true to the Government, we will not prove recreant to our obliga'tiongj but will stand by and protect With our Bves, if necessary, those brave men who remain true to us when all around are falsie and faithless. 8. That in reorganizing the Army justice to the volunteer pficers and soldiers demands that faithful and efficient service in the field ought eyer to have place in the army and navy of the' Union. . ,, Cleveland Conventiita of 861dierB and Sailors, SeptemberlS, 1866. Col. L. D. CampbUll reported these resOlU' ttons, which were -adopted unanimously ; ' The Union soldiers and sailors who served in the army and navy' of the United States in the recent war for the suppression of the insurrec- tion, the maintenance of the Constitution, the Government, and the flag of the Union, grateful to Almighty God for His preservation of them through the perils and hardships of war, and for His mercy in crowning their efforts with victory, freedom, and peace ; deploring the' absence from their midst of many brave afid faithful comraifes who had sealed with their life-bloo'd their devo- tion to the sacred cause of American nationality, and determined now as heretofore, to stand by the principles for Whifth their glorious dead have fallen, and by which the survi'vors have triumph- ed, being assembled in National Mass Couven'- tion in the city of Cleveland, Ohio, this 17th day of September, 1866, do resolve ahd declare^ li That we'heartilf approve the resolutioiB adopted by the National Union Convention held in tne city of Philadelphia, on the 14th day of August last, cbmposed of delegates representing all the States and Territories of the United Z. That our object in taking up arms to supt press the late rebellion was to defend and maintain the supremacy of the' Constitution, and toplre'- serve the Union with all the dignity, equality'i and rights of the several Stales unimpaired, and not in any spirit of oppression, nor for any pBi'"'- pose of conquest and sujjjugation ; and thai whenever there shall be any armed resiatance'to the lawfully constituted authorities of ojir na' tionalUnion-, either; in theSouth or in the North, in the East or in the 'Weit, emnUting the self- sacrificing patriotism -Of our revolutionary forH' fathers, we will again pledge to its support "on* lives, our fortunes, ana our sacred honor." STATE COITVXirTIOIFB, 1887. ConneoticTit. Eepubeioait, Jabuaet 24. 1. That the result of the electionsr of the last autumn affords new proof of the devotion of the American people to the fundamental princi^l^^ of free g'overnment,- and of their determination to establish and confirm a Unibn based upoil those prinoipleB only'; that we congratulate each other and the country- upon that auspicious re- sult, and pledge ijnrselves ' that Connecticut, id this respect, shalH: emulate the- example of her loyal sister Stsltes. - •^2. That the pending: amendment to the Fed* eral Constitution! -in- the generous magnanimity of the terms which it proposed to the late insur- gents, deserved and should have received their grateful recdgnition '; that its rejection by thetri proceeds from a still prevailing spirit of rebel' lion, and imposes upon the national authority the duty of establishing the Union np_on none other than just' and durable foundations; that, in so doing, loyialty to the Bepublic should be reoQ'griized as the first of political virtues, and disloyalty as the worst of political crimes, and that the protection of all citizens throughout the Republic in the exercise of all the righ^ and immun ities guarantied by the Constitution should be in-violably .secured. 3. That the only just basis of human govern- ments is the consent of the governed ; that, in a- representS.ti've republic, such a consent is ex- pressed through the exercise of the suffrage by the individual citizen, and that the right to that exercise should not be limited by distinctions of race or color. 4. That in any revision of the revenue system the duties upon imports should be adjusted with a view-to the encouragement of American indus- try, without impairing the public revenue, and 2U POLITICAL MANUAL. thai the burdens now imposed by internal tax- atior should be alleviated as far as possible, and especially by the reduction of existing taxes vipon incomes and sales. 5. That in the administration of State policy we are in favor of a rigid economy in expendi- tures, and permanent provision for the steady reduction and final payment of the State debt. 6. That the Republican party is identified in its history, and by its essential principles, with the rights, the interests, and the dignity of labor ; that by all the record of that history and all the sanctity of those principles it is bound in sym- pathy with the toiling masses of society, of whom is composed the great proportion of its number, and that the workingmen of Connecti- cut will receive at its hands every needed legis- lative remedy of the evils of which they com- plain. 7. That the present salutary law concerning the employment of children in manufactories and education of such children should be ren- dered more ef&cient in its operation and more rigidly enforced. 8. That the Republican party regards with earnest solicitation the struggles of oppressed nationalities toward independence and purer liberty, and that it extends its earnest sympathy to Crete, to Ireland, and. to Mexico, in their heroic efforts to liberate themselves from hated foreign dominion. 9. That the so-called Democratic Convention at New Haven, by its malignant Spirit of hos- tility to the Federal authority, its deliberate at- tempt to renew the horrors of civil war, and its sanction of the treasonable utterances of its more prominent members, deserves, and should receive, the unqualified condemnation of every lover of of the National Union. ' 10. That a grateful people will never . forget or cease to revere the heroic soldiers and sailors who, during the dark days of the rebellion, de- voted their strength, their constancy, and their valor to the overthrow of an unholy rebellion, and rescued the country from its peril, and es- tablished the Government on the rock of univer- sal liberty. 11. That we heartily recommend to the peo- ple of this commonwealth the gentlemen nomi- nated by this Convention for State officers, and pledge ourselves to their cordial support and triumphant election. Demooeatio, January 8. Whereas, it becomes a free and intelligent peo- ple, justly jealous of their rights and liberties, to frankly and fearlessly assert their views upon all great and important public questions ; and * Whereas, when armed resistance to the author- ity of the United States ceased each of the several States that had been in antagonism to the Gov- ernment became, by the inherent force of the Constitution and the fundamental principles upon which our sj^stem of government is based, rein- stated and restored to all their rights and privi- leges ; and whereas, the Supreme Court of the United States has declared " that if military government is continued after the courts are reinstated, it' is a gross usurpation of power. Martial rule can never exist where the courts are open and in the proper and unobstructed exercise of their , aria- diction :"• Therefore, Resolved, That each and all of the States that were arrayed in armed opposition to the author- ity of the Government of tne United States, hav- ing ceased such opposition, are now entitled to representation in the Congress of the Uiiited States, and to all other rights and privileges ap- pertaining to the States of the Union. ^ 2. That the Congress of the United States, in its present exclusion of the Sena,tors and Repre- sentatives of said States ; in its open and avowied determination to destroy the organization and subvert the authorities of said States, violates and undermines the Constitution of the United States, attacks the very principles that lie at the foundation of our system of government, arid strikes a fatal blow at the financial and commer- cial and industrial interests of the entire people of the Union. 3. That the Congress of the United States, in all its legislation^ in its act levying interiial taxes upon all the States, including the said States expressly by name ; in its act prescribing the number of Representatives in Congress for all the States ; in its act in submitting the con- stitutional amendment abolishing slavery to all the States ; in its act of last session, submitting another proposed constitutional amendment to all the States; in its joint resolution, passed with almost entire unanimity, declaring the ob- ject of the war to be " to defend and maintain the supremacy of the Constitution, and to pre- serve the Union with all the dignity, equality and rights of the several States unimpaired ;" and in other acts has uniformly, from the com- mencement of the civil war' to the present time, in the most deliberate manner, recognized said States as existing States, and as States in the Union. 4. That the executive department of the Uni- ted States, by its proclamations, its administra- tive action, and in its diplomatic intercourse with foreign Powers, has uniformly recognized all the said States as existing States, and as States in the Union. 5. That the judicial department of the United States, including the Supreme Court at Washing- ton, the circuit courts in the several circuits, and the district courts in their respective districts, has uniformly recognized the said States as ex- istingStates, and as States in the Union. 6. That this repeated recognition of said States as existing States, and as States in the Union, by the executive, judicial, and legislative de- partments of the Government, leaves no ques- tion that the exclusion of these States from Con- gress, governing them a,nd taxing them without representation, is not only a violation of the Federal Constitution in its most essential part, and tyranny as defined by the Declaration of Independence, but a most flagrant breach of public faith, alike prejudicial to the best inter- ests and to the honor of the country. ■ 7. That in the Supreme Court of the United States we possess a tribunal that m^y be justly termed the bulwark of republican liberty, and in the language of its eminent jurists, "The Constitution of the United States is Inw for rulers aaid peoplQj muaUy in war and in peace., and oov^jvs with its shield of iwoj^bction all classes of men under All oircuin* RESOLUTIONS 01' CONVENTIONS. 245 itn ices." • * "No doetricie involTing more perniciouB ooi seqoeuces was ever inTented by the wit of mao, than that imy of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads di- rectly to anarchy or despotism. But the theory of neceiHt!/, upon which this is based, is false, for the government within the Constitution has the powers granted to it which are necessary to preserve its existence." Thus, the Supreme Court of the United States m 1866, vindicates and sustains the positions assumed and announced by the Democracy of Connecticut in convention in 1863. 8. That after solemn deliberation, it is the opinion of this convention that the suggestion of our conservative brethren of Kentudiy, that a convention of the Democracy and all constitu- tional Union men of the thirty-six States should be called without delay by the National .Demo- cratic Committee ; ana we respectfully suggest that said convention meet in the city of lifew York on the 4th day of March next, to advise and counsel upon the great questions that agi- tate the public mind ; to protest against the rev- olutionary and unconstitutional acts of the pres- ent majority of Congress ; to announce the determination of the conservative men of the Union ; to resist and oppose by conttitutional exercise of power the disorganization of States and the destruction of State authority. 9. That the thanks of every patriotic citizen are eminently due the President of the United States for his repeated exercise of the Executive power in behalf of the Constitution and the rights of the States ; and we pledge to him our support in all his future efforts to the same noble end. Ehode Island. Demooeatic, Maboh 11. 1. That frequent innovations upon our laws are pernicious, as tending to confuse the minds of the people and destroy that reverence for le- gal authority which is essential to the perpetuity of the State and the safety of the citizen. 2. That we regard the judiciary as the shield of the people against the unwise or arbitrary acts of popular or oficial passion, and that any at- tempt to wteiken or override the authority of our courts, or to detract from their dignity, im- perils the very existence of the Republic. 3. That after an exhausting war our whole energy should be turned to the development of all our internal resources and to the increase of our commerce ; that our system of taxation ought to be so adjusted as to bear equally upon all classes of the community and all sections of the country, to necessitate the least expense in col- lection, and relieve as rapidly as possible the burden of debt; that our laws ought to be so framed as to require the smallest possible number . of officials in their execution, since a multiplicity of offices begets arrogance and corruption in the holders, and discontent in the people, who un- willingly lavish that money upon the leeches on . the body politic which should go to nourish the body itself. 4. That the Democratic party, having spent much of its blood in a struggle to preserve the Union, will watch earnestly and anxiously and labor patiently for the same great end in the .present not less terrible, though bloodless, con- test. We believe it to be the duty of all people, in all sections of the Republic, to accept the cir- cumstances which have resulted from war; t» endeavor by all means consistent with honor to adapt themselves to the new status thus created, and to conform to it both in legislation and in pefsonal and official regard for each other. As to political supremacy, we are content to await the hour when the fury of passion gives place to the temperance of reason, and the bitterness of hate is lost in the lapse of time. Maryland. Republican, Febetjaet 27. Whereas the present state of national affairs, and the action of the coalition which, by the treachery of Governor Swann, now usurps the power of the State, have caused this assembling of the Unconditional Union men of Maryland, and render proper a clear utterance on all the issues of the times: Therefore, Resolved, by the Mepubliean Union party of Maryland, in State Convention assembled, That we cordially approve tBe reconstruction bill which has been passed by Congress, and that we declare the principles of impartial manhood suf- frage contained therein to be the only secure basis of reconstruction, and that the time has come when its adoption by every State is de- manded by every consideration of right and in- terest. 2. That we hail the result of the late elec- tion in Georgetown as a practical proof of the wisdom of Congress, and as the omen of loyal control over all the South. 3. That the convention bill now before the Legislature is in conflict with the existing con- stitution, and can be made valid only by the as' sent of the people of the State and the Govern- ment of the United States; and that no change of the existing constitution can or shall be made, or ought to be recognized by Congress, which is not made by impartial manhood suffrage, with- out re-'pect to color. , 4. That we request the Republican members of the State Senate to prepare an amendment to said bill basing representation upon popula- tion and submitting the question of a conven- tion to all the male citizens of the State, and providing for a new State government on the basis of impartial manhood suffrage ; and that we shall insist that any change in the constitu- tion shall be made upon this basis, and that no- State government now erected without impartial manhood suffrage ought to be considered repub- lican ; and that, in the event of the jiassage of the oppressive and anti-republican bill now be- fore the Legislature, we will appeal to Congress to provide for the assembling of a convention in this State on the basis of the reconstruction bill, and to organize a loyal State government with impartial suffrage. 5. That further to carry out the object of the foregoing resolutions, this convention, when it adjourns, stands adjourned to meet at the call of its president, on such early day after the ad- journment of the Legislature as the president may by public notice direct, and in the event of the president being prevented by any cause from acting, the chairman of the State Central Com- mittee be enpowered to make such call. 246 POLITICAli MANUAL. Republicait, Maech 27. Whereas the Legislature of Maryland has since Lhe adjournment of this "Republican St-ate Con- vention on the 27th of February, pa3.sed the con- vention bill, in regard to which this convention has already in previous resolutions declared its judgment, and this convention is now reassem- bled as provided for by its fifth resolution on the contingency of the passage of said conven- tion bill : Therefore, Hesolved, That we return our thanks to the Republican members of the General Assembly for their memorial to-Congr^s presented to that body on the 25th of March, and this convention in behalf of the majority of the people of Mary- land appeal hereby to the Congress of the United States to grant the request of that memorial.* * The memorial is as^ follows : " To the HtmoTobU Senate and Bouse of R^resentalives of tte ''United Slates: "The unrlersigned, memhera of the General Assembly of Maryland, respectfully preseot this memorial to your hon- '^rajble body on the condition of public affairs in this State, tj which tbey aek the immediate consideration of the na- tional legislature. The General Assembly of Maryland is about to adjourn, after a session as memorable for ovil and ns important to the country as that which consigned the legislature of 1861 to the casemates of Fort Warren. Blected in great pnrt by the deliberate violation of the election laws of the State by the votes of men who were in active acco d \iith the rebellion, and v.-ho8e hatred to the Government rendered the piesence of military force during the war ne- cessary to prevent theis- active aid to the rebels in arms, and in spite of which they did give large aid in men and money, tjie.v have marked their session by a series o^ acta to w4iicb wo dVbire \o cail yourattention. *' The rebelsQf Maryland sent South during the war some ^,000 soldiqrs to the rebel airmy ^hese men have nearly all returned, and an emigration from the South since the war haa largely adtled to their number. By donbtfnl con- Btructiou of a clause of the existing constitntion, this Gen- enil Assembly, thus elected, has enfranchised all white men, no matter what treason they have committed, and thus have added to the voting populatiou about 30,000 per- sons who have only lately ceased an ai-med resistance to the Government Not satisfied with thip, they have just passed ^m litia bill, which, ii» direct defiance to the present consti- tution of the Statt, has made all white rebels, no matter what their previous trca&on, part of the militia force. They have, by ddiberate vote, refnaed to exclude, even from the lughest olBce under this law, any person, no matter what his rank in the rebel avmy, and they are about to put in force this law, the effect of wfiich la againat our own consti- tution and the army laws of Congress, and which puts in the rear of the capital an armed force, composed largely of the Bame men who have just been forced to cease armed at- tempts to capture the capital. "One great object of this bill is to better carry ont the achenie of revolutionizing the government of the State, aboliahing the existing constitution, and making another, still more firmly fastening on the necks of loyal people the yoke of rebel control. The pre&t^nt'ConBtitutloii of Bfary- land, while it does not allow colored suffrage, does not give to the late masters the right to repi eaont in the legislature their disfranchised freedmen. It haii^us representation on white population. Theae conspirators, not satisfied with controlling the legislative and executive departments^ have passed a hill calling nn election for a constitutional conven- tion on the 10th day of April, the convention to meet on the second Monday of May, 1$67. This they have done, although the constitution provides that the legislature shall pass no laws providing for a change in the existing constitution ex- cept in the mode therein prescribed ; and although the cou" atitntlon regulates the representation in any conventioo called to make a nev/ constitution by fixing it the same ^s that of each county in the General Assembly, they having fixed an arbitrary basis of representation which, while it pxcludcs the colored man from the ballot-box, gives to the old worn-out counties, vrhich werp as rehejlious oa South Carolina, an increased' representation, by which the opprts- flor is to represent the oppressed against his will, abd by ir^ich a minority of the people of the State are to hold In their proposed convention the same power aa the majorit;)^. The State of Maryland has at preserit a colored population of nt least 200,000, and by emigration since the war perhaps 250,000, making a voting popnlation of from 10,000 to 50,000. In most of the counties whpde reprcseutntiou has thus been 2. That we will oppose an^ new constitntion set up jn subversion of the existing constitution under the convention bill which does not express the will of the majority of the peoj)le wi&out regard to color, and that we wilt, with the aid of the loygj representatives of the nation, and by all means in our power, resist and destroy any such constitution as a revolutionary usurpa- - ,tion. 3. Th»t we will t^ke no part in the approach- ing election for delegates to a constitutional con- vention further than to recommend a general vote Qt the Republicans of the State against the call for a convention, and to use every lawf^il means in their power to defeat the call. 4. That should the call be sustained by a ma- illegally increased, the colored population is equal to o^ greater than the white. The House of RtT'esentatives at the United States has already passed a resolntion of inquiij whether the present constitution of tliis State isnpwropu^ lican, and since the colored man is now a citizen, it mw well be doubtful whether a State which excludes for m: crime one-fourth of its population who are citizens is re- publican. This General Assembly has inaugurated, how- ever, a movement which, from the illegal representatiom made in the bill itself, actually now accomplishes not onlj ther exclusion of this population from suffrage, bat alsc gives the disloyal pppnlation a represenrfotion for thgnj "The present judiciary of the State is for the moat part loyal, and one object of this movement is to legislate out an the remaining loyal ofBcprs whom they have not already removed, and place ex-rebels, perhaps bri^idiera and colo- nels of the rebel army, in their places. Not satisfied with the pardon and the charity which Union men have ex.- tended, they have commenced a reaction ag»inst the results of the war, and determined on a policy which, if unchecked, destroys ^ leyal constitution, and pnta in ita place one mad£ by traitors, and fiagranily anti-republican,' and places an armed iifilit^a of dialoyal men ^ndn minority govemmejait or rebel sympathizers and rebels in the complete possesaioi} of this State. " While the South is about to commence a career of fre& dom and progress, these men, untaught.by the Icsaona of the post, have determined, by the forma of law, but in real vio- lation of both the State and Federal law, to put this State back into a condition of darkness and slavery. These act?, we submit, are in violation of State and national law, op- preaaive, revolutionary, and dangerous to the order and peace qf this nation. The Union men of Maryland tff^ grpaniqg under this tyranny: they are now oppressed hy Terdicts oy disloyal juries in many counties; immigration to the State, except ftom the South, is stopped, and many It^al men 4re deliberating upon lefiving tlve gtate. Thp moat, hofvctyer, are ready, by all personal means, and at all personal lifts- ards, to re^st this infimous attempt at oppression. *' The danger of bloodshed is imminent and the times arc periious. We call upon Congresa pot to.^dipnrn before ftafc tling this grave matter, which, if not settled, may startle them in their recess by something worse than the cnassa^^ at Ne:w Orleans, although not so unequal and one-siaed. We earnestly ask^ on the part of the majority of the p0op)«, of Maryland, deprived of legal voice except through n^,' t^ minority of tJie General Assembly, that Congreaa wfll t^nr- anty to us a republican form of government on the dbIj basis of right, truttt, and pi^ce — Ipijiortial ^ufii-age, w^bc^l respect to race or uplor, as it lu^ already guarantied t tP the southern States. Curtis Davis, Senator from Caroline. Charles E. Trail, Senator f^o^l Frederick. Jacob Tome, Senator from Cecil, Blias Davis, Senator from Washington. Hart 11. Holton, Senator from Howard. Jahes L. Billinqslha, Senator from Carroll. Edward P. Philpot, Senator from Baltimoro co^ntj Daniel G. Bruce, Delegate from Allegany. JoNATHAiyr ToBET, Delegate from Washington. A. R Applem^n, Delegate from W«^ngtpn, Thomas Gorsuch, Delegate from Frederick. J. P. Bishop, Delegate ftom Washington.' \ BESJ\ms Pool, Delegatefrom Carroll. James V CRifjwEj,L, Dejegate from CftrrolU John L. Linthioum, Delegate from Frederick. J. R. RouzER, Delegate from Frederick. IjENRT Bake^, Delegate from Frederick. R. C. Bamforp, D?Jegf^te fro^i Was^iington, S. R. O )RE, Delegate from Carroll." 'Wiia memorial was signed by all the Repablfcan me'^lion; w^o were present at 4tii\qkpol{$ ^q^ U was signed. RESOLTTTIOWS Of CONVENTIONS. 24T •jority of the voters, that the State Central Com- mittee, on ascertaining that result, issue a call ■for district meetings to he held in every election district in the State, for the choice by ballot, on g danger ; that such an absorp- tion of power would, whilerit lasted, be destruc- tive of the liberties and interests of the people, and would end either in despotism or a destruc- tion of the Union ; that a national debt, besides impoverishing the people, fosters an undue in- crease of the powers of the Federal Governmen't; that high protective tariffs have a like effect, sacrificing the interests of the many for the emolumente of the few, and plainly ■violating the equity and spirit of the Constitution ; that the collection and disbursement of the enormous revenues by the Federal Government, have the same tendency, besides corrupting the Govern- ment, and that, therefore, economy is essential not only to the prosperity, but also to the liber- ties of the people ; that unequal taxation is a plain violation of justice, of which no govern- ment can safely be guilty; that to each State belongs the right to determine the qualification of its electors, and all attempts to impair this right, either by congressional legislation or constitutional amendment, are unwise and des- potic; thit the tendency of power is to steal from the tnany to the few, tind that, therefore, "eternal vigilance is the price of liberty;'' that the tendency of the Government is to en- large its authority by usurpation, and therefore the Government needs to be Watdhed ; that an- other of its tendencies is to govern too much — unnecessarily and vexatiously interfering with the business and habits of the people ; that the. freedom of speech, and of the press is essential to the existence of liberty; that no person not in the military or naval service, or where the civil courts are prevented by war or insurrection from exercising their functions, can lawfully be deprived of life, liberty, or property, without due process of civil law ; that the courts should always be open for the redress of grievances; that no ea; post /acfo law should ever be made; that, in the language of the Supreme Ccurt, " the Constitution of the United States is a law for the ruleVs and the people, equal in war and in peace, and covers with the shield of its pro- tection all classes of men, at all times and under all circumstances No doctrine involving more pernicious consequences was ever invented by the wit of man than that any cf its provisions 248 POLIIICAL MANTIAL. can be suspended during any of the great exigencies of government. Such a docrine leads directly to anarchy or despotism ;" that the right of the people to peaceably assemble and consult upon public affairs is inviolable ; that the mili- tary should be held in due subjection to the civil power; that while the majority, as pre- scribed by the Constitution, have the right to govern, the minority have indefeasible rights ; and that a frequent recurrence to first principles fs essential to the welfare of the State and the people. 2. That the States latelyin rebellion are States in the Union, and have been recognized as such by every department of the Government, and by President Lincoln, who, in the midst of war, in- vited them to elect members of Congress ; by President Johnson, in various proclamations and official acts ; by Congress, which permitted An- drew Johnson to sit in the Senate as a Seutitor from Tennessee, and members from Virginia, Tennessee, and Louisiana to sit in the House of Eepreseutatives after those States had seceded, and while the war was being carried on, and which further recognized them as States in the Union by the congressional apportionment act, providing for their diie representation in Con- gress ; by various tax laws, and especially by the direct tax; by the resolutions submitting amendments to the Constitution for their ap- proval, and by various other acts and resolutions imparting the same recognition, all of which were passed since the attempted secession of those States ; by the judiciary of the United States, which holds federal courts in all those States, and especially by the Supreme Court, which enter- tains jurisdiction of cases coming from them, which it could not do were they not in the Union. That being thus in the Union, they stand on an equal footing with their sister States^-States with unequal rights being a thing unknown to the Constitution ; that, by the express terms of the Constitution, each State is entitled to have two Senators and a fair proportion of Eepreseutatives in the Congress, and to vote in all elections of President and Vice-President ; that, though these rights are subject to interruption by a state of civil war, they cannot, in time of peace, be sus- pended, much less destroyed, without a plain violation of the Constitution ; that the assent of three-fourths of all the States, whether repre- sented in Congress or not, is essential to the val- idity of conscitutional amendments ; that Con- gress has no power to deprive a State of its reserved rights and reduce it to a territorial con- dition ; that, therefore, the exclusion, by the so-called Congress, of all representation from ten States, the proposed exclusion of those States from all voice in the next presidential election, the threatened overthrow of their State govern- ments, and the reduction of their States to the condition of Territories, are each and every one of them unconstitutional, revolutionary, and despotic measures, destructive not merely of the rights of those States, but also of the rights of every other State in the Union. That those measures are parts of a plan to nullify the Con- stitution, to virtually overthrow the State gov- ernments, to erect a consolidated despotism on their ruins, and to establish and perjietuate a tyrannical rule of a minority over a majority of the American people. Thai the people cannat, without a loss of their liberties, prosperity, and honor, submit to such a result ; and, therefore, in the hope that the warning will be heeded, annt down by the strong arm of power, and be made to feel that law is indeed a terror to evil- doers. 6 Therefore, in accordance with the above principles, we fully indorse the policy and ac- tion of the General Assembly of the State of Tennessee, in restricting the elective franchise to those who are not hostile to the Government, in extending it to those who proved their loy- alty by imperiling their lives, and who need this privilege for their own protection, and in establishing a military organization which shall give necessary physical support to the moral power of thi State government, becoming a salu- tary terror to evil-doers and a cheerful hope to those who do well. 1. That the " privileges and immunities " guarantied under the Constitution of our Union to the loyal from other States, and the pledge of freedom and equality in the declaration of American Independence, shall be living truths ■ and practical maxims in Tennessee, for the pro- tection of " life, liberty, and the pursuit of hap- piness." 8. That we have entire confidence in the in- tegrity, wisdom, and ability of the Republican Union majority of Congress, and deem it sig- nally fortunate that they, in whom alone the power resides to restore, preserve, and govern the country, have shown themselves so emi- ■ aently fitted for these high duties, that no State shpiild be admitted to representation in Congress Without adopting the oonstitntional amendment. 9. That the Republican Union party of Ten- nessee are in favor of free speech and free dis- cussion, and to this end we invite our friends from other States to come among us, and discuss the great issues now before the people, and we pledge tbe Republican Union party of Tennes- see to tolerate all legitimate discussion, and at the same time claiming equal privileges on our part ; and tliat any inteiference tp prevent this will be regarded as an unwarranted act, and re- sisted to the last extremity. . 10. That we honor the "firmness, courage, and wisdom which have characterized the administra- tion of our Chief Magistrate, the Hon. Wm. G. Brownlow, and while we sympathize with him in his bodily sufferine, we admire the healthy mind, conscious to itself of rectitude, which bears with like equanimity the throes of pain and the perilous cares of State ; and that we declare him the unanimous choice of the loyal people of Ten- nessee for our next Governor. 11. That we cover our f^es with shame when we contemplate the disgrace brought upon our beloved State by the defection and degeneracy of her unprincipled adopted son, who by the bullet oT an assassin has ascended to the Chief Magistracy of the nation ; and we shall cordially endorse any action of Congress which shall legiti- mately deprive him of continued power to dis- turb the peace of the country. " CONSEEVATIVE," APBIL 17, 1867. We, the Conservative men of Tennessee, adopt the following platform of principles : 1. We are in favor of the Union of the States under the Constitution of the United States. 2. We are the friends of peace and civil law, and that these great objects can be best pro- moted by legislation recognizing equaland exact justice to all —exclusive privileges to none. 3. We are in favor of the immediate restora- tion of our disfranchised fellow-citizens to all rights, privileges, and immunities of full and complete citizenship. . 4. That our colored fellow-citizens, being now citizens of the United States and citizens of the State of Tennessee and voters of this State, are entitled to all the rights and privileges of citi- zens under the laws and Constitution of the United States and of the State of Tennessee. 5. We are opposed to the repudiation of the national debt, and are in favor of equal taxation as the proper method of paying the same. 6. That the establishment of a .standing army in our State, in time of peace, is a flagrant and dangerous encroachment upon the rights and . liberties of the citizen, heavily oppressive to the tax-payer, and evidently designed to overawe the voters at the ballot-box. 7. We cordially approve of the patriotic efforts of Andrew Johnson, President of the United States, in defending the Constitution, preserving the Union of the States, and maintaining the supremacy of the laws. Alabama. Eesolutions op the Geaud .Couhcil op thb Union League, Apbil, 1867. Mesohed, That the Alabama Grand Council of the Union League of America return thanks to the Congress of the tfnited States for its patri- 250 POLITICAL MANUA-li. otic action in affording to all the ^people an, op- portunity, on fair terms, to rfe-organize the gov- ernment' of the State, to put her ijestinies into the hands of true Union meti, and to unite her again to her sister S'fatBs by the only enduring 'bond of unawerying'loy'alty. '2. That we hail With joy the recurrence to the^ fundamental principle on which our forefathers, achieved their independence — '' that aill men are: (Jreated equal ;" that we 'welcome its renewefii proclamation as a measure Of simple justice to a,- faithful and patriotic class of our fellow-men,' and that we nrlnly belieye that th^e could be no lasting pacifica.tion of th'e country Under any system which denied to a large class of oiir pop- ' nlation that hold upon the laws which is given ; by the ballot. 3. That while we believe that participation in | rebellion is the highest crime known to the -law, ! and that those guilty of it hold their continued | existence solely by the clemehcy of a;n outraged ' but merciful Government, We are nevertheless willing to Imitate that Government in forgiveness of the past, and to Welooilie to the Eepiiblioan '• Union party all who, forsaking entirely the prin- i ciples on which the rebellion was founded, will Bineerely and earnestly unite with us in estab- lishing and maintaitiing'for the future a goverri- ment of equal rights and unconditional loyalty. 4. That we consider willingness tO elevate to Eower the men who preserved unswerving ad- erenoe to the Government during the war as the best test of sincerity in professions for the future. 5. That if the pacification now proposed by Congress be not accepted in good faith by those who staked and forfeited " their lives, their for- tunes, .and their sacred honor" in rebellion, it will be the duty of Congfess to enforce that for- feiture by the confiscation of the lands, at least, of such a stiff-necked and rebellious people. . 6. That the assertion that there are not enough intelligent loyal men in Alabama to administer the government is false in fact, and mainly pro- mulgated by those who aim to keep treason re- spectable, by retaining poWer in the hands of its friends and votaries. Arkansas. Eepublicajt, Apeil 5, 186?. The people of the State of Arkansas, willing to associate tpaethel' for the purpose of co-op- erating with Sie National Union Republican party of the nation in securing and maintaining equal legal and political rights to all the citi- zens of the EeJ)ublic and restore the State to its political relations in the Union, now her? in State convention assembled, do proclaim and • declare the following declaration of principles on which they have tinaiiimoUaly agreed; I. That We will ever defend the Constitution of the United States thetettndef as . the sacred ', palladium of our rights ahd liberties.- that the Union of the States under the Constitution constitutes a national Republic, and not a mere league of independent States, and that the Con- stitution of the United States and the laws made in ptirsuaboB thereof are the supreme laws of the lind, anything in the constitution or laws of any State to the contrary notwith- gtanding. II. That we arraign the unprincipled anu oy, rupt demagogues who ^or so many years aeH every ofiiceand exercised a despotic control over its legislation as the sole authors o:f thepresetft deplorable condition of %he State and its people. To convict them of "the 'folly alnd crime of liay- ing brought upon the people of the State their present woes, let facts be slated. 1. They appropriated to their own use and squandered the grants of money and lands am^ to theState by theKationsil Government for e4- ucafioual purposes, and then refused to provide free schooft or riaake sufficient provision for the education of tlie youth of the State. 2. They in like manner appropriated to their own use and otiheryfiae squandered the swain|) land grant and all other grants ofland;made by ihfi National Government to the State for internal improvements and other purposes ; and refusing to make any provision therefor, the State is .j,e& to this day without a completed 'raUjroad or other Work of internal improvement within her bon- ders. I 3. They issued the bonds of the State ,aa la pretended basis for a "banking capital, and hav- ing negotiated the bonds and appropriated the proceeds to 'their own use, the State is left, te pay their bonds, with years o-f abcumulated in- terest, amounting in the aggregate to millions of dollars. , 4. In a Ijime of profound peace, and when tha people of the State were enjoying a degree of prosperity and happiness Uiuparalleled in anv country on the globe, these unecrHpalaua aina reckless demagogues, actuated by none but the most selfish purposes and Wicked ambition, with a design of founding a government based oa human slavery, and governed and controlled by an aristocracy of pffice-holdera and slave-owners, and in defiance of the expressed will of the peff- pie at the ballot-box, and in violation of tlreir own pledges, passed an ordinance of secessiop, proclaimed the State out of the Union, rnadu war upon the National Government, and by the use of vigorous conscription laws and a mili- tary rule, the despotism of which is without a parallel in the history of the world, they forced an unwilling and loyal peopre, who loved their country and its flag, to join in a,n efi'ort to de- stroy the Government that had showered bless- ings on them and their fathers. Having inaugurated the rebellion for these hateful purposes, they secured to themselves aU- the civil and military ofices of their insurrec- tionary government, and they used the power thus usurped over the lives, liberty, and property of the people to coerce them to join in their treair, son and rebellion, and wickedly and wantonly protracted the struggle imtil one'-tbird of their victims were in their graves, and the property of all impressed, waijteu aWay, or destroyed. ' 6. Failing to destroy the Eepublio and rob the people of their liberty by fyrce of arms, theyre- turned and at once demanded to he restored, td the offices and control of the State, imJ speedily possessed themselves of the legislative depart- ment, the supreme ooUrt, and other important offices. Again in power in the State tlioy re- newed the atrocious syjtem of plunder and on< pression. The brief respite enjoyed by the people oi' the State from the despotic control of these RESOLUTIONS OF CONVENTIONS. 251 political vampires, who fled the State in 1863 to avoid a just punishment for their crimes, had enabled a loyal provisional government, by an honest and economical administration, to accu- mulate in the treasury of the State over $150,000 in cash. The treasury is at once plundered by these men of this hard -earned money of the peo- ple; extravagance, corruption, favoritism, and ©ppression mark their every act; the loyal men of the State are wronged and oppressed, and de- nied redress ; treason is made a virtue and loy- alty a crime ; the constitution of the State is set at defiance, and the pr-etanded laws and decrees of the now defunct r«bel government declared to be in full force and binding on loyal people living under the Constitution of the United States. The obligations and.evidence of indebt- edness of the rebel State government wlaich these men issued to themselves, and obtained iraudu^ lently and without consideration, and of which the most unscrupulous of these men hold large amounts, are declared to be binding on a loyal State and a loyal people ; they ir&fuse to take the necessary, reasonable, and just steps to restore the State to the Union and representation in Congress, and contemptuously reject terms of settlement the most magnanimous and liberal ever offered to men in their position, and up to the present moment continue to present aa atti- tude of hostility to the National Governmeot, its authority, and supporters, bordering on open rebellion, and dangerous alike to the peace of the nation and State,and the safety of loyal and law-abiding men. And Congress wisely and j ustly judged that reconstruction was impossible while such constitutional and chronic traitors, plunderers of the public treasury and oppres- sors of the peopk, were permitted to exercise the political power of the State, which they have usurped and so long held by fraud, deceit, and oppression. III. That we recognize the power and right of the National Government to determine the method and apply the means of reconstructing the rebel States, and of providing lawful gov- ernments for t^e same, and, do willingly abide by and heartily accept the measures adopted, or which may hereafter be necessarily prescribed by Congress for a full, perfect, and final reooar etruction of said States ; and to the end that the State may be admitted to its wonted position in the Union and representation in Congress ; that the Bberty and rights of every citizen may be secured and sacredly guarded and protected under an honest, competent, and loyal State government; that the credit of the State may be restored, and economy in the public exnendi- tures secured ; that the construction of railroads and other internal improvements so necessary to the prosperity of the State may be com- menced and vigorously prosecuted ; that an en- lightened and judipious system of free common schools, providing for the education of all the qhildrea of the State, may be inaugurated; that emigration and capital from every quarter may be invited and iaduced to enter our State, and that peace, security, and prosperity may be re- stored to the State and all its people, we declare that We are in favor of immediate action under apd in conformity to the acts of Congress, and we hereby tender to the major general command- ing this district our hearty and cordial support and co-operation in the honest and faithiful exe- cution of the same. IV. Th£* we denounce the guilty authors <»f the late rebellion who refuse to acquiesce in the necessary, legitimate, and iup.t results of their own folly and crime, and who are now counsel- ing the people to renewed opposition and rejist- ance to the 'legitimate and lawful authority c^ the National Government, as enemies of the Union,, tod all the dearest and best interests of the State and her people, and they deserve and should receive the scorn of every honest citizen who desires -to see law, and order, and peace, security, and prosperity secured ttf the State. v. That the most dangerous enemies of the nation and iStat« are the disloyal newspapers and political demagogues, who, while they de- nounee the late . action of Congress as illegal, unconstitutional, and despotic, nevertheless de" elare it to be their purpose to control, if they can, all action thereunder, with the declared pur- pose, as soon as representat^n in Congress is secured, of immediately repudiating their com- pact "with the National Govornment, and by a change of the constitution of the State disfran^ ohise the recently enfranchised citiaens of the State, prohibit (Jhe education of their children, and adopt other reactionary and revolutionary measures. VI. That the Congress of the nation is sol- emnly pledged not to recognize any State gov- ernment made by and in the hands of open and declared enemies of the great principles of lib- erty and justice embraced in the measures of reconstruction ; and more especially will Con- frees refuse to recognize a government in the ands of men who avow it to be their purpose to overthrow these great principles the moment they obtain eongressionat recognition of their dish|0nest and hypocritical action ; and we warn every -good citizen of the State who favors recon- struction and wishes to enjoy the blessings and benefits to be derived from our early restoration to the Union against the criminal folly of in- trusting the wo« to such hands. VII. 5E3iat we heartily indorse al-1 meetings and conventions heretofore held in the State which had in view the reconstruction of this State in harmony with the will of Congress. VIII. That State taxation sha/U be eqiial and uniform, and that no discrimination should be made in favor of one species of property at the expense of another. IX. That all the citizens of every county in the State who approve of the declaration of principles and purposes here announced are earnestly urged to meet in their respective coun- ties aad organise, and report their organization to the chairman of the State central committee, at Littk Eock, in order that a united and har- monious efibrt niay he-made to secure equal rights and juetiee to all, just and good govern- ment, wisely and honestly administered, by loyal men. North Carolina. Eepfblioaip, Mabcb 27„ 1867. Having assembled in the city of Raleigh, on the 27th of March, 1867, in conformity with a timely and patriotic call, reflecting the sen timents 252 POLITICAL MANUAL of the loyal men of the State, and i elieving the time is at hand when an open and fearless ex- pression of sentiment, opinion, and purpose is urgently demanded : Therefore, . 1. Reiolved, That in view of our present po- litical condition, our relations to the National Government, and the people of all sections of the country , we do this day with proud satisfaction unfurl the brilliant and glorious banner of the Bepublican party, and earnestly appeal to every true and patriotic man in the State to rally to its support. The splendid and patriotic record made by this great political organization, in standing by the General Government with an inflexible reso- lution, in carrying forward profound measures of statesmanship to a successful issue, and the powerful aid given by it in finally overthrowing and prostrating the most gigantic rebellion of ancient or modern times, should command the respect and challenge the admiration of every candid man. 2. That the American Congress is eminently entitled to the profound thanks of the whole country for its persevering, persistent, and he- roic devotion to the great principles of human rights as enunciated in the Declaration of Inde- pendence ; that in the name of the patriotic peo- ple of this State we feel warranted in cordially" assenting to and accepting the reconstruction plan recently and finally adopted by that body; and to the end thatpeaceand order may be per- manently secured, and every industrial pursuit resumed and encouraged, we pledge ourselves to use every fair and legitimate means to influence public sentiment to the nearest possible approach to unanimity on this subject. 3. That we rejoice that the dogma, long prop- agated, of the right of peaceable secession under the Constitution, has been forever overthrown by the majestic uprising of the American peo- ple, in crushing out the late rebellion by force of arms, and tnat the doctrine of the suprem- acy of the General Govetnment has been estab- lished, and that the paramount allegiance of the citizen has been acknowledged as doe to the United States. 4. That we sincerely exult in the fact that as a nation we are now absolutely a nation of'free- men, and that the sun in all his course over our ■wide-spread country no longer shines upon the brow of a slave. Without reservation, we heart- ily indorse the great measures of civil rights and impartial enfranchisement, without any property qualification, conferred without dis- tinction of color, and that we are ready to unite in the early practical attainment of these ines- timable privileges. Although the mortal re- mains of Abraham Lincoln now rest silently beneath the soil of his adopted State, "yet his voice still rings like a clarion through the land, earnestly summoning every American citizen to the support of the great party of liberty and emancipation. ■ 5. That as the most potent and efiScient means by which the South can speedily regain her lost prosperity, we earnestly advocate the spreading of knowledge and education among all men, and that to the attainment of this great end, we de- mand and shall peraisltently and firmly insist upon the absolute right of free discussion and free speech on ail subjects of public interest 6. That we join in at: earnest wish for the maintenance, untarnished and undimmed, of th» public credit and plighted faith of the nation <- 7. That in the maintenance of the position taken and the principles this day avowed; we earnestly invite the infinence and co-operation of men of all political persuasions, who'- regard and cordially support the recent action of Con- gress as a solution of our present political diffi- culties ; that we deprecate partizan violence, and desire peace and good- will towardair men ; and if in an open and fearless effort, which we pro- pose to make on every suitable occasion, to jier- suade and convince the people that our higtiett duty and truest interest are to be subserved„bj' maintaining the principles of the liepubligan party, an earnest interest should be awakened, it will be from no other cause than a rigid adhe- rence to what we regard as a sacred right and a solemn public duty. South Carolina. Or Chaelestoh Eepublioans, Maeoh 22, 1867. 1. Mesohed, That we give our cordial and en- tire sanction to the action of Congress for the re- storation of 'the Union, and to the wise and just principles of the Republican party. 2. That in order to make the labors of all our loyal fellow-citizens more effectual for carrying out the provisions of Congress for the restora- tion of law and order in our State, as well as foi the peace and prosperity of our entire countij; we do form an association to be known as the "Union Republican party of South Carolina." 3. That we pledge our sacred honor, our for- tunes, and our lives to serve our country, to pre- serve her institutions, and especially to aid hei in keeping inviolate tlie national faith, which has been sacredly pledged to the payment of the national debt incurred to save the liberties of the country and to suppress rebellion, and that the people will not suffer this faith to be violated or impaired ; but all debt'i incurred to support the rebellion, as they were unlawful, void, and of no obligation, shall never be assumed by the United States, nor shall South Carolina be; per- mitted to pay any debt whatever which was contracted to aid tire rebellion in any form. 4. That the nation owes to the brave men^ white and colored, of our army and navy a'debt of lasting gratitude for their heroic services in defence of the Constitution and the Union, and that, while we cherish with a tender affection the memories of the fallen, we pledge to their widows and orphans the nation's care and pro- tection. 5. That as republican institutions cannot be preserved unless intelligence be generally dif- fused among all classes, we will demand of our legislature a uniform system of common schopls, which shall be open to all, ^vithout distinction of race, color, or previous condition ; such sys- tem to be supported by a general ta,x npou' all kinds of property. 6.. That we will favor a liberal system of pub- lic improvements, such as railroads, canals, 'fl,nd other works, and also such a system of awards ing contracts for the same as will give all our ffrl* RESOLUTIONS GF CONVENTIONS. 253 low-citizens an equal and fair chance to share in them. 7. That we will also insist on such modifioa- (jioa of the laws of the State as will do away with imprisonment for debt, except for fraud ; and imprisonment of witnesses, except for willful absence ; and especially to abolish, entirely and forever, the barbarous custom of corporal pun- ishment for crime or any other cause. . 8. That, as large land monopolies tend only to make the rich richer and the poor poorer, and are ruinous to the agriSultural, commercial, and Social interests of the State, the legislature should offer every practicable inducement for the division and sale of unoccupied lands among the poorer classes and as an encouragement to emigrants to settle in our State. 9. That the law of ejectment and distraint should be so modified as to protect equally the landlord and the tenant. 10. That provision should be made for the ex- emption of the poor man's homestead. 11. That the interests'of the State demand a revision of the entire code of laws and the reor- ganization of the courts. 12. That the interests not only of the State, but of the whole country, demand every possi- ble guaranty for the perpetuity of all the rights conferred upon the newly enfranchised portion of our fellow-citizens, and. that, in the use of the sacred right of the elective franchise, we will seek to elevate to offices of trust and honor only those who are truly loyal, honest, and capable, irrespective of race, color, or previous condition. 13. The consideration of justice and humanity demand provision by the legislature for the pro- tection and support of the aged, infirm, and helpless poor, irrespective of race, color, or pre- vious condition. 14. That we will iiot support any candidate for~ office who will not openly indorse, advocate, and defend the principles adopted by the Union Republican party. 16. Relying upon Divine Providence for wis- dom in our counsels, efficiency in our action, harmony among ourselves, with malice toward none and charity to all, we pledge our earnest and best efforts for the return of peace and pros- perity to all our people, and for an early repre- sentation of our beloved State in the Congress of the United States. Virginia Bepnblican State Convention, April 17 ahd 18, 1867. • Whereas, having for the first time in the his- tory of Virginia assembled at her State capital, at the call of a Union Republican State .commit- tee, as a convention of Union men, for the pur- pose of ratifying the acts of the 39th and 5oih Congresses, and adopting measures to unite all parties who earnestly and honestly desire (hat this, legislation should b^ perfected in accord- ance with the express desire of Congress and carried out in good faith by the people of this &ate,.we, therefore, in convention assembled, do First. jResohe, That we return our sincere and heartfelt thanks to the 39th Congress for their recent legislation resulting in the pas- sage of the Sherman -Shellabarger bill and. its snpplement, and certify with gratitude that the beneficial effects of such legislation are already visible in the increased security of loyal men, and in inducing immediate efforts toward recon- struction on the part of all classes ; and that we do hereby pledge our earnest and persistent ef- forts to carry out in good faith, without evasion, with honesty of purpose, unflinching courage, a,nd never-tiring energy, all its provisions, be- lieving that by this course alone can permanent peace and prosperity be restored to the State and an early admission to the Union be secured. 2. That in the principles of the National Republican party of the United States we re- cognize all we can desire as a guide in our po- litical future ; that we adopt them as our plat- form, and pledge ourselves to their support, and cordially invite the co-operation of all classes of our fellow-citizens, without distinction of race or color, without regard to former political opin- ions or action, induced by such convictions. We invite them to join us, and pledge them a warm welcome to our ranks, and a full and free par- ticipation in all the advantages of our organiza- tion. And firmly believing that in the present condition of public affairs the Republican party offers the most available means through its or- ganization foj the speedy attainment of perma- nent reconstruction, we do hereby, adopt its principles and platform as the basis and platform of the Union Republican party of Virginia. 8. That we adopt as part of our platform and as cardinal points in the policy of the Union Republican party of Virginia the follow- ing propositions: first, equal protection to aU men before the courts, and equal political rights in all respects, including the right to hold office; second, a system of common-school education, which shall give to all classes free schools and a free and equal participation in all its benefits ; third, a more just and equitable system of taxa- tion, which shall apportion taxes to property, and require all to pay in proportion to meir abil- ity ; fourth, a modification of the usury laws suffi- cient to induce foreign capital to seek investment in the State; fifth, encouragement to internal improvements and every possible inducement to immigration. 4. That in the noble utterances of the found- ers of our Constitution, we recognize a true ap- preciation of the great fact that parties or gov- ernments, to be prosperous or successful, must be founded or administered on the basis of exact and equal justice to all men ; .tnd we accept as our guides the great principles enunciated by them, first and most important of which is. the great and glorious truth " that all men are cre- ated free and equal, are endowed with certain inalienable rights, and thataniong these are life, liberty, and the pursuit of happiness ;" and we solemnly pledge, on the part of this convention and the party it represents, a strict adhesion to these sentiments, which, for the first time in the history of Virginia, a political organization is in a position to adopt in spirit and action as in name. 5. That believing the principles enunciated in the foregoing resolutions can be objectionable to no man who really loves the Union, and that they are the only true principles which can give to Virginia an early restoration to the Union 254 POLITICAL MANUAL. and endumng.peace.aQid piosperity, we solemii^lSr' ple<^g& owselpea to sappcxrtino man fom an eleet- LV'B- o£ce who &ils to jf>in us in their adoprtion and enfoxcement„.who faiis . to identify hiimself Wfith the Union BepuJaJieaa pactyr in spirit and action .or hesitates toicoibneeitihimeelf opienlf^ and publicly with itS;platform as adoptediheme to-day. 6. ThatiW« reoogniza.'tbe gceat fact, that the interests of the-laboiinK classes of the.State are^ identical, and that, witm>ut regard to ooloc, we dssire to elevate them to < then trae position ; that th« exaltation of the poor aadJiamblei tbe- restraint of the rapacious and the.arro^nt, the lifting up of. the, poor and degraded wilhout'hu- m^iation or degradation to any;: that the attain- ment of the greatest amount, of happiness and pjiospeiity to the, ereateat number is our warm- est desire, and> shall hanet our earnest and per- sistent ^Eorts in their accomplishment; that ■while: wie desire to, see all men protected in full aad equal proportions, and eveny political right seaured to the colored man: that- i3< enjoyed by asij-, other class of ciJiizeus, we do not desire to deprive the laboring white men; of any rights or privileges whiah: they nx3W enjoy, but do propose to eijit«™i- those rights and privileges by the or- g(knizatioa of the Eepnblioan;party inthis.State. EENI^BGEY AND VIBOINIA BESOLTTTiaNS. KentncTty Besolatians, NoTemher, If 98. 1. Hesolved, That thd^several States compos^ ing the United States of America: are not united on the principle of unlimited submission: to their General Government ; but that, by compact, un- der the style and titleiof a Constitnt;on for the Uniited States and of Amendments, thereto, they constituted aigeneral government for special pur- poses, delegated'to thatGoveimment certain defi' nite powers,, reserving each State to itself the i residuary ma8B.of righfrito their own self .govern* ment ; and that whensoeverthe General Govern, ment assumes undel^igated powers, its acts are unauthoritativeu void, and of. no foioei That to this ccmipaQt each. State. acceded as a State, and is an integral party, its co-States formiug as to itself the omer party : Thatthe-government created by this compact was not made the exclni- sive or final judge oi thei' extent of the powers delegated toitself; since that would, have imade its discretion,, and not the constitution, the mea- sure of its powers; ,but that, aein all other caseS' of compact among . parties having no common judge, each party nas an equal right to judge, for iteelfj.as well of infractions, as of the mode and, measure of redress. • 2. That-theiConstitution of the United States having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies and felonies committed on the high seas, and offences against the laws of nations, and no other crimes what- ever, and it being true as a general principle,, and one of the amendments to the Constitation having also declared, " that the powers not dele- gated to the United States by the Constitution, nor prohibited by it to the States; are reserved to the States respectively or to the people;" therefore, also the same act of Congress, passed on the 14^h day of July, 1798, and entitled, "An ,act in addition to the act entitled, 'an actfoi'thv pnilighnient of certain. crimesragainst^theUnited Sta'tes," as also the act passed by them on thet 27thi.dBy. of June, 1798, entitled "An act to pun- ish frauds committed on the Bank of the> United^ States,! " (and all other their acts whach assunU' to: create;! define^' or panisb crimes other thani those enumerated in the Constitution,) are al- together' void and of no force, and that the power to create, define, and punish' such other: crimes is reserved, and of right appertains solete and exclusively, to the respective- States, each.: within its own territory. 3. That it is true as a general prinmpk; aitd is also expressly declared by one of the ameoi^ ments to the Constitution, that " the powers not' delegated tb. the United States by the Constitu- tion, nor prohibited by it to the States, arereserved , to the States respectively or to the people ;" ami that no power over the freedom of religion, free- dom of speech, or freedom of the' plSss, heing' delegated to -the United States by toe Constitu- tion, nor prohibited by it to the States, all lawful ' powers respecting the same did of right remain, and were reserved, to the-Statesor to the peopfe: That thus was manifested their determination to retain to themselves 'the right of judging how far the licentiousness of speech and of the press may be abridged without leeaening their useful free- dom, and how far those abuses which' cannot be separated from their- use should be tolerated.: rather than the use be destroyed ; and thus, also, they guarded against all abridgment by the Uni- ted States of the freedom of religious opinions and exercises; and retained to themselves the right of protecting the same, as this State, by a- law passed on the general demand of its citizenSj had already protected them from all human re- straint or interference: And that, in addition to thi» general principle and express declaration, another and more special provision has been. made by one of the amendments - to the ConSti'^ tution, which expressly declares that " Congress shall make no law respecting an establishment of religioner prohibiting the -free exercise there' of;. or abridging the freedom of speech or of the press," thereby guarding in the same sentence; and under the same words, the freedom of re- ligion, of speechj land of the press, insomuch that whatever violates either thro-wB-down the same-'- tuary which covers the others, and that libels, falsehoods, and defamation, equally with heresy and false religioa, are withheld-from the cogni- zance of federal tribunals : That therefore the aet of the Congress of the United States, passed off thel-ith day of July, 1798, entitled "An act in' addition to the act for the punishment of certaii' crimes against the United States," which doeff abridge the freedom of' the press; is not law, but is altogether void and of no effect. 4. That alien friends are under the jurisdic- tion and protection of the laws of the State wherein they are ; that no power over them has been delegated to the United States nor prohib- ited to the individual States distinct from their power over citizens ; and it being true, as a gen'^' eral principle, and one of the amendmepts tff' the Constitution having also declared that " the' powers not delegated to the United States by the Constitution, nor crohibited by it to the SLates, EESOLTTTIONS OP CONVENTIONS. 23-5 are reserved to the States respectively or to the §eopte," tih© act of; the Congress of the United tates, passed on the 22d' day of June,1798, en- titjBd"'An act concerning aliens," which assumes mwjper over alien friends not delegated by the Constitution, is not l)a,w, but is altogether void and of no force. Si That in addition to the general principle as VRell as the express declaration that powers not delegated are reserved, another and more special provifion inserted in the Constitution from abun- dtot caution has declared " that the miration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year 1808 :" Tta-t. this Commonwealth does admit the migration of alien friends described as the subject of thesaid act concerning aliens ; that a provision against prohibiting their migration ' i^ a provision against all acts equivalent thereto, or it would be nugatory ; that to remove them when migrated is equivalent to a prohibition of tileir migration, and is therefore contrary to the said provision of the Constitution and void. 6. That the imprisonment of a p'rson under the protection of the laws of this Commonwealth on his failure to obey the simple order of the Rresident to depart out of the United States, as is , undertaken by the said act, entitled " an act concerning aliens," is contrary tp the Constitu- tion, one amendment to which has provided, that "no person shall be deprived of liberty without due process of law," and that another having provided "'that in all criminal prosecu- tions the accnsed shall enjoy the right to a public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be con- fronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of coun- sel for his defence," the same act undertaking to authorize the President to remove a person out of the United States who is under the pro- tection of the law, on his own suspicion, with- out accusation, without jury, without public trial, without confrontation of the witnesses against him, without having witnesses in his favor, with- out defence, without counsel, is contrary to these provisions also of the Constitution, is therefore not law, but utterly void and of no force. That transferring, the povfer of judging any person, who is under the protection of the laws, from the,conr,te to the President of the United States, as, is undertaken by the same act concerning djiens-, is against the article of the Constitution which provides that "the judicial power of the United States shall be vested in courts, the judges of which shall hold their offices during good be- hiavior;" and that the said act is void for that reason also ; arid it is further to be noted, that this transfer of judiciary power is to that mag- istrate of the General Government who already possesses all the executive, and a qualified nega- tive in all the legislative powers. 7.- That the construction applied by the Gen- eral Government (as is evinced by sundry of their proceedings) to those parts of the Consti- tution of the United States which delegates to Congress a power to lay and collect taxes, duties, imposts, and excises; to pay the debts, and pro- vide for the common defence and general welfars of the United States, and to make all laws which shall be necessary and proper for carrying into execution the pov/ers vested by the Constitution in the Government of the United State?, or any department thereof, goes to the destruction of aH the limits prescribed to their power by the Coar stitution. That word? meant by that instrument to be subsidiary only to the execution of the limited powers ought not to be so construed as themselves to give unlimited powers, nor a part so to be taken as to destroy the whole residue of the instrument : That the proceedings of the General Government under color of these article? will be a fit and necessary subject for revisal aud correction at a time of greater tranquillity, while those specified in the preceding resolutions call for immediate redress. , 8. That the preceding resolutions be trans- mitted to the Senators and Bepresentatives: in Congress from this Commonwealth, who are hereby enjoined to present the same to their respective houses, and* to usetheir beBt;endeavor3 to procure, at the next session of Congress, a re- peal of the aforesaid unconstitutional and'obnoji: lous acts. 9. Lastly, That the Governor of this Common- wealth be, and is hereby, authorized and requested to communicate the preceding resolutions to the legislatures of the several States, , to assure them that,, this Commonwealth considers union for specified national purposee,.and particularly- for those specified in their late federal compact, to be friendly' to the peace, hiappiness, and pros- perity of all the States : that faithful to that compact, aocordingto the plain intent and mean- ing iln which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government, and transfer them to a gen- eral and consolidated government, without re- gard to the special obligations and reservations solemnly agreed to in that compact, is not for the peace, happiness, or prosperity of these States: And that therefore this Commonwealth is determined, as it doubts not its co-States are, tamely to submit ■ to undelegated and conse- quently unlimited powers in no man or body of men on ear.th : that if the acts before speci- fied should stand, these conclusions would flow from them; that the General Government may place any act they think proper on the list of crimes,, and ppnish it themselves, whether enumerated or not enumerated by the Constitu- tion as cognizable by them ; that they may transfer its cognizance to the President or any other person, who may himself be the accuser, counsel, judge, and jury, whose suspicions may be the evidence, his order the sentence, his offi- cer the executioner, and his breast the sole re- cord of the transaction ; that a very numerous and valuable description of the inhabitants of these States, being by this precedent reduced as outlaws to the absolute dominion of one man, and the barrier of the Constitution thus swept away from us all, no rampart now remains against the passions and the power of a majority of Congress to protect from a like exportation or other more grievous punishment the minority 256 POLITICAL MANUAL. of the same body, the legislatttres, judges, govern- ors, and counselors of the States, nor their other peaceable inhabitants who may venture to re- claim the constitutional rights and liberties of the States and people, or who for other causes, good or bad, may be obnoxious to the views, or marked by the suspicions of the President, or bo thought dangerous to his or their elections or other interests, public or personal ; that the friendless alien has indeed been selected as the safest subject of a first experiment; but the citi- zen will soon follow, or rather has already fol- lowed ; for already has a, sedition act marked him as its prey : that these and successive acts of the same character, unless arrested on the threshold, may .tend to drive these States into revolution and blood and will fiirnirth new cal- umnies against reptiblican governments, and new pretexts for those who wisli it to be be- lieved that man cannot be governed but by a rod of iron : that it would be a dangerous delu- sion, were a confidence in the men of our choice to silence our fears for thd safety of our rights : that confidence is everywhere the parent of des- potism; free government is founded in jealousv and not in confidence; it is jealousy and not confidence which prescribes limited constitu- tions to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which and no further our confidence may go; and let ihe honest advocate of confidence read the ali"ii and sedition acts, and say if the Constitulioi; has not been wise in fixing limits to the govern- ment it created, and whether we should be wise in destroying those limits ? Let him say what the Government is if it be not a tyranny, which the men of our choice have conferred on the President, and the President of our choice has as- sented to and accepted over the friendly strang- ers, to whom the mild spirit of our country and its laws had pledged hospitality and protection ; that the men of our choice have more respected the bare suspicions of the President than the solid rights of innocence, the claims of justifica- tion, the sacred force of truth, and the forms and substance of law and justice In questions of power, then, let no more be heard of confi- dence in man, but bind him down from mischief by the chains of the Constitatioa. That this Commonwealth does therefore call on its co- S'ates for an expression of their sentiments on the acts concerning aliens and for the punish- ment of certain crimes hereinbefore specified, plainly declaring whether these acts are or are not authorized hy the federal compact? And it doubts not that their sense will be so an- nounced as to prove their attachment unaltered to limited government, whether general or par- ticular, and that the rights and liberties of their co-Slates will be exposed to no dangers by re- maining embarked on a common bottom with their own: That thejr will concur with this Con monwealth in considering the said acts as so palpably against the Constitution, as to amount to an undisguised declaration that -the compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States of all powers nrhatsoever :■ That they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government with a power assumed to bind the States, (not merely in cases made federal,) hut in all cases whatso- ever, by laws made, not with their consent, but by others against their consent : That this would be to surrender the form of government we have chosen, and to live under one deriving its powers from its own will, and not from our authority;; and that the co-States, recurring to their natuiral right in cases not made federjil, will concur ia declaring these acts void and of no force, and will each unite with this Oommonwealth' in requesting their repeal at the next session of Congress. Virginia Sosolutions, December, 1798. Rcsiilvd, That the General Assembly of Vir; ginia doih unequivocally express a firm resolu- tion to maintain and defend the Constitution of the United ideates and the constitution of this State agninst every aggression, either foreign or domejtic; and that they will support the Goy- ernniput of the United States in all measures warranted b) -he former. 2. Tliat this Assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges its powers; and that, for this end, it is their duty '■o watch over and oppose every infraction of those principles whicli constittlte the only basis of that Union, because a faithful observance of them can alon^ secure its existence and the public happiness. 3. That this Assembly doth explicitly and peremptorily declare, that it views the powers of the Federal Government as resulting from the compact to which the States are parties, as lim- ited by the plain sense and intention of the in- strument constituting that compact, as no further valid than they are authorized by the grants enumerated in that compact; and that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said com- pact, the States, who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for main- taining, within their respective limits, the au- thorities, rights, and liberties appertaining to them 4. That the General Assembly doth also ex- press its deep regret that a spirit "has, in sundry instances, been manifested by the Federal Gov- ernment to enlarge its powers by forced construe-, tions of the constitutional charter which defines them ; and that indications have appeared of a design to expound certain general phAses (which,, having been copied froon the very limited grant of powers in the former Articles of Confederation, were the less liable to be misconstrued) so as to destroy the meaning and effect of the particular enumeration which necessarily explains andlim-. its the general phrases, and so as to consolidate the States, by degrees, into one sovereignty, the obvious tendency and inevitable result of which would be to transform the present republioau system of the United States into an absolute, or, at best;, a mixed monarchy., 5. That the General .Assembly doth particu- larly protest against the palpable and alarming; infi;actiou3 of the Constitution in the two lata' POLITICAI. MISCELLANY. m eases of the "alien and sedition acts," passed at the last session of Congress ; the first of which exercises a power nowhere delegated to the Fed- eral Government, and which, ly, uniting legis- lative and judicial powers to those of executive, subverts the general principles of free sovern- JOent, as well as the particular organization and I positive provisions of the Federal Constitution; and the other of which acts exercises, in like manner, a power not delegated hy tlie Constitu- ;tion, but, on the contrary, expressly and posi- tively forbidden by one of the amendments thereto — a power which, more than any other, ought to produce universal alarm, because it is levelled against the right of freely examining public characters and measures, and of free com- lawication among the people thereon, which has ever been justly deemed the onlj' effectual guar- dian of every other right; 6. That this State, having by itS' convention, which ratified the Federal Consjiitution, expressly declared that, among other essential rights, "the liberty of conscience and the press cannot be cancelled, abridged, restrained, or modified, by any authority of the United States," and from ftB extreme anxiety to guard these rights from every possible attack of sophistry and ambition, baving, with other States, recommended an amendment for that purpose, which amendment was, in due time, annexed to the Constitution — it would mark a, reproachful inconsistency, and criminal degeneracy if an indifference were noflr shown to the most palpable violation of one of the rights thus declared and secured, and to the establishnient of a precedent which may be fatal to the <»ther. 7. That the good people of this Comnioa'- wealth, having ever felt; and continuing to feel, the most sincere affection for their brethren of the other States, the truest anxiety for estab- lishing and perpetuating the union of all, and the most serupulous fidelity to that Constitution; which is the pledge ' of mutual friendship and the instrument of mutual happiness, the Gene'- ral Assembly doth solemnly appeal to the like dispositions in the other States, in confidence that they will concur with this Commonwealtlji in declaring, as it does hereby declare, that the acts aforesaid, are- unconstitutional, and that the. necessary and proper measures will bo taken by each for co-operating with this State in maintaining unimpaired tlie authorities, rights, aad liberties reserved to th» States respectivelyt or to the people. 8. That the Governor be desired to transmit a copy of the foregoing resolutions to the exeoor tive authority ol each of the other States, with a request that the same may be communicated to the- legislature thereof, and that a copy be fur- nished to each of the Senators and Bepresenta- tives representing this State in the Congress-of the United States. XXIT. POLITICAL MISCELLANY. ELECTIVE TBAirCHISE TS THE STATES. In Tennessee. 1867, February 6 — The Ho0se passed a bill striking the word " white " from the franchise law'of the State* — yeas 38, nays 25. The' yeas Were Messrs. Anderson of Hamilton, Anderson of White, Baker, Blaokman, Clements, Clinganj Donaldson, Doughty, Dowdy, Elliott, Fuson, Garner, Gilmer, Hudson,. Halej Eerchival, Max- Well,' McNair, Morris, Murphy, Norman.Patton, Porter, Puckett, Raulston, Richards, Shepherd, Smith of Hardeman, Smith of Obion, Taylor, Thornbnrgh, Underwood, Waterfe,. Welsh, Wines, Woodcock, Woods, and Speaker {pro tem.) Mul- loy— 38. February 18»— The Seetate concurred'— ^yfeas 14;- nays 7. March 21 — The supreme' count of the State Unanimously sustained the constitutionality 'of thertfiianohise law. A law was also passed containing this puo- viltton: '"That in all State,; district, county; and all other elections, sntth aliens ashave resided more than one year in- the United States', and m'ore - than-six months in the- State > of - Ten6es8ae,.shall hai«6-the right of the-' 'elective frimchifee : I^'O" That such persons shall- have previously *i!pr cop; of ttaa law see Political Manual for 1866, pp- ^•7 declairedi their intention to become citizens of the United States, and that they shall not have par- ticipated in the late rebellion." In Ohio, 1867, April 6 — This joint resolution passed: A EESOLUTION Relative to an -amendment of the constitution, providing for the extension of the electivS franchise : SesoUied, By the General- Assembly of the State of Ohio, three-fifths of the members elected to each- house .agreeing thereto, that it- be and is hereby proposed to the el-ec.tor.s of this Statej.to vote at the next anntial Ostober election upon the approval or rejection of the following amei>d- ment as a substitute for tbo first section of the fifth article of the constitution of this State, to wit: "Every male citizen of the United State.i of the-ageof twenty-oaa years,- who shall have been a resident of theSta'teoney-ear next pre- ceding the election, and of the county, townsbipi or ward in which- he resides such time as may -be provided by. law, except such persons as have' Dbrne arBis in . Support of any insurrection or- rebellion -aaainst- the Government of the- United States-, ornave'fledfrom their places of residence to avoid beiiig drafted into tlie military, aorviiiS thereof) or have deserted the- militarjr or naval service of said Qo-^etoaieBl! in titee-ol'-war, aaSj 258 POLITICAL MANUAL. had not subsequently been honorably discharged &om the same, shall have the qualifications of an elector, and be entitled to vote at all elections." In the Senate, the vote was yeas 23, nays 11, strictly party vote except that Mr. Combs (Re- publican) voted in the negative. In Wisconsin. Both houses have agreed to proposing an amendment to the constitution so as to extend suffrage to allpersons* over the age of twenty- one years. The vote in the Senate was 18 to 9, not voting 6. In New Jersey. A proposition to strike the word " white " from the constitution was defeated in the house — ^yeas 20, nays 38, as follow : Teas — ^Bfessrs. Atwater, Sayre, Murphy, Edwards, Bald- win, Yoorhoes, Runyon, A. P. Gondit, Bruere, Stansbury, Mount, Estler, J. D. Gondit, Wolsieffer, Moore, Gustia, Ball, Trimble, Morris, Falkenbury — 20. Nats— Messrs. AUen, Taylor, lUff, Davenport, W. W. Clark, Vail, LippincoU, Fort, Christie, White, Piekel, Henry, Coles, Crozer, Ayres, Tyrrell, W. J. lliff, Evans, H. F. Glark, yiiet, Nixon, Garrison, GoUinga, Wilson, Thompson, Heu- drickson. Redden, Dwyer, Beesley, Tan Emburgh, Jarrard, Vulmer, Oorlies, Ward, Ferrirae, GivenSy Coate, Jizwflrer— 38, In New Toik. The Republican State convention to nominate delegates at large for a constitutional conven- tion unanimously adopted this resolution : Besolved, That the delegates to the coming constitutional convention, this day appointed, be instructed to support by every honorable means an amendment to the constitution giving to the black man the same rights of ballot as to the white man. In Kansas. A proposition to extend the elective franchise to women is pending. A PEOPOSED SUBSTITUTE FOB THE CONSTI- TUTIONAL AHENSMENT. In February, 1867, an effort was made to pre- pare a constitutional amendment to be substi- tuted for that proposed by Congress. The plan given below was published, and was declared to be approved by President Johnson, and sub- mitted to the Legislature of North Carolina, but was not favorably received : *The following paragraph iVom the iVew iForh Tribune is apposite : Lucy Stone and H. 6. Blackwell, citizens of New Jersey, have made an investigation, the result of which is remark- able, and proves that previously to 1776 only men voted, but that iu 1770 the original State constitutioQ conferred the franchise on " altinhabitants" (men or women, white or black) possessing the prescribed qualifications of £50 clear estate and twelve months' residence, and this constitution remained in force until 1814. In 1790, the Legislature, in ap act regulating elections, used the words "heorshe"in reference to voters. In 1797, another act relative to elections repeatedly designates the voters as " he or she." In the same year, 1797, seventy-five women voted i n Elizabethtown for the Federail candidate. In 1800 women generally voted through- out the State in the presidential contest between Jefferson and Adams. In 1802 a member of the legislature from Hunterdon cou^ity was actually elected, iu a closely con- tested election, by the votes of two or three women of color. In 1807, at a local election iu Essex county for the location of (the county seat, men and women generally participated, and were Jointly Implicated in very extensive frauds. In the winter of 1807-8, the legislature, in violation of the terms of the constitution, passed an act restricting suffrage to free white male adult citizens, and, in reference to these, vittnally abolished the property qualification of £50, thus extending it to all white male tax-payers, while exclud- ing all women and negroes. In 1820 the same provisions Were repeated, and remained unchanged uatU the adoptioa ik the pieiUQt constitutioa la 1814. Whereas it has been announced by persons high in authority that propositions from the southern States having in view the adjustment of our present political troubles would be re- ceived and considered, &c: Therefore, ^ Sesolved by the Legislature of the State of , That the Congress of the United States be re- quested to propose to the legislatures of the sev- eral States the following amendment to the' Con- stitution of the United States : Abtiolb 14, Sec. 1. No State under the Con- stitution has a right of its own will to renounce its place in or to withdraw from the Union ; nor has the Federal Government any right to eject a State from the Union, or to deprive it of its equal suffrage in the Senate or of representa- tion in the House of Representatives. The Union under the Constitution shall be perpetual. Sec. 2. The public debt of the United States, authorized by law, shall ever be held sacred and inviolate ; but neither the United States nor any State shall assume or pay any debt or obliga- tion incurred in aid of insurrection or rebellion against the Government or authority of the Uni- ted States. Seo. 3. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States in which they- reside ; and the citi- zens of each State shall be entitled to ail the privileges and immunities of citizens in the sev- eral States. No State shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its juris- diction the equal protection of the laws. Sec. 4. Representatives shall be apportioned among the several States according to their re- spective numbers, counting the whole number of persons in each State.excluding Indians not taxed. But when any State shall, on account of race or color or previous condition of servitude, deny the exercise of the franchise at any election foi' the choice of electors for President and Vice President of the United States, Representatives in Congress, members of the legislature, and other ofBoers elected by the people, to any of the male inhabitants of snch State being twenty-one years of age and citizens of the United States, then the entire class of persons so excluded from the exercise of the elective franchise shall not be counted in the basis of representation. And whereas, <6c., be it further resolved by the Legislature of , That the following article shall be adopted as an amendment to, and be- come a part of the constitution of the State of . Aetiole — . Every male citizen who has re- sided in this State for one year, and in the county in which he offers to vote six months immediately preceding the day of election, and who can read the Declaration of Independence and the Constitution of the United States in the' English language and write his name ; or who may be the owner of two hundred and fifty dol- lars' worth of taxable property, shall be enti- tled to vote at all elections for governor of the State, members of the legislature and all other officers the election of whom may be by the people of the State : JPrcvided, That no person by reason of this article shall be excluded from voting who has heretofore exercised the elective POLITICAL MISCELLANY. 259 franohise under the constitution or laws of this State, or who, at the time of the adoption of this amendment, may be entitled to vote under said oonstitution and laws. THE ELEGIIOirS OF 1867. In New Hampshibe, the vote stood : Gow- ernpr— Harriman, Republican, 85,776 ; Sinclair, Democrat, 32,733. Republican majority in Legis- lature, about 75. . . In CoHHEOTiouT, the vote stood : Governor — Sawley, Republican, 46,585 ; English, Democrat, 47,575. State Legislature : Senate — Republicans U, Democrats 10. House— Republicans 124, Democrats 114. Republican majority on joint ballot, 11. In Rhode Island, the vote stood : Governor — Bwnside, Republican, 7,554 ; Pierce, Democrat, 8,350. The legislature is largely Republican. In Maeyland, the vote on calling a conven- tion to revise the constitution of the State, was; For a convention, 34,534 ; against, 24,136. .,In Maryland, a new registry law was passed, directing the registering of " all white male per- sons " over twenty-one, not criminals or lunatics, and possessing sufficient residence. The legisla- ture also passed an act authorizing and directing the comptroller of that State to examine, adjust, and pay all claims presented to him for settle- ment by the officers and members, and others of the General Assembly of 1861. It rejected a bill to authorize colored persons to testify in the courts. It provided for the appointment by the governor, by the advice and consent of the sen- . ate, in each county, of a " commissioner of slave statistics," to prepare statements of the names, number, age, sex, and physical condition of the slaves in the respective counties at the time of the adoption of the State constitution in 1864, to state whether they were slaves for life or term of years, and whether they were enlisted or drafted into the military service of the United States, so far as is known to said owners or Others, and in what regiment they were placed, and -what compensation, if any, has been received by such owners from the State or General Gov- ernment for such slaves — the lists to be preserved among the public records of the couhties, and declared to be legal evidence of ownership, &c. The commissioners are to tecsive twenty-five cents per capita for each slave, to be paid by the former ownef . coNSTiirmoirAL conventions, A convention has recently been chosen in New YoEK by the votes of all persons qualified to I vote for members of the Assembly ; but no per- , son was allowed to vote who could not, if chal- lenged, take and subscribe this oath : "I (A. B.) do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since Ibave been a eitlzeu tboreof ; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto ; that 1 have neither sought nor accepted, nor attempted to exercise, the functions of any office whatever under any authority or pretended authority in hostility to the United States; that 1 have not yielded a voluntary support to any protended government, authority, power, or constitution within the United States, hostile or inimical thereto, and did not wilfully desert from the mili- tary or naval service of the United States, or leave this State to avoid the draft during the late rebellion." The convention is to meet in Albany on the first Tuesday in June. The new constitution is to be submitted in November next — as a whole or otherwise, as the convention may determine — to a vote of those qualified to vote for dele- gates. The convention stands, politically, Re- publicans 100, Democrats 60. A convention was chosea in Maetland, " by the registered voters thereof," on the second Wednesday of April, in which St. Mary's county has three delegates ; Kent, 4 ; Calvert, 3 ; Charles, 3 ; Baltimore county, 7 ; Talbot, 4 ; Somerset, 5 ; Dorchester, 4 ; Cecil, 5 ,■ Prince George's, 4 ; Queen Anne's, 4 ; Worcester, 5 ; Frederick, 7 ; Harford, 5; Caroline, 4; Baltimore city, 21; Montgomery, 4 ; Allegany, 6; Carroll, 6 ; How- ard, 4; Anne Arundel, 4; and Washington, 6. Said constitution it is provided, shall contain a " clause prohibiting the legislature from making any law providing for payment by this State for persons heretofore held as slaves." The conven- tion is to meet in Annapolis, on the second Wednesday of May, 1867, the compensation of members to be five dollars per day and mileage, and the president of the convention is author- ized to order the payment of the compen?atior. above provided, and the treasurer required to pay the same, in conformity with said order. Tlie constitution is to be submitted to the legal and qualified voters for their ratification or rejection, at such time, in such manner, and subject to such rules and regulations as the convention may prescribe. Judges of election, clerks of court, or sheriffs failing or neglecting to perform any duties required of them respecting these elec- tions, are made liable to indictment, and fine of $1,000 and imprisonment of six months. The convention is unanimou.sly Democratic and "Con- servative," the Republicans declining to run candidates. In Michigan, a Convention has been chosen, with a large Republican supremacy. Statement of the Public Debt of the United States on the 1st of April, 1867. Debt bearing coin interest .*. ;i,499,381,591 80 Debt bearing currency interest 7S4,280,780 00 'Matured debt not presented for payment 12,8'.a6,65tt bz Dbbt bearing no interest. — U. S. Kotes $375,417,249 00 fractional currency 29,217,494 96 Gold certificates of deposit 12,590,600 00 417,225,343 96 Total debt >,>. 2,663,713,374 18 Amoont in Treasniy, Coin :.. 105,956,477 22 " « Currency 84,328,826 62 140,286,303 7* Amount of Debt, less Cash in the Treasury « $2,523,423,070 ii 260 POLITICAL MANUAL. FBESIDE^T JOHirspiron HABEAS COBFUS. 1865, July 7 — Pending the execntion of the order of President JohaBon, given on page 7, re' specting the convicted assassins of President Ijin- coln, an effort was niade tq staiy , the execution by the counsel of Mrs. Surratt, who obtained a writ of habiiu aorpvfi, on that day from Judge Wylie, one of the justices of the supreme court of the District of Columbia. This writ was served upon General Hancock by the marshal of the. DistHct, Mr. Gooding, and at 11 o'clock General Hancock, accompanied by Attorney General Speed, made his appearance in the criminal court room, and made the following return, to wit: " HEADaUAETBES MlPDLE MlLITAET DiVISIOH, "WASHiUGioif, D. C, July 7, 1865., "To Hon. Andrew Wylie. Jtistiae of the Su- preme Oaurt of ike Distriot of Columbia. "I hereby acknowledge the service of the writ, hereto attached, and return the same, and re- spectfully say that the body of Mary E. Surratt, is in my possession under and by virtue of an order of Andrew Johnson, President of the Uni- ted States, and Commander-in-Chief of the army and navy, for the purposes of said order ex- pressed, a copy of which is hereto attached and made part of this return ; and that I do' not pro- duce said body by reason of the order of the Pres- ident of the United States indorsed upon said writ, to which reference is hereby respectfully made, dated July 7, 1865. "WiKPiELD S. Hancock, "Major General U.S. Vols., commanding." The indorsement upon the writ.is as follows; ",ExEOUTlVE.OpriOB, " Jhily 7, 1865—10 a. m.- "To Major General W. S. Hancoob:, " Qommanding, &c. "I, Andrew Johnson, President of the United States, do hereby declare that the-writ of haheas corpus has been heretofore suspended in such cases as this ; and I do especially suspend this writ, and direct that yon proceed: to execute the order heretofore given you upon the judgment df the military commission; and you wiUgive thjs order in return to this writ. "Andbew Johnson, PreMent." When Attorney, General Speed appeared, he, addressed the court briefly upon the action of the Government in the premises, and argiied to show that the suspension of the writ of haSeas corpus was absolutely necessary in a time of war. He declared that the Government had given the case anxious oonsidepratioii, and had directed that the writ should iiot be complied with after ma- ture deliberation. The court responded by saying that no further action should be taken in the premises. W. E. Doster, Esq., counsel for Payne and At- zerodt, also a/pplied for a writ of habeas corpus in their behalf, but as the writ in the case of Mts. Surratt had been of no avail. Judge Wylie de- cliiied to issue the writ. ADDITIONAL FBOCLAMATIONS 03 FBESIi- DENT JOHNSON. 1868, July IS — President Johnson issued a proclamation reciting the ratification of the XlVth amendment by South Ca,rolina, in sub- stantially the. same terms as are used in the proc- lamation announcing the action, in Flori'dfei and North Carolina, on page 379. 1868, July 18 — -President Johnson issued a like proclamation of the action in Louisiana. 1868, July 20— Presideiit Johnson issued a like, proclamation of the action in Alabama. 1868, July! 27 — President Johnson issued a like proclamation, of the action in Georgia. SECOND ELECTION IN SISSIS^IFFI. At the. election held ,in Mississippi, November 3D, and D^centber 1, 18^p,,U|nder .thi procla,matip4 of Presideijt.GTant, (see page 5Q5,) the vo,t^ w^s as.fbllows: Forthe constitution, 113,736; againstit,,955'.. AUjOiF.the separaitely-suhmitted portion^, (s?§ page 505) were rej.ected, except, sectip^j. 5,. af ticfe Xn, which, was ratified — ^yeais 7Q,42'7, nays2Q,r 834. Parf; of section. 3, ai;ticle VII, wag. reject- ed— yeas 2,206, nays 87,874.' Section 5, artiqte VII, vfas rejected— yeas 2,390, nays 87,253, Pa^t of section 26, article XII, was regected-^-y^^ 2,171, n^ys 88,444. [For .text of these sectjdAS see page 505.] The total r^gjstrayoi:). was 17$.- 792, of wiom 76,110 were while, and 100,6^2 aql,- ored. The. total vote polled on oonstitntiop Jyas 114,690, For Governor, James, L. Alcbrn,,Ea- ceiyed 76,143 votes; Loui^.Dep,tj: 38,133.' Ai&e ^rst election, thacpnst^ut^o.n was defeated— JiuiB 22, 1868. :p.A-ie;T zii. POLmCAL MANUAL FOR 1868. XXIIT. ORDERS, LETTERS, MiiSSAfiE AND VOTES IN THE SENATE RESPECTING SEOfiSTARY STANTON. Beqnest for Mr. Stanton's Besignation and Eeply. 1. — ^peesident johnson to seceetaey stanton. Executive Mansion, Washinoton, August 5, 1867. Sib : Public considerations of a high character constrain me to say that your resignation as Secretary of War will be accepted. Very respectfully, Andeew Johnson. To Hon. Edwin M. Stanton, Secretary of War. 2. — seceetaey stanton to peesident johnson. Wae Depaetment, Washington, August 5, 1867. SlE : Your note of this day has been received, stating that public considerations of a high char- acter constrain you to say that my resignation as Secretary of War will be accepted. In reply, I have the honor to say that public Considerations of a high character, which alone have induced me to continue at the head of this Department, constrain me not to resign the office' pf Secretary of War before the next meeting of Congress. Very respectfully, yours, Edwin M. Stanton. To the Peesident. Secretary Stanton's Suspension. 3. — PRESIDENT JOHNSON TO SEOEETAET STANTQN. ExEooTivE Mansion, Washington, August 12, 1867 SiE: By Tjirtue of the power and authority vested in me as President by the Constitution and laws of the United States, you are hereby suspended fro'm office as Secretary of War, and will cease to exercise any and all functions per- taining to the same. You will at once trans- fer to General Ulysses S. Grant, who has this 'day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and «harge. Very respectfully, yours, ■ Andeew Johnson. To Hon. ED*iit M Stanton, Secretary of War. " i. — PEESIDENT JOHNSON %0 G:^NEBAL GEANT. Executive Mansion, Washington, August 12, 1867. 6iE : Thehonorable Edwin M. Stanton haying haea this day suspended as Secretary of W&r, you are hereby authorized and empowered to act as Secretary of War ad interim, and will at once enter upoh the discharge of the duties of that office. The Secretary of War has been instructed to transfer to you all records, books, papers, and other public property now in his custody and charge. Very respectfully, yours, Andeew Johnson. To General Ulysses S. Geant, Washington, D. 0. 5. — geneeal geant to seceetaey stanton. Headq'es Aemies op the United States, Washington, D. C, August 12, 1867. SlE : Enclosed herewith I have the honor to transmit to you a copy of a letter just received from the President of the United States, notifying me of my assignment as Acting Secretary of War, and directing me to assume those duties at once. In notifying you of my acceptance, I cannot let the opportunity pass without expressing to you my appreciation of the Zeal, patriotism, firmness, and ability with which yon have ever ■discharged the duties of Secretary of War. With great respect, your obedient servant, U. S. Geant, Qtneral. To Hon. Edwin M. Stanton, Secretary of War. 6. — seceetaey stanton to peesidkft johnson. Wae Depaetment, Washington City, August 12, 1867. Sib : Your note of this date has been received; informing me that, by virtue of the power and authority vested in yon as President by the Con- stitution ^d laws of the United States, I am suspended from office as Secretary of War, and will cease to exercise any and all functions per- taining to the same, and also directing me at once to transfer to General U. S. Grant, who has this day been authorized and empowered to act as Secretary of -War ad interim, "all records - 261 2(312 POLITICAL MANUAL. books, papers, -and other public property now in my custody and charge. Under a sense of public duty I am compelled to deny your right, under the Constitution and laws of the United States, without the advice and consent of the Senate, and without legal cause, to suspend me from office as Secretary of War, or the exercise of any or all functions pertaining to the same, or without such advice and consent to compel me to transfer to any person the records; books, papers, and public property in my custody as Secretary. But inas- much as the General commanding the armies of theUnited States has been appointed ad interim, and has notified me that he has accepted the appointment, I have no alternative but to sub- mit, under protest| to superior force. Very respeciiully, yours, Edwin M. Stanton, Secretary of War. To the Peesibeni. 7. — seoeetaet siaifton to general gbaut. Wae Depabtment, Washingwon City, August 12, 1867. General; Your note of this date, accomv panied by a copy of a letter addressed to you, August 13, by the President, appointing yon Secretary of War ad interim, and informing me of your acceptance of the appointment, has been received. Under a sense of public duty I am compelled to deny the President's right, under the Consti- tution and laws of the United States, to suspend .ne from office as Secretary of War, or to author- ize any other person to enter upon the discharge of the duties of that office, or to require me to transfer to yon or any other person the records, books, papers, and other properly in my official custody and charge as Secretary of War. But, inasmuch as the President has assumed to suspend me from office as Secretary of War, and you have notified me of your accept^ance of the appointment of Secretary of War ad interim, I have no alternative but to submit, under pro- test, to the superior force of the President. You will please accept my acknowledgment of the kind terms in which you have notified me of your acceptance of tne President's ap- pointment, and my cordial reciprocation of trie sentiments expressed. . I am, with sincere regard, truly jjours, Edwin M. Stanton, Secretary of War. General Ultsses S. Geant. Action of the Senate, January 13, 1868. Jai;,uary 13 — The Senate resumed considera- tion of the following resolution, reported by the Committee on Military Affairs and the Militia, the 10th instant: Resolved, That having considered the evidence and reasons given. by the President in his report of the 12th December, 1867, for the suspension from the office of Secretary of War of Edwin M. Stanton, the Senate do not concur in such sus- pension. Which was determined in the affirmative — yoasi 35, nays 6, as follow ; Yeas— Messrs. Anthony, Cameron, Cattcll, Ohandliir, Colo, Coullling, Conness, Corbett, Cragin, Drake, Edmunds, Ifprey, Fessenden, Fowlei-, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Verm. Waslibnru. William B. Wasbbnrn, Welker, James F. 'Wll«on, Jobn T. Wilson, WoodbriJge, ^Vbodward - 108. EESOLUTIOH OF INaUIEY. 1868, January 27 — Mr. Spalding rooved a euspension of tbe rulea, to allow him to offer this resolution ; liesolved, That the Committee on Eeoonstruo- tion be authorized to inquire what combinations have been made or attempted to be made to ob- struct the due execution of the laws, and to that end the committee have power to send for per- sons and p:\pers, and to examine witneisses on oath, and report to this House what action, if any, they may deem necessary, and that said committee have Uave to report jat any time. Which was agreed to — yeas 103, nays 37, and the resolution was adqpted — yeas 99, nays 31. OTHEB MATTEES EEFEEEBD February 10 — The evidence taken on Impeach- jient by the Committee on the Judiciary Waa, pn Motion of Mr. Tbaddeus Stevens, referred to theOonimittee on RsQanstruction, and the com- mittee was given leave to report at any time. February 11 — The eorrespondence between Gemeral Grant aad President Johnson, relating to the retirement of the former from the War OflBce. was also referred to the Committee on KeeoBstruction . February 13-TheCommittee'onEeconstrucfcion awe reported to ha^Ve voted down resolutions of impeaehment offered by Mr. Thaddeus Stevens. The vote on a moition to lay them on the table was, ye^s 6, nays 3, aa follow ; Yeas— Messrs. Beaman, Seclc, Bingham, BrooJcs, Hul- bnrd, Paino— 6. Kats— Messrs. Boutwell, Jarnsworth, T. Stevens— 3. The Final Effort at Impeachment. In House. 1S68, February 21— The Speaker, by ui9.aiii- mous consent, laid before the House the follow- io|r'c,o»municatjoin from the Secretary of War: Wae Dejjaetment, , Washin&tOS GiiT, F^hmary 21, 1868, &B, : General Thomas has just delivered to ine j|, <;epy of the enclosed order, which you will please eommunicaJie to the House of Eepreaent- jtives. E. M. Stastojt, Saerctary of Waf. KoH. Sghdylee CoLrAX, -, Speaker Souse of Rrjprp.iemf.fit^i-o'^ Executive Mansion, Washingxok, D. C, February 21, 1868. , SiE: By virtue of the power and authority vested in Bie as President by the Constitution and laws of the United States you are hereby removed from office as Secretary for the Depart- ment of War, and your fanotions as such wiH terminate upon tbe receipt of this oommunica- tioD< You will transfer to Brevet Major General Lorenzo Thoaias, Adjutant General of the Army, who has this daiy bean authorized and empow- ered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and charge. Eespeotfully, yours, Andeew Johnson. To the Hon. Edwin M. Stanton, Washington, D. G. Which was referred to the Committee on Efe- Bons,truction, with authority to report at any time, together with a resoliition offered by Mr. Covode, a* follows : Besolved, That Andrew Johnson, President of the 'United States, be im'peached of high crimes and misdemeanpis. ebpoet op committee. 1868, February 22— Mr. Thaddeus Stevens, from the Committee on Beconstruotion, m'ade the following report: The Committee on BecoDstruction, to whoin wp,s referred, on the 27th day of January Ifeiat, the following resolution : Reiolvzd, That the Committee on Keconatniction be an- thorized to inquire what combinations have been made or attempted to bo made to obstrnct tbe dne execution of the laws; anci to that end the committee have power to send for persons and papers anil tw examine witnesses on oath, and report to'fUfs House w'liut itction, if any, they may deem necessary, and that said eomniittee have leave to report at any time ; And to whom W-as 9,Uo referred, on the 21sl day of February, instant, a communication from Hon. Edwin M. Statu ton, Secretary of War, dated on said 21st day of February, together with a copy of a letter from Andrew Johnson, President of the United States, to the said Edwin M.Stan- ton, as follows : Executive Mansion, WASftiNGTOir, P.'C, February 21, 1868. SlB: By virtue of the power and authority vested in Ine as President by the Constitution and laws of the United States you are hereby rejnoved' froiu office as Secretary for tiie Depart- ment of War, and your functions as such will terminate upon the teceipt of this communica- tion. YoH will transfer to BreVet Major General liorenzo Thotoas, Adjutant General of the Army, who has this day beeti authorized and empow- ered t-0 act as Secretary of War ad interim, all records, boo'ks, papeira, and other public properly now in your custody and charge. EespectfuUy, yours, Andivew Johnson. T<> t'he Hon. ESwiN M. Stanton, WasTiington. D. C And to whom was also referred by the House of Eopresentativea tlie following resoUition,, namely : Baolvei, Tlint Anih'ew joliiison, Pri'sident "f the Unilial S'tates. be iraouacihed 6t high crimes and misd'o- 266 POLITICAL MANUAL. Have considered the aeveral subjects referred to tbem, and submit the following report: That, in addition to the papers referred to the eommittee, the committee find that the President, on the 21st day of February, 1868, signed and issued a commission or letter of authority to one Lorenzo Thomas, directing and authorizing said Thomas to act as Secretary of War ad interim, and to take possession of the books, records, and papers, and other public property in the War Department, of which the following is a copy ; Executive Mansion, Washinqtoit, February 21, 1868. SlE: Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office. Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge. Respectfully, yours, Andbew Johnson. To Brev. Maj. Gen. Loebnzo Thomas, Adjutant General U. S. A., Wdihington, D. 0. Official copy respectfully furnished to Hon. Edwin M. Stanton. L. Thomas, Seerotary of War ad interim. Upon the evidence collected by the committee, which is herewith presented, and in virtue of the powers with which they have been invested by the House, they are of the opinion that An- drew Johnson, President of the United States, be impeached of high crimes and misdemeanors. They therefore recommend to the Houso the adoption of the accompanying resolution. Thaddeus Stevens, Geoege S. Boutwell, John A. Bingham, 0. T. Hulbued, John F. Faenswoeth, F. C. Beaman, H. E. Paine. Eesolution providing for the impeachment of Andrew Johnson, President of the United States. Hesolved, That Andrew Johnson, President of the United States, be iinpeached of high crimes and misdemeanors in office. February 24 — This resolution was adopted — yeas 128, nays 47, as follow : Yeas — Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James VI. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Beatty, Benton, Bingham, Blaine, blair, Boutwell, Broinwell, Broomall, Buckland, Butlor, Cake, Ohnrchill, Reader W. Clarke, Sidney Ciaike, Cobb, Cohurn, Cook, Cor- nell, Covode, Cnllom, Dawes, Dodge, Driggs, ]i!ukIey,Eggles- ton, Eliot, Farnsworth, Fcrriss, Ferry, Fields, Gravely, Gris- wold, Ilalsey, Ilai ding, Higby. Hill, Hooper, Hopkins, Asahel W. Hubbard, Chester D. Hnbbard, Ilulbnrd, Hunter, Inger- enll, Jeiickes, Jndd, Julian, Kelley, Kelsey, Ketcham, Kitchen, Kooiitz, Laflin, George V. Lawrence, William Law- rence, Lincoln, Loan, Logan, Loughridge, Lynch, Maliory, Marvin, McCarthy, WcClui g, Mercur, Miller, Moure, Moor- liead, Moircll. Mullins, Myers, Newcomb Nunn, O'Neill, Orth, I'nitre, Perham, Peters, Pike, Pile, Plants, Poland, Polsley, Price, Buum, Robertson, Sawyer, Schenck, Soofleld, Selye, Shanks, Smith, Spalding, Starkweather, Aaron V. Stevens, Thaddeus Stevens, Stokes, Taffe, Taylor, Thomas, Trowbridge, Twichell, Upson, Van Aernam, Burt Tan Hoin, Van Wyck.Ward, Cadwalader C. Washburn, Ellihn Il.Wiiah- liurne, William B. Wa»hburn, VFelker, Thonuis Williajiis, ■Tames F. Wilson, Jolin T. Wilson, Steplion F. Wilson, Win- dom, Woodbridgo, Mr. Speaker Colfax— 128. Nats— Me«rs. Adams, Archer, Axtell, Barnes, Banmm, Bech, Sor/er, Brooks, Burr, (hry, Chanler, Eldridge, Ibx, eetz, GUasbrmrm; GoUadceg, Grover, HaigM, notmcm, HntOl- kiss, Kichard D. Bubhard, Bvmphrey, Johnson, Jones, Kerr, KnoU, Marshall, McCormick, NcCUUouffh, Morgan, Morrissey, Mwngm, Milack, McliolsOn, Phelps, Fruyn, Randall, Ross, Sitgreaves, Stewart, Stone, Tdber, Lawrence S. Trimble, Van Auken, Van Trump, Wood, Woodward — 47. Not VoTlNG—Messrs. Benjamin, Dixon, Donnelly, 'Ela, Finney, Garfield, Hawkins, Maynard, Pomoroy, BoUntOn, iShellabarger, .John Trimble, Robert T. Van Horn, HeDly D. Washburn, William Williams — 15. Same day — On motion of Mr. Thaddeus Stevens, the appointment of a committee of two to notify the Senate, and of a committee of seven to prepare and report Articles of Impeach- ment against Andrew .Johnson, President of the United States, was ordered, with power to send for persons, papers, and records, and to take testimony under oath. Which was agreed to — yeas 124, nays 42 The Speaker appointed Messrs. Thaddeus Stevens and John A. Bingham on the former, and Messrs. Boutwell, Thaddeus Stevens, Bine- ham, James F.Wilson, Logan, Julian, and Ward, on the latter. February 25 — Mr. Thaddeus Stevens and. Mr. John A. Bingham appeared at the bar of the Senate and delivered the following message : Mr. Pkesident: By order of the House of Representatives, we appear at the bar of the Senate, and in the, name of the House of Rep- resentatives, and of all the people of the United States, we do impeach Andrew Johnson, Presi- dent of the United States, of high crimes, and misdemeanors in office ; and we do further in- form the Senate that the House of Representa- tives will in due time exhibit particular articles of impeachment against him, and make good the same; and in their name we do demand that the Senate take order for the appearance of the said Andrew Johnson to answer to said impeachment. The President of the Senate pro tempore re- plied that the Senate would take order in the premises, and the committee withdrew. Same day — The committee reported to the House the response received at the bar of thS Senate. Articles of Impeacliment and Totes thereon, the Answer of President Johnson, the Bepli- oation of the House, the Frogres's of the Trial, and the Judgment of the Senate. Fobtieth Conqeess, Second Session, In the House of Repeesentatives U. SI, March 2, 1868. ' Articles exhibited by the Souse of MepresentativM of the United States, in the name of tlfemsehes and all the people of the United States, against Andrew Johnson, President of the United States, in maintenance and support of their im- peachment against him for high crimes and misdemeanors in office. Aetioi.e I. — That the said Andrew Johnson, President of the United States, on the 21st day of Februarjf, in the year of our Lord 1868, at Waahr ington, in the District of Columbia, unmindful of the high duties of his office, of his oath of office, and of the requirenenta of the Constitu- tion that he should take nare that the laws be faithfully executed, did «nlawfallv, and in vio- lation of the Constitutiv">n aud iawe of the United THE ARTICLES OP IMPEACHMENT, ETC. 267 States, issue an order in writing for the removal of Edwin M. Stanton from the office of Secretary for the Department of War, said Edwin M. Stanton having been theretofore duly appointed and commissioned, by and with the advice and consent of the Senate of the United States, as _6uch Secretary, and said Andrew Johnson, "Piresident of the United States, on the 12th day of August, in the jrear of our Lord 1867, and during the recess of said Senate, having suspended by his order Edwin M. Stanton from said office, and within twenty dajrs after the first day of the next meeting of said Senate, that is to say, on the 12th day of December, in the year last afore- said, having reported to said Senate such sus- pension with the evidence and reasons for his action in the case and the name of the person designated to perform the duties of such office temporarily until the next meeting of the Senate, and said Senate thereafterwards on the 13th day of 'January, in the year of our Lord 1868, having duly considered the evidence and reasons re- ported by said Andrew Johnson for said suspen- sion, and having refused to concur in said suspen- sion, whereby and by force of the provisions of an act entitled " An act regulating the tenure of certain civil offices," passed March 2, 1867, said Edwin M. Stanton did forthwith resume the func- tions of his office, whereof the said Andrew Johnson had then and there due notice, and said Edwin M. Stanton, by reason of the premises, on said 21st day of February, being lawfully en titled to hold siid office of Secretary for the Depart- ment of War, which said order for the removal of said Edwin M. Stanton is in substance as follows, that is to say : EXEODTIVH MANBIOS, Wabhihotoh, D. C, Fkbruarj/ 21, 1868. Sis: By vlrtae of the^power and authority vested in me &B President by the Constitution and Imws of the United States yon are hereby removed from ofiice as Secretary for .the Department of War, and your functions as such will terminate upon receipt of this communication. Tou will ti-ansfer to Brevet Majjor General Lorenzo Thomas, Adjutant General of the Army, who has this day 'Iwen.authorized and empowered to act as Secretary of War ''ffd. inierim^ all records, books, papers, and other public property now in your custody and charge. / Respectfully, yours, Andrew Johnbok. To the Hon. Edwin M. Stahtos, WasMngton, D. O. Which order was unlawfully lissued with intent then and there to violate the act entitled " An act regulating the tenure of certain civil offices," passed March 2, 1867, and with the further intent, contrary to the proyisionsof said act, in violation thereof, and contrary to the provisions of the Con- stitution of the United States, and without the advice and consent of the Senate of the United States, the said Senate then and there being in s'ession, to remove said Edwin M. Stanton from the office of 'Secretary for the Department of W^r, the said Edwin M. Stanton being then and there Secretary for the Department of War, and being then and there in the due and lawful exe- cution and discharge of the duties of said office, '.Whereby said Andrew .Johnson , President of the ■United States, did then sind there commit, and was guilty of a high misdemeanor in office. Aeti'olb II. — ^That on the said 21st day of ■February, in the'year of our Lord one thousand eight hundred and sixty-eight, at Washington, ih the District of Columbia, said Andrew John- ,6on, President of the United States, unmindful oi the high dhties of his office, of his oath of office, and in violation of the Constitution of the United States, and contrary to the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, eighteen hundred and sixty-seven, without the advice and consent of the Senate of the United States, said Senate then and there being in session, and without authority of law, did, with intent to violate the Constitution of the United States, and the act aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority in sub- stance as follows, that is to say : ExEctuvE Mansion, Washinoton, D. 0., Fibruaiy 21, 1868. Sir ; The Hon. Edwin M. Stanton having been this da> removed from oflBce as Secretary for theDepartment of War, you are hereby authorized and empowered to act fts Secre- tary of War ad inUrim, and will immedintcly enter upon the discharge of tlie duties perliiiniiif; to that oiBce. Mr. Stanton has been instructed to transfer to you all the records, books, papers, and otlier public property now in his custody and charge. -Kespectfully, yours, Andrew Johnson. To Brevet Major General Lorbmzo Tqou.^b, Adjutant General TT. S. Army, Washington, D. C. Then and there being no vacancy in said office of Secretary for the Department of War, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office. Abtiolb in. — That said Andrew Johnson, President lof the United States, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did commit and was guilty of a high misdemeanor in office, in this, that, without authority of law, while the Senate of the United States was then and there in session, he did appoint one Lorenzo Thomas to be Secretary for the Department of War ad interim, without the advice and consent of the Senate, and with intent to violate the Constitution of the United States, no vacancy having happened in said office of Secretary for the Department of War during the recess jf the Senate, and no vacancy existing iit said office at the time, and which said appointment, so made by said Andrew Johnson, of said Lorenzo Thomas, is in substance as follows, that ia to say : Executive Mansion, Washington, D. C, Febrmxry 21, 1868. Sir: The Hon. Edwin M. Stanton having been this day removed from ofBceas Secretaryfortho Departroentof War, you are hereby autliorized and empowered to act as Secre- tary of War ad interim, and will imm.idiately enter upon the discharge of the duties pertaining to that office. Mr. Stanton has been instructed to ti-ansfer to you all the records, books, papers, and other public property now in his custody and charge. Respectfully, yours, Andrew Johnson. To Brevet Major Gen. LoRiNzo Thomas, Ai^vtant General XT. S. Army, WoMngton, D. C. Aeticle IV. — That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his onth of office, in violation of the Constitution and laws of the United States, on the 21st day of Feb- ruary, in the year of our Lord 1868, at Wa.«h- ington, in the District of Columbia, did unlaw- fully conspire with one Lorenzo Thomas, and with other persons to the House of Represent- atives unknown, with intent, by intimidation and threats, unlawfully to hinder and prevent Edwin M. Stantoti, then and there theSecrc-tary for the Department of War, duly appointed under the laws of the United 'States, from holding said office of Secretary for the Deoart 268 POLITICAL MANUAL. ment of War, contrary to and in violation of tte Constitution of the United States, and of the provisions of an act entitled " An act to define and punish certain conspiracies," approved July 31, 1861, whereby said Andrew Johnson, President of the United States, did then and there commit and was giiiMjr of a high crinie in office. •Aeticlb V. -7 That said Andrew J6hnson, President of the United States, unmindful of the righ dtities of his officfe and of'his oath df office, on the 21st dajof February, in the year of our Lord 1868, and on divers other days and times in said year, before the 2d day of March, in the year of our Lord 1868, at Washington, in the IJistrict of Colunit'ia, did nnlawfully donspire with one Lorenzo Thomas, and with other per- sons to the House of Representatives unknown, to prevent and hindei- the execution of an act entitled "An act 'regulating the tenure of cer- tain civil offices," passed March 2, 1867, and in pursuance of said conspiracy did unlawfully atlempt to prevent Edwin M.Stantcfn, then and there being Secretary for the Department of War, duly appointed atnd commissioned under the laws of trie United States, from holding said office, whereby the said Andrew Jolinson, Presi- dent of the United States, did then and there commit and Was guilty of a high ilrisdemeanor in office. Article VI. — That said Andrew Johnson, President df the United States, unmindful of the high duties of his dffice and of his oath of office, on the 21st da^ of iS'ebruary, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, by force to seize, take, and possess the prftperty 6f the United States in the Departnient of War, and then ahd there in the custody and charge of Edwin M. Stanton, Sec- retary for said Department, contrary to the pro- visions of an act entitled " An act to defiiie aiid punish certain conspiracies," approved July 31, 1861, and with intent to violate and disregard an act entitled "An act regulating the tftriure of certain civil offices," JjaSsed March 2, 1867, whereby said Andrew Johnso'n, President of the United States, did then and there commit a high cfrime in offlcfe. Aetiole VII. — That said Andrew Johnson, President of the United States, unmindful 'of the high dutieis of his office and of his oath of office, on the 21st day of Febru'alry, in the yeai^ of our Lord 1868, at Washington, in th« Dis- trict of Columbia, did lintaTiffally conspire with one Lorenzo Thomas, with intent unlawfuliy to seize, take, and possess the property of the United States in the Department of War, in the custody and charge of Edwin M. Stanton, Sec- retary for said Department, with intent to vio- late and disregard the act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, whereby said Andrew Johnson, President of the United Stat^, did then and there commit a high misdemeanor in office. Abtiolb VIII. — That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of liia oath of office, with intent unlawfully to control the disbarse- ments of the moneys appropriated fbr the jiiUi- tary service and foi; the Department' of War, tih the 21st day of February, 'in the year df btir Ldrd 1868, at Washin'gtbn, in the District of Columbia, did unlawfully Etnii contrary to 'th'e provisionsof an act entitled "An act 'regulating tfae'terinre of ceftaih civil diEcesi" passed March 2, 1867, and in viblati'bn of the Constitution of the United 'States, and 'witioiit the advice aild coMent of tlie S'dnatb of the United States, anS while the Senate was then ktifl there in session, ttei'e beidg no vacancy in the offiiie of 'SecretarV 'for the Department of 'War, ahd witli intent to violate ana disregard the act aforesaid, then ^nfl there issue and deliver to'bhe Lorenzo ThdiiiaB a letter of authofiiiy ih writing, in substance as follows, that is to say : iixBCUTiy^ ilANSION, Wasbtootok, D.'Ci., ^iSkftiary 21, BeS. Bib: The Hon. Edwin M. Stiiirtoa bavliig Ijeen this day removed fro(m office as Secretary for the'I)ej}Mrtmentof War, you 'are'hereby antlioi*ized and empowered to 'net as Secre- tary of War ad interim. An& ^ill imtrredilatelyefat'er 'u|jOb the dischfjrge of the d>ntie& (Pertaining to trhxt office. , Mr. StantpQ has been instrncted to transfer to you all the records, booTcs, papers, and other public property now in his custody and cbai-ge. RfcspftCtfully, yours, AiniKBW JOHSSOH. To Brevet Major Gen. Losa;rzo Thomas, , AdjutariA General U. S. Army^ Wdsliinglxm^ 2). C 'W'h^reby said Andrew Johnson, President df the United States, did then and there commit and was guilty of ahigl^ misdemeanor in office. , Aetiole IX. — That said Andrew Johnson, President of the United States, on the 22d day of February, in the year of our Lord 1868, at Wash- ington, in'the District of polumtia, in disre^ardof the Cotisti tution arid the laws of theXJnited States duly enacted, ascomm^nde'r-'in-chiefof the'army of the United States, did brias before himself then and there Wflliam H. EnSory, a maj^or §enera'l by brevet in tiie army of the United tates, actually in command of the department of Washington and the milrtary forces thereof, aiid did then and there, as such commander-in- , chief, declare to and instruct said Emory thai part of a law of the United States, passed MariSi 2. 1867, entitled " An act making appro'pna- tions for the support of the army for the year endine June 30, 1868, and for .other pur- poses, especially the secotid section thereof, which provided, among other things, that, " all orders and instructions relating to mili- tary operations issued by the President or Secretary of War shall be issued through tha General of the army, and, in case of his inabilitjt through the next in rank" was unconstitutional and in contravention of the commission of flai(| Emory, and which said provision of lay had been theretofore duly and legally pvomulaateji. by General Order for the government and dire?? tion of the army of the United States, as the said Andrew Johnson then and there well knew, with intent thereby to induce said Emory in his official capacity as commander of, the depart- ment of Washington, to violate the provisions of said act, and to take and receive, act upon, and , obey such orders as he, the said Andrew John-: son, might make and give, andwhicli should not be issued through the General of the army of th?. United States, according to the provisions of saia' act; and with thefurther intent thereby to enable, him, the said Andrew Johnson, to prevent Ihs THE ARTICLES Of IMPEACHMENT, ETC. 269 exeontion of the act entitled "An act regulating the tenure of certain civil offices,"' passed' March 2, 1867, and to unlawfully prevent Edwin M. ^tanton, then being Secretary for the Depart- irient of War, from holding said office and dis- charging the duties thereof, whereby said An- drew Johnson, President, of the United States, did then and there commit and was guilty of a high misdemeanor in office. And' the House of Representatives, by pro- testation, saving to themselves the liberty of exhibiting at any time hereafter any further arti- cles or other accusation, or impeachment against the said Andrew Johnson, Presidentof the TJniied States, and also, of replying to his answers' which he, shall make: unto tne articles herein preferred against him, and of offering proof to the same, and every part thereof, and to all and every other article, accusation, or impeachment which B^all be exhibited by ihem, as the case shall re- quireiDO demand that the said Andrew Johnson may be put to answer the high crimes and mis- dMaeanors in office, herein charged against him, and that such proceedings, examinations; trials, andi judgments may be thereupon had and given as may be agreeable to law and justice. SCHUYLER COIjFAX,- Speaher of the Mouse of Bepresentatives. Attest : Edwaed McPheeson, Clerh of the Mouse of Bepresentatives. Its the Hotjsb. of EBPEESBirTATiVEg U. S. 'March 3, 186,8. The following additional artiGle,s of impeach- ment were agreed to, viz : Aeticle X. — That said Andres^ Jo,hnson, President of the tfnited States,, unmindful of the high duties of hia office and the dignity and proprieties thereof, and of the harmony and courtesies which ought to exist and be main- tained between the executive aijd legislative •branches of the government of the United States, designing and intending to set aside the rightful authority and powers of Congress,, did a.ttempt to bring into disgrace, ridicule, hatred, con-, t^mpt and reproacn' the Congress of the United States, and the several branches thereof, tp iijif pair and destroy the regard and respect of all, the good people of thp United States, for the Congress and legislative power thereof, (which all officers of the Government ought inviolably to; preserve and maintain,) and to excite the odkni and resentment of allthfi good people of the United States against Congress and the laws by it diily and constitutionally. enacted; and in pilrsuance of his said design and intent, openly and publicly, and before divef.?, assemblages of the citizens of the United Staples convened in divers parts thereof to meet and receive said Andrew Johnson as the- Chief Magistrate of the United States, did,, on the iS'th day of August, in. the. yean of our, Lord 1866,- and, on divers other 'days and .timea,. as, v^ejl befDr9,.aai aftei- w?[|rd,,make and, deliver with, a l.oud,, voice cer- tajfl," in temperate, inflammatory, and scandalous haifanguea, and did' therein utter loud threats, arid bitter menaces as well against Congress as the laws of the United States duly enacted thereby, amid the cries, jeers and laughter o^ the multitudes then assembled aijdin hearing, which are set forth in the several s.pecificationi hereinafter written, in. substance and' effect, that is to say : RpEoiFiCATiON PiES'r. — In this, that at Wash- ington, in the District of Columbia, in the Ex- ecutive Mansion, to a committee of citizens who called, upon the President. of the United Statesj, speaking of and concerning the Congress of the United' States, said Andrew Johnson, President of the United States, heretofore, to wit, on the; lath day of August, in- the year of our Lord 1866, did, in a loud voice, declare in substance and effect, among oth?,^ things, that is to say : "So far aa the executive department of the government ia Goncecned; the. effort .btia been made to redtbre the Uniou, to. .lieuL the breach, to.pouroiMnto. the wounds, which were consequent, upon the eti'uggle, am) (to speak iti common phriiBc)ito prepare as the learned and wine pbysician would, a; plaster healiuff iu. character . and coextensive with the wound.! We thouglit,and we thiok, that we hnd partially succeeded; but as tbe, work prQgres9e.<», as recoustructioa seemed to be taking place, and^ the.couutl^ was becoming reunited, wo foundadi.Bturblnp;al)d marring element oppos- ing us. In alluding, to that elemefllt, £ shall ^0 no lurther than, your couventiun.and the distiu^uSahed gentleman who has delivered to me the report of its proceedings. 1 sball make no reference, to it>that 1 do not believe t^e time and the occasioji justify. " We have witnessed in one department of the Govern- ment every endeavor to prevent the rostoration uf peacCi harmony,, and Union.. We have aeen hanging upon the verge of the, Government, as it were, a bodjjFcnIled, or which aSEiiunes to bo, the Congress xtf the Unitl-ct States, while in fact it is a Congrasa of only a part of the States. Wo have seen thia Congress pretend to be for the Union, when its every 8te,piaud act .tended to peripetuato disunion and make,, a disruption of thu, States inevitable. * * * We have ' seen,CpIigre8B gradual.ly encroach step by step upon consti- tutional -rights, and violate, day after day and month aftei' man.th,. fundamental principles of the govurnnient. Wx3 have: aeen a Congress, that seemed to forget that there wae a limit to the sphere and scope, of legislation. We have SQcu a, Congress, in. a minority a^aume to exercise poweT' whieh, allowed to be consummated, wonld^result in despot ispi.op monarchy itself." Specii'ication Seoohd.— Inthis,,thfltatCIeva- land, in the. State of Ohio,, heretofore, to wit,, on the 3d day of September, in tlie year of our Lord'. 1866, before a pil,blio assemblage of citizens, and others,, said. A,adi;ew Johnson, President, of the United States,, speaking of and concerning the. Congress of th,e Uijited States, did,, in a JLoud voice, declare, in subBtance. and. effect, among other things, that is to. say-: " I will, tell you what J diii do. X called, upon your Con- gress, that is tryi,ng to break up, the, government.. * * * "In conclusion, beside that, Congress., hacl taken much pains to poiso^ their, constituents agaji^at him. But what had .Congress dqne? Ht\,ve,. tlfey dj^i^e, any thing to restore tbe union' of these t tatoa,?, N,o.;, on the contrary, they had. done everything, to prevent it; an'd becH.uso he stood now whei^e ho did wben .flje rebitllipu, commenced, be had beefl deni'iunced as a iraitor. Who had jup greater riska or made^ greater sa(^-i,fice8thiU|,bi!nsplf',? ^ut,pongrea8,,,factiouaapd ao'miheeriug, liila undertalceu to pojaon the minds of the Ai^eric'an people." SEEOlPiCAiiOHi Thibd.^Id this,, that at Sfc. Louis, in. the. State of Missouri, heretofore, tp wit, oin the 8th- day of September, in the year of of our Lord 1866, befqj-e a .puj3]io,,asssmblage of citizens and others, said Ap(J,r,eWi Johnson, Pres^ ident; of the Unitied Siaitfls,. spe,ak,ing of and concerning the Congress, of tlie Uni,ted.'S.tates,i did, in a l&Ud' voice, declare, in. snbs,tanoe and" effect, among_ other things,-, that -is to saiy: "Go on. Perhaps if you had a word cr two on the Bubr ject of, New Orleatts yon might underotand more aboiit it than .vou do,,. And if yon will go back— if you will go back and as'^evtain the causQ of , the riot at New Orleans pert- haps you will not be sbpromptincallingput ' New Orleans** If you will take up the riot at New Orleiina, and trace it back 270 POLITICAL MANUAL. to its source or its immediate cause, you will find ont who woa responsible for the blood that was shed there. If you will take up the riot at New Orleans and trace it back to the radiciil Congress, you will find that the riot at New Orleans wtis substantially planned. If you will take up the proceed- ings in their caucuses you will understand that they there knew that a conTention was to be called which was extinct by its power having expired ; that it was said that the in- tention was that a new goyernment was to be organized, and ou the organization of that government the intention was to enfranchise one portion of the population, called the colored population, who had just been emancipated, and at the same time disfranchise white men. When yon design to talk about New Orleans, you ought to understand what you are talking about. When you read the speeches that 'vere made, and take up the facts on the Friday and Satur- day before that convention sat, you will there find that speeches were made incendiary in their character, exciting that portion of the population, the black population, to arm themselves and prepare for the shedding of blood. You will also find that that convention did assemble in violation of law, and the intention of that convention was to supersede the reorganized authorities in the State government of Louisiana, which had been recognized by the Government of the United States ; and every man engaged in that rebellion in that convention, with the intention of superseding and upturn- ing the civil government which had been recognized by the Government of the United States, I say thAt he was a traitor to the Constitution of the United States, and hence you find that another rebellioa was commenced, haviTig its tyrigin in the radical Ckmgress. ***** " So much for the New Orleans riot. And there was the cause and the origin of the blood that was shed ; and every drop of blood that was shed is upon their skirts, and they are responsible for it. I could test this thing a little closer, but will not do it here to-night. But when you talk about the causes and consequences that resulted from proceedings of that kind, perhaps, as 1 have been introduced here, and you have provoked questions of this kind, though it does not pro- voke me, I will tell yon a few wholesome things that have been done by this radical Congress in connection with New Orleans and the extension of the elective franchise. "I know that I have been traduced and abused. I kno^ it has come in advance of me here as elsewhere — that I have attempted to exercise an arbitrary power in resisting laws that were intended to be forced upon the Government; that I had exercised that power ; that X had abandoned the party that elected me, and that 1 was a traitor, because 1 exercised the veto power in attempting, and did arrest for a time, a bill that was called a * Freedman's Bureau' bill ; yes, that I was a traitor. And 1 have been traduced, I have been slan- dered, I have been maligned, I have been called Judas Is- cariot, and all that. Now, my countrymen, here to-night, it is very easy to indulge in epithets; it is easy to call a man Jndas and cry out traitor, but when he is called upon to give arguments and facts, he is very often found wanting. Judas Iscariot — Judas. There was a Judas, and he was one of the twelve apostles. Oh I yes, the twelve apostles had a Christ. The twelve apostles had a Christ, and he never could have had a Jndas unless he had had twelve apostles. If I have played the Judas, who has been my Christ that I have played the Judas with ? Was it Thad. Stevens? Was it Wendell Phillips; Was it Charles Sumner ? These are the men that stop and compare themselves with the Saviour; and everybody that diifers with them. in opinion, and to try to stay and arrest their diabolical and nefarious policy, is to be deiiounred as a Judas. * * * * "Well, let me say to you, if you will stand by me in this action, if you will stand by me in trying to give the people a fair chance — soldiers and citizens — to participate in these offices, God being willing, I will kick them out. I will kick them out just as fast as I can. *' Lot me say to you, in concluding, that what X have said I intended to say. I was not provoked into this, and I care not for their menaces, the taunts, and the jeers. I care not for threats. I do not intend to be bullied by my enemies nor overawed by my friends. But, God willing, with your help, I will veto their measures whenever any of them come to me." Which said utterances, declarations, threats, s-nd harangues, highly censurable in any, are peculiarly indecent and unbecoming in the Chief Magistrate of the United States, by means whereof said Andrew Johnson has brought' the high office of the President of the United States inio contempt, ridicule, and disgrace, to the great scandal of all good citizens, whereby said An- drew Johnson, Tresident of the United States, did commit, and was then and there guilt-" of a high misdemeanor in office. Abtiole XI. — That said Andrew Johnson, President of the United States, unmindful of the high duties of his office, and of his oath of o'^ce, and in disregard of the Constitution and laws of the United States, did, heretofore, to wit, on tlife 18th day of August, A. D. 1366, at the city of Washington, and the District of Columbia, by public speech, declare and affirm, in substance, that the Thirty-Ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legis- lative power under the same, but, on the contrary, wa^a Congress of only part of the States, there- by denying, and intending to deny, that the legislation of said Congress was valid or obliga- tory upon him, the said Andrew Johnson, except m so far as he saw fit to approve the same, and also thereby denying, and intending to deny, the power of the said Thirty Ninth Congress to propose amendments to the Constitution of tbe United States ; and, in pursuance of said declara- tion, the said Andrew Johnson, President of the United States, afterwards, to wit, on the Slstday of February, A. D. 1868, at the cit;^ of Washing- ton, in the District of Columbia, did, unlawfully, and in disregard of the requirement of the Con - stitution, that he should take care that the laws be faithfully executed, attempt to prevent the execution of an act entitled " An act regulating the tenure of certain civil offices," passed March 2, 1867, by unlawfully devising and contriving, and attempting to devise and contrive means by which he should prevent Edwin M. Stanton from forthwith resumingthe functions of the office of Secretary for the Department of War, notwith- standing the refusal of the Senate to concur in the suspension theretofore made by said Andrfiw Johnson of said Edwin M. Stanton from said office of Secretary for the Department of War ;' and, also, by further unlawfully devising and contriving, and attempting to devise and con- trive, means, then and there, to prevent the execution of an act entitled "An act making appropriations for the support of the army for the fiscal year ending June 30, 1868, and for other purposes," approved March 2, 1867 ; and, also, to prevent the execution of an act entitled "An act to provide for the more efficient govern- ment of the rebel States," passed March 2, 186'7, whereby the said Andrew Johnson, President of the Unitr-d States, did then, to wit, on the 2l3t day of February, A. D. 1868, at the city of Washington, commit, and was guilty of, anigb misdemeanor in office. SCHUYLER COLFAX, Speaker of the Souse of Sepresentatiwr. Attest ; Edwabd McPherscin, Clerk of the Souse of Eepresentativei. Totes on the Articles in the House, 1868, March 2— -The first article was agreed , to— yeas 127, nays 42, as follow : TiAB— Messrs. Allison, Ames, Anderson, Arnell, Beloa E Ashley, James M. Ashley, Bailey, Baldwin, Banks, Bcamnn Beaity, Benton, Bineham, Blaine, Blair, Boutwell, Bromwell' Broomall, Bnoklnnd, Butler, Cake, Churchill, Koader W;; Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode Cnllom, Dawes, Dixon, Dodge, Donnelly, Driggs, Egglestnn Kliot, Parnsworth, Ferries, Ferry, Fields, GarideW, Gravely, Griswold, Halsey, Harding. Higby, I, ill, Hooper, Unnkius, CD. Hubbard, Hulburd. Hunter. Ingo rsoU. Jevick n-i, Jndd, THE ARTICLES OP IMPEACHMENT, ETC. 271 Tullan, Kolley, Kolsoy, Ketcham, Kitchen, Koontz, laflin, Beo.V. Lawretaoe, William Lawrence, Lincoln, Lojin, Logan, liOUgUridge, Lynch, Mallory, Marvin, Mnyrani. McCarthy, McUlurg, Mercur, Miller, Moore, Morrell, Mullina, Myers, Newcomb, Nunn, O'Neill, Orth, Paine, Perliam, Petera, Pike, Plants, Poland, Polsley, Pomeroy, Price, Raum, Robertson, Sawyer, Sclieiick, Soofleld, Sliimks, Smith, Spalding, Stark- weather, Thnddeiis Stevens, Stokes, Taffe, Taylor, Ihomaa, Iriuiklo, Tiowbridpe, Twichell, Upson, Van Aernnm, Burt Van Horn, liobert T. Van Horn, Van Wyck, Ward, Cadwal- sder C. Wnslibnrn, Ellibu B.Waihburne, William B. Wash- burn, Welkor, Thomas Williams, Jiuiies F. Wilson, John T. Wilson, Sffphen F. Wilson, Windom, Woodbridge — 127. N\T8— Messrs. Adams^ ArcJtta\ .AxWl, Bamum^ Beck^ B(^er^ BrnaleSy Burr^ Cary^ Chanler^ Ektridge, Fox, Getz, Qlossbrenner, Golladay, Grover, JECaiffJit, Rolman, Soichlda, Httinp/irey, Johnson, Jones, Kerr, Knott, MarnitoU, McCor- r/ijc/fi Morffoh, Mu^gen, Nibltclc, Nchols'ni, Pruyn, Randall, itoss, Sitgreaves, Stewart, SIoiip, Taber, Trimble, Van Aulcen, Van Trump, Wood, Woodward— i'2 Not Voting —Messrs. Baker, Barnes, Benjamin, Eckley, EU, Vinney, Hawkins, Asahel W. Hubbard, Uichard D. Svb- tmrd, McCallMgh, Hoorhm}, Morrissey, Phdps, Pile, iZo'i- insun, Selye, Sliellubarixur, Aaron P. Stevens, Henry I). Wash- burn, William Williams — 20. Tlie second article was agreed to — ^yeas 124, nays 41, not voting 24. The third article was agreed to — ^yeas 124, nay? 41, not voting 24. The fourth article was agreed to — yeas 117, n&ys 40, not voting 32. Tlie fifth article was agreed to — ^yeaa 127, oays 42, not voting 20. The sixth article was agreed to — yeas 127, nays 42, not voting 20. The seventh article was agreed to — yeas 127, nays 42, not voting 20. The eighth article was agreed to — ^yeas 127, nays 42, not voting 20. The ninth article was agreed to — ^yeas 108, nays 41, not voting 40. The tenth article was agreed to — ^yeas 88, nays 44, not voting 57. The eleventh article was agreed to — yeas 109, nays 32, not voting 48. ■ 'Messrs. John A. Bingham, George S. Boutwell, iames F. Wilson, Benjamin F. Butler, Thomas Williams, John A. Logan, and Thaddeus Stevens were elected managers to conduct the impeach- ment. March 4 — The articles were read to the Senate by the Managers. March 5 — Chief Justice Chase took the chair, Associate Justice Nelson having administered the following oath : " I do solemnly swear that in all things appertaining to the trial of the impeachment of Andrew Johnson, President of the United States, 1 will do impartial justice according to the Constitution and laws : So help me God." March 5 and 6 — The Chief Justice adminis- tered the same oath to the various Senators. On the 6ih, an order was adopted, directing a sum- mons on Andrew Johnson to file answer to the articles, returnable on the 13th instant. March 13 — The President's counsel entered this appearance : In the matter of the impeachment of Andrew Johnson, President of the United States, Mr. Chief Justice; I, Andrew Johnson, Presi- dent of the United States, having been served with a summon to appear before this honorable court, sitting as a court of impeachment, to answer certain articles of impeachment found and presented against me by tlie honorable the House of Representatives of the United States, do hereby enter my appearance by my counsel, Henry Stanbery, Benjamin E. Curtis, Jeremiah S. Black,* William M. Evarts, and Thomas A. R. Nelson, who have my warrant and authority therefor, and who are instructed by me to ask ol this honorable court for a reasonable time for the preparation of my answer to said articles. After a careful examination of the articles of impeachment, and consultation with my counsel, I am satisfied that at least forty days will be necessary for the preparation of my answer, and I respectfully ask thatit be allowed, AlTDEEW JOHKSOH. The counsel also read a "professional state- ment " in support of the request. The Senate retired for consultation, and, after some time, adopted, vrithouta division, an order that the respondent file answer on or before the 23d inst. An order was also adopted — yeas 40, nays 10 — that unless otherwise ordered by the Senate for cause shown, the trial shall proceed immediately after replication shall be filed. AN "ILLEGAL AND UNOONSTITUTIOIfAL COUET." March 23 — Mr. Davis, a m'fember of the Senate and of the Court of Impeachment, from the State of Kentucky, moved the court to make this order : ' The Constitution having vested the Senate with the sole power to try the articles of impeach- ment of the President of the United States pre- ferred by the House of Representatives, and having also declared that " the Senate of the United States shall be composed of two Senators from each State, chosen by the legislatures there- of," and the States of Virginia, .North Carolina, South Carolina, Georgia, Alabama, Mississippi, Arkansas, Louisiana, and Texas having, each by its legislature, chosen two S-nators, who have been and continue to be excluded by the Senate . from their seats respectively, without any judg- ment' by the Senate against them personally and individually on the points of their elections, re- turns, and qualifications, it is I Ordered, That a Court of Impeachment for the trial of the President cannot be legally and con- stitutionally formed while the Senators from the States aforesaid are thus excluded from the Senate ; and this case is continued until the Senators from these States are permitted to take their seats in the Senate, subject to all constitu- tional exceptions to their elections, returns, and qualifications severally. Which was rejected — ^yeas 2, nays 49, as fol- low: Yeas — Messrs. Davis, McOreerj/ — 2. Nats — Messrs. Anthony, BuckaT^w, Cameron, Cattell, Chandler, Cole, Conkling, Conness, C'orbett, Oragin, Dixon, DooUttle, Drake, Edmunds, Ferry, FessendoD, Fowler, Fre- linghuysen. Grimes, Harlan, Henderson, Hmdriclcs, How- ard, Howe, Johnson, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Norton, Nye, Patterson of New Hamp- shire, PatUrson of Tennessee, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Tickers, Willey, Wiliiama, Wilson, Yates— 49. Not Vonno — Messrs. Bayard, SauUbury, Wade— 3. Answer of President Johnson. Mr. Curtis then proceeded to read the Answer to the close of that portion relative to the first article of impeachment. * Mr. Black did not appear in the trial. March 23, Hon. William S. Groesbeck of Ohio appeared in his sttad. 272 POLITICAL MANUAL. Mr. Stanbeiy resd tltat portion of tte answer beginning witn the reply to the second article to the close of the response to. the ninth article. Mr. Evarts read the residue of the answer. Senate of the United States, siitinff as a Court of Impeaehment for the triai of Andrew Johnson, President of the United Stales. The answer of the said Andi-ew Johnson, President of the United. States, to the articles of impeachment ex,hibited against him by the Honse of Representatives of the United States. AFSWEE TO AETICLE I. For answer to the first article he says : That Edwin M. Stanton was appointed Secretary for the Department of War on the 15th day of Jan- nary, A. D. 1862, by Abraham Lincoln, then President of the United States, during the first term of his presidency, and was commissioned, according to the Constitution and laws of the United States, to hold the said office during the pleasure of the President; that the office of Sec- retary for the Department of War was orfeated by an act of the first Congress in its first session, passed on the 7th day of August, A. D. 1789, and m and by that act it was provided and enacted, that the said Secretary for the Department of War shall perform an3 execute such duties as shall from time to time be enjoined on and in- trusted to him by the President of the United States, agreeably to the Constitution, relative to the subjects within the scope of said department; and, furthermore, that tiie said Secretary shall conduct the business of the said Department in such a manner as the President of the United States shall from time to time order and in- struct. And this respondent, further answering, says that by force of the act aforesaid and by reason of his appointment aforesaid the said Stanton became the principal .officer in one of the execu- tive departments of the Government within the ti'ue intent and meaning of the second section of the second article of the Con.stitution of the United States, and according to the true intent and meaning of that provision of the Constitu- tion of the United 'States; and.lin accordance with the settled and uniform practice of each and every President of the United States, the said Stanton then became, and so long as he should continue to hold the said office ol' Secre- tary for the Department of War must continue to he, one of the advisers of .the President of the United States, as well as the person intrusted to act for and represent the President in matters enjoined upon him or intrusted to him by the President touching the department afor-esaid, and for whose conduct in sueh. capacity, subordinate to the President, the President is by the Goneti^ tntion and laws of the .Uiljted States, raadB re^ sponsible. And this i-espondeiit,' farther ani»w«iing, savs he succeeded to the office of President of the United States npen, asd by- reason, of,.'!;he death of Abraham Lincoln, then President., of the United States, o'u the I5th day of April', 1865, and the said Stanton was then holding the s^id office of Secretary for th6 Department of War under and by reason of' the anpointment . and commission afor.esaid; and nQt.naving been re- moved from the said office by this resiptnde'at; the said Stanton continued to hold the same nnder the appointment- and commission afore-- said, at the pleasure of the President, until the time hereinafter particularly mentioned ; and at no time received any appointment or commission save as above detailed. And this respondent, further answering, say^ that on and prior to the 5th day of Augu.st, A. D. 1867, this respondent, the President of (he United States, responsible for the conduct of the Secretary for the Department of War, and having the constitutional right to resort to and rely upon the person holding that office for adviie concerning the great and difficult public duties enjoined on the President by the Constitution and laws of the United States, became satisfied that he could not allow the said Stanton to con- tinue to hold the office of Secretary for the Ties- partment of War without hazard of the public interest; that the relations between the said Stanton and the President no longer permitted the President to resort to him for advice, or to be, in the jud^ent of the President, safely re- sponsible for his conduct of the affairs of the Department of War, as by law required, in ac- cordance with the orders and instructions of the President; and thereupon, by force of the Con- stitution and laws of the United States, which devolve-on the President the power and the duty to control the conduct of the business of that executive- department of tho government, and by reason of the constitutional duty of the Presi- dent to tak-e care that the laws be faithfully ex- ecuted, this respondent did necessarily consider and did determine, that' the said Stanton ought no longer to hold the said office of Secretary fti* the Department of War. And this re,spona(?nt, by virtue of the power and authority vested in him as President of the United States, by the Constitution and laws of the United States, to give efi'eot to such his decision and determina- tion, did, on the 5th day of August, A. D. 1867, address to the said Stanton a note, of which the following is a true copy; Sifi : Public conaiderations of a high chnracter constraliA me to aaj that your resignation as Secretary of War will be accepted. To which note the said Stanton made the fol: lowing reply : War Depamkbnt, Washingtm, August 5, WSf. Sir: Your note of this day haa heec receiveij; statM^ that *' public considerations of a liigh character coiistrAiil you" to say "that my resignation as Secretary of War will be accepted." ^ - In reply^ I have the honor to say that public considera- tions of a high character, which alone have induced me to continue at the head of this Department, conatrain mb not to resign the office of Secretary of Wi«r before tlia next meeting.of Congress. Very respectftilly, yonrs, EDWiit M. StaotoHji This" respondent, as President of the Utt-twi States,, was thereon of opinion that, having regard to the necessary, official relations .sjpd dntrie* of the Secretary for the Departm«.-it',of Wa,rtq.the President of the- United ,Sbatps,!S>«» cprdins -to the Constitution land lawa of the United States, and hav.iijg,regard to the respoflr sibiUty of the Presidenbiftij the conduct of itUe said. Secretary, and having. regard. to the peroias- nent executive authoritjy of tne office whiohitlift. respondent holsiB under the Oonstitution Mi THE ARTICtES OP IMPEACHMKNT, ETC. 273 laws of the United States, rt was impossible, coasisteatly with the public interests, to allow the said Stanton to continue to hold the said office of Secretary for the Department of War ; and it then became the official duty of the re- spondent, as President of the United States, to consider and decide what act or acts should and might lawfully be done by him, as Presi- dent of the United States, to cause the said Stanton to surrender the said office. This respondent was informed .and verily be- lieved that it was practically settled by the first Congress of the United States, and had been so considered, and, uniformly and in great numbers of instances, acted on by each (Jongress and President of the United States, in succession, from President Washington to, and including. President Lincoln, and from the First Congress to the Tbirty-Ninth Congress, that the Constitu- tion of the United States conferred on the Pres- ident, as part of the executive power and as one of the necessary means and instruments of per- forming the executive duty expressly imposed on him by the Constitution of taking care that the laws be faithfully executed, the power at any ajid all times of removing from office all execu- tive officers for cause to be judged of by the President alone. This respondent had, in pur- suance of the Constitution, required the opinion of each principal officer of the executive depart- meuts uj)on this question of constituti(?nal executive power and duty, and had been advised by each of Ihem, including the said Stanton, Secretary for the Department of War, that tinder the Constitution of the United States this MiWer was lodged by the Constitution in the President of the United States, and that, conse- quently, it could be lawfully exercised by him, and the Congress could not deprive him thereof; and this respondent, in his capacity of President of the United States, and because in that capacity he was both enabled and bound to use his best judgment upon this question, did, in good faith and with an earnest desire to arrive at the truth, come to the conclusion and opinion, and did make the same known to the honorable the Senate of the United States by a message dated on the 2d day of March, 1867, (a true iopy whereof ie hereunto annexed and marked A.,) that the power last mentioned was conferred »nd the duty of exercising it, in fit cases, was imposed on the President by the Constitution of the United States, and that the rresident could not be deprived of this power or relieved of this duty, nor could the same be vested by law in the President and the Senate jointly, either in part ol- whole ; and this has ever since remained and was the opinion of this respondent at the time when he was forced as aforesaid to consider and decide what act or acts should and might lawfully be done by this respondent, as President of the United States,' to cause the said Stanton to surrender the said office. This respondent was alrfo then aware that by the first section of " An act regulaiting the tenure of certain civil offices;" passed- March 2, 1867, by a constitutional ma[}ority of both houses of Con-- gf ess-, it was enacted; as follows:- ,i .^ '^at every person h( Idi'nfj: -any civil office to which h'e ha^-been appointed by. and with the ndvice aud consent o| the Senate, and everr person who shall hereafter be an- 18 pointed to any enoh office, and shall become dniy qualified' to act therein, Is and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qnalifled, except as herein otherwise provided: Froiitded, That the Secretaries of Slate, of the Treasury, of War, of the Navy, and of the Tnterior, the Postmaster Gen- eral and the Attorney Qeneral, shall hold their offices re- spectively for and during the term of the President by whom they may have been appointed, and one month thereafter,' suttject to removal by and with the advice and consent of the Senate, This respondent was also aware that this act was understood and intended-to be an expression of the opinion of the Congress by which that act was passed, that the power to remove execu- tive officers for cause might, by law, be taken from the President and vested in him and the Senate jointly ; and although this respondent had arrived at and still retained the opinion above expressed, and verily believed, as he still believes, that the said first section of the laftC-. mentioned act was and is wholly inoperative and void by reason of its conflict with the Con- stitution of the United States, yet, inasmuch as the same had been enacted By the constitutional majority in each of the two houses of that Con- gress, this respondent considered it to be proper to examine and decide whether the particular case of the said Stanton, on which it was this respondent's duty to act, was within or without the terms of that first section of the act ; or, if within it, whether the President bad not the power, according to the terms of the act, to re- move the said Stanton from the office of Secre- tary for the Department of War, aud liaving, in his capacity -of President of the Unfted States, so examinedand considered, did form the opinion that the case of the said Stanton and his tenure of office were not affected by the first section o( the last-named act. And this respondent, further answering, says, that although a case thus existed which, ia his. judgment as President of the United Slates, called for the exercise of the executive power to remove the said Stanton from the office of Secre- tary for the Department of War, and although this respondent was of opinion, as is above shown, that under the Constitution of the United States the power to removethe said Stanton from, the said loffice was vested in tiie President of the United States; and although this respondent was also of the opinion, as is above shown, that the case of the said Stanton was not affected by the first section of the last named act; and al- though each of the said opinions had been formed by this respondent upon an actual case, requiring him; in his capacity of President. of the United States, to come to.some judgmentand determination thereon, yet this respondent, as Presideiit of the United States, desired and de- termined to avoid, if possible, any question of the construction andeffect of the said first section of the last-named act, and also, the broadep' question of the executive power conferred oa thff President of the Uniteo States, by the Coii Btittition of the United States, to remove one of the principal officers of one of the executive departments for cause seeming to liim suffiicient;. and. this r.e3p.Qndeiit also desired and determiue.i, that,..if from, causes. I over which he could ex^rt no control, itshoald become absolutely necessary, to raise and have, in some Way, , determin!^ either or both of the said last-named q^ugstioos. 274 FOLIIMCAI. If AKUAL. it was in aetordacie with .the CoDstitution of the United States and was required of the President thereby, that questions of so much. gravity and iinportanGe, upon which the legislative and ex- ecutive departments of the Government had dis- agreed, which involved powers considered by all branches of the Goyerajnent, during its^ entire history down to the year 1867, to have been confided by the Constitution of the United States to the President, and to be necessary for the complete and proper execution of his consti- tutional duties, should be in some proper way submitted to that judicial department of the government intrusted by the Constitution with the power, and subjected by it to the duty, not only of determining finallythe construction of and effect of all acts of Congress, but of com- paring them with the Constitution of the United States and' pronouncing them inoperative when found in eonflict with that fnndamental law which the people have enacted for the govern- ment of all tbeii< servants. And to these ends, first, that through the action of the Senate of the United States, the absolute duty of the Pres- ident to substitute some fit person in place of Mr. Stanton as one of his advisers, and a.s a principal subordinate officer whose official conduct hb was responsible for and had lawful right to control, might, if possible, be accomplished 'without the necessity of raising any one of the questions stforeeaid; and, second, if this' duty could not be BO performed, then that these questions, or such of them a,s might necessarily arise, sbbuld be judieially determined in manner aforesaid, and for no other end or purpose this respondent, as President of the United States, on the 12th day of August, 1367, seven days after the reception of the letter of the said Stanton of the 5th .of August, hereinbefore stated, did issue to the said S'tanton the order folIowiTig, namely : EzEcnnvE Mansion, \riLBBIll8ion ; and llhis'reapondetlt'beheves that tliis his laddress i to 'said ■ committee is ' the occasion re- ferred to in the first specification of the tenth article; but thtsrespondent does not admit-that i»he passages therein set forth, as if extracts from ■a-speeoh or address of thiairesponderit upon said ■occasion, correctlfy or jus-tlypfesent his speech or address upon said oeoasir)n,but, on'the contrary, this respondent demandsanii inai^ts that if this honorable court sh'all deem the said article and the said specification thereof to contain allega- tion of matter cognizable by 'this 'hdnorslble court as ahighmisdemeanor in ofBoe, within the -intent and meaning df the Constitution of the '•United States, and shall receive or allo^w proof in -support of the 'same 'thst proof shall be re- quired to bemade of the actual speech and ad- .oress of ithis'respondent on said occasion, which 'this respondent denies tliat said article and speci- .'fication contain or correctly or justly represent. And this respondent, further answering the Henth article and the specifi'cations thereof, says ithat at Cleveland, in the State of Ohio, and on ?the3d day of September, in the year 1866, he was attended 'by a large aissemblage of his fel- -tow-citizens, and in deference and dbedience to ■their call and demand lie addressed them upoh matters of .public and political consideration; and this ^respondent believes that said occasion and address are referred to in the second speci- fication -of -the .tenth 'artidle; but this respond- ent does notadmit that 'the passages therein set tforth, as if extracts from aSpeech of this respond- ent on said occasion, 'Correctly oir justly present 'his speech or address upon said occasion ; but, ■on'the contra/ry, 'this respondent demands and ■insists that if this honorable court shall deem *he said article and the second specification ^thereof to contain allegation of matter oogniz- •aible by this honorable court as a high misde- imeanor in office, withi-n the intent and meaning of the Constitntion of -the United States, and shall Teeeive or allow proof in support of the same, Jthat proof -shall be required to be made of the 'aotuail speech and addYege of this respondent on -•Sai'd oeoasion, which this respondent denies tha/t «aid article and specification containorcotteetly 'm justly represent. And this srefpotad'en't, further a,-nsweri-ng the ttSath article and the speoifieatioBs ■thereof, says that at St. Louis, i-n the State of Missouri, and •en the 8th day of ;Septeti)ber, in the year 1866, !be Was (attended by 'a numeroiis assemblage of his fellow-citizens, and in deference and obe- dience to their call 'and 'demand he 'addressed -them upon matters of public and political oon- iSideration ; -and this respondent believes that Baid occasion and address ai-e referred to -in, the third specification of the tenth article; b^at this respondent does not admit that the passages therein set forth, as if extracts from a speech of this respondetit on said occasion, correctly oi justly present his speech or address upon said occasion ; -but, on the coiltrary, this respondent denJandstand' insists that if this honorable court ehairdeem the said article and the said third specification ■ thereof to cbdtain -allegation of ttiattfer cogniaible by this 'honorable court as a high misdemeanor in office, within -the -intent an'd' meaning of the Constltiition of the United States, and shall receive or allow proof in sup- port of the same, that proof-shall be required to be made of the actual speech and address of this 'respondent on said occasion, which this respond- ent denies that the said article and specification contain or correctly or justly represent. And this respondent, further answering the tenth article, protesting that he has not been unmindful of the high duties of his office, or of the harmony or courtesie% which ought to exist and 'be maintained between the executive and 'legislative branches of the Government of the United States, denies that he has ever intended or designed to set aside the rightful authority or powers of Congress, or attempted to bring into disgrace, ridicule, hatred, contempt, or reproach the Congress of the United States or either branch thereof, or to impair or destro.y the re- gard or respect of all or any of the good people of 'the United States for the Congress or the right- ful legislative power therebf. Or to excite the odium or resentment of all or any of the good people of the United States against Congress and thelaws by it duly and constitutionally enacted. This respondent further says, that at all times he has, in his official acts as President, recog- nized the authority of the several Oongre.'ses 6i the United States as constituted and organized during his administration of the office of Presi- dent of the United States- And this -respondent, further -answering, says that he has, 'from time to time, under his consti- tutional right and duty as President of the United States, communicated to Congress his views and opinions in regard to sudh acts or res- olutions thereof as,-being -submitted to him as President of the United States in pursuance of the Constitution, seemed to this respond--nt to require such communications ; and he has, irom time to time, in the exercise of that freedom of speech which belongs to him as a citizen of the United States, and, in his political relations as ■President of the United States to the people of the United States, is upon, fit occasions a duty of the highes't obligation, expressed to his fellow- 'citizens his iviews and opinions respecting the measures and proceedings Of Congress ; and that in -such 'addresses to his fellow-citizens and in such his coimmunications to Congress he has ex- 'p'ressed his views, opinions, and judgment of and ooticerni-tig 1she 'actual constitution of the two houses of -Congress without represientatioh ^therein di certain States of the Union, and of the effect that in wisdoto and justice, in thie opinion and judgfiiefit of this respohdeht, Coa- gresB, in its legislation and prnceedings, should give to this political circnmstahce ; an'd whatso- ever be 'has #108 cominiffiicated to Congress cir 280 POLITICAL MAM UAL. addressed to his fellow -citizens or any assemblage thereof, this respondent says was and is within and according to his right and privilege as an A^lerican citizen and his right and duty as Presi- dent of the, United States. And this respondent, not waiving or at all disparaging his right of freedom of opinion and of freedom of speech, as hereinbefore or herein- after more particularly set forth, but claiming and iusisting upon the same, further answering the said tenth article, says that the views and opinions expressed by this respondent in his said addresses to the assemblages of his fellow-citi- zens, as in said article or in this answer thereto mentioned, are nol-and were not intended to be other or different from those expressed by him in his communications to Congress — that the eleven Stales lately in insurrection never had ceased to be States of the Union, and tha.t they were then entilled to representation in Congress by loyal Representatives and Senatora as fully as the other Stales of the Union, and that, conse- quently, the Congress, as then constituted, was not, in fact, a Congress of all the States, but a Congress of only a part of the States. This re- spondent., always protesting against the unau- thorized exclusion therefrom of the said eleven States, nevertheless gave his assent to all laws passed by said Congress which did not, in his opinion and judgment, violate the Constitution, exeioising his constitutional authority of return- ing bills to said Congress with his objections when they appeared to him to be unconstitu- tional or inexpedient. And, further, this respondent has also ex- pressed the opinion, both in his communications to Congress and in his addresses to the people, that the policy adopted by Congress in reference to the States lately in insurrection did not tend to peace, harmony, and union, but, on the con- trary, did tend to disunion and the permanent disruption of the States ; and that in following its said policy, laws had been passed by Con- gress in violation of the fundamental principles of the govertiment, and which tended to con- solidation and despotism ; and, such being his deliberate opinions, he would have felt himself unmindful of the high duties of his office if he had failed to express them in his communica- tions to Congress, or in his addresses to the peo pie when called upon by them to express his opinions on matters of public and political con- sideration. And this respondent, further answering the tenth article, says that he has always claimed and insisted, and now claim.s and insists, that both in his personal and private capacity of a citizen of the United States, and in the political relations of the President of the United States to the people of the United States, whose ser- vant, under the duties and responsibilities of the Constitution of the United iitates, the President of the United States is, and should always re- main, this respondent had and has the full right, and in his office of President of the United States is held to the high duty of forming, and, on fit occasions, expressing, opinions of and concern- ing the legislation of Congress, proposed or com- pleted, in respect of its wisdom, expediency, justice, worthiness, objects, purposes, and public land political motives and tendencies; and with' in and as a part of such right and duty to form, and on fit occasions to express,: opinions of and concerning the public character and conduct, views, purposes, objects, motives, and tendencies of all men engaged iUithe public service, as well in Congress as otherwise, and under no other rules or limits upon this ri^ht of freedom of, opinion and of freedom of speech, or of responsi- bility and amenability for the actual exercise of. such freedom of opinion and freedom of speeah., than attend upon such rights and their exercise on the part of all other citizens of the United States, and on the part of all their public ser- vants. And this respondent, further answering 8*id tenth article, says that the several occasions an which, as is alleged in the several specifications of said article, this respondent addressed his fellow-citizens on subjects of public and politi- cal consideration, were not, nor was any one of them, sought or planned by this respondent; but, on the contrary, each of said occasions arose upon the exercise of a lawful and ascus- tomed right of the people of the United States to call upon their public servants and express to them their opinions, wishes, and feelings upon matters of public and political considera- tion, and to invite from such, their public ser- vants, an expression of their opinions, views-, and feelings on matters of public and political consideration ; and this respondeat claims and insists before, this honorable 'court, and before all the people of the United States, that of or concerning this his right of freedom of opinion and of freedom of speech, and this his exercise of ■ such rights on all matters of public and political consideration, and in respect of all public ser- vants or persons whatsoever engaged in or con- nected therewith, this respondent, as a citizen or as President of the United States, is not subject to question, inquisition, impeachment, or incul- pation in any form or manner whatsoever. And this respondent says that neither the said tenth article nor any specification thereof, nOr any allegation therein contained, touches or re- lates to any official act or doing of this respond- ent in the office of President of the .United States or in the discharge of any of its constitu- tional or legal duties or responsibilities; but said article and the specifications and allegations thereof, wholly and in every part thereof^ ques- tion only the discretion or propriety of freedom of opinion or freedom of speech as exercised by this respondent as a citizen of the United States in his personal right and capacity, and without allegation, or imputation against this respondent of the violation of any law of the United States touching or relating to freedom of speech or its exercise by the citizens of the United States or by this respondent as one of the said citizens or otherwise ; and he denies that, by reason of any matter in said article or its specifications alleged, he has said oi done anything indecent or unbe- coming in the Chief Magistrate of the United States, or that he has brought the high office of the President of the United States into con- teriipt, ridicule, or disgrace, or that he has comr mittad or has been guilty of a high misdemeauor in office. OnCERiS, tETTBBiS, MESSAGES, ETC. 281 ANSWEB TO ABTIOLE XI. And in answer to the eleventh iirticle, this re- spondent denies that on the 18th day of August, in; the year 1866, at the city of Washington, in the District of Columbia, he did, by public Bpeech or otherwise; declare or affirm, in sub- stance or at all, that the Thirty-Ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legislative power under the same, or tha.t he did then and there declare or affirm that the said Thirty-Ninth Congress was a Congress of -only part of the States in'any sense or mean- ing other than that ten Slates of the Union were denied representation therein ; or that he made any or either of the declarations or affirmations in this behalf, in the said article alleged, as deny- ing or intending to deny that the' legislation of said Thirty -Ninth Congress was valid or obligatory upon this respondent, except so far as this respondent saw fit to approve the same ; and as to the allegation in said article, that he did thereby intend or mean to be understood that the said Congress had not power to propose amendments to the Constitution, this respondent says that in said address he said ftothing in refer- ence to the subject of amendments of the Con- stitution, nor was the question of the compe- tency of the said Congress to propose such , amendments, without the participation of said jBxelnded States, at the time of said address, in 'any way mentioned or considered or referred to -by'this respondent, nor in what be did say had he "any intent regarding the same, and he denies the allegation so made to the contrary thereof ,But this respondent, in further answer to, and in' respect of. the said allega,tions of the said eleventh article hereinbefore traversed and de- nied, claims and insists upon his personal and official right of freedom of opinion and freedom of -speech, and his duty in his political relaAions as President of the United States to the people of the United States in the exercise of^ such freedom of opinion and freedom of speech, in the same manner, form, and effect as .he has in this behalf stated the same in his answer to the said tenth article, and with the same effect as if he here repeated the same; and he further claims and insists, as in said answer to said tenth article heihas claimed and insisted, that he is not sub- ject to question, inquisition, impeachment, or-in- culpation, in any form or manner, of orcon'cern- ing such rights of freedom of opinion of freedom of iSpeeoh or his said alleged exercise thereof. , , And this respondent farther denies that on the 2161 of February, in the year 1868, or at any other time, at the city of Washington, in the District of Columbia, in pursuance of any such declaration as is in that behalf in said eleventh article alleged, or otherwise, he did unlawfully, and in disregard of the requirement of the Coh- Btitution that he should take car-e that the laws shdnld be faithfully executed, attempt to pre- Meui the execution of an act entitled "An act regulating the tenure of certain civil offices," pafejied March 2, 1867, by unlawfully devising or contriving, or attempting to devise or contrive, means by which he should prevent Edwin M. Stftnton irom forthwith resuming tbe functions of Secretary for the Department of War ; or by unlawfully devising or contriving, or at- tempting to devise or contrive, means to prevent the execution of an act entitled "An act mak- ing appropriations for the support of the army for the fiscal year ending June 30, 1868, and for other purposes," approved March 2, 1867i or to prevent the- execution of an act entitled "An act to provide for the more efficient government of tbe rebel States," passed March 2, 1867. And this respondent, further answering the said eleventh article, says that lie has, in his an- swer to the first article, set forth irj detail the acts, steps, and proceedings done and taken by this respondent to and toward or in the matter of the suspension or removal of the said Edwin M. Stanton in or from the office of Secretary for the Department of War, with the times, modes, circumstances, intents, views, purposes, and opinions of official obligation and duty under and with which such acts, steps, and proceedings were done and taken; andi£on, Doolittle, Fessenden, Fowler, Giimes; Henderson, HejUdricks, Johnsfm, McCreery, Norton, Patterson of Tennessee, Jloap,. SauUbvry, Trumbull, Van Winkle, Tinkers — 19. May 26 — The second and third articles wece voted upon, with the same reeult as on ,^t£ eleventh : Guilty 35 ; Not Guilty, 19. A motion that the court do now adjourn si?ie die was then carried— yeas 34, nays 16, as folr low : Ye\8— Messrs. Anthony, Cameron, Cattell, Chandler, Cote, Conkling, Corbett. Cragin, Drake, JSdmniids, Ferry, Freliu^ huysen, Harlan, Howard, Morgan, Morrill of Maine, Moi> (rill of Vermont, Morton, Nye, Pattjerson of New Hamp^hi^, ;Pomeroy. Ramsey, Sherman, Spr'ague, Stewart, Sumne^j Thayer.'Tipton, Van Winkle, Wade, Willey, Williams, Wi!- son, Yates — 34. Nats — Messrs. Bayard, Buckalew, Davis, Dixon, Doo- little, Fowler, Henderson, Hendricks, Johnson, McCreery, INnrton, Patterson of Tennessee, Roes, Satdsbury, Trum- bull, Vickers—ie. , Not Voting — Conness, Tessenden, Grimes, Howe — 4. Judgment of acquittal was then entered by the Chief Justice on the three articles voted upon, and the Senate sitting as a court for the trial of Andrew Johnson, President of the United States, npon Articles of 'Impeachment exhibited by the House of Eepreaeitta'tives, was declared adjourned withont day. XXV. CORRESPONDENCE BETWEEN GEN. GRANT AND PRESIDENT JOHNSON, GROWING OUT OF SECRETARY STANTON'S SUSPENSION. Wab Depaetmeht, Washinoton City, February 4, 1868. Sib : In answer to the resolution of tlie House of Representatives of the ,3d instant, I transmit herewith copies furnished me by General Grant of correspondence between him and the Presi- dent, relating to the Secretary .cf War, and which he reports to be all the correspondence he has had with the President on the subject. I have had no correspondence with the Presi- dent since the 12th of August last. After the action of the Senate on his alleged reason fpr my suspension from the office of Secretary of War, I resumed the duties of that office as required by the act of Congress, and have continued to di's-. charge them withont any personal or written communication with the President. No orders have been issued from this department in fh^ name of the President, with my krjnwledg^ anij' I have received no ordgrs from him. The correspondence sent herewith embraces ^M the correspondence known to me on the suViecl CORRESPONDBNCK BETWEEN GRAUT AND JOHNSON. 283 referred to in the reBolution of the Honse of Bepresentatives. . r have the honor to be, sir, with great respect, your obedient servant, Edwin M. Stak'^os, Secretary of Wat. Hon. SoHUYLBB Colfax, •Speaker of the Souse of ^e honor, very respectfully, to request to have, in writing, the order \vhiQh the President gave me verbally on Sunday, the 19th iptant, to disregard the orders of the Hon, E. M. Stanton, as Secretary of War, until I knew,, from the President himself, that they were his prders. I have the honor to be, very respectfully, your obedient servant, tj. S.,GEAJrT, Qeri^rfll. His Excellency A. JoHNSo;!!!, • President of the United^Stat^. 2. — QENEBAL QBA.NT TO THE PBESIDEKT. i Headotaetbes Army of the United States, WAsmNaTQN, D.C., iTimuary 28, 1868. SiE: On the 24th instant, Irequested you to give me in twriting the instructions which you! Bad previously given me verbally, not to obey any oi^der from Hon. E. M. Stanton, Secretary of "War, unless linew that it came fromyourself. To , this written .request I jecei ved a message that has left doubt in my mind of your inten- tioiis To prevent any possible misunderstand- ing, therefore, I.renew.the.request that you will give me written instructions, and, till they are re- ceived, will suspend action on your verbal ones. lam compelled to ask these instructions in writing, in consequence of. the many and gross .misrepresentations affecting my personal honor, circulated .through the press .for the ilast fort- night, purporting to come fromithe P-resident, of conversations whish , occurred either -with the Pjresident privately in his oiffice, or in cabinet meeting. What is written admits of no misun- derstanding. In view of the misrepresentations referred to, it will be well to state the facts in 'the case. Some time aft^r I assumed the duties of Secre- tary of War ad interim, .the President asked me my views as ,to the course Mr. Stanton would nave to pursue, in case .the Senate should not .conbur in his suspension, .to obt«in possession of .hia, office. My reply was,, in substance, that'Mr. Stanton would have to appeal to the courts to .reinstate him, illustrating my position by citing tjlie grpund I had taken ib the case of the Balti- jDOce .polite commissioners. In that case I did not .doubt the technical j;ignt of Governor Swann to remove the old com- missioners and to appoinit their successors. As jijEeiOldoommissioneis, refused to give up, how- .^ser, 1 contended that no resource was left but .tio'ftppeai to ,the courts. 'Finding thjit the ^'resident .was desirous of %eping Mr. Stanton out of office, whether sus- Jt5i,i,ned in the auspeusioh or not, I stated that I iadnot Ipoked .particularly into the .tenure Of pffice bill, but that what I ihad stated was a general principle, and if I should change my mind in this particular case j would inform hipi of the fact. Subsequently, on reading the tenure of pffij?e b.ll closely, I found that I could not, , without violation' of the law,, refuse to vacate the offiije of Secretary of War the mooiont Mr. Stantqn was reinstated by ♦he Se.nate, even though the President, should order me to retain it, which he never did. Taking this view of the subject, and learning on Saturday, the 11th instant, that the. Senate had taken up the subject pf Mr. Stanton's sus- pension, after some conversation.with Lieutenant General Sherman and some members of my staff, in which I stated that the law left me no dis- cretion as to my action, should Mr. Stanton be reinstated, and that I intended to inform the President, I went to the President for the sole purppse pf making this decision known, and did so make it known. In doing this I fulfilled the promise made in our last preoe^ing conversation on the subject. The President, however, instead of \ocepting my view .of the requiremenbi of the tenure pf office bill, contended that he h^d suspended Mi;. Stanton under the authority given by the Con- stitution, and that the same authority did npt preclude bim.frem repprting, as an act of court- esy, bis reasons for the suspension tp the. Senate. That, having. appointed me under the authority given by th'e Constitution, and not under any act of Congress, I could not be governed by thp act. I pitated .that the law was binding on me, constitntionil or not, until set aside by the proper tribunal. An hour or more was oon- 'sumed, each reiterating his views on this subject, until, getting late, the President said he would see me again. I did Uot agree to call again on Monday,, nor at any other 'definite time, npr was I sent for by the 'President until the following Tuesday. From the 11th to the cabinet meeting on the 14th instant, a doubt never entered my mind about the President's fully understanding my position, -naniely, that if the Senate refused to concur .in the suspension ;of iMr. -Stanton, my powers as Secretary 0|f War ad interim would ce3iSe,.and.Mr..Stanton's right ctp resume at once thejfunpJt.ion^;Qf his pffice would under the law bejindisputiablp, .and I acted accordingly. With ^r.,St^n.tpn I had .no cpmmunicatipn, direct uor indirect, on .the subject of his-reinstatement, dur- ing l^is suspension. l.feiesff it ihad (been recommended to the Prea- i^^pt tP send in the pame ipf Gpvernpr Cox, of Ql^io, for Sej^retiary of War, and thus save all embarrassjngpt-^a /prp,positiQn that I sincerely hoped he would ^pytertain favorably ; General SJiermfinsseing.thB President at my particular request to .urge this, pn the 13lh instant. ,Ojn Tuesday, (the day Mr. iStauton re-entered Jijie office pitt^e.Secretary pf War,) General Cpm- stock, iwio .^had caiiried my .pffioial letter an- .np,U|ngipg^1^a|t, ^gtith Ijir.-Stan ton's ^reinstatement by the Senate, I had ceased to ha Secretary '0£. .)for ■g.fi interAra, ,and who saw the Preaioent open an,d read the jCommunication, brought back to ,m,e ,frQm the President a message that ha wanted to see me tliat day at the .cabinet meet- ■284 POLITICAL MANUAL. iBg, after I had ma3e known fhe fact that I was no longer Secretary of War ad interim. At this meeting, after opening it as though I were a inemher of the cabinet, when reminded of the notification alreadygiven him that I was no longer Secretary of War ad interim, the President gave a version of the conversations alluded to already. In this statement it was asserted that in both conversations I had agreed to hold on to the office of Secretary of War until displaced by the courts, or resign, so as to place the President where he woald have been had 1 never accepted the office. After hearing -the President tliroagh, I stated oar conversa- tions substantially as given in this letter. I will add tbat my conversation before the cabi- net embraced nther matter not pertinent here, and iii tlisrefore left out. I in nowise admitted the correctness of the President's statement of our conversations, though, to soften th.e evident contradiction my statement gave.T said (alluding to our first con- versation on the subject), the President might have understood me the way he said, namely, that I had [iromised to resign if I did not resist the reinstatement. 1 made no such promise. I have tlie honor to be, very respectfully, your obedient servant,' U. S. Geani, General. His Excellency A. Johnson, President of the United States. no. 3. — endoesement of the peesidbnt on geneeal seaijl's note op jantjabt 24, 1868. Januaby 29, 1868. As requested in this communipation. General Grant is instructed, in writing, not to obey any order from the War Department, assumed to be issued by the direction of the President; unless such order is known by the General commanding the armies of the United States to have been authorized by the Executive. ANDEEVr JOHNSOH.r , ■No. 4. — GENBKAL GEANT TO THE PEESIDBNT. : HEADaUABTERS AUMT OP THE UNITED STATES, Washington, January 30, 1868. SiB: I have the honor to acknowledge the return of my note of the 24th instant, with your indorsement thereon, that I aim not to obey aijy order from the War Department assumed to be issued by the direction of the President, uple'ss such order is known by me to have been author- 1 ized by the Executive ; kni in reply thei-eto po say, that I am informed by the Secretary of War that he has not received from the Executive any order or instructions limiting or impairing his authority to issue orders to the army as has heretofore been his practice under the law arid the customs of the department. ' While this au- thority to the War Depiirtment is not counter- manded, it will be satisfaotoi^ evid^lice to me that any orders issued from the War Depart- ment, by direction of the President, are authoi:- iaed by the Executive. I have the honor to be, very respectfrfUy, your obedient servant, U. S. Gbant, His Excellency A. Johnson, „ <^eneral: President of the United Slates. no. 5. — the president to geneeal qean'l', Executive Mansionv January. 31, 1868.. Geneeal:, I have received your communica- tion of the 28th instant, renewing your request of the 24th, that I should repeat in a w.ritten form my verbal instructions of the 19th instant, viz : That you obey no order from the honora- ble Edwin M. 'Stanton, as Secretary of War, .unless, you have information that it was issued by the President's directions. In submitting this request, (with which I com- plied on the 29th' instant,) you take occasion to allude to recent publications in reference tp;);he circumstances connected with the vacation, by yourself, of the office of Secretary of War ad interim, and, with the view of correcting state- ments, which you term " gross misrepresenta- tions," 'give at length your own recollection of the facts under which, without the sanction of the President, from whom you had received and accepted the appointment, you yielded the De- partment of War to the present incumbent. As stated in jroiif comrfa'uhication, some time after you had assumed the duties of Secretary of War ad interim, we interchanged views. re- specting the course that should be pursued in the event of non-ooncurrehce by the Senate in the suspension from office of Mr. Stanton I sought that interview, calling myself at the War Department. My sole object in then bringing the subject to your attention was to ascertain definitely what would be youi- own action should such an attempt be made for his restoration to the War Department. That object was accom- plished, for the interview terminated with the distinct understanding that if, upon reflection, you should prefer not to bacome a party to the controversy, or should conclude that it would be your duty to surrender the department to Mr. Stanton,- upon action in his favor by the Senate, yott were to return the office to me prior to a, decision by the Senate, in order that, if l desired to do so, I might designate some one to succeed you; It must have been apparent to you that, had not this understanding beea reached, it was my purpose to relieve yon from, the further discharge of the duties of Secretary of War ai i?iferi*i, and to appoint some other person in that capacity. Otier conversations upon this subject ensued, all of them having, on my part, the same ob ject, and leading to the same conclusion, as the fir^ti' It is not necessary, however, to refer to any of them,excepting that of Saturday, the lltb instant, mentioned in your communication. As it. was then known that the Senate had pro- ceeded to consider the case of Mr. Stanlon, I was anxious to learn your determination. After a protracted interview, during which the pro- visions of the tenure of office bill were freejy discussed,' you said that, as had been agreed upon in our first conference, you would either return the office to my possession in time to enable me to appoint a successor before final action by the Senate upon Mr. Stanton's sus- pension, or W(*uld remain as its head, awaiWng a decision of the question by judicial proceed- ings. It was then understood that t'liero would; be a further conference on Monday, by which CORRESPONDENCE BETWEEN WEANT AND JOHNSON. 283. time I supposed you would be prepared to in- fotkn me of your final deoieion. You failed, hfl'vseveT, to fulfill the engagement.and- on Tues- day notified me, in writing, of the receipt by you of offieial notification of the action of the Stwate in the case of Mr. Stanton, and at the saTne time informed me that according to the act regulating the tenure of certain civil offices your functions as Secretary of War apt interim ceased from the moment of the reoeiptiof the notice. You thus, in disregard of' the under- standing between us, vacated the office witliout liaving given me notice of your intention to do so. It is but just, however, to say that in your communication you claim that you did inform me of your purpose, and thus " fulfilled the promise made iu our last preceding conversa- tion on this subject." , The fact Uiat such a pwmise existed is evidence of an arrangement of the kind I have mentioned. You had found in our first conference " that the President was desirous of keeping Mr. Stanton out of office, whether sustained in the suspension or not." You knew what reasons had induced the Presi- dent to "ask from you a promise ; you also knew that in case your views of duty did not accord with his own convictions, it was his purpose to fill your place by another a-ppointment. Even ignoring the existence of a positive understand- ing between us, these conclusions were plainly deducible from our various conversations. It is certain, however, that even under these circum- stances, you did not ofifer to return the place to my possession, but, according to your own state- ment, placed yourself in a position where, could I have antici[iated your action, I would have been compelled to ask of you, as I was com- pelled to ask of your predecessor in the War Department, a letter of resignation, or else to resort to the more disagreeable expedient of su- ' petseding yon by a successor. As stated in your letter, the nomination of Governor Oox, of Ohio, for the office of Secre- tary of War was suggested to me. His appoint- ment, as Mr. Stanton's successor, was urged in youT name, and it was said that his selection would save further embarrassment. I did not think that in the selection of a cabinet officer I shoald be trammelled by such considerations. I was 'prepared to take the responsibility of de- ciding the question in accordance with my ideas of constitutional duty, and, having determined upon a course which 1 deemed right and proper, was anxious to learn the steps you Would take should the possession of the Wat Department be demanded by Mr. Stanton. Had your action been in conformily to the understanding be- tween us, I do not believe that the embarrass- ment would have attained its present propor- tions, or that the probability of its repetition' wodld have been so great. I know that, with a view to an early termina- tion of a state of affairs so detrimental to the public interests, you voluntarily offered, both on Wednesday, the 15th instant, and on the suc- ceeding Sunday, to eall upon Mr. Stanton, and xtf^ upon him that the good of the service required his resignation. ' 'I confess that I ooa- sidered your proposal as a sort of reparation for tfae'failure, on yoar part, to act in accordance with an understanding more than once repeated, which I thought had received your full assent, and under which you could have retdtned to ma the office which I had conferred upon you, tjiua saving yourself from embarrassment, and leav- ing the responsibility where it properly be- longed — with the President, who is accountable for the faithful execution of the laws. I bave not yet been informed by you whether, as twice proposed by yourself, you have called upon Mr. Stanton, and made an effort to induce him voluntarily to retire from the War Depart- ment. You conclude your communication with a reference to our conversation at the meeting of the cabinet held on Tuesday, the 14th instant. In yout"aocount of what then occurred, you say that after the President had given his version of our previous conversations, you stated them substantially as given in your letter; that yon in nowise admitted the correctness of his state- ment of them, "though, to soften the evident contradiction my statement gSve, I said (allud- ing to our first conversation on the subject) the President might have understood me in the way he said, namely: that I had promised to resign if I did not resist the reinstatement. I made no such promise." My recollection of what then transpired is diametrically the reverse of your narration. In the presence of the cabinet I asked you : First. If, in a conversation which took place shortly after your appointment as Secretary of War ad interim, you did not agree either to re- main at the head of the War Department and abide any judicial proceedings that might follow non-concurrence by the Senate in Mr. Stanton's' suspension; or, should you Wish not to become involved in such a controversy, to pu^me in th? same position with respect to thje office as 1 occupied previous to your appointment, by re- turning it to me in time to anticipa.te,8uph action by the Senate. This you admitted! Second. I then' asked you if, at our conference on the preceding Saturday, I had not, to avoid misunderstanding, requested you to state what yon intended to do, and further, if, in reply to that inquiry, yon had not referred to our former conversations, saying that frOm them I under- stood your position, and that your action wouM be consistent with the understanding which h?.d been reached. To these questions you also i-s- plied in the affirmative. Third. I next asked .if, at the conclusion si our interview on Saturday it was not understoid' that we were to have another conference on Monday, before final action by the Senate in the case- of Mr. Stanton. You replied that that such was the understanding, but that you did not suppose the Senate would act so soon ; that on Monday you had been engaged in a conference with General Sherman, and were occupiedvvith "many little matters," and asked if General Sherman' had not called on that day. ■What relevancy General Sherman's visit to me on Monday had with the purpose for which you were then to have called,'! am at a loss to per- ceive, as h'd certainly did not inforin me whethei ' you had' determined to retain possession of the office, or to afford me an opportunity to appoint 286^ POLITICAL MANUAL. a Bucoeisor in advance of any attempted rein- statement of Mr. Stanton. This account of what passed between us at the cabine"t meeting on the 14th instant widely differs from that contained in your communica- tion, for it shows that instead of having "stated tnir conversations as given in the letter," which has made this reply necessary, you admitted that my recital of them was entirely accurate. Sincerely anxious, however, to be correct in my statements, Ihave today read this narration of what occurred on the llth instant to the mem- bers of the cabinet who were then present. Tiiey, without exception, agree in its accuracy. It is only necessary to add that on Wednesday morning, the 15tli instant, you called on me, in company with Lieutenant General Sherman. After some preliminary conversation, you re- marked that an article in the National Intelli- gencer of that date did you much injustice. I replied thati had not read the Intelligencer of that morning. You then first told me that it was your intention to urge Mr. Stanton to resign his office. After you had withdrawn, I carefully read the article of which you had spoken,;and found that it'll statements of the understanding between us were substantially correct. On the 17th, I caused it to be read to four of the five members of the cabinet who were present at our confer- ence on the 14th, and they concurred in the general accuracy oj its statements respecting our conversation uppn that occasion. In reply to your communication,' I have deemed it proper, in order to prevent further misunderstanding, to make this simple recital of facts. Very respectfully, yours, General U. S. Grant, ^"^''^^ ^°^^^°''- Cdrrvnaiiding U. 8 Armies. No. 6. — GEITERAL GBAlSt TO THE PEESIDEKT. HEADa'ES AeMT of THE UhITED StATEB, Washikgton, February 3, 1868. SiB: I have the honor to acknowledge the receipt of your communication of the 31st ultimo, in answer to mine of the 28th ultimo. After a careful reading and comparison of it with the article in the National Intelligencer of the 15th ultimo, and the article over the initials J. B. S., in the New York World of the 27th ultimo, purporting to be based upon yonr statement and .that of the members of your cabinet therein named, I find it to be but a reiteration, onl}' somewhat more in detail, of the "many and gross misrepresentations" contained in these articles, and which my statement of the facts set forth in my letter of- 28th ultimo was intended to correct ; and I here reassert the correctness of my statements in that letter, anything in yours in reply to it to the contrary notwitLstanding. I confess my surprise that the cabinet officers referred to should so greatly misapprehend the facts in the matter of admissions alleged to have been made by me at the cabinet meeting of the 14th ultimo as to suffer their names to be made the basis of the charges in the newspaper article referred to, or agree in the accuracy, as yon affirm they do, of your account of what occurred at that meeting. You know that we parted on Satrirday, the" 11th ultimo, without any promise on ipy paTt,|] either express or implied, to the effect that/1'' would hold on to the office of Secretary of' Wai ad interim against the action of the Senate, of,! declining to ao so myself, would surrender it to you before such action was had, or that I would see you again at any fixed time on the subject. The performance of the proBiiees alleged by you to nave been made by me would have in- volved a resistance to law, and an inconsisteniyl with the whole history of my connection wiw the suspension of Mr. Stanton. From our conversations, and my written pro- test of August 1, 1867, against the removal of Mr„ Stanton, you must have known that my greatest objection to his removal or suspension was the" fear that some one would be appointed in his stead who would, by opposition to the laws re-, lating to the restoration of the southern States* to their proper relations to the government, em-; barrass the army in the performance of duties especially imposed upon it by these laws ; and . it was to prevent such an appointment that 1 accepted the office of Secretary of War ad in- terim, and not for the purpose of enabling you to, get rid of Mr. Stanton by my withholding it from him in opposition^ to law, or not doing- so myself,' surrendering it to one who would, as-' the statement and assumptions in your commu- nication plainly indicate was sought. And it was to avoid the same danger, as well as to re ■ lieve you from this personal embarrassment in -^ which Mr. Stanton's reinstatement would place- you, that I urged the appointment of Governor Cox, believing that it would be agreea,ble to you and also to Mr. Stanton — satisfied as I waS that it was the good of the country, and not the ' office, the latter desired. On the 15lh ultimo, in presence of General Sher- man, I stated to you that I thought Mr. Stantoti would resign, but did not say that I would ad- vise him to do so. On the 18th I did agree with General Sherman to go and advise him to that ' course, ««id on the 19tnl had an interview alone with Mr. Stanton, which led me to the conclusion that any advice to him of the kind would be use- less, and I so informed General Sherman. Before I consented to advise Mr. Stanton to resign, I uinlerstood from him, in a conversation: on tne snbjec-.t immediately after his reinstate- ment, that it was his opinion that the act of Congress, entitled " An act temporarily to sup-- ply vacancies in the executive departments in certain cases," approved February 20, 1863, was - repealed by subsequent legislation, which ma- terially influenced my action. Previous to this time I had had no doubt that the law of 1863 was still in force, and notwithstanding my action, a fuller examination of the law leaves a qnestion in my mind whether it is or is not re- pealed. This being the case, I could not now advise his' resignation, lest the same danger I apprehended on his first removal might follow. The course you would have it understood I agreed to pursue was in violation of law, and without 'orders from you ; while the course I did pursue, and which I never doubted you fally' understood, was in accordance with law, and not in disobedience of any orders of my superior ' CORRESPONDEIJCE BETWEEN GKANT AND JOHNSON 28f And now, Mr. President, when my honor as a soldier and intfegrity as a man have been so violently assailed, pardon, me for saying that I can but regard this whole matter, from the be- ginning to the end,', as an attempt to involve me in the resistance of law, for which you hesitated tb assume the responsibility in orders, and thus to destroy my character before the country. I am in a measure confirmed in this conclusion by your recent orders directing me to disobey orders tiiiw,' the Secretary of War — my superior and your subordinate — without having counter- manded his authbrity to ieeue the orders I am to. disobey. With the assurance, Mr. President, that no- thing less than a vindication of my personal honor and character could have induced this correspondence on my part, I have the honor to be your obedient servant. very respectfully, U. S. Geam, General. His Excellency A'. Johnson, President of^the United States. Kb. 7. — THE pbesideSt to oenbeal gbakt. ExEoniivE Mansion, February IQ, 1868.- Geneeal : The extraordinary character of- your letter of the 3d instant would seem to pre- clude any reply on. my part ; but the manner in which publicity has been given to the corres- pondence of which that letter forms a part, and' the grave questions which are involved, induce me to take this mode of giving, as a proper se- qi;el to the communications wnich have passed' between us, the statements of the five members of the cabinet who were present on the occasion of our conversation on the 14th ultimo. Copies, of the letters, which they have addressed to me upon the subject, are accordingly herewith en^. closed. You speak of my letter of the .31st ultimo as a reiteration of the "many and gross misrepre- sentations " contained in certain newspaper' articles, and reassert the correctness of the state- ments contained in. your communication of the 28th ultimo, adding — and here I give your own words — "anything in yours in reply to it to the contrary notwithstanding." When a controversy upon matters of fact reaches the point to which this has-been brought,; fuTther assertion or denial between the immedi- ate parties should cease, especially where, upon either side, it loses the character of the respectful disqussion which is required by the relations in which the parties stand to each other; and de- generates in tone and temper. In such a case, if there is nothing to rely upon but the opposing. Btate,ments, conclusions must, be drawn from those statements alone, and from whatever in- trinsic probabilities they affol-d in favor of or against either of the parties. I should not shrink from this test in this controversy, but; fortunately, it is not left to this test alone.- There were five cabinet officers present at the conver- sation, the detail of which,, in my letter of the 28tii ultimo, you allow yourself to say, contains "many and gross misrepresentations.!' These gentleman heard that conversation and have and I leave the proof without a. word of com-' ment., I deem it proper, before concluding this com- munication, to notice: some of the statements' contained in your letter. You say that a performance of the promises' alleged to have been made by you to the Presi- dent " would have involved a resistance to laWi> and an inconsistency with the whole history, ah my connection with the suspension of Mr. Stan- ton." You then state that you had fears the» President would, on the removal of Mr, Stantoni ■ appoint some one in his place who would em- barrass the army in carrying out the reeonstrue-" tion acts, and add : " It was to prevent such' an appointment that I accepted : th'e office of Secretary of War ad inteiiTrif and not for the purpOne of'eDablltii^ yon to get'rid'of 'Mr. Btantoo, by'jn^ -frithholding it from him In' opposition to law, or not ddirigf so myself, surrendering it to one Who would, aa the state-- menta'and asaujmptions in your communication plainly in- dicate was sought." First of all, you here adm-ft, that from theveryj beginning of what you term " the whole history ' of your connectionwith Mr^ Stanton's suspen- sion, you intended 'to circumvent the President.-, It was to carryout that intent that you accepted the appointment. This was in your mind at the' time of your aSceptafice. It was not, then, in- obedience to the order of your superior, as has heretofore been supposed, that you assumed the datie* of the office.' You knew it was the Pre- sident's purpose to prevent Mr. Stanton from re- suming the office of Secretary of War, and you intended to defeat that purpose. Yon accepted the office, not in the interest of the President, but of Mr. Stanton; If this purpose, so enter- tained by you, had been confined to yourself — if, when accepting the office, you had done so wi'th'a mental' reservation to frustrate the Presi- dent — it would have been a tacit deception. In theethics of some persons such a course is allow- able. But you cannot' stand even upon that questionable ground. The " history" of your connection with this transaction, as written by- ypurself, places you in a different predicament, and shows that you not only concealed your de- sign from the President, but induced him to' suppose that you would Carry out his purpose to keep Mr. Stanton out of office; by retaining it yourself after an attempted restoration by the Senate, so as to require Mr. Stanton" to establish" his right by judicial decision. I now give that part of this "history," as written byyourself dn your letter of the28tbult.: " Sometime after I assumed the duties of Secretary of War ad interiw^ the President asked me my views as to the course Mr. Stanton would have to pursue, in case the Senate - should not concur in his suspension, to obtain possession of ■ his office. My reply was, in substance, that Mr. Stanton would have to appeal to the courts to reinstate him, illus- trating-my positioti by citing the ground I had takenin th^ case of the Baltimore police comtnissioners." Now, at that time, as you admit in your letter of the 3d instant, you held the office for the very object of defeasing an appeal to the courts. In that letter ygu say that in accepting the office one motive was to prevent the President from appointing some other person who would retain possession, and thus make judicial pro- ceedings necessary. You knew the President was unwilling to trust the office with any on» read mj statement. They speak for theiliselves, who would not, by holding it, compel Mr. Staii' 288 POLITICAl, MANUAL. ton to resort to the courts. You perfectly, un- derstood that in this interview "sometime" after you accepted theoflSce, the President, not content with your silence, desired an expression of your views, and you answered him, that Mr. Stanton " would have to appeal to the courts " If the President had reposed confide'Dce Zie/ore he knew your views, and that confidebce had been vio- lated, it might hav6 been said he made a mis-- take ; bat a violation of confidence reposed after that conversation was no mistake of his, nor of yours. It is the fact only that needs he stated, that at the date of this conversation you did not intend to hold the office with the purpose of forcing Mr. Stanton into court, but did hold it then, and had accepted it, to pi-event that course from being carried out. In other words, you said to the President, " that is the proper course ;" and you said to yourself, "I have accepted this office, and now hold it, to defeat that coursel" The excuse you make in a subsequent paragraph of that letter of the 26th uhimo, that afterwards you changed your views as to what would be a proper course, has nothing to do with the point; now under consideration. The point is, that before you changed your views you had secretly determined to do the very thing wliich at last you did — surrender the office to Mr. Stanton. You may have changed your views as to the law, but you certaiplydid not change your views as to the course you had marked out for your- self from the beginning. I will only notice one more statement in your letter of the 3d instant — that the performance of the promises which it is alleged were made by you would have involved you in the resistance of law. I know of no statute that would have been violated had you — carrying out your prom- ises in good ■ faith — tendered your resignation when you concluded not to be made a party in any legal proceedings You add : *- 1 am ID a meaBure confirmed in tliis coDcluHion by yoBf i recent orders directingme to dfsobey ordersfrom the S«cio- tary of War, my superifV and your subordinate, witliout baying countermanded his authority to isaue the orders I am to disobey." On the 24th ultimo you addressed a note to the President, requesting, in writing, an order, given to you verbally five days before, to disre- gard orders from Mr. Stanton as Secretary of War, until you "knew from the President him- self that th?y were his orders." On the 29th, in compliance with your request, I did give you instructions in writing "not to obey any order from the War Department as- sumed to be issued by the direction of the Presi- dent, unless such order is known by the General commanding the armies of the United States to have been authorized by the Executive." There are. some orders which a Secretary of War may issue without the authority of the Firesident ; there are others which he issues sim- ply as the agent of the President, and. which purport to be " by direction" of the President For such orders the President is responsible, and he should, therefore, know and understand what they are before giving' such " direction." Mr. Stanton states in his letter of the 4th instaiit, which accothpanies the published cprrespond- ence, that he " has had no correspondence with the President since the 12t.h of August last;" and he further says, that since he resumed the duties of the office he has continued to dipoharga them "without any personal or written coin.nau- nication with the President;" aad he adds: "No orders have been issued from this Depart- ment in the name of the President with ray knowledge, and I have received no orders from him." It thus seems that Mr. Stanton now discharges the duties of the War Department witnout any reference to the President, and without using hia name. My order to you had only reference to orders " assumed to be issued by the direction of the President." It would appear from Mr. Stanton's letter that you have received no such orders from him. However, in your note to the President of the 30th ultimo, in which you ac- knowledge the receipt of the written order of the 29th, you say that you have been informed by Mr. Stanton that he has not received any order limiting his authority to issue orders to-the' army, according to the practice of the Depart- ment, and state that " while this authority to th6 War Department is not countermanded, it will be satisfactory evidence to me that any ordets issued from the War Department by direction of the President are authorized by the Executive." The President issues an order to you to obey no order from the War Department; purporting to be made " by the direction of the President,' until you have referred it to him for his, ap- proval. You reply that you have received the President's order, and will not obey it, but will obey an order purporting to be given by his di- rection, if it comes from the War Department. You will not obey the direct order of the Presi- dent, but will obey his indirect order. If^.as you say, there hasbeeti a practice in the War Department to issue orders in the name of th'o President without his direction, does not the pre- cise order you have requested, and have re-, ceived, change the practice as to the General of the army? Could not the President counter- mand any such order issued to you from the,T7ar Department?' If you should receive an order from that' Department, issued in the name of the' President, to do a special act; and an order di- rectly from the President himself not to do the act, is there a doubt which you are to obey? You answer the question when you eay to Ihe President, in your letter of the 3d instant, the Secretary of War is " my superior and ydtir subordinate ;" and yet you refiise obedience to the superior out of deference to the subordinate. Without further comment upon the insubor dinate attitude v;hich you have assumed, I am at a loss to kno^ how you can relieve yourself froin obedience to the orders of the Presideiit,' who is made by the Constitution the Commandep^ ' in-Chief of the army and navy, and is, there- ; fore, the official sup'erior, as well of the Gen^* eral of the army as of the Secretary of War. " ' Respectfully, yours, Andeew JohnsoU. " General U. S. Geant, Oommanding Armiei Of tW United States, Washington, D. C. ',"• Copy of a letter addressed to^eaohof the mem-, hers of the cabinet present at the conversatiph--^ between the President and Gteneral Grant on tha ■; 4th of January, 1868 : CORRESPONDENCE BETWEEN GRANT AND JOHNSON. 289 EXEOCTIVE MAUSION, Washington, D. C, Fehrua'ni 5\, 1868. SlE : The Chronicle of this morning contains a correspondence between the President and Gen- eral Grant, reported from the War Department, in answer to a resolution of the House of Rep- resentatives. I beg to call your attention to that correspondence, and especially to that part of it which refers to the conversation between the President and General Grant at the cabinet meeting on the 14th of January, and to request you to state what was said in that conversation. . Very respectfully, yours, Andrew JonNsou, LETTER OF THE SECRETARY OF THE NAVT. ■Washington, D. C, February 5, 1868. Sir; Your note of this date was handed to me ^is evening. My recollection of the conversa- tion at the cabinet meeting on Tuesday, the 14th of January, corresponds with your statement of it in the letter of the 31st ultimo, in the pub- lished correspondence. The three points speci- fied in that letter, giving your recollection of the conversation, are correctly stated. Very respectfully, Gideon Welles. To the President. tettee of the sboretabt of the treasttet. Teeasuet Depaetment, February 6, 1^68. SlE: I have received your note of the 5th inst., calling my attention to the correspondence between yourself and General Grant, as pub- lished in the ChTonicle of yesterday, especially to that part of it which relates to what occurred at the cabinet meeting on Tuesday, the 14th ultimo, and requesting me to state what was said in the conversation referred to. I cannot undertake to state the precise lan- gnage used ; but I have no hesitation in saying that your account of that conversation, as given in your letter to General Grant under date of the 31st ultimo, substantially and in all import- ant particulars, accorded with my recollection of it., With great respect, your obedient servant, H0QH MoCHLLOOH. Tio Pebsidest. lettee op the postmastee genbeal. Post Office Depaetment, Washington, February 6, 1868. ; Sie: I am in receipt of your letter of the 5th Fejaraary, calling my attention to the correspond- ence published in the Chronicle, between the President and General Grant, and especially to th^t.part of it which refers to the conversation betw.een the President and General Grant at the cabinet meeting on Tuesday, the 14th of Janu- ary} with a request that I " state what was said in that conversation." In reply, I have the honor to state that I have «)84, carefully the correspondence in question, and pfirtioularly the letter of the President to (M$M Grant, dated Januairy 31, 1868. The, f6li'(JV7ing isxtraot from your letter of the 31st of January to General Grant, is, according to my 19 recollection, a correct statement of the conver- sation that took place between the President and General Grant at the cabinet meeting on the' 14th of January last. In the presence of the cabinet, the President asked General Grant whether, ''in a conversation which took place after his appointment as Secretary of War ad interim, he did not agree either to remain at the head of the War Department and abide any ju- dicial proceedings that might follow the non- concurrence by the Senate in Mr. Stanton's sus- pension; or, should he wish not to become in- volved in such a controvers}', to put the Presi- dent in the same position with re.spect to the ofiBce as he occupied previous to General Grant's appointment, by returning it to the President in time to anticipate such action by the Senate. This General Grant admitted. The President then asked General Grant it, at the conference on the preceding Saturday, he had not, to avoid misunderstanding, requested General Grant to state what*he intended to do; and, further, if in reply to that inquiry he, Gen- eral' Grant, had not referred to their former conversations, saying that from them the Presi- dent understood his position, and that his (Gen- eral Grant's) action would be consistent with the understanding which had been reached. To these questions General Grant replied iii the affirmative. The President asked General Grant, if, at the conclusion of their interview on Saturday, it was not understood that they were to have another conference on Monday, before final action by the Senate in the case of Mr. Stanton,^ General Grant replied thati such was the un-. derstanding, but that he did not suppose the Senate womd act so soon ; that on Monday, he had been engaged in a conference with General Sherman, and was occupied with " many little matter^," and asked if " General Sherman hft4 not called on that day.'' I take this mode of complying with the re-' quest contained in the President's letter to me, because -my attention had been called to the subject before, when the conversation between' the President and (Soneral Grant was under con- sideration. Very respoctfully, your obedient servant, Alex. W. Eandall, Postmaster General, To the President. leiteb of the secebtaet of the interiob. Depaetment of the Inteeiob, Washington, D. C, February^, l8o8. SlE: I am in receipt of Jrours of yesterday," calling my attention/to a correspondence, be- tween yourself and General Grant, published ia the Chronicle newspaper, and especially to that part of said correspondence "which refers to tha conversation between the President and Qeaeral Grant at the cabinet ' meeting on Tuesday, the 14th of January," and' reque.'?ting me "^to state what was said in that conversation." In reply, 1 submit the following staifemenit:. At the cabinet meeting on Tuesda,y, thel;4th of January, 1868; General Grant appeared and toofc his accustomed seat' at the Board. Wllen, he 'had been reached in the order o£~ bjilsio«8s,. bb.^ POLITICAL MANUAL. President asked him, as usual, if he had any- thing to preisent. In reply, the General, after referring to a note which he had that morniDg addressed to tlije President, enclosing a copy of the resolution of the Senate refusing to concur in the reasons for the suspension of Mr. Stanton, proceeded to say that he regarded bis duties as Seeretary of. War ad interim terminated by that resoluuLon, and that ha could not lawfully exercise such duties for a moment after the adoption of the resolution by the Senate ; that the resolution reached him last night, and that ^his mornihg he had gone to the War Department, entered the Secretary's room, bolted one door on the inside, looked the other on tl>e outside, de- livered the key to the Adjutant General, and .proceeded to the headquarters of the army, and addressed the note ahuve mentioned to the Pres- ident, informing him that hs (General G«ant) vjas no longer Seoretany of .War adintenm. ' ' The President expressed gceat surprise at the. OQurae which General Grant had thonght proper to pursue, and, addressing himgelifto ttw General,, proceeded to say, in substance, that he had an- ticipated such action on the part i|if the. Senate, aiia being very desirous to have the constitu- tionality of the tenure- of-ofilce bill tested, and' his right to Auspend .or remove a member of ihe cabinet decided by the judicial tribnna.lg of the country, he had some time ago,.and sho^-tly after General Grant's appointment as Secietary o£i War ad, interim,, a&ked to;a- wouid thereby be reiflstat^d.iand, that he.(Gi;^iit) could not continue thereafti^r to act-as Sejiretary of War ad, inferirn, without subjecting himself to fine and imprisonment, and that he ,eawj?.o.Y6r on Saturday to infora the President of this chsi^ge.ifl hip, vjem aod did so it/^rja hi,m ; that the President replied that he had not suspendfe.d Mr. Stanton ii'n'der the tenure of-office bill, but under the Constitution, q.nd had appo^njied hj|h (Gi-ant) by virtue pf the authority derived from the Constitution, Ac.'; that th^ coriti'nned'to discuss the ma'tter'some time, and, finally, he l^ft without any conclusion having been reached, expecting to see the President aJgaiii on Mondi}/'. He then propeeded to explain why he had not called on the President on Monday, saying thit he had had a long interview with General Sher- man, that various little matters had. ocdnpiedhis time till it was late, and that he did not thinfe the Senate would act sp soon, and aske(l : " Did npt General Sherman call on yoii on Mond.ay ?" 1 do not know wliat passed oetweep thePresi- dent and General Grant On Saturday, except iW I learned it from the conversation between th^m at the cabinet meetii^g on Triesday, and the fore- going is substantially what then occurred,- '^he precise words used on the occasion" are not, *pf course, given exactly in the order in which they were spokenrbut the ideas expressed and the facts ^tfttsd are ifiithfully preserved and pre- sent^^, I have the hpnor to b,e, BJfj, witl) gijeat res-pftst. your obedient eervivnt, O, Bt. Bko-wsih?,.. The Pbesident. LETTER OP THE SEOBETJABT OF STATE. DflPA?.g;Mj;ttT ■OF State, Washiugtqw, 'Fsliiruciry 6, 18Q8- ; Sot,;, The .m.e^tjng to whJfih yq\i refer jn-yopiTi letter was a regular cabinet meciting. While y\^, members were assembling, and befc.re the Presi- dent had, epf^ered tlje cqnnfiij chamber, Qep^^, G^'ant, on coming in, sai?!,. to me thfi,t he was ia ^tteindance there notae ?. member of the cs^bii^pti but upon invitation, and I rep^lied by .the inquury. whether .there w?is, a change, in. the Wair Depart, CORRESPONDENCE BETWEEN GRANT AND JOHNSON. 291 ment. After the President had taker? his seat business went on in the usual way of hearing Saatters submitted by tlie several secretaries, when the time came for the Secretary of War, General Grant said that ha was now there, not as Secretary of War, but upon the President's invi- tation ; that he had retired from the Wap De- ,partment. A slight difference then appeared about the supposed invit;ation. General Grant sayipg that the offiper who haA borne his letter to the President that morning, announcing his retire- iinent from the War Department, had told him that the President desired to see him at the cab- iBet; to \y,hich the President answered, that when General Grant's qommunioa.tion was de- livered to him, the President simply replied that he supposed General Grant would be very soon at the cabinet meeting. I regarded the conver- sation thus begun as ao incidental one. It went on quite informally, and consisted of a statement pn your part of your views In regard to the un- ,clerstanding of the tenijre upon which General Grant had assented to hold the War Depai;tmeijt ad interim, and of his replies by way of apswer and explanation. It was respectful and courteous pn both sides. Being in this conversational form, its details could only harVe been preserve^ by verbatim report. So far as I know, no such .Mport was made at the tispe. I can only give the general effect of the conversation. Certainly you stated that although you bad reported the j-eason&fQr Mr. Stanton's suspension to the Sen - fttfe, you nevertheless held that he would not be entitled to resume the office of Secretary of War, even if the Senate should disapprove of his sus- pension, and that you had proposed to have the question tested by judicial process, to be applied to the person vfho should b? the incumbent of the Department, under your designation, of Sec- rtdtary of War ad intexim, in the place of Mr. Stanton. You contended that thjs was well un- derstood between yourself apd General Grant ; mat when he entered the War Department as Secretary ad 'interim, i\e expressed his cpncur- renpe in the.belipf thfit the q^iestiqnof Mr. Stan- ton's restoration would be a question for the courts; that in a subsequent conversation with General Grant you bad adverted to thp undeir- standing thus had, and that General Grant ex- pressed his concurrence in it; that at some con- versation which had been previously held General Grant said he atill adhered to the same construc- tion of the law, but said if he should change hie opinion hs would give you seasonable notice of it, so that yon should, in any case, be placed in the same position in regard to the War Depart- ment that you were while GSneral'Grarit held it ad interim. I did notunderstand General Grant as denying, nor as. explicitly admitting these statements in the form' and full extent to which you. made them. His admission of them was , rather indirect and circumstantial, though I did mot understand it to be an evasive on'e.l • He said that reasoning from what occurred in the case of the' police in Maryland, which he regarded as a . parallel one, he was of opinion, and so ' assured you, that it woulo be his right' and duty, under your instructions, to hold the War Qffice after the Senate should disapprove of Mr. Stanton'? suspension, until the question should be decided upon by ttiecburts ; that he remained until very recently of that opinion, and that on the Satur- day before the cabinet meeting a conversation was held between yourself and him, in which the subj eot w?i,s generally discussed ■ 'General Gran t's statement v/as, that in that conversation he had stated to you the legal difficulties which might arise, involving fine and imprisonment under the civil-tenure bill, and that he did not care to sub- ject himself to those penalties ;, that you replied to this remark that yoii regarded the civil-tenure bill as unconstitutional, and did not think it? penalties were to be feared, or that you would voluntarily assume them ; and you ihsistedi that General Grant should either retain the bfiice un- til relieved by yourself, according to what you claimed was the origina.1 understanding between yourself and him, or, by seasonable notice 'of change of purpose on his part, put yqu in| the same situation in which you would be if he adr hered 'S'ou claimed that General Qrapt finally said in that Saturday's conversation that you understood his views, and his proceedings there- after would be consistent with what had been so under-stood. General Grant did not controvert, nor can I say that be admitted this last statement. Certainly General Grant did not at any tiDifl ii> the cabinet meeting insist that be had, in the Saturday's conversation, either distinctly qr finally advised you of his determination to retire from the charge of the War Department other- wise than under your own subsequent direction. He acquiesced in your stateinent that the Satur- day's conversation ended with an expectation that there would be a subsequent conference on the subject,, which he, as well as yourself, sup- posed could seasonably take place on Monday. Yqu then alluded to the fact that, General Grant did not call upon you on Monday, as you had expected from that conversation. General Grant adinitted that it wag his expectation or purpose to call Upon you .on Monday. General Grant assigned reasons' for the omission. He said he was in conference with General Sherman; that ithere were many Hltle matters to be attended ito; he had conversed upon the matterof the ia- ciimbenoy of the War Department with General Sherman, and he expected that General Sher- man would call upon you on Monday. My own mind suggested a farther explanation ; but I do ;nbt remeriiber whether it was mentioned or not, inamely: that it was not supposed by Qenoral ^Grant on Monday that the Senate would decide ithe que.stibn 80 promptly as to anticipate further 'explanatiq.nb«^ween yourself and him, if delayed jbeyond that day. General Grant made another iexplanalion, that he was engaged on Sunday jwith General Sherman, and'I thipk also on 'Monday, in regard to the War Departmei t mat- ter, with a hope, tho'ugh he did riot saj in aii effort, to prdcure an amicable settlement of the affair of Mr. Stanton, and he still hoped that it would be brought about! I have tha honor to be, with great respect, your obedr.ant's'srvant, ' William'H. Se^ahd. Tu tTSO PEEarDBNT. 292 POLITICAL MANUAL. 8. — OENEEAL GHAUT TO THE PRESIDENT. HEADQ,tj'K3 AeMT OF THE UNITED STATES, VfASBiTsaTOH, I). C, February 11, 1868. His Excellency A. Johnson, President of the United IStates. SiE: I have the honor to acknowledge the re- ceipt of your communication of the 10th instant, accompanied by statements of five cabinet min- isters, of their recollection of what occured in cabinet meeting on the 14th of January. With- out admitting anything in these statements where they difff-r from anything heretofore stated by me, I propose to notice only that portion of your communication wherein I am charged with in- subordination. I think it will be pla^n to the reader of my letter of the 30th of January, that I did not pi'opose to disobey anj' legal order of the President, distinctly given ; but only gave an interpretation of what would be regarded as satisfactory evidence of the President's sanction to orders communicated by the Secretary of War. I will say here that your letter of the 10th in- stant contains the first intimation I have had that you did not accept that interpretation. Now, for reasons for giving that interpreta- tion: It was clear to me, before my letter of January 30th was written, that I, the person having more public business to transact with the Secretary of War than any otlier of the President's subordinates, was the only one who had been instructed to disregard the authority of Mr. Stanton where his authority was derived as agent of the President. On the 27th of January I received a letter from the Secretary of War, (copy herewith,) directing me to furnisn escort to public treasure from the Rio Grande to New Orleans, &c., at the request of the Secretary of the Treasury to him. I also send two other enclosures, shewing recognition of Mr. Stanton as Secretary of War by both the Secretary of the Treasury and the Postmaster General, in all of which cases the Secretary of War had to call upon me to make the orders re- quested, or give fhe information desired, and where his authority to do so is derived, in my view, as' agent of .the President. With an order so clearly ambigiious as that of the President, here referred to, it was my duty to inform the President of my interpretation of it, and to abide by that interpretation until I received other orders. Disclaiming any intention, now or heretofore, of disobeying any legal order of the President, distinctly communicated, I remain, very respect- fully, your obedient servant, U. S. Grant, Oeneral. (lETTBB op 8E0EETAET STANTON. Was Depaetmbnt, , Washinoton Citt, January 27, 1868. Genbeal; The Secretary of the Treasury has requested this department to afford A. F. Ban- dall, special agent of the Treasury Department, such military aid as may be necessary to secure and forwara for deposit from Brownsville, Texas, to New Orleans, public moneys in pos- session of custom-liouse officers at Brownsville, and which are deemed insecure at that place. You will please give such directions as you may deem proper to the officer commanding St Brownsville to carry into effect the request of the "Treasury Department, the instructions to ha sent by telegraph to Galveston, to the cate of A. F. Randall, special agent, wlio is at Galveston waiting telegraphic ordersj there being no tele- graphic communication with Brownsville, and the necessity for military protection to th« pub- lic moneys being represented as urgent, - Please favor me with a copy of such instruc- tions as you may give, in order that they may be communicated to the Secretary of the Trea- sury. Yours, truly, Edwin M. Stanton, Secretary of Wa/r. To General U. S. Geant, Commanding Army United States. LETTEE OP SEOEETASr M'oULIiOCH. Tbeasuet Depaetment, January 29, 1868. Sib : It is represented to this department that a band of robbers has obtained such a foothold in the section of country between Humboldt and Lawrence, Kansas, committing depreda- tions upon travellers, both by public and pri- vate conveyance, that the safety of the public money collected by the receiver of the land office at Humboldt requires that it should be guarded during its transit from Humboldt to Lawrence. I have, therefore, the hbnor to re- quest that the proper commanding officer of the district may be instructed by the War Depart- ment, if in the opinion of the Hon. Secretary of War it can be done without prejudice to the public interests, to furnish a sufficient milit?,ry guard to protect such moneys as may be' in transitu from the above office for the purpose of being deposited to the credit of the Treasury of the United States. As far as we are now ad- vised, such service will not be necessary oftener than once a month. Will you please advise me of the action taken, that I may instruct the receiver and the Commissifiner of the General Land Office in the matter. Very respectfully, your obedient servant, H. McCULLOOH, Secretary of the Treasury. To the Hon. Seceetaet op Wae. Respectfully referred to the General of the army to give the necessary orders in this case, and to furnish this department a copy for the [ information of the Secretary of the Treasury. , By order of the Secretary of War. Ed. Soheivee, Inspector GeneraL LBTTKB OF IHB SECOND ASSISTANT POSTMASTEB QENEEAL. Post Oppioe Depaetment, Conteact Ofpiob, Washington, February 3, 186bi SiB: It has been represented to this depart- ment that in October last a military commissioB was appointed to settle upon some general plan of defence for the Texas frontiers, and that "the said commission has made a report recommend- ing a line of posts from the Rio Grande to the Red river. ' An application is' now pending in this depart- LETTERS, PAPEBS, TESTIMONY, ETC. 293 Bieut for a pliange in the course of the San An- tonio and El Paso mail, so as to send it by way of Forts Mason, Griffin, and Stockton, instead •of by camps Hudson and Lancaster. This application requires immediate decision, but be- fore final action can be had thereon it is desired to have some official information aa to the report of the commission above referred to. Accordingly, I ha-»e the honor to request that you will cause this department to be furnished, as early as possible, with the information de- sired in the premises, and also with a copy of the report, it any has been made by the com- mission. Very respectfully, &c., &c., GEOBaBW. MoLellan, Second Assistant Postmaster General. The Honorable the Seoeetaet oe Wae. Eeferred to the General of the army for report. Edwin M. Stabtoit, Fbbeuabt 3, 1868. Secretary of War. XXVT. LETTERS, PAPERS, TESTIMONY, POLITICO-MILITARY ORDERS, AND REPORT OF GENERAL GRANT.* Oeneral Grant's Orders respecting Slaves, issued in the Field. Headciuaetees Dist. op West Tennessee, FoET DoNELSON, February 26, 1862. Geoernl Orders, No. 14. I. General Order No 3,' series 1861, from headquarters department of the Missouri, is ^till in force and musi be observed. The neces- sity of its strict enforcement is made apparent by the numerous applications from citizens for ptermissson to pass tnrough the camps to look for fugitive slaves. In no case whatever will per- mission be granted to citizens for this purpose. il. All slaves at Fort Donelson at the time of its capture, and all slaves within the line of inilitary occupation that have been used by the enemy in building fortifications, or in any man- ner hostile to the Government, will be employed by the quartermaster's department for the bene- fit of the Government, and will under no circum- stances be permitted to return to their masters., III. It is made the duty of all officers of this command to see that all slaves abpve indicated are promptly delivered to the chief quartermaster . of the district. By order of Brig. Gen. U. S. Gbanx. , Jno. a. Eawlins, a. a. Q. Headquaetees Dist. of West Tennessee, CoEiNiH, Miss., August 11, 1862. General Orders, No. 72. Eecent acts of Congress prohibit the army from returning >fngitives from labor to their claimants, and authorize the employment of such persons in the service of the Government. The following orders are therefore published for- the guidance ot,the army in this military district in this matter. L' All fugitives thus employed must be regis- tered, the names of the fugitives and claimants given, and must be borne upon morning reports ofithe command in which tliey are kept, showing how they are employed. * Por other papers of Geiierul Grant, see pages 67, 68, 120, 121,123 123 of the Miinnal of 1S66, and 73, 74, and 78 of the Mjviiwal of 1SB7 ; or 67, 68, 120,, 121, 122, 123,199, 200, and aoi' ol\( he oolubined Manuals. , II. Fugitive slaves may be employed as labor- ers in the quartermaster's, subsistence, and en- gineer departments, and wherever by such, em- ployment a soldier may be saved to the ranks. They may be employed us teamsters, as com- pany cooks (not exceeding four to a company,) or as hospital attendants or nurses. Officers may employ them as private servants, in which latter case the fugitive will not be paid or rationed by the Government. Negroes not thus employed will be deemed unauthorized'persons, and must be excluded from the camps. III. Officers and soldiers are prohibited from enticing slaves to leave their masters. When it becomes necessary to employ this kind of labor, commanding officers of posts or troops' must send details (always under the charge of a suita- ble non-commissioned officer) to press into service the slaves of disloyal persona to the number required. IV. Citizens within the reach of any military station, known to be disloyal and dangerous, may he ordered away or arrested, and their crops and stocks taken for the benefit of the Governmentor the use of the army. V. All property ' taken from rebel owners must be duly reported and used for the benefit of Government, and be issued to troops through the proper departments, and, when pract'uable, the act of taking should be avowed by the' writ- ten certificate of the officer taking, to the owner or agent of such property. 'It is enjoined on all commanding officers to see that this order is strictly executed. The de- moralization' of troops consequent on being left to execute laws in their own way, without a proper head, must be avoided. By order of Maj. Gen. U. S Geant. Jno. a. Eawlins, A. A. O HEADftUAETEES BePAST. OE THE TENNESSEE, Milliken's Bend, La., April 22, 1863- General Orders, No. 25. [Extract.] I. Corps, division, and post commanders will afford all facilities for the completion of the negro regiments now organizing in this depart- ment. Commissaries will issue supplies and 294 POLITICAL MANUAL. quartermasters will furnish stores on the same requisitions and returns as are required i'rom otner troops. ' ' It is expected that all commanders will espe- cially exert thetoselves in carrying out the policy o£ the ad'tfiinistratioii, not only in organizing col- ored regiments and rendering them efficient, but also in removiiig prejudice against them. * * By order of Maj. Gen. U S. G'EAiiT. ' Jno. a. Rawlins, A- A. 0. HEADdUAETEBS DePAKT. OF THE TENNESSEE, VicKSBUKO, Miss., August 10, 1863. General Orders, No. 51. I. At all military posts in States within the department where slavery has been abolished by the proclamation of the President of the United States, camps will he established for such freed people of color as are out of emj>loyment. II. Oommanders of ppsts or districts will de- tail suitable officers from the army as superin- tendents of such camps. It will be the duty of such superintendents to see that suitable rations are drawn from the subsistence department for such people as are cpnfided to their care. III. All such persons supported by the Gov-' ernment will be employed in every practicable way, 80 as to avoid, as far as possible, their be-i coming a burden upon jthe Government. They may be hired to planters, or other oitizeus, on proper assurances that the negroes so hired will not be run off beyond the military jurisdiction of the United States ; they may be employed on any public works ; in gathering crops from abandoned plantations ; and generally in any manner local commanders may deepa for the best interests of ;the Government, in compliance with law and the policy of the administration. IV. it will be the duty of the provost mar- ehal at every military post to see that every negro within the jurisdiction of;th6 military authority is employed by some white person, or is sent to the camps provided for freed peoiple. V. Citizens may make contracts with freed persons of color for their labor, giving wages per month in money, or employ families of them Dy the year on plantations, &c., feeding, cloth- ing, and supporting the infirm as well as the able-bodied, and giving a portion — not less than one-twen,tieth-^of the commercial part of their crops in payment for such service. VI. Where the negroes are employed under this authority, the parties employing will register with the provost marshal their names, occupa- tion, and residence, and the number of negroes employed. They will enter into such bonds as the provost marshal, with the approval of the local commander, may require, for the kind treatment and proper care of those employed, and as security against their being carried be- yond the employer's jurisdiction. VII. Nothiqa in this order is to be construed to embarrass ,tla,e employment of such colored persons as may be required by the Government. By order of Major General U. S. Grant, T,S. BowBSs, .4.4. -4. G. Heae^ttaetees Dbpabt. of the Tenness4e, ViOKSBUEO, MiBS., August 23, 1863. General Orders, No. 63. I, Hereafter, negroes will not be allowed in or about the camps of white troops, except auch as are properly employed and controlled. , .^.^ II. They may be employed in the quarter- master's department, subsistence department, medical department, as hospital nurses and laun- . dresses, in the engineer department as pioneers. Aa.far as practicable, such as have been or may be rejected as recruits for colored regiments \>^ the examining surgeon, will be employed about hospitals and in pioneer corps. III. In regiments and companies they may be employed as follows : One cook to each fifteen men, and one teamster to each wagon. Officers fflay employ them as servants, but not in greater number than they are entitled to commutation for. IV. Commanders of regiments and detach- ments will see that all negroes in or about their respective camps, not employed as provided in this order, are collected and turned over to the provost marshal of the divisfon, post, or army corps to which their regiment or detachme'nt belongs. V. Provost marshals will keep all negroes thus coming into their hands froin straggling and wandering about until they can ha put in charge of the superintendent of the camp for colored people nearest them ; and all negroes unem- ployed, in accordance with this or previous orders, not in and about camps of regiments and detachments, will be required to go into the camy)s established for negroes, and it is enjoined upon provost marshals to see that they do sa. VI. Recruiting for colored regiments in negro camps will be prohibited, except when special authority to do so is given. VII. All able bodied negro men who are found, ten days after publication of this order, without a certificate of the officer or person em- ploying them, will be regarded as unemployed, and may be pressed into service. Certificated given to iiegroes must show how, when, and by whom they are employed, and if as officers' ser- vants, that the officer employing them has hot a greater number than by law he is entitled to commutation for. By order of Major General U. S. Gkant. Jilo. A. Rawlins, A. A. G.. Letter on Slavery and Becotistruction. VioKSBuka, Mississippi, August 30, 1868. Hon. E. B. Wabhbcene. DfiAESib: * * » The people od the North need not quarrel over the institution of slavery. What Vice President Stephens acknowledges the corner-stonfi of the Confed- eracy is already knocked out. Slavery is already dead, and cannot be resurrected. It would take a standing army to maintain slavery in the South, if we were to make peace to-day, guaran- teeing to the South all their former sonstitutiotial privileges. I never was an abolitionisti not even what cpuld be called anti-slavery j but I try to j,udge fairly and honestly, and it became patent to my mind early in the rebellion that the North and South could never live at peace with each other except as one nation, and that without slavery. As anxious as I am to see peace estab- lished, I would not, thetefore, be willihg to seo LETTERS, PAPERS, TESTIMONY, ETC. 296 atty settlement until this question i» forever iettled. Your sincere friend, U. a Gbam. On being a Candidate for Polidcal Office. Nashville, TENNESSEi, January 20, 1864. Hon. I. N. Morris. : Dear Sib: Your letter o.f the 29lh of D«ceni- ber I did not receive until twodaya ago. I re- eeive maTiy such, but do nbt answer. Yours, however, is written in suuh a kindly, smirit, and as you ask for au answer, confidentially, I will ■not withhold it, Allow me to say, however, that I am not a politician, never -wa8,and hope never to be, and could not write a political letter. My only desire is to serve the country iu her present trials. To do this efficiently it is necessaiy to have the confidence ol' tlie ai'ray and the people. I knovtrnoway to belter secure this end than by a faithful performance of tiiy duties. So long as I hold my present position, I do not believe that I have the right to criticize the policy or orders of those above me, or to give utterance tb views of my own except to the authorities at Washing- ton, through the General in-Chief of the army. In this respect, I know I have proven myself a, " good soldier." In your letter you aay that I have it in my power to be the next President. This is the last thing in the world I desire. I would regard such a consummation as being highly unfortunate fOr myself, if not for the country. Through Provi- dence I have attained to more than I ever hoped, and with the position I now hold in the regular army, if allowed to retain it, will be more than satisfied. I certainly shall never shape a senti- ,ment, or the expression, of si thought, with a view of being candidate for office. I scarcely know the inducement ^hat could be held ont to me to accept office, and unhesitatingly say that I in- finitely prefer raypresent position to that of any civil office within tiie gift of the people. This is a private letter to you, not intended for others to see or read, becapse 1 want to avoid being heard from by the public except through acts m the performance of my legitimate duties. ,1 have the honor to be, very respectfully, your obedient servant, U. S. Gbaht. On iElesults of "Peace on anyTermB." HEADft'ES Armies or the Uhited SiiTES, City Po'int, Va., August 16, 1864. Hon. M. B. Warhbuekb. . - .. Dear Bie. -. I state to all citizens who visit me that all we wagt now to insure an early restor- ation of i,]\jst tJnion., is a determine^ unity of |ientiment North. The I'iebels have now in their ranks their last man. The little hoys and old men are guarding prisons, guarding railroad bridges, and forming a good part of their gar- risons for entrenched positions. A man lost by them cannot be replaced. The^ :have robbed alike the cradle and the graVe to get their present force. Besides what they lose ,)n frequent skirmi«1ies and battles, they are now i.losinf!, from desertions and other causes at least one rogiitient per da,y. With this drain upon them the, end i.s not far distant if we will only bo true to ourselves. Their only hope now is in a divided North. This might give them rein- foroeih'ents from Tennessee, Kentucky, Marf- tod, and Miesotiri, while it would Weaken as. With the draft quietly enforced, the enemy would become despondent and would make but little resistance. I hWe no doiibt but the enemy are exceed- ingly anxion's to hold out until after the Presi- dential electioh. They have many hopes from its effects. They hope a counter revolution; they hope the Mectidi of k pSace candidate ; in fact, llkelMiCSiwber, they hope fbr Something to turn up. Our peace friends, if they expect peace froib Separati&n, are much niistakeo. It would be but the beginning of war, With thousands of Brifthefn nseti joining the 'South, because of our disgracein allowing separafioti. To have " peace on any terms," the South would demand the restoration of their slaves already freed. They woilld demand indemnity for losses sustained, and they Would demand a treaty which would make the North slave-hunters for the South. They Would demand pay tr the restoration of every' slave escaping to the North. Yours, truly, U. S. Graht. On Pilli&Ef the Armies. City Point, 'September 13, 1864, 10.30, , a. m. Hon. Edwin M. Stabton, Secretary of War. W^ ought to have the whole number of men called for by. the President in the shortest possi- ble, time. Prompt .action in filling our armies will have more effect upon the enemy than a victory over them. They profess to believe, and rnake their men believe, there is such a party North in favor of recognizing southern independ- ence, that the draft cannot be enforced. Let them be undeceived. Deserters come into our lines dailyi who tell us that the men are nearly universally tired of the war, and that desertions would be much more frequent, but that they be- lieve peace will be negotiated after the fall elec- tio^i. Theenforoeinentof the draft and prompt filling up of our arraieji will save the shedding of blood to an immense degree, ' U. S. Gra'ht, Lieutenant General. » Oil Protecting Colored Soldiers. HeAD^'eS AEMtES OF THE UlTITEI) StATBB, October 29, 1864. General R. B. Leb, 0. S. A., Commanding. Arri/,y Noriliern Virginia. General : Understanding from yon ;■ letter of the 19th that the colored prisoners v.'i-.o are em- ployed at work in the trenches near Fort Giimer have been withdrawn, I have directed thr; with- drawal of the Confederate prisoners employed in the Dutch Gap canal. I shall always regret the necessity of retaliat- ing for wrongs done our soldiers ; nut regard it my duty to protect all persons received into tue army of the United States; regardless of color oi nationality. When acknowledged soldiers of the Government are captured they must be treat- ed as prisoners of War,'br such treatment as they receive will be inflicted upon an eqtial number of prisoners held by us. I have nothing to do with the discussion of 296 POLITICAL MANRAL. the slavery question : therefore decline answer- ing tlie arguments adduced to show the right to return to former owners such negroes as are cap- tured from our army. In answer to the question at the conclusion of your letter, I have to state that all prisoners of war falling into my hands shall receive the kind- est treatment possible, consistent with securing them, unless I have good authority for believing any number pf our men are being treated other- wise. Then, painful as, it may fce to me, I shall infiict like treatment on an equal number of Con- federate prisoners. Hoping that it may never become my duty to order retaliation Upon any man held as a prisoner of war, I have the honor to be, very respectfully, your obedient servant, U. S. Geant, Lieuienant General. General Grant's Testimony before the Committee on the Conduct of the War, on Exchange of Frisoners, February 11, 1865. Q. It is stated, upon what authority I do not know, that you are charged entirely with the exchange of prisoners. A. That is correct. And what is more, I have effected an arrangement for the exchange of prisoners, man for man and officer for officer, or his equivalent, according to the old cartel, until otfe or the other party has exhausted the number they now hold. I get a great many letters daily from friends of prison- ers in the South, every one of which I cause to be answered, telling them that this arrangement has been made, and that I suppose exchanges can be made at the rate of about 3,000 a week. The fact is, that I do not believe the South can deliver our prisoners to us as fast as that, on account of want of transportation on their part. But just a* fast as they can deliver our prison- ers to us, I will receive them, and deliver their prisoners to them. Q. There is no impediment in the way? A. No, sir ; I will take the prisoners as fast as they can deliver them. And, I would add, that after I have caused the letters lo be answered, I re- fer the letters to Colonel Mulford, the commis- sioner of exchanges, so thjit he may effect special exchanges in those cases wherever he can do so. The Salisbury pri-'oners will be coming right on. I myself saw Colonel Hatch, the assistant com- missioner of exchanges on the part of the South, and- ho told me that the Salisbury and Danville prisoners would be coming on at once. He said that he could bring them on at the rate of.5,000 or 6,000 a week. But I Jo not believe he can do that. Their roads are now taxed to their utmost capacity for military purposes, and arc becoming less and less efficient every day. Many of the bridges are now down. I merely fixed, 19 a matter of judgment, that 3,000 a week will be as fast as they can deliver them. Q. The fact is, that there is no impediment now in the way except the lack of transporta- tion ? A. That is all. There is no impediment on our side. I could deliver and receive every one of them in a very short time, if they will deliver those they hold. We have lost some two weeks lately on account of the ice in iho river. Q. It 1: ao been said that we refused to ex- change prisoners because we found ours starved,: diseased, and unserviceable when vre received: them, and did not like tc exchange sound men for such men ? A. There never has been any such reason as that. That has been a reason for making exchanges. I will confess tliat if our men who are prisoners in the South were really" well taken care of, suffering nothing except; a little privation of liberty, then, in a military: point of view, it would not be good policy for us to exchange, because every man they get back is forced right into the army at once, while that is not the case with our prisoners when we receive them. In fact, the half of our returned prisoners will never go into the army again, and none of them will until-jfifter they have had a furlough of thirty or sixty days. Still, the fact of their suffering as they •do is a reason for making this exchange as rapidly as possible. Q. And never has been a reason for not ■ making the exchange ? A. It never has. Ex- changes having been suspended by reason of disagreement on the part of agents of exchange on both sides before I came in command of the armies of the United States, and it then being near the opening of the spring campaign, I did not deem it advisable or just to the men who had to fight our battles to reinforce the enenly with thirty or forty thousand disciplined troops at that time. An immediate resumption of ex- changes would have had that effect without giv- ing us corresponding benefits. The suffering said to exist among our prisoners South was a powerful argument against the course pursued, and so I felt it. General Grant and the Proposed Mission to Uexico. gbneeal geant to seoeetaet stasioir. Headq'es Aemies of the United States, Washington, October 27, 1866.. Your letter of this date, enclosing one from the President of the United States of the 26th instant, asking you to request me " to proceed to some point on onr Sfexioan frontier most . suitable and convenient for communication with our minister; or (if General Grant deems it best) to accompany him to his destination in Mexico, and to give him tne aid of his advice in carrying out the instructions of the Secretary of Stale," IS received. Also, copy of instructions to Hon. Lewis D. Campbell,jninister to Mexico, accompanying your letter, is received. The same request was made of me one week ago to-day, verbally, to which I returned a written reply, copy of which is herewith enclosed. On the^3d instant, the same request was re- newed in cabinet meeting, where I was invited to be present, when I again declined respectfully as I could the mission tendered me; with reasons. I now again beg most respectfully to decline the proposed mission for the following additional reasons, to veit : Now, whilst the army is being reorganized, and troops distributed as fast as organized, my duties require me to keep within telegra^jhiii communication of all the department command- ers, and of this city, from which orders must emanate. Almost the entire frontier between the United States and Mexico is embraced in the LETTERS, PAPERS, TESTIMONY, ETC. 297 4fepartments commanded by QoneraU Sheridan Mid Hancock, the command of the latter being ombraced in the military division under Lieu- tenant General Sherman, three officers in whom the entire country has unbounded confidence. -Either of these general officers can be in- structed to accompany the American minister to tbe Mexican frontier, or the one can through whose command the minister may propose to pass in reaching his destination. If it is desirable that our minister should com- miinicate with me he can do so through the offi- cer who may accompany him, with but very little delay beyond what would be experienced if I were to accompany him myself. I might add that I would not dare counsel the minister in any matter beyond stationing of troops on the United States soil, without the concurrence, of the administration. That concurrence could be more speedily had with me here than if I were upon the frontier, The stationing of troops would be as fully within the control of the accompanying officer as it would of mine. I sincerely hope I may be excused from un- dertaking a duty 60 foreign to my office and tastes as that contemplated. U. S. G-EAHT, General. Hon. E. M. Stanion, Secretary of War. General Grant and the Baltimore Tronbles of October, 1866. 1.— HJENEBAL GBANT TO PRESIDENT JOHMSOIT. Head^'es Aemies op the United States, Washington, October 24, 1866. HJB Excellency A. Johnson, Frmdent of the United States, I have the honor to enclose to you the within report from General Canby, commander of this iDuitary department, upon the threatened vio- lence^ in the city of Baltimore previous to the approaching elections. Upon receiving your verbal instructions of the 20th • instant, to look into the nature of the threatened difficulties in Baltimore, to ascertain what course should be pursued to prevent it, I gave General Canby, whose department embraces the State of Mary- land, instructions, also verbal, to proceed to Bsltnnore in person, to ascertain as nearly as he could the cause which threatened to lead to riot and bloodshed. The report submitted is giv«n in pursuance of these instructions. Since the rendition of General Canby's report I had a long conversation with him, and also with Governor Swann, of the State of Maryland. It is the opinion of General Canby and the state- meat of Governor Swann, that no danger of riot need be apprehended unless the latter should find it necessary to remove the present police commissioners of Baltimore from office and to appoint their successors. No action in this di- refition has been taken yet, nor will there be until Friday next, when the trial of the com- missioners before the governor is set to take place. I cannot see the possible necessity foir calling in the aid of the military in advance of even the cause, (the removal of said dommis- sitfners,) which is to induce riot. ,' ' The conviction is forced on my mind that no rcasbn now exists for giving or promising l;he military aid of the eovernment to support the laws of Maryland. The tendency of giving sucb aid or promise would be to produce the ve.ry re- sult intended to be averted. So far there seems to be merely a very bitter contest for political ascendancy in the, State. Military interference would be interpreted as giving aid to one of the factions, no matter how pure the intentions or how guarded and just the instructions. It is a contingency I liope never to see arise in this country, while I occupy th» position of general in-chief of the army, to have to send troops into a Stat% in full relations with the general government, on the eve of an elec- tion, to preserve the peace. If insurrection does come, the law provides the method of calling out forces to suppress it. No such condition seems to exist now. U. S. Grant, General. October 25 — The President asked for the num- ber of troops at convenient statitms; to which General Grant replied, on the 27th, giving them. November 1, President directed Secretary Stan- ton : " In view of the prevalence in various portions of the country of a revolutionary and turbulent disposition, which might at any mo- ment assume insurrectionary proportions and lead to serious disorders, and of the duty of the government to be at all times prepared to act with decision and effect, this force is not deemed adequate for the protection and security of the seat of government. I therefore request that you will at once take.such measures as will in- sure its safety, and thus 'discourage any attempt for its possession by insurgent or other illegal combinations." November 2 — The President gave Secretary Stanton this order : Executive Mansion, Washington, D. C, November 2, 1866. Sib : There is ground to apprehend danger of an insurrection in Baltimore against.the consti- tuted authorities of the State of Maryland, on or about the day of the election soon to be held in that city, and that in such contingency the aid of the United States might be invoked under the acts of Congress which pertain to that sub- ject. While I am averse to any military demon- stration that would have a tendency to interfere with the free exercise of the elective franchise in Baltimore, or be construed into any interfer ence in local questions, I feel great solicitude that, should an insurrection take place, the government should be prepared to meet and promptly put it down. I accordingly desire you to call General Grant's attention to the subject, leaving to his own discretion and judg- ment the measures of preparation and precau- tion that should be adopted. Very respectfully, yours, Andrew Johnsoh. Hon Edwin M. Stanton, Secretary of War. Same day, General Grant sent this telegrani to General Canby;" General B. E. S. Oanbt, Comm'g Depart, of Washington. Enclosed I send yon orders just received from the President of the United States. They fully explain themsglves.,. As commander of the milir tary department incl:iding the State of Mary- 298 POLITICAI. MANDAL Iftnd, you will take immediate steps for carrying them into execution. There are now six or eight companies of infantry ready organized in New York that have been ordered to Baltimore, on their way to their regiments here in Washington and in Virginia. Either visitBaltimore or send a staff officer there to stop these troops at Fort McHenry until farther orders. Also hold one of the infantry regiments on duty in this city in readiness to move at a moment's notice. By having cars ready tn take a regiment allatonce, they will be practically as near Baltimore here as if in camp a few ijjiles from that city. These are all the instructions deemed necessary in ad - Vance of troops being legally called out to sup- press insurrection or invasion. Having the greatest confidence, however, in your judgment and discretion, I wish you to go to Baltimi^re in person and to remain there until the threatened difficulties have passed over. Proper discretion will no doubt go further towards preventing sonfliot than force. XJ. S. Gbant, Ckneral. P. S. — Th§ orders referred to have not as yet been received. When received they will be for- warded to your address, which you will please communicate. November 3 — A cbpy of the President's in- structions was sent to General Canby. November 5 — General Grant reported as fol- lows ; Headq'es Abmies of the Uhitbd States, Baltimobb, Md,, November 5, 1866. Secretary Stantou, Washington, D. C. This morning collision looked almost inevita- ble. Wiser counsels now seem to prevail, and I think there is strong hope'that no riot will occur. Propositions looking .0 the harmonizing of par- ties are now pending. U. S. GeakT, General. General Grant on Martial La# in tei&i. HEADatJAETEBS AtttofiS tlNIIEB StA^ES, January 29, 1867. Respectfully forwarded to the Sftfcrdtary of War.* Attention is invited tb ihatipArt of the within communication which refers to the con- dition of Union men atid fteedrien in Texas, and to the powerles.«hess of the military in the pres- ent state of affairs to afford Ihein protection. Even the moral effect of the presence Of troops is passing away, and a fe* dayi* ago a squad 6f soldiers on duty waS fired oil by citize'ris in Brownsville, Texas ; a tfeport of *hioh i'fl this • This Is the repoH referred t6 i HuAiMjoARMESDi^AiiTKiiriT op tiE 6di>, New Okuanb, Lk.,jdmuity 26, 1867. Obneral: The condition of freeilmen anil Ubion men in -emote yparts of Texas H trnly liorrible the Oovernment (s donnnnced, tiie freediAdii are sbot, (|nd Union men are pei'Si'Cnted if they have tb6 tbilierity to Kltplesa their opilitou. This condition exists In the northeastern counties of the Mate to an alamiing oxteitt Appl nations come to rae ftom the most rospeetahla au- thorities for troops, but troops have sO little power that they are suBlcient only in the moral ^fect VrhiHh their presence has, ;,***,,* * . * * 1 am. Seiieial very respeotfiilly, your obedient servant, P. H. SSERinAW, MajVr Qentrdl UnUtd Statet Anng. General U.S. ChtANT, Commanding Anrna of the u. S., Washmglm, D. C. day forwarded. In my opinion the great nutfl- ber of murders of Union men and freedmen-io Texas, not only as a rule unpunished, but unin- vestigated, constitute practically a state ofin- surrection, and believing it to be the provinc* and duty of every good government to afford protection to the lives, liberty, and property of her citizens, I would recommend the declaration of .martial law in Texas to secure these ends. ■ The necessity for governing any portion of our territory by martial law is to be deplofed. If resorted to, it should be 'lim''ed in its aiS- thority, and should leave all li'cal authoritieB anii civil tribunals free and unobstructed, dntH they prove their inefficiency or unwiliingnesfe ta perform their duties Martial law wonld give security, or compara- tively so, to all classes of citizens, vjithout re^ gard to race, color, or political opinions, aild could be continued until society was capabk of protecting itself, or ulUil the Slate is returned to its full r5ation with the Unidh. The application of martial law to one of these States would be a warning to all, and, if neSes- sary, oonld be extended to others. U. S. Geakt, Qenerai. No action was had by the civil authorities upon the foregoing recomlflendation. General Gt'ant's Testimony before the Ht^nee Committee on the Judi<»ary, July iS, 1367. '&y Mr. Eldridge : Q At what time were you made general of the army by your present title? A. In July, 1«66. Q. Did you after that time have interviews with the President in reference to the conditibil of affairs in the rebel States? A. I have seen the President very frequently on the subject^ and have heard him exfiress his views very fjW- qnently ; but I cannot call to mind any speciat interview. I have been called to cabinet meet- iiigs a number of times. Q. With reference to those matters? A,. Gen- erally, when I was asked to be at a cabinet meet- ing, it Was because some question was up m Which, as fieheral of the army, I would be inter- ested. Q. l>id yoii hSve any interviews with him oh the subject of Wanting kiiihesly or pardon td the officers of the Obnfeaerate army, or to the people of those State's? A, N"ot that' 1 ami aware of. I have oooasiottally recommended SL person for amnesty. I do 'hot recollect ally special interview tliat I have had on the subject. I recollect speaking to hiih^bnce or twice abba|' the time that he issued his proclamation. I thought myself at that time that there was 66 reason why. because a, persoh liad risen to thl^ rank of general, he should be excluded frptii ainnesty afiy more than one who had failed tt reach that rank. I thought his proolaraatioti all right ib far as it excUided graduates frbin Weiit I*oint' or from the Naval Academy, or pB^j soils connected with the governrnent, who naa gone into the rebellion ; but I did not see afiV reason why a volunteer who halppened to i:is8 to thfe rank of general shotild be excluded anj^ more than a colonel. 1 recollect speakitig on that point. Neither did t see much i'easort' Tot LETTERS, PAPERS, TESTIMONY, ETC. 299 the twenty-tliousand-dollar clause. These are the ODly two points that I remember to have spoken of at the time. 1 afterwards, however, tpld him that I tho'ught he was muo'li nearer tight OQ the tweiity-th'Ousand-doUar clause than I was. Q. Do you recollect, when you had that in- terview with him, when you expressed th-ose opinions ? A. About the time of the proclama- tion. Q. Did the President, previous to issuing that proclamation, ask your opinion on th'e variofls points of it? A. I do not McoUeet. 1 bnow that I was present when it Was read, heforfe it ■was issued. I do not think that I was asked my views at all. 1 had the privilege, of cotiW6, heing there, to express my vievra. Q. Was not that the purpose dl jot'v attetid- ance — to get your views on the sub|6ot? A. ,1 cannot say that it was. Ahout that timo I was frequently asked to be present at cabinet meet- ings. Q. Were there other sibjetttS disousBed before you at the meetings referred to ? A. Yes, sir. Whenever I was there all the fiUbjects that "wfflre tip that day were discussed. Q. I speak df that time. A. I imagine not. •iSy recollection is that it was solely to h«ar the proclamation read ; but I would not be positive aa to that. It is my I'ecollBctibn. . Q. Did yon give your opinion to the President liha't it would be better at that time to issue a ?roclamatiou of general amnesty t A. No, sir ; never gave any SQch opinion aS that. l3y gen- feral amnesty I toean universal iSniiesty. Q. Did you give your opinion to the Pfe'sideot that his proclamation interfered with the stipu- lations between yourself and General Lee ? A. No, sir. I frequently had to intercede for Gen- eral Lee and other paroled officers, on lhe;grOuiid tliat their parole, so lobg as they obeyed the laws of the United States, protected them from arrest and trial. The Presiaent at that tinire occupied exactly the reverse ground8,viz., that theyshonld; betriedand pnhishfed. Hfe Wanted to know wheni the time Would came that they should be pun- ished. I told him, not 80 long as thfey tJbeyed the laws and tbiflpUed With thd Stipulation. Thai Was the grotitid that I look. Q. . Did you nbl also inBist %h'^ that applied as Well to the cflmmon soldiers ? A. Of bourse it applied to 'every bni who took tlib {iardlfe; but that matter was not canvassed excfept in case of ib&is of the leadel-s. 1 blaimed that, in silrren- d'ering their Armies 4nd airmS, they had done ^yhal they could nql all of them have been coin- tteiled to do, as a'pbrtion of them could have f leaped. Bat they surrendered in consideration bf the fact that Ihey Were to be exempt from trial 4b long as they conformed to the obligations ^hich they had taken ; and they wej-e ehtilled , tb that. Q. Yo\i looteU on thkl i& the nature of a bitole, atid held that they could ohly be tried Win they violated that Mrole? A. Yes; that was the vie<7 I tbok of the question. 4 That is your vieW still? A. Yes, sir, un- testioriab'ly, . . , , , , , ^ ;. Q. Did you nhdersttad that to apply to Gen- eral Lee ? A. Certainly. Q. That was your understanding of the ar- i-angenient which you made with General Lefi? A. That was my Bnderstanding of an ah-ange- ment which I gave voluntarily. General Lei's army was the flfst to surrender, and I believed that with such terms all the rebel armies Woctld Surrender, and that We would thus avoid bush- whacking and a continuation of the war iti a way that we could make very little prbgrefia with, having no organized armies to meet. Q. Ybu considered that the like terms Wefe given by General Sherman to tbb armies which surrendered to him? A. Yes, sir; to all the armies that surrendered after that. Q. And you held that so long as they kept their parole of honor and obeyed the laws theiy were not subject to be tried by courts? A. That Was my opinion. I will state here that I am not quite certain Whether I am being tried, or who IS being tried, by the questions asked. Mr. Eldridge. I am not trying anybody ; I am inquiring in reference to the President's proclamation, and as to the views he entertained. Q. Did ybii give those views to the President? A. I baVe stated ihose views to the President frequently, and, aS I have said, he disagreed with me in those views. He iusisted on it tbat tha leaders mtist be punished, and wanted to knoW when the time would come that thbSe persona could be tried. I told him, When they violated their parole. Q. Did you cbnSider that that applied to Jef- ferson Davife? A. No, sir; he did riot take any parole. Q. He did not surrender? No, sir. It applied to nb persbn who was captured — only to those Who Were paroled. Q. Di'd the President insist that General Lea should be tried lot treason ? A. He contended forit. Q. 'And you tilaimed to him that the parole which General Lee had given would be violated in »Uch trial? A. I dil. I insisted on it that General Lee would ribt have 'surrendered hii a'rmy, i-nd given tip all their arUis, if he had siipprtsed that After surrender he was going to be tried for treasoii And hanged. I thought we got a f&rygodd equivalent for the lives of a few leaders in getting all their arms and getting thetoselvfes under 'control, bound by their oatts to obey the laws. That was the consideratioa Which, I insis'ted UJjoii, We had received. Q. Did thS President argue that question With ybu ? A. There Was not much arguinent about it ; it Was merely assertion. Q. After you had expressed your opinion trpdii it did he coincide With ybu? A. Nw, Sir; not th^. He afterwards got to agreeing with me on that Subject. I never claimed that thti parole gave thnsfe prisoners any pblitical rights whatever. I thought that that' was a matter entirely with Gorigtess, over whiteh I had no control; that, simply, as general-in-chief commanding the ar- my, I had a right to fetiptilat-e for the surrend^ on terms Whi^h prbtBcted their liveS. That is all I claimed. The parole gave theUt protectioti arid exeinption from punishment foi all ofifentite not in violatidri bf the rules bf civiliz^ warfare, sb long as their parole was kept. lained that I did not. ' Q. Was there any difference of opinion on thst point between yourself and President Johnson at aiiy time? A. On that point there was no diifer- ence of opinion j but there w,a3 as to whether the parole gave, them any privileges or rights. By Mr. Eldridge • Q. He claiming that it did not, and you claiming that it did? A. He claiming that the lime must come when they could be tried and punished, and I claipii.ng that that time could not cam,e except by a violation of their parole. I olaiqqed that I gave them no political privileges, hut that I had a right, as military commander, to arrange terms, of sur- render which should protect the lives of those tirisoners. I believe it is conceded by every- body that I had that right. I know, that Mr. Lincoln conceded it at the time. By Mr. Boutwell : Q. How recently has the President expressed to vou the opinion thaf General Lee, or others wl)0 had the henefit of the parole, ought to be tried and punished? A. Not since about two yea,r8 ago. Q. Have you at any time heard the President majse any remark in i;eference to admission of meinbers of Congress from the rebel States into eithfii -house? A. I cannot say positively what I have heard him say on that siibject I hav^ hpard him say as much, perhaps, in his published speeches last summer^ as I ever heard him say a^all upon that subje'ct. I have heard him say —and 1 think .1 have heard him say it twice in his speeches — that if the North carried the ejections by members enough to give them, with the .soathern memjjer?, a majority, why would they not be the Congress of the United States? 1 tave heard him s^y, that several times. ' By Mr. Williams: y. 'When you say "the North," yon mean the democratic party of the North, or; in other words, the party faijoring his policy? A. I mean if the North carried enough members in favor of the admission of the Sputh. I did not hear him say that, he would ■recognize them as the Congress. I merely heard him ask the question, " why would they not be the Congress i" * By the Chairman : Q. Wh^sn did yon \p9if him say tha,t? A. I hearr.dhim say that in ^ne or two.ofhi.s, speeches. I do not r^^ollect wljfirf. By, Mr. Boiji\yeIl ; Q, Have, you heard kiXa make a remark kindred t;p that olsewih^re ? A.. Yes ; X l^av? heard him say that, aside from hje speeches, in OQuversation. ' I cannot say ju^t whei). It was probably ab.ont that same time. Q. Have ypw heard him, a^t any time, ma^ke any remark or suggestion, concerning the legal- ity of Congress with th,e sputhern members ex- oluded,? A, He a,llflded,to tha,t subjept frequently on hjs'toiir to d/i.icago apd back last sumroer. His speeches were generally repprted with coa^ Bidei;a,ble agcuracy. I cannot jeSpUect what. he said,. exfiq,pt in gene.r^r terpis ; hot I r§9d hjs speeches, at th,e ti,ipe, and they were reporte(j with considerable accuracy. Q, Did yon hear him pay anything in private oij. that subject, either during that trip or at any other liijie ? A. I do not reqoll.ect specially. Q. Did ypo a|i any time hear him make a^y remark conqerning the ,exeQutive department ot th? government ? A. Ho, I never heard him alluqij to .that. ' Q. Pid .you evey hear him make any remark looking to any controversy between Congress apd tlje l^xeciitive? A. , I think, not. By Mr. Marshall : Q. I understand you to say thatyoi} were very anxious, at the close, of the war, that civil governments should be estabr lished in sSme form a? speedily a? possible, an4 that you so advised the President? A. I so ^tgited frequently in his presence. Q. But that you advised h.o particular ioj:m or mode of proceeding? A, I did not. Q;, Were you present when this North Caro- lina proclamation was read in the cabinet ? A. I would npt be certain, hilt my recollection i? that the .first tin^e I'h.ep,rd it read was in the presence, only of the President, the Secretary of War,, and myself. Q. Did you give your assent to that, plan? A. I did not dissent from it. That is. j,ust in accp.i;dan(!6, wijth what I b.av.e .seated. Itw^s a civilm^tter, and, although I was a,n;xiou3 to have something done, I did npt intend to dictate any plann ifib not think I said anything about it, or expressed any opinion about it at that time. 1. lotAed upon it simply as a temporary meas- ure, to es'ta,bljsh a, sort of government, until Con- gress .should tpeetand jejitle the whole question, that it did not raakg much.' difference how it was and done, .so there W.as, a fojm of government there. Q, Were yon present that time by invitation, of the President oi- the Secretary of War ? A. 1 ,mu,st ha,Ye.bee,n.., Q, Were yoij not inyited for the purpose of gettingypur. views as, tQ„whether it was, a judi- cious plan to be adopted for the. time? A. I suppose I was free tp express. my views. I sup^ pose the object was, perhaps, that I might ex- press my views if- 1 qould. suggest any change. Q, Were you afcithe time asked your views in reference to it ? A. I dp not think I was, I tl^ini; it w».s m,e.i;ely .read over., Q. You think yoh neither assented npr. dijir sented? A. I know that if I had been asked the question I would have assented to that or 304 POLITICAL MANUAL. almost anything else that would have given stable government there. Q. In reference to the amnesty proclamation, I wish to know whether you ever gave your opinion to the President as to whether it was too liberal or not liberal enough in its clauses? A. I think I have answered that question pretty fully. When the proclamation was published, I told the President that there were two points on which I disagreed with him — that is, as to ex- cluding volunteer generals, and as to the $20,000 clause. I do not say anything as to whether the rest of it was too liberal or too stringent. I can state what I thought about it, but not what I said about it. Q. I wish to kqow whether, at or about the time of the war being ended, you advised the President that it was, in your judgment, best to extend a liberal policy towards-the people of the South, and to restore as speedily as possible the fraternal relations which existed prior to the war between the two sections? A. I know that immediately after the close of the rebellion there was a very fine feeling manifested in the South, and I thought we Ought to take advantage of it as soon as possible; but since that there has been an evident change there. I may have ex- pressed my views to the President. Q. What is your recollection in reference to that? A. I may have done so, and it. is proba- ble that I did ; 1 do not recollect particularly. I know that I. conversed with the President very frequently. I do not suppose that there were any persons engaged in .that consultation who thought of what was being done at that time as being lasting — any longer than until Congress would meet and either ratify that or establish some other form of government. I know it never crossed my mind that what was being done was anything more than temporary. By Mr. Churchill: Q. You understood that to be the view of the President ? A. I under- stood that to be the view of the President and of everybody else. I did not know of any dif- ference of opinion on that«ubjeot. Q. Did you understand that to be his view as other proclamations appeared from time to time ? A. I cannot say as to that. It would seem that he was very anxious to have Congress ratify his own views. By Mr. Woodbridge: Q. I understood you to say that Mr. Lincoln, prior to his assassina- tion, had inaugurated a policy intended to re- store those governments ? A. Yes, sir. Q. You were present when the subjefit was before the cabinet? A. I was present, I think, twice before the assassination of Mr. Lincoln, when a plan was read. Q. I want to know whether the plan adopted by Mr. Johnson was substantially the plan which had been inaugurated by Mr. Lincoln as the basis for his future action? A. Yes, sir, substantially. I do not know but that it was verbatim the same. Q. I suppose the very pap'er of Mr. Lincoln waa the one acted on ? A. I should think so. I think that the very paper which I heard read twice while M[r. Lincoln was President was the one which was carried right through. By Mr. Churchill : Q .What paper was that? A. The North Carolina proclamation. By Mr. Bontwell : Q. You understood that Mr. Lincoln's plan was temporary, to be either confirmed or a new government set up by Con- gress? A. Yes; and I understood Mr. John- son's to be so too. By Mr. Williams : Q. Was there anything said on that subject, or was that your inference? A. That was my inference. Q. You never heard the President say the plan was to be temporary ? A. No ; but I was satisfied that everybody looked on it as simply temporary until Congress met. Q. You stated that the North Carolina pro- clamation was a continuation of the project submitted by Mr. Lincoln. I wish to inquire of you whether you ever compared them to as- certain whether they were the same or not ? A. No, sir ; I never compared them. I took them to be the very same papers. The papers were substantially the same, if not the very same, EEOALLED AND EXAMINED, JULY 20, 1867. By Mr. Boutwell : Q. Do you recollect hav- ing an interview with the President in company with General Hillyer, on the return of General Hillyer from the South ? A. Since my attention was called to it I do. I did not reraembei' it when I gave my testimony the last day here. Q. What is your recollection of what trans- pired and was said at that interview? A. My recollection is that General Hillyer called to ex- plain to the President what he had seen in tho South, and what he had heard of Ihe views and opinions of the people there ; and that what ha had seen was an acquiescence on the part of the southern people, and favorable to peace, har: mony, and good will. That was said in general terms, but the language I do not remember. Q. Do you recollect whether, at 'that inter- view, there was any expression by the President as to any political policy ? A. No, sir, I do not; I remember General Hillyer said something of having been invited to make a speech in New York, or some place, I do not remember where, and that he should do so, and send me a copy of his speech. I am very sure that he mentioned that in the presence of the President. What he paid in that speech I do not remember now, but I presume the speech could be procured. I re- member that General Hillyer gave the substance of what leading men said "to him in the South. He particularly mentioned Judge Hale, of Ala- bama. He said that Judge Hale very candidly said that when they went into the rebellion thfiy took their lives, property, &c., in their hands, and that when they were defeated, they should accept such conditions as the government chose to give ; and that they claim now that what they did they did in good faith, and would not take it back again. Judge Hale claimed no right whatever after the failure of the rebellion', • except such as was granted to them. That was the point he made. The conversation was made up considerably of instances of that sort. I recollect his mentioning meeting a special party in Mobile, and what occurred there. LETTERS^ PAMaS', TESTIMONY, ETC. 305 = " EroHiK)i!n(\ ViKenriA,' June 13; 1865. Lee, Geueeal E. E. — For benefits, (tnd fiiH re- etoratioa of all rights :aiid privileges extended to thosa included /io amnesty proclamation of the President of 29th May, 1865. Headu'es Aemy oP the United States. 16th' June, 1865. ' EiBpectfuUy forwarded throug'h the Secretary of War to th^ Pireaident, with earnest recom- mendation that the application of General Rob- ert E. Lee for amnesty and pardon may be granted him. The oath of allegiance, required by recent order of the President to accompany applica- ti-Sa, does not accompany this, for the reason, as I am informed by General Ord, the order re- quiring it had not reached Richmond when this was forwarded. U. S. Qeant, lAeuienwnt General.' Richmond, Va., June 13, 1865. Lee, General Egbert E. — Understanding that he and other officers are to be indicted by grand jury at Norfolk, Virginia, states, his readiness to be brought to trial, but ' had sap- ■ posed the terms' of his surrender protected htm; therefore prays, &c. Headq'es' Aemibs or the United States, 16th June, 1865. : In my opinion, the officers and men paroled at Appomattox Court House, and since, upon the same terms given. to Lee, cannot be tried for treason so long as they observe the terms of their parole. This is my understanding. Good faith as well as true policy dictates that we should observe the conditions of that conven- tion. But faith on the part of the government, or a construction of that convention subjecting officers to trial for treason, would produce a feel- ing of insecurity in the minds of all:the paroled officers and men. If so disposed they might even regskrd suoh an infraction oi terms by the governiuent as an entire release from all obliga- tions on their part. I will state, further, that the terms, granted by me met with the hearty approval of the Presi- dentat the time, and of the people generally. The action of Judge Underwood in Norfolk has had an injurious effect, arid I would ask that he be ordered to quash all indictments found against paroled prisoners of war, and to desist from further prosecution of them. U. S. Grant, Iiieut. General. [Cipher.] Head^'es Aemies of the 'United States, Washington, Ifay 6, 1865-^1 P. M. . Major General Halleok, Bichmond, Virginia. Since receipt of "your despatch of 3d, I think it Will be adviaable'to leave Huribar alone for the ptcsent. Although it would meet with opposition in the Nbtth to allow Lee the .benefit of aran6stiy,jl th&M it would have the best possible effect to- wards rertoriBg good feeling and peace in the South to.li?.ve him coma in.,, All,th,e ..people ejEcept a, few political leaders in the South will aiii'epfr "whatever he doca: as' right, anxiwill be guided to a.great extent by his'example. U; S. Geant, lAeut. General; ' 20 Wasbin&ton, D. C, MarehlZ, 1886. PiOKBTT, General GSoesb E. — ^Presents his- tory of his case, refers to surrender and agree- ment of April 9, 1865,' and asks for protection from prosecution for treasom HliABanABTEEs Aemies United States', March 16, ] 866. Respectfully forwarded to his excellency the President of the United States,- with' the recom- mendation that' clemency be- extended in thia case, or aspurance given that no trial will take place for the' offence charged'' against George E. Pickett. During the rebellion belligerent rights were acknowledged to the enemies of our country, and it is clear tb me that, tiie parole given bjr the armies, laying down their arms, protects- them against punishraeiit for acts lawful to any other belligerent. In this case, I know it is claimed that the men tried and convicted fcSr crime of desertion were Union men from North Carolina -who had found refuse within our lines and in our service. The punishment was a hard one, but it was in time of war, and upon the enemy; they no doubt felt it necessary to retain by some power the service of every man within their reach. General Pickett I know, personally, to be an honorable man, but in this case his judgment, prompted him to do what cannot well be sus- tained, though I do' not see how' good, either to the friends of the deceased, or by fixing an exam- ple for the future, can be secured by his trial now. It' would only open up the question whether or not the government did not, disregard its contract entered into to secure the surrender of an armed' enemy. U. S. GbanTj Lieutenant' GenemL ■ St. Lpnis, Missodei, March 28, 1866, Bball, W. H. E. — Application, for pardon. HEADaUAETEES AkMIES' UnITED 'StATES,- 2d April, 1866. Respectfully submitted to his excellency the President, through the honorable Secret/ary of War, and recommended. V. S. Geant, Liewimant General. EEOALLED AND BXAMINEB, JDLY 18, 1867. By^Mr. Thomas: Q. Did tbo President pro- pose, at any time, to use the military powerfor the adjustment of the controversy 'in Baltimore between the police commissioners appointed by Governor Swann and those who claimed afutbor- ity independent of Governor Swann? A. I' understood that he wanted to use-itj and I called^ ■ his attention to the law on the subject, which" changed his views and dfeterminatiflu .evidently. I called his attjention to the only circumstances', in -which' the military (ferces of the-United States can be called out to interfere in State maitters. It was his intention to send troops there to enable'Governor Swann, as hetermed it, to en- force his decision in the case of-those police- cotflTdtssio-ners. ' Q. Did the -President, on accoiunt of -y our' opinion, cbauge that purpose? A. I madie a i communicaitioH to him on the subject, which, led to the Attorney General giving an opinion as to ■ the-po'wep to- use the- military forces, of tliu* 306 POLITICAL MANUAL. Uniced States to interfere in State affairs ; and that led to a change of %hat was intended to be done. After this -whole question was settled as to sending the military there, there were six companies of new troops organized in New York harbor, which belonged to regiments south of here, and I ordered them to their regi- meflts, and to stop at Fort McHenry on their way down, in order to keep them there until after the election, with a view to have a force there in case there was a bloody riot. Q. Do I understand you to say that the Pres- ident changed his purpose in that respect before the difficulty had been adjusted in Baltimore ? A. Yes, sir. Q. That was in accord with your opinion, en- dorsed by the Attorney General ? A. Yes, sir. By Mr. Williams: Q. Have you a copy of the letter addressed by you to the President? A. I have a copy of everything official except con- versation. (Witnesa was directed to furnish the official documents on the subject.) By Mr. Thomas: Q. Did the President signify his wish concerning the army in writing or ver- bally ? A. Verbally and in writing. Q. Were you sent for formally? A. Yes, sir. I was sent for several times — twice, I think, while Governor Swann was there in consultation with the President. Finding that the President wanted to send the military to Baltimore, I ob- jected to it. Q. Are you distinct in your recollection as to when the President acquiesced in your views? A. It was prior to the election, two or three . days. When the matter was left entirely with me, I ordered those troops down to join their regi- ments, and to halt at Ebrt McHenry until after the election. Q. Was it before or after the arrest of the commissioners appointed by Governor Swann, (Sfkat the President withdrew bis request to you [to use the army in that controversy ? A. I can- not state precisely as to that. It was before I orjiered the troops from' New York. What took place was in conversation, until I found that there was rather a determination to send troops rthere, and then I communicated officially to the iSecretary of War my objection to using troops fiuithat way. That called out the opinion of the Attorney General, and it was then that what I proposed was acquiesced in. I thought this was in writing, but do not find the paper. .By Mr. MarAall ; Q. The President seemed to.think be had a right to send the army under the circumstances ? A. Yes, sir ; he seemed to think so. Q. After yon sent your written communica- tion, giving your views in reference to it, the President. flien left the subject entirely in your hands? A. Yes, sir; be left it entirely in my hands. I think that is in writing. (Witness was directed to furnish a copy of the communication.) By Mr.Eldridge: Q. That was a formal with- idrawal of his first opinion? A. Yes, sir. I ;tbink;I was seat a copy of the Attorney Gen- ^eral's opinion as a sort of order in the matter, virtually leaving it to me. vQ. After tliat,tiBie you did have the manage- ment of it? A. Yes, sir. IsentGeneralCanbjf to Baltimore, and went there twice myself,' and had troops stop there on their way to the South. Q. It was entirely within your control? A. Yes, sir. By the Chairman : Q. They were solely for the purpose of being used in the case of a riot? A. Solely for that purpose. By Mr. Marshall: Q. Merely as a police force ? A. Yes,' sir. I desire to make the following explanation of my evidence : On examination of tlie record 1 find there is more matter, in writing, from the President than, from memory, I thought there was. Also, that I have either misplaced or never wrote objections which I made verbally to what was asked of the President by Governor Swann, . of Maryland, in the way of services of United States troops, and which the President seemed desirous of giving. Governor Swann visited the President, to my knowledge, (how often I do not know,) before the trial of the Baltimore police commissioners, to get the promise of military aid in case he shonla remove them. During the trial, and before the promulgation of his find- ings, he also visited the President for the same purpose. At least once before the trial, and once during the progress of the trial of the police commissioners. I was sent for to meet Governor Swann at the Executive mansion. Much was said by me on those oocssions, but, as before stated, I have confused, in my evidence, what was verbal with what was written. . (The documents following are on pages 37, 38.) General Orant on the Bemoval of General Sheri- dan and Secretary Stanton. 1. — peesident johnsow to geheeal geani. Executive Maitsioh, Washinotoh, D. C, August 17, 1867. Deab Sib : Before you issue instructions to carry ijito effect the enclosed order I would bo pleased to hear any suggestions you may deem necessary respecting the a-ssignments to which the order refers. Truly, yours, ' AlfDBEW JOHNSOS. General U. S. Geant, Secretary of War ad interim. 2. — THE PBESIDEKT'S OBDEE. Executive Mansioh, Washinqton, D. C, August 17, 1867. Major General Geo. H. Thomas is hereby as- signed to the command of the fifth military dis- trict, created by the act of Congress passed, on the 2d day of March, ] 867. * Major General P. B Sheridan is hereby as- signed to the command of the department of the Missouri. Major General Winfleld S. Hancock is hereby assigned to the command of the department of the Cumberland. The Seoretary of War ad interim will give the necessary instructions to carry tl^is order into effect. AK35EEW JOHHSOH. 3. — seneeal qeant to pee3ident johnson. Headq'es Abmies of the Uthted 'States, Washinston, D: C, August 17, 1867. ' Sib : I am in receipt of your order of this LETTEES, PAPEKS, TESTIMONY. ETC. 30V flite, dirooting the aBsignraent of General G. H. TJiomas to the command of the fifth military district, General Sheridan to the department of the Missouri, and General Hancock to the de- partment of the Cumberland ; also of your note of this date, (enclosing these instructions,) say- ing : "Before you issue instructions to carry iiUto effect the encloaed order, I would be pleased to hear any suggestions you may deem necessary respecting the assignments to which the order refers." I am pleased to avail myself of this invitation to urge, earnestly urge, urge in the name of a patriotic people who have sacrificed hundreds of thousands of loyal lives, and thousands of mil- lions of treasure to preserve the integrity and union of this country, that this order be not insisted on. It is unmistakably the expressed wish of th"! country that General Sheridan should not be removed from his present com- mand.' This is a republic where the will of the people is the law of the land. I beg that their voice may be heard. General Sheridan has performed his civil duties faithfully and intelligently. His removal will only be regarded as an effort to defeat the laws of Congress. It will be interpreted by the unreconstructed element in the South, those who did all they could to break up this government by arins, and now wish to be the only element consulted as to the method of restoring order, as a triumph. It will embolden them to re- newed opposition to the will of the loyal masses, helieving that they have the Executive with them. The services of General Thomas in battling for the Union entitle him to some consideration. He has repeatedly entered his protest against being assigned to either oft he five military dis- tricts, and especially to being assigned to relieve General Sheridan. There are military reasons, pecuniary reasons, and above all patriotic reasons, why this should not be insisted upon. I beg to refer to a letter marked "private" vrhich I wrote to the President, when first con- sulted on the subject of the change in the War Department. It bears upon the subject of this removal, and I had hoped would have prevent- ed it.* I have the honor to be, with great respect, your obedient servant, U. S. Qeant, General U. 8. A., Secretary of War ad interim. Hie Excellency A. JoHUSON, Preiide/fit of the United States. , ; pPrivate.] Headq'rs Aemies of the Uititbd States, Washingtoit, D. C, August 1, 1867. Sib: I take the liberty of addressing you privately on the subject of the conversation we had this morning, feeling, as I do, the great danger to the welfare of the country should you carry out the designs then expressed. First. On the sabjeot of the displacement of the Secretary of War. His removal cannot be efifeoted against his will without the consent of the Senate. It is but a short time since the , United States Senate was in. session, and wl^y "iot then have asked for his removal if it was 5. — QBITEKAL GEANT TO PEE3IBENT /OHNSllS Office U. S.'Mil. Tel., Wae DBPAErMEUT, Washinoton, D. C, August 21, 1867. To General U. S. Gbant. General Thomas is absent in West Virginia, and has probably not yet seen his orders. He has been under medical treatment this summer for an afi^ection of his liver, and it would be a great risk for him to go South at this time. . Ai.EZA]bile,an order was issued holding city and county officers responsible for the preseiT- atioD of peace at all public meetings, and requiring the United States troops to assist them when called on. No disturbances.have since occurred. " Under the laws of the State no colored persra could be admitted to the jury-box, and there was no surety of j ustice to Union meUj to people from the North, (and especially ex-Union soldiers,) or to colored persons, frotti juries in? flamed with hostility towards such classes. " There is a very large number of cases of wrong perptt* trated by such juries in the district on file. 316 POLITICAL MANUAL. ** Accordingly an order was ias.ied directing all Jaries to be drawn iDdiscrimiQately from the list of voters registered by the boards of rtig;iBtratfon. " Very few civil officers have been removed, and those, in almost every case, were removed for refusing to comoly with orders. Appointments to fill Vacancies have only boeu made where the daily buBinesB of the people deinauded it. "The State trenaurera of Georgia, Alabama, and Florida have been ordered to make no payments aftor the appro- priations of the present fiscal year have ,6xpired, save on warrants approved by the' district eooiiliiaTider. as'it is be- lieved that a new Legislatnve will not Gontinne or approve many of the appropriations made. " lu executing the i'egigt^ation, It 'was deemed advisable *hat no officer nor soldier of theXTnited States should' be employed, and accordingly each board of registration w>ts anpointod from among the citiztms living in the dJBtricC, aiid to consist of two whiia men a^d one colored. 'A fixed sum •>me paid for registering each name, the average for -l!lie_ district being tweuty-giyceiitsper name. "Thf:re were registered lu Georgia 95,214 whites, and 93,457 colpreri: in Alabama 74,450 whites, and 90,350 col- ored, and in FJofida 11,1-80 wbites, ehsA 1&,S67 colored. The amount expended in registration, &c., has beenj^l 62,325. '"■■Thfe'^piyortionmentof delt'gated Wiia mad'^ in-Qeoijgia^or State eeiiutorial'.districtB, and iu Alabama for Representative diBtripts, fixed by an order. Polls were ordered to be opened at each county seat." FOUETH MILITARY DISTRICT Comprises th^ State? of Mississippi a,nd Ax^fcaij- sas, Brevet Major General E. 0. b. Ord, corn- man diEtg. "The reconstruction measures of Oongressare anpopnlBO' with a majority of the white people^ but t^eir execution lias met with BNgbt opposition, the %norfrnt and lawless, from whom alone trouble was to be apprehended, having .been kept iu urder by the troops distributed through the States. ^The civil laws have not been interfered with when equally administered, except tp remove from the civil courts cases of crime charged agninst persons who, be^ng opposed to the rebellion, had ,)'eason to fear prejudice. Also freed^ men's ciiBes, where the courts were practically closed agninst them; and cases of lto^rti&-8tealing, and violations of acta of Congress, for all of which military commitoions bavp been organized. "The officeruof the provisional State govei-nment have continued in office, Except wjiere they have failed to per- form their duties It is difficult to find competent men who can qualify to fill vacancies in civil offices, some of which are consequently vacant. " In consequence d}f i^he indisposition (as manifested of late) of the civil a,tlthorltie^ in Arl^ansas.to take action in offe^ces of au aggravated nature against freedmen^ orders have been issued.ior the trial of all such cases by military commission,, and for prompt action to be taken for the pun- ishment of oiyil officers who fail to i^sue writs, against of- fenders coniiaitting^Banlta^^p.|againBt.&ee,d^oi^,a>Qdpro- bibitiog bail' for the appeaiUnce-of bw^ orimioala." The extension of suffrage to freedmen has evi- dently aroused aeentiment of hosiilit-y to the colored race, and to northern men in many parts of the district, which did not exist before; and General Qrd is'coQvinced that a larger force than ifl now stationed in those States to preserve order and organize conventions, will be required hereafter to protect them "and secure the Ireed- meu the use of the suffrage. "In a mt^oiity of the, counties of this distHct there are ,' very few men who can take the test-oatti/and these are npt di^oBed to any case to wliich a person of color is a party, except m-urder, arson, and rape. April 20 — No sentence of such court, affecting the li-be.rty of any person, to be executed till ap-,. proved by tbe comnianding general. April 27 — rLocal election in Newbern s'ua- perrded ; and officers appointed, and required to take the oath of March 23-, 1867.- May 8 — Registration announced to be begun on tbe third Monday in July ; registering officers to be appointed, and required to"' take the test oath of July 2, 1862. May IS—Commanding officers of posts au- thorized', upon sufficient cause shown, to grant, permission to public officers to carry arms when necessary in the discharge of their duties.. "May 20-^DistiJl'atiqn of spirits from grain ■ prohibited ; violation of this oirder to be con- sidered a misdemeanor. May 30 — Any citizen, a qualified voter under the reconstruction laws, declared-to be eligible to office in the jjrovisional government'of North and South Carolina. All citizens, who have paid assessed taxes for the ourrentyear declared qual- . ified as jurors; and juries to be hereafter drawn from siich persons. All citizens are eligible to follow any licensed calling, employment or avocation, subject to- impartial regulations pre- scribed by municipal or other competent author- ity, the bond required as security not to exceed $100, witb one or more sureties worth double the amount of the bond All contracts for the manufacture, .sale, or transportation, storage, or insurance of intoxicating liquors to be treated as against public policy. In public conveyan- . c?s, on railroads, highways, ptreets, or navigable waters, no discrim.iriatiori because of color or C^ste shall be made, and the commc n rights of ^ all citizens therein shSjll be recognized and re- spected ; a .violation of this regulation to be defeme'd a misdemeanor, and to render the ofFendv er liable to arrest and trial .by a military tri- bunalr besides such damages as may be recovered ■ in the civil coiirts. Tbe remedy by distress for rent is abolished, where lands are leased or let 318 POLITICAL MANUAL. out for hire or rent. No license for the Bale of intoxicating liquora in quantities leaa than one gallon, or to be drank on the premises, shall be granted to any person other than an inn-keeper. June 19 — General Sickles asked to be relieved from command of the district, and asked a court that he might vindicate himself from the accusa- tion of the Attorney General. August 1 — The session of the Legislature of North Carolina, elected in 1866, indefinitely postponed. August 10 — Order of May 30 suspended in its application to the superior and county courts ot North Carolina, on account of the inability of the latter to revise the jury lists. August 17 — The finding of a court-martial confirmed, fining the captain of a steamer $250 for refusing a person a first-class ticket on ac- count of color. It was added : " So long as the laws imposed civil and political disabilities be- cause of servitude or color, carriers were per- mitted to enforce the same discrimination among passengers. Such disabilities and usages have ceased, with slavery, to have any legal sanction. Whatever belongs of common right to citizens, necessarily follows the recognition of the blacks as citizens, and belongs to them." ' September 5 — The act of the Legislature of North Carolina, of March 7, 1867, " for the re- lief of executors, administrators, <&c.," annulled as.in violation of the Constitution of the United States, and in violation of the acts of Congress passed prohibiting all acts in aid of the late re- bellion. Courts directed to dismiss judgments, orders, and decrees, under said legislation. September 6 — General Canby assumed com- mand. September 13 — General Canby ordered that all citizens assessed for taxes, and who shall have paid taxes for the current year, and who are qualified and have been or may be duly regis- tered as voters, are declared qualified to serve as jurors. Any requirement of a property qualifi- cation for jurors ia hereby abrogated- The col- lection of certain .illegal and oppressive taxes, imposed in parts of North and South Carolina, was suspended. October 16 — An election ordered in South Carolina, November 19 and 20, for or against a "convention," and for delegates to constitute the Convention. Violence, or threats of violence, or of discharge from employment, or other op preasive agencies against the free exercise of the right of suffrage, prohibited. All bar-rooms, saloona, Ac, ordered cloaed from 6 on the even- ing of November 18 to 6 on the morning of No- vember 21. Military interference, unless "ne- cessary to repel the armed enemies of the United States or to keep the peace at the polls," pro- hibited. October 18 — A similar order issued for North Carolina, fixing the election November 19 and 20. October 19 — Order issued suspending Hon. A. P. Aldrich fiom the exercise of all functions as judge of the court of common pleas and gen- eral sessions; and Gov. Orr authorized to pro- vide for holding his term of court, by assigning another judge. The election of municipal offi- •sers in Charleston forbiddan. - November 27 — Prosecutions instituted in soma of the courts of North Carolina for acts of war committed during the existence of hostilities, in violation of the true intent of the amnesty act of that State of Dec. 22, 1866, were prohibited. Also, ordered, that all parol " contracts, between any persons whatever, whereof one or more of thepi shall be a person of color," shall be of the same validity, be established by the same evi- dence, be determined by the same rules, and be enforced in the same manner as in like contracts where all the parties thereto are whites. December 3 — A system of taxation estab- lished, for the support of the provisional gov- ernment of South Carolina for the year from October 1, 1867, to September 30, 1868. Appro- priations ordered for the various offices and ex- penses of the State. December 28 — The election declared to have re- sulted in favorof aconvention ; and the delegates notified to meet in Charleston, January 14, 1868, December 31 — Convention declared carried in North Carolina; and the delegates notified to meet in Raleigh, January 14, 1868. December 31 — Judgments or decrees for mo- ney, or causes of action, from May 20, 1861, to April 20, 1865, in North Carolina, and from De- cember 19, 1860, to April 29, 1865, in Sonth Carolina, ordered not to be enforced, &c. All proceedings for the recovery of money for the purchase of slaves, made after January 1, 1863, suspended. Proceedings in any court in either State, recognizing or sanctioning the investment of the funds of minor heirs, or females, or in- sane persons in the securities of the late rebel government, or the war securities of either State, will be suspended till the validity of such in- vestments shall be determined by United States courts or by additional legislation. Power to grant licenses for the sale of liquors remitted to local authorities. 1868, January 14 — Conventions of both States met, and adjoarned March 17. February 6 — Ordinance of South Carolina Convention for the collection of taxes, pro- mulgated, and the assessors ordered to collect the taxes therein levied. State Treasurer authorized to pay the expenses of the Convention. February 12 — Same with regard to the North Carolina Convention. February 27 — Where advances are made by General R. K. Scott, assistant commissioner of Bureaa of Refugees, in behalf of the Govern- ment of the United States, in aid of the de- pressed agriculture of South Carolina, these adr vances shall be a lien upon the produce of the plantation. March 13 — An election to be held in South Carolina, April 14 and 16, for or against the constitution, and on the same ballot for State officers, and Representatives in Congress, one for each of the four districts and two at large. March 23 — An election ordered for North Carolina, April 21, 22, 23 ; regulations pre- scribed. April 8 — Quarantine of ports of South Caro- lina established. May 2 — Constitution announced ratified by ft majority of the votes actually cast by the quali- fied electors of South Carolina. ; DIGEST OF OKDEKS, ETC. 31^ May 12 — (Jonstitution of N.irtU Carolina an- no'inced similarly ratified. ' June 15 — W. W. Iloldeu, Governor elect of North Carolina, called a meeting of the Legisla- ture for July 1. Third Militaiy District— Georgia, Ala'bama, and Florida. 1867, April 4 — General Pope issued an order directing post commanders to report acts of local or State authorities or tribunals which discrim- inate against persons on account of race, color, or political opinion. April 8 — Registration order issued. It pro- vides, among other sections : " It is desirable that in all oases the registers shall be civilians where it is possible to obtain fuoh as come within the provisions of the act and are otherwise suitable persons; and that military officers shall not be used for the pur- pose, except in case of actual necessity. " The registers are specifically instructed to see that all information concerning their political rights is given to all persons entitled to vote under the act of Congress ; and they are made responsible that every such legal voter has the opportunity to record his name. " Interference by violence, or thf eats of vio- lence, or other oppressive means to prevent the registration of any voter, is positively prohib- ited ; and any person guilty of such interference shall be arrested and tried by the military author- ities." April 11 — ^Headquarters removed to Atlanta. April 12 — Gen'eral Wager Swayne issued this order at Montgomery, Alabama : general Orders, No. 3. I. Complaints of hardship in the needless apprenticing of minors, particularly in pursu- ance of the preference given to the " former owner" in the law, have oeen almost incessant. It is enjoined upon probate judges, upon appli- cation, to revise the action taken in such cases, and as a rule to revoke indentures made within the past two years of minors who were capable of self-support. II. The attention of magistrates is called to the repeal by the last Legislature of the " va- grant law," approved December 15, 1865, and published with the code. Attempts which are still made to put it into execution will hereafter be the subject of military cognizance. . III. The use of " chain-gangs " as a mode of. legal punishment being found to involv? serious abuses, will be henceforth discontinued, except in connection with the penitentiary. May 1 — The use of the " chain-gang" as a mode of legal punishment in Georgia is ordered discontinued; except in cases connected with prisoners sentenced to the penitentiary. May 21 — The States of Georgia and Alabama divided into registration districts, the boards of registration for each district to consist of two white registers and one colored, each to take the test oath of July 2, 1862. "Violence and threats prohibited. May 29 — The duties of mayor, chief of police, &c., defined, in view of the riot at Mobile. June 17 — Special instructions given to regis- tering boards in Florida. * August 2 — No civil court will entertain any action against officers or soldiers, or others, for acts performed in accordance with the orders of the military authorities. All such suits now pending to be dismissed. August 12 — Ordered, that all advertisements or othar official publications under State or mu- nicipal authority shall be inade in such news- papers only as have not opposed and do not op- pose reconstruction under acts of Congress, nor attempt to obstruct the civil officers appointed by the military authorities. August 19 — Grand and petit jurors, and all other jurors, shall hereafter be taken exclusively from the lists of voters without discrimination, as registered. Sheriffs to require jurors to swear that they have been registered. Jurors already drawn shall take this oath or be replaced by those who can. August 26 — General Pope disclaimed the pur- pose to interfere with the relation of debtor and creditor under State laws, not*conBidering a stay law to be within his province to adjust. August 31 — An election ordered in Alabama on a convention, and for delegates, October 1, to continue three days. September 19 — A" like election ordered for Georgia, October 29, to continue three days. October 80 — Polls ordered to be kept open till 6 p. m., November 2. October 5 — A like election for Florida, Novem- ber 14, to continue three days. October 18 — Convention declared carried in Alabama, names of delegates announced, and convention directed to meet in Montgomery, November 5. October 19 — Post and detachment command- ers directed to furnish to the proper civil officers such military aid as maybe needed, to enable them to collect taxes imposed by the laws of the State. November 5 — Alabama Convention .met ; ad. journed December 6. November 7 — General Swayne ordered, for the purpose of securing to asricultural laborers pay- ment for the labor of this year, a lien in their favor upon the crops grown on the farms on which they are respectively employed, said lieu to attach from date and be subordinate to prior liens. November 19 — Convention declared carried in Georgia, names of delegates announced, and Convention directed to meet in Atlanta, Decem- ber 9. November 26 — Payment of expenses of Ala- bama Convention by State treasurer authorized. December 9 — Georgia Convention met ; ad- journed" March 11, 1868. December 20 — Election on Alabama constitu- tion ordered for February 4, 1868, to continue four days. Lists of voters to be revised for four- teen days prior to election. State officers and Representatives in Congress to be voted for at same time, as provided by the election ordinance. December'27 — All military organizations ex- pressly prohibited ; and no parading of armed men permitted, except of United States troops. December 28 — Convention declared .carried in Florida ; delegates announced, and called to meet at Tallahassee, January 20, 1868. 820 POLITICAL MANUAL. 1868, January 6 — General Meade assumed command. January 10 — Tbe ordinance of the Alabama Oonvention. to stay the collection of debts, was announced as ♦,o be deemed to have taken effect from this date, and continue in full force unless the pending constitution should not be accepted ; bat if it be adopted^ the ordinance to be valid till Congress shall act on the constitution. January 11 — State officers admonished not to interfere, under color of State authority, with the exercise of military authority in the States composing this district. January 12 — General Meade sent this tele- gram : " General U. S. Grant : ' "UdIpbb the pending Mllin Cpngresa, directmg^ilifary cpmmandora to fill all officea in tha State-under their com- mand, resciDds the testoath and provides for selection from qualified voters, I am Informed its execution in this district will be entirely impracticable." Jannary-lS— This order was issued; " Charles T: Jenliins, Provisional Governor, and Jno. Jones, provisional - treasurer, of the State of Georgia, having declined to res-pect the instructions of and failed to co-operate with the major general oommandingthe third military district, are here- by removed from office." Brevet Brigadier Gen- eral Thomas H.Euger appointed Governor, and Brevet Captain Charles F: Eookwell to be trea- surer of Georgia. January 15 — Order issued^ that the frequency of reported outrages, -and the accompanying ex- pression of opinion of subordinate officers, that no justice is to be expected from the civil autlwr- ities, require notice and action on the part of the major general oom-manding,- who instructs the military to co-operate with the civil in detecting and capturing criminals, but states that where the civil authorities fail to do their duty, he will take prompt action for the punishmeni; of crim- inals and the removal from office of derelict civil officers. January 16 — The Georgia ordinance of relief, of December 12, 1867, was announced as having taken effect, till the Convention take further action, or farther orders are i.-sued- January 17 — John T. Burns removed as compt-roUer,- and Captain Charles Wheaton ap- pointed his successor, who was also appointed secretary of St-ate,OTe8 Ni'C. Barnett, removed. January 20 — Florida Convention met; ad- journed February 25. January 29'^The Florida ordinance of re- lief, of January -21, 1868, given effect as in the case of Georgia. February- 2-^Th6 order of August 12 last modified so as to apply -only to such newspapers as attempt to obstruct in any-manner the civil officers appointed by the m.iii.tary, in the -dis- charge of their duty, by threats of violence, proseoutioni or other penalty to bo enforced as lOon as military protection is withdrawn Febrtiary 3-"Eegi8tered voters may vote-any- where in the State on constitution, on proof of regiBtrationi- February 4->-8,114 less than half the regis- cered vote of Alabama cast for the constitution. February 11-^Tbe assistant commissioner of freedmen's affftirs^ urged freedmen-to make con- tracts for the present year, and to disregard the bad advice given them by others not to make contracts but await relief from the Atlanta Con- vention. February 22 — Imprisonment for debt in Geor- gia prohibited, in accordance with an ordinauco of the Convention. February 28 — All civil courts, and officers whose duty it is to provide for the relief of pau- pers, shall extend relief to all persons entitled to , relief, as such, without any discrimination as to i race or color. March 14 — An election ordered in Georgia, to commence April 20, 1868, to continue fonr days, on the ratification of the constitution adopted by the Convention ; State offibers and Representatives in Congress to be voted for at same time. March 16 — An election ordered in Florida, first Monday, Tuesday, and Wednesday of May, for like purposes. March 18 — In all the jails and other prisons, colored prisoners are to receive the sam« food', in quality and quantity, as white prisoners, and the sheriffs shall get thesame feesfor vict-nallin'g all classes of prisoners. March 26 — Freedmen being threa-tened with discharge, "for the purpose of controlling their ; votes, or of restraining them from voting," bu- reau officers were directed 'by tba superintend- ent of registration, E. Hulbert, to report all cases of interference with their political rights. April 3^-General M«ade, on being applied to, expressed the opinion that Judge Irwin was in- eligible for the governorship of Georgia. April- 4, he gave the opinion that General John B. Gordon was eligible, under the acts of Congress. \ April 4 — General Meade issued an order, of ■ which this is the fir.'t paragraph : "I. The recent assassination at Columbus, Ga., i of the Hon. G. W. Ashburn, late a member of ' tbe Constitutional Convention of said State, add other acts of violence and atrocity committed about the same time in various parts of this dis- trict, and the simultaneoue publication -ef incen- diary articles, and the receipt by many -persons of threatening letters, indifcating. a concert of action, by violence and intimidation, to alarih and overawe a large part of the population, and by this means affect the results of pending el^3- tions in this district) all of which acts appaw ently emanate from a secret organization, f(jf no good purpose, which- seems to be rapidly spreading through these States, make it neces- sary for the commanding general to warn all, persons against the commission of such acts, the publication of such articles, the sending of Such letters, or connecting themselves with snch evil- organizations, and to assure all the 'good people of this district- that he will use all ths powers-' he possesses to protect them in the peaceable enjoy- ment of their hom«8 and property, and in th* exercise of their personal rights and political privileges. " Military and civil officers are directed to arrest and brihg to trial persons who may print and circulate incendiary papersor threatening letters; and conductors of newspapers and other print- ing offices are prohibited from -publishing articles tending to produce- intimidation, riot, or blood' sh«d ; public writers and speakers are enjoined DIGKST OF ORDERS, E3:C. 821 to, refrain, frpni ii5,fl?,iijinatory afipeals, and,mili-, ti^ry and municipal officerB required to organise ps^trola to detect such persons as avail themselves of the secrecy of the night for' executing their criminal purposes. Good citizens are cfilXed pn to aid in preserying .the peace, and are admon- ished that if ifltimidatioQ and yipleflce are not qjiecked, bloody retaliation may be provoked." April 6— General Meade ordered an electiqni in Georgia, April 20, for Gpverpqr, General As sembly, younty officers, and E^pfesentatiyes in Congress. Fonrth Military District— Uisiiasippi and Ar- kansas, 186V, April 5— Headquarters transferred to Vicksburg. April 13 — General orders or circulars of the assistant commissioner of refugees to be sub- mitted, prior to promulgation, to General Ord. April 15 — No elections to be held for any purpose, till a registration of voters be made. Freedmen urged not to neglect their business to engage in political discussions, but to coatinue to provide for themselves and families, lest " a famine may come and they have no food." Due notice will be given of the times and places for registration. May 6 — Attention called to the prevalence of horse-stealing, aad post commanders directed to ezert themselves to break it up. May 13 — Instructions to registering officers directed the exclusion of all persons who held an office under the General Government prior to the war, and, who afterwards engaged in or gave aid and comfort to rebellion. Registers not permitted to be candidates for Convention, or to make speeches, or electioneer for or against any candidate for office. ' June 12 — Sales of land, implements, stock, Ac, under authority of State courts, where the cause of action accrued prior to January 1, 1866, stayed till December 30, 1867, to go into effect in Mississippi June 20, and in Arkansas June 30. Illicit distilling of corn into whiskey, prohib^ ited ; property seized for violation of this order to be sold for the benefit of the poor. June 17 — A poll-tax having been imposed upon freedmen by the county boards of police in Mississippi, under .l;' existence of an arbitrary authority in the commanding general touoliing purely civil controversies. One petitioner se- licits this action,' another that, and' each' refers to some special consideration of grace or favor, which he supposes to existiand .which should in- fluence this departraent. The number of such applications, and the waste of time tliey 'involve, make it necessary to declare that the adminis- tration of civil inslioe appertains to the regular courts. The rights of litigants do not depend on the- views pf the 'general. They are to be ad- judged and-settledc-aeoording'to the laws. -Arbi- trary power,- such- as hehas been urged -to as- sume, has no exiRtence here. Itis not found in the 'laws of Loui:iiana or Texas. It cann'ot;be derived from any act or acts of Congress. It is restrained by a constitution, and prohibited from action in many particulars. The- major general commanding takes occasion to repeat that, while disclaiming judicial func- tions in civil cases, he can sufi'ef no forcible re- DIGEST OF ORDERS, ETC. 325 ei.stiince to the execution of processes ojf the courts. By command of.' MajorG-feneral Hanocok, GF. L. Habtsufp, A- A. O. January 2 — Mr, Joshuai,Baker appuintediGov- ernorin pliioeof Hon. B. tf. Flamlers, resigned.. January 8 — Mir. ]|^!faar took the oath of office as Governor of Ijouisiana. In MatV,, 1807, General Sheridan distributed' memoranda of disquajifioatioin.f, and questions to be proposed fbr the regi&ters. Their siib- Blancawas to da;k,r6 disqualified alii who had acted as United States S-enatOrs or Representa- tives, electors, o|foers of the army and navy, civil officers of the United States, and all tjtats ,oflBcerS provided for- by tile constitution of the State prior to January '26, 1861, who had after- wards en-gaged in the rebellioTi,, and all who, in 1862 and 1864:, claimed protection of foreign Powers'. If any person, applying, to be regis- tered, having held such office, declared that he had been en-gaged' in therebellion, or if the reg- isters knew tnem to have been so, they must not be registered. On the 11th ef Jan'uary, 1868, General Han- cock set aside these raemoFand'a, declaring that he dissented from the conetruiction given to the reconstruction laws therein, inasmuch' as it ap- plied to the officers of municipal and charitable corporations, which were not included in the act of March 23, 1867, and 'frhose exclusion is di- rectly contrary to thatof July 19. Orders the registers to be guided by their own interpreta- tion of the laws and the XlVth ConBtiLutioual Amendment. February 7 — For proceeding to hold an elec- tion, in contempt of orders from headquarters^ certain members of the lloard of aldermen of Kew Orleans were removed and others appoint- ed in their place. February 27 — The preceding order was re- voked by direction of General Grant. March 11 — Election ordered in Louisiana on April 17 and 18, on the constitution adopted by the Convention. March 13 — :It was decided that a pardon did not entitle a person to be registered, if he would have been disqualified without the pardon. March 25 — alectioa ordered for State officers and Representatives in Congress at the same time with the vote on the constitution. May 13. — The result of the election declared, 17,413 majority for the constitution. June 2-— The names of the members of the General Assembly, State officers, parish officers, and judicial officers were announced. The Gen- eral Assembly was forbidden to convene till the commanding general was officially notified of the acceptance by Congress of the constitution, after which he would appoint a day for their meeting to act on the XlVth constitutional amendment. The civil government hereby provided for is provisional in ifg character until after the adoption of the XlVth constitutional amendment. Article 158 of the new constitu- E tiou of the State provides that the terms of office of all civfl officers elected under it shall date from. the fir.B.t\Monday in November- follow- ing the election. Therefore, the ofiicera whose election is hererin announced will only enter upon and hold their offices from that -date. A vacancy oceurj:ing in a,ny office in the meantime will be filled preferably by the person who has been elected, td it.. If any of the, o.lBcera whose election is hereir announced shall be disquiilifiprl on the first Mon- day in Novamher,. 1868, to hold office, the in- cumbent at Ibat date will hold over until the disability shall have been removed or a, new election held. June 6 — The municipal officers chosen were announced and ordered to be. installed in New Orleans on the lOtli inst,, and in other places on the:seventh. day a,fler the receipt of the order. June 6 — The chairman of the board of regis- tration, S- B. Packard, ksued, a. proclamation reciting, the provisons. of the constitution requir- ing all civil officers to enter on their duties on the second Monday after the official promul- gation, of th.e election returns, an.d requiring the General Ass.embly tcmeet on the third Monday after such projDulgation ; declaring that the commanding general had violated such pro- vision, and that to the board of registration had- be.ea delega.ted by the Convention the power to inaugurate the new State government; notifies all officers to take possession of their offices, and the. General Assembly to meet, on the days above named. The same day Mr. Packard was arrested, but ■ rel'easedon recognizance to appear before a mili- tary commission tq be, immediately organized. I June 8 — General Grant. telegraphed to General I Buchanan as follows: In view of the le^iBlfttion now- pending relative to the admission of Louisiana, I would suggest suspen- sion of ail action in case of Paclvard*s arrest and trial. U. S. Gkant, General. Same day— Genetiftl Buchanan accordingly announced p. suspension of arrest and further action respecting Pa,ckard and the other mem- bers of the board of registration. June 16 — The Constitutional Convention of Texas passed a resolution urging upon Congress the necessity of authorizing the organization by that body of a military force in the several counties of Texas, to act in conjunction with, and under the direction of, the military com- mander therein, for the protection of the lives and property of the citizens now every day being preyed upon by assassins and robbers to an extent unparalleled in the history of civiU ized communities in times of peace, and which, if not speedily arrested, must result in the de- struction of social order ; and that if protection be not speedily provid,ed in some form by the national Government to the loyal and law-abidi ing citizens of Texas, they will be compelled, in the sacred right of self-defence, to organize for their own protectioQ XXVIII. ABSTRACTS OF THE NEW CONSTITUTIONS OF MARYLAND AND NEW YORK, ALABAMA, ARKANSAS, FLORIDA, LOUISIANA, GEOR- GIA, NORTH CAROLINA, SOUTH CAROLINA, VIRGINIA AND MISSISSIPPI. Constitation of Maryland adopted in 1867. In the declaration of rights are the following : That the people of this State have thesole and xclusive right of regulating the internal gov- ernment and police thereof, as a free, sovereign, and independent State. Tkat the levying of taxes by the poll is griev- oas and oppressive, and ought to be prohibited ; that paupers ought not to be assessed for the support of the government. That slavery shall not be re-established in this State ; but having been abolished under the policy and authority of the United States, com- pensation in consideration thereof is due from the United States'. That no religious test ought ever to be re- quired, as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God ; nor shall the Legislature prescribe any other oath of office than the oath prescribed by the constitution. All elections by^allot ; voters are white male citizens of the United States, twenty-one years of age and upwards, who have resided in the State one year and six months in the district in which he offers to vote. Sec. 5 provides a uni- form registration of voters. Sec. 6 .fixes tl^e oath of office to support the Constitution of United States, and bear:- true all^iance to the State of Maryland, and support its constitution and laws, &c. Art. 2, sec. 17 gives governor the veto power ; a three-fifths vote of the members elected to each house necessary to pass a bill over the veto. Art. 3, sec. 3, gives each county a senator, and Baltimore city 3, one for each district. Allegany county, till the next census, is to have five dele- gates in the house of delegates ; Anne Arundel, 3; Baltimore county, 6 ; Baltimore city 18, elect- ed in three districts ; Calvert, 2 ; Caroline, 2 ; Carroll, 4; Cecil, 4; Charles, 2; Dorc^iester, 3 ; Frederick, 6; Harford, 4; Howard, 2; Kent, 2; Montgomery, 3; Prince George's, 3; Queen Anne's, 2; St. Mary's, 2; Somerset, 3; Talbot, 2; Washington, 5; Worcester, 3. Sect. 4 pro- vides that after the next census each county with a population of 18,000 souls, or less, shall have two delegates ; of 18,000 and less than 28,000, »3; of 28,000 and less than 40,000, 4 ; of 40,000 and less than 55,000, 5 ; of 55,000 and upwards, 6, and each of the legislative districts of Balti- more shall have a number of delegates equal to the largest county. The term of senators is fixed at four years and delegates two. Three years' citizenship in Maryland necessary to make a per- son eligible as senator or delegate. Art. 4, sec. 28, requires a majority of the whole number of members elected to each house to pass a bill, and by yeas and nays. Sec. 37 is in these words: The general assembly shall pass no law providing for payment by this State for slaves emancipated from servitude in this State; but they shall adojt such measures as they may deem expedient to obtain from the United States compensation for such slaves, and to receive and distribute the same equitably to the persons entitled. Sec. 41 disqualifies from tiffice of profit or trust any person fighting a duel or participating as second, or knowingly aiding or assisting those offending. Sec. 43 protects the property of the wife from the 'debts of her husband. Sec. 44 protects $500 worth of property from execution. Sec. 46 is in these words : The general assembly shall have power to receive from the United States any grant or aonation of land, money, or securities for any pnrposa designated by the United States, and shall administer or distribute the same according to the conditions of the said grant. Sec. 53 provides that no person shall be in- competent, as a witness, on account of race or color, unless hereafter so declared by act of gen- eral assembly. Sec. 55 prohibits the general assembly from passing any law suspending the privilege of the writ of habeas corpiis. Constitation of the State of Kew York. Adopted in convention, but not yet submitted for ratification. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may re- quire its suspension. Every male inhabitant, of the age of twenty- one years, who shall have been a citizen for ten days and a resident of the State for one year next preceding an election, and for the last four months a resident of the county where he may .offer his vote, shall be entitled to vote at such election in the election district of which he shall be at the time a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people of the State; provided that such citizen shall have been for thirty days next preceding the election a resident of the town or ward, and, for ten/days, of the election district in which he of- fers his vote. Registration of voters authorized. Thii ty- two senators, and one hundred and thirty-nine assemblymen. No bill shall pass except upon the assent of a majority of the members elected to each house. Governor has veto, with two- thirds vote of members elected necessary to re- pass the vetoed bill. Legislature shall not au- thorize the consolidation of railroad corporations owning parallel or competing lines of road. No law shall be passed authorizing or sanctioning the suspension of specie payments. All able- bodied male citizens, between eighteen and forty- five, shall be^ annually enrolled, as a militia 66 ABSTRACTS OF CONSTITCTIONS. 327 force, to be divided into active and reserve loroes — the active to be called the National Guard of the State of New York, and not to exceed, in peace, thirty thousand men. Constitntion of Alabama. Adopted in convention, November 5, 1867, voted on by the people, February 4, 1868. The declaration of rights provides that all persons resident in the State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of , the United States, are citizens of the State, pos- ■Bessing equal civil and political rights and public privileges. Freedom of speech and press is guarant^d, with responsibility for its abuse ; also the right to bear arms in defence of himself and the State. Prohibits any form of slavery or involuntary servitude except as pun- ishment for crime. Asserts that the State has no right to sever its relations to the Federal Union, or to passiany law in derogation of the ■paramount allegiance of the citizens of this State to the Government of the United States. The president of the senate and speaker of the house shall hold their offices until their successors shall be qunlified. The legislature has power to suppress duelling. The State shall not engage in any internal improvements. The governor has the veto power, but a majority of the whole number of members of each house may pass a bill over the veto. The governor shall have a pardoning power in all cases except treason, but his pardon shall not relieve from civil or political disability. Art. 7, sec. 2 — Every male person, born in the United States, and every male person who has been naturalized, or who has legally declared his intention to become a citizen of the United' States, twenty-one years old or upwards, who shall have resided in this State six months next preceding the election, and three months in the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector; provided that no soldier, or sailor, or marine, in the tnilitary or naval service of che United States, shall hereafter acquire a residence by reason of being stationed on duty in this State. Sec. 3. It shall be the duty of the general as- sembly to provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to regis- ter, vote, or hold office: 1st. Those who, during the late rebellion, inflicted, or caused to be in- flicted, any cruel or unusual punishment upon any soldier, sailor, marine, employe, or citizen of the United States, or who, in any other way, violated the rules of civilized warfare. 2d. Those who may be disqualified from holding office by the proposed amendment of the Constitution of the United States, known as " Article XIV," and those who have been disqualified from regis- tering to vote for delegates to the Convention to frame a constitution for the State of Alabama, under the act of Congress " to provide for the more efficient government of the rebel States," passed by Congress March 2, 1867, and the acts supplementary thereto, except such persons as aid^d in the reconstruction proposed by Con- gress, and accept the political equality of all men before the law ; provided, that the general assembly shall have power to remove the dis- abilities incurred under this clause. 3d. Crimi- nals. 4th. Idiots and insane persons. All persons, before registering, must take and subscribe the following oath : -, do solemnly swear (or affirm) that I will sup- port and maiutaln the Constftution and laws of the United States, and the oonstitution and laws of the State of Alabama; that I am not excluded from registering by any of the clauses in sec. 3, article 7, of the constitu- tion of the State of Alabama; that I will never counte- nance or aid in the secession of this State from the United States; that I accept the civil and political equality of all men ; and agree not to attempt to de- prive any person or persons, on account of race, color, or previous condition, of any political or civil right, privilege, or immunity enjoyed by' any other class of men; and, furthermore, that I will not in any way injure, or countenance in others any attempt to in- jure, any person or persons on account of' past or present support of the Government of the United States, the laws of the United States, or the principle of political and civil equality of all men, or for affilia- tion with any political party. The militia shall consist of all able-bodied male inhabitants between eighteen and forty- five, to be divided into tVo classes, volunteer and reserve. The common schools and other educational institutions shall be under the man- agement of a board of education. Certain funds are inviolably appropriated to educational pur- poses. One fifth of the annual revenues of the State shall be devoted exclusively to the main- tenance of public schools, the whole tax on real and personal property not, however, to exceed two per cent, of the assessed value. Corpora- tions to be formed under general laws. Personal property to the value of $1,000 to be exempted from sale on execution for debt hereafter con- tracted ; also every homestead in the country, not exceeding eighty acres of land, and the dwelling and appurtenances thereon ; or, in lieu thereof, a lot in a city, town, or village, with the appurtenances thereon, and occupied by the owner, not exceeding $2,000 in value, such ex- emption not tQ.extena to any mortgage lawfully obtained. Constitution of Arkansas. Adopted by convention February 11, 1868, and ratified by the people March 13, 1868. It provides, among other things, that the par- amount allegiance of every citizen is due to the Federal Government, in the exercise of all its con- stitutional powers, as the same may have been or may be defined by the Supreme Court of the United States, and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith, or perform any act tending to impair, subvert, or resist the supreme authority of the United States. Th^ equality of all persons before the law is recog- nized and shall ever remain inviolate ; nor shall any citizen ever be deprived of any right, privi- lege, or immunity, nor exempted- from any bur- den orduty, on account of race, color, or previous condition. The general assembly shall not grhnt to any citizen or class of citizens privileges or immu- nities which, upon the s-ame terms, shall not equally belong to all citizens. No religious or property test shall be required for voting or holding office. Se» 25. declares null and void the ordinaaoa 328 POXITICAL liAW'UAl;. of secetsion, attd all action of the State under its constitution of 1861, »iid tte State debt' then in'ctirred shall not b'e recognized aa dbligatory. No citizen' of thi^' State shall be disfranchised, or deprived of anjr of the rights or privileges secured to any citizen' thereof, unless the same is done by the lavir of the land, or th? judgment of his peer's, except as hereinafter provided. There shall be neither slavery nor involuntary servitude, either by indentures, apprenticeships, or otherwise, except as a punishment for crime. The general assembly shall have no power to make compensation for emancipated slaves. Taxes limited to two per cent, of assessed value. Every male person born rii the United States, and every male person who has been naturalized, or has legally declared his intention to become a citizen of the United St-ates, who is tweiity-one years old or upwards, and who shall have resided" in the State six mouths next preceding the elec- tion, and who. at the time is an actual resident of the county in wliich he offers to vote, except as hereinafter provided, shall be deemed an elector. :, , . . Akt. 8. Sec. 3, The following. classes shall not be permitted to register Or hold office, viz: . . -iMrst. Those who during the rebellion took tiie oath of allegianeei or gave bonds for loyalty and good behaviour to .the United States Gov- ernment, and afterwards gave aid, comfort, or countenance to those engaged in armed hostility to the Government of the United States, either by becoming a soldier in the rebel army, or by entering the lines of said army, or adhering in any way to the cause of rebellion, or by_aocom- panying any armed force belonging to. the rebel army, or by furnishing supplies of any kind to the same. Second. Those who are disqualified as electors, or from holding office in the State or States from which they came. . Third. Those persons who during the late re- bellion violated the rules of civilized warfare. Fourth. Those who may be dis I will support the constitution and laws of the United States, and the eonstitntion and 'laws of this State, and that I will fefthfully and impartially discharge and perform all tne duties incumbent on mo as according to the best of mv ability and understanding: so help me God. ■ ■ No liability, either State, parochial, or muni- cipal, shall exist for any debts contracted for or in the interest of the rebellion against the United States Government. Thereshall be no property qualification fore offic. All agreements, the consideration of which was Confederate money, notes, or bonds, are null and void, and shall not be enforced by the courts of this State. Contracts for the sale of persons are null and void. The State of Louisiana shall never jasumo nor pay any debt or obligation contracted or incurred in aid of the rebellion ; nor shall this State ever, in any manner, claim from the United Startes, or make any allowance or compensation for slaves emancipated or liberated in any way whatever. All contracts by which children were bound out without the knowledge or consent of their parents are null and void. There shall be at least one free public school in each parish, for children between six and twenty-one, who shall be admitted to the pub- lic schools or other institutions of learning sus- tained or established by the State in common, without distinction of race, color, or previous condition. And no municipal corporation shall make rules contrary to the spirit and intention of this article. Public school fund provided for, of which one half of the poll-tax is a part. The militia are all able-bodied male citizens, between eighteen and forty-five. The ordinance of secession of the State of Louisiana, passed 26th of January, 1861, is hereby declared to be null and void. The con- stitution adopted in 1864, and all previous con- stitutions in the State of Louisiana, are declared to be superseded by this constitution. An election for State officers provided for April 17 and 18, at the same time with the vote on the constitution. All civil officers thus elected shall enter upon the discharge of their duties on the second Monday after the return of their election shall have been officially promul- gated, or as soon as qualified according to law, and shall continue in office for the terms of their respective offices herein prescribed, said terms to date from the first Monday in November follow- ing the election. The Legislature shall meet in New Orleans on the third Monday after the pro- mulgation aforesaid, and proceed, after organiza- tion, to vote upon the adoption of the XlVth Amendment to the Constitution of the Uoited States. Conatitution of Georgia. Adopted by Convention, Miirch 11, 1868, and ratified by the people, April 20, 1868. Pro- vides, among other things, that slavery shall not exist. All persons horn or naturalized in the United States, and resident in this State, are herebj declared citizens of this State, and no laws phall be made or enforced which shall abridge the privileges or immunities of citizens of the United States, or of this State, or deny to any person within its jurisdiction the equal protection of its laws. And it shall be the duty of the General Assembly, by appropriate legislation, to protect every person in the due enjoyment of the rights, privileges, and immunities guaranteed in this section. The State of Georgia shall ever remain a mem- ber of the American Union ; the people tliereoif are a part of the American nation ; every citizen thereof owes paramount allegiance to the Con Btitution and government of the United States, and no law or ordinance of this Statt, in oontrar ABSTRACTS OF CONSTITUTIONS. 331 veution or subversion thereof, shall ever have any binding force. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest for five days before an election, during the election, and two days subsequent thereto. The social status of the citizens shall never be ■the subject of legislation. The power of the courts to punish for conteraptahall he limited by legislative acts. No imprisonment for debt. Whipping, as a punishment for crime, prohibited. No poll-tax to oe levied except for educational purposes, and it not to exceed $1 annually on each poll. Every male person, born in the United States, and every male person who has been natural- ized, or who has legally declared his intention to become a citizen of the United States, twenty- one years old or upward, who shall have resided in this State six months next preceding the elec- tion, and shall have resided thirty days in the county in which he offers to vote, and shall have paid all taxes which may have been re- quired of him. and which he may have had an opportunity of paying, agreeably to law, fcr the year next preceding the election, (except 'as hereinafter provided), shall be deemed an elector ; and every male citizen of the United States, of the age aforesaid, (except as hereinafter provided,) who may be a resident of the State at the time of the adoption of this constitution, shall be deemed an elector, and shall have all the rights of an elector, as aforesaid : Provided, That no I soldier, sailor, or marine in the military or na- val service of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State ; and no person shall vote, who, if challenged, shall refuse to take the fol- lowing oath : "I do swear that I have not given, or received, nor do 1 expect to give, or receive, any money, treat, or other thing of value, by which my vote, or any vote, is affected, or ex pected to be affected, at this election ; nor have I given or promised any reward, or made any threat, by which to prevent any person from voting at this election." Every Senator or Bepresentative, before tak - ing his seat, shall take an oath or affirmation to support the Constitution of the United States, and of this State; that he has not practiced any unlawful means, directly or indirectly, to pro- cure his election, and that he has not given, or offered, or promised, or caused to be given, or offered, or promised, to any person, any money, treat, or thing of value, with intent to affect any vote, or to prevent any person voting at the election at which he was elected. The Governor has the veto powei, subject to two thirds vote of each House. All contracts made, and not executed, during 'the late rebellion, in aid of it, are annulled. Common school fund provided for. Militia to be all able-bodied males, between eighteen and ^forty-five. Each head of a family, or guardian or trus- tee of a family of minor children, shall be en- titled to a homestead of realty to the value of 'two thousand dollars, in specie, and persona,! property to the value of one thousand dollars, in specie, both to be valued at the tim« they are set apart. The laws of general operation in force in this State are : 1. As the supreme law — the Constitution of the United States, the laws of the United States in pursuance thereof, and all treaties made under the authority of the United States. 2. This constitution. 3. Acta of rebel legislation not inconsistent with the Constitution and laws of the United States. The following sections are those referred to in the action of Congress on the restoration of the State : Section XVII — I. No conrt in this State shall have jurisdiction to try or determine any suit against any resident of this Stale upon any contract or agreement made or implied, or upon any contract made in renewal of any debt ex- isting prior to the Ist day of June, 1865. Nor shall any court or ministerial officer of. this State have authority to enforce any judgment, execution, or decree rendere4or issued upon any contract or agreement made or implied, or upon any contract in renewal of a debt existing prior to the 1st day of June, 1865, except in the fol- lowing cases : 1 In suits against trustees, where the trust property is in the hands of the trustee, or has been invested by him in other specific effects now in his. hands, and in suits by the vendor of real estate against the vendee, where not more than one-third of the purchase-money has been paid, and the vendee is in possession of the land or specific effects for which he has sold it, and he refuses to deliver the land or said effects to the vendor. In such cases, the courts and officers may entertain jurisdiction and enforce judg- ments against said trust-property, or land, or effects. 2. In suits for the benefit of minors by trus- tees appointed before the 1st day of June, ISfi."!. 3. In suits against c(vporatiou8 in their cor- porate capacity, but not so as to enforce the debt against the stockholders or officers thereof in their individual capacity. 4. In suits by charitable or literary institu- tions for money loaned, property — other than slaves — sold, or services rendered by such insti- tutions. 5. In suits on debts due for mechanical or manual labor, when the suit is by the mechanic or laborer. 6. In cases when the debt is set up by way of defence, and the debt set up exceeds any debt due by defendant to plaintiff, of which the courts are denied jurisdiction. 7. In all other cases in which the General As- sembly shall by law give the "said courts and officers jurisdiction : Provided, That no court or officer shall have, nor shall the General Assem- bly give, jurisdiction or authority to try or give judgment on or enforce any debt, the considera- tion of which was a slave or slaves, or the hire thereof. III. It shall be in the power of the General Assembly to assess and collect upon all debts, judgments, or causes of action when due, founded on any contract made or implied before the 1st 332 POLITICAL MANUAL. day of June, 1805, in the hands of any one iii his own right; or trustee, agent, or attorney of another, on or after the Ist day of January, 1868, a tax of riot exceeding twenty-five per cent., to be paid by the creditor, on pain of the' forfeiture of the debt, but chargeable by him as to one-half thereof agaiiist the debtor, and col- lectable with the debt: tfevided. That this tax shsiil not be collected if the debt or cause of action be abandoned or settled without legal process, or, if in jndgment, be settled vritfaout levy and sale: And provided fu/rther, That this tax shall not be levied so long as the courts of this State shall not have juriidic^on of stich debts or causes of action. Constitution of Korth Carolina. Adopted by Converition March 16, 1868, arid ratified by the people Apr!l 23, 18^8. Provides, atoong other things : Seo. 3. That the pebple of this State have the itiherent, sole; and exdldstve right of I'egulfttirie the internal government arid police thereof, arid 6f altefiidg and abolishing their ddnStitntidn arid forni of gbvfernmerit, whenever it may be necessary to their safety and happtrieisS ; but every such right should be exefcis'ed in pursu- inee of law, and consistently with the' Cbristitu- tion of the United States. Seo. 4. That this State SH^ll evei' remain a metnber of the Americari" Union ; that the pedple thereof are part of tile' Aniericari nation ; that ffiiere is rid fight dri the part df this Stite td se- eede, and thstt sill atteiilpfs, frolfi' *hat;6Vef tource or upon whatever ptetexS, to diS^olte said Union, or to sever said liation, dright to be re- sisted with the whole power df th'e State. Seo-. 5. That every cftiiieri of this' State oWes paramount allegiance to the Constitution arid Government of the Ufiited States, and that no lavf or ordinance of the State' in cdtttraventiori or Subversion thereof ^an have' &nf hiriding Iftrce. Seo. 6. Td riiiliTi'taiiri the hdnbr arid good faith of the State untarnished, the pti'hlic debt, regu- larly contracted before arid siricd the febellidu, shall be regarded sis inviolaBle arid never be questioned ; but the State shall ndvel' assume Of pay, or authorize the collection of, any debt or obligation, express oi iriiplied, irifeufr'ed in aid of insurrection or rebellion against the United States, or any claim for the loss or ematiiiff altlori of striy slave. Aet. 6. Sbo. 1. Evefy male petSdn born in the Uiliti^d States, arid em^ riiale pefsott *h6 his been naturalized, twenty- one fekta old of up- ward, \*rho shstll have resided in this Stslte IWelve months next pfecedirig the election, and thifty days in the county in \)vhich he dffefS td Vote, ghall be deeriied ari elector. Seo: 4. Evf^ry voter, SxiBp't da hefeinaftet' pro- vided, shall be eligibls td dffidS; but befdfe e&- tetiug ri'pdrt the distihafga of the drifi'SS df his office, he shall take and subscribe the folte^iflf oath: t ^ — , do spieittnly S^eSr (tit affltrii) that 1 will aup- itotl a'nol tfta&tato fh* OdiSstitd«o* AAA Wm df tHe United States, and the constitution and laws of Horth Carolina not inconsistent therewitli, and that I will faithfully discharge the duties of my offloe. So help me God. The general aiSsembly, at its first session, shall establisfi a uniform system of public schools, to be free to all the children of the State between: six and twenty-one years. The University of North Cardlitfa' declared to be held to an insep- arable oonfledtion With the free public school system. Homestead exenlption secured, reailty to the Value of $1,000, personal ^00. All able-bodied male oitiBens, between twenty-one and forty, are liable to duty in the militia. Duelling prohibitedi Constitution of Sontb Carolina. Adopted by Convention STarch 17, 1868, and ratified'by the people April 16, 1868. ffovides, among other things, that slavery shall never exist in this State. Every citizen of this State owes paramount allegiance to the Constitution and Government of the United States, and no law or ordinance of'this State in contravention or subversion thereof can have any binding force. .This State shall fever reriiairi a' member of the American Union, and all attempts, from what- ever source, or upon whatever pretext, to dis- solve the said Union^ shall be resisted' with the Whole power of the State. 1^0 person shall be disqualified as a ^witness, of be prev,ented from acquiring, holdiQg, ana transmitting property, or be hindered in acquir- ing education, or be fiable to any other punish- ment for any offence, or be subjected in law to any othdr restraints or disqualifications in regard td any personal right.'! than sOch as are laid upon others under like circumstances. No person shall be imprisoned for debt, except in oases of fraud; and a reasonable amount of property, as a homestead', shall be exempted from seizure or sale for the payment of any debts or liabilities, except for the payment of such obli- gations as are provided' for in this constitution. No property qualification shall be necessary for an election to or the holding of any office. All elections shall be free and open, and every inhabitant of this Cqmm'onwealth possessing the qualifications provided for in this constitution. Shall have an equal right to elect officers and be elected to fill puolic offices. Representation shall be apportioned according to population, and no person in this State shall be disfrarichised, or deprived of any of the rights or privileges now enjoyed, except by the law of the land or the judgment of his peers. Distinction on a.ccpnnt of race or color, inany icase whatever, shall be prohibited, and all classes of citizens shall enjoy equally all com- mon, public, legal, and political privileges. Members of the general assembly, and all , officers, before they enter upon the exejution of the duties of their respective offices, and all ftiBttiberH of the bar, before they enter upon the practice of their profession, shall take and snb- sCfioe the following oath : J, , dp soleninly swear (or affirm, as the ease may be)that 1 am duly qaalificd, aocordinK to the Oon- stitutioti bf the United States nftd of this Stats, to e'x- ercise the duties of the ofBos to which I have been elected, (or appointed,) and that I will faithfully dis- charge, to the best of my nbilitiep, the duties thereof: that I recognize the supi*emacy of the Constitution ana ABSTRACTS OV CONSTITUTIONS. J33 lawei of the United states over the oonstitullODimd laws of any State j and that I will support, protect, ^nd de- fend the Constitution I of tUie United-States and the constitution ot South-, Carolina, 4S ratified by the peo- ple on the — — day of , 1$Q8. go hgjp pie (3o4- Every male citizen of the United Stfitef, of the age of tvveuty-one years and upwards, _not laboring tjndw'the 'dipabilities named in this constitution, without distinction of race, color,' orformer condition, who shall be a resident of this State at the time of the adoption Of this constitution, or who shall thereafter r^si;4e,,^^l, this Siate one y^r, and in the county in which be offers- to voie aixty days next .preceding any election, shall he entitled.to vote tor., all officers, that are now, or heresifterniay ;be,. elepted by the people, and upon ^all questions eubmitted' to the eleotors.-^t-ajiy.. elections : Proi)t(i$d,1hs.t no persoti shall be-Mlo^ed to -vote , or , hold office who is now, qr ,heresifter njay ibe-.-diisaiialified therefor by the Constit^iiqnof ,thetjpitea States, until such .diaqpalificatiop gh^ll be rempyejd by the Congr-ess.pf.the JJpited Statp?. IIom.eBj;e3,d sxenjption geoiiirieji- The ^general ja^sembly shall .ney?r pass any law tliat yfill depiriy.e ,aijy of the.fiiti^ens pf .this. State of th,e. right of suffrgigp, except ,for .treason, murder, robbery, or duelling,. whereof tlje per- sons shall have been duly tried and C9nvipted. iSo person b1i9,11 be .disfranchised for fplpny or other crimes committed while sngji, person was a slave. All the pnblic.sehools, cpUeges, and universi- ties of this Statp,:6upper±ed iii ,w,hole or in, part by the public fuijds, shall b^-! free and qpen ito fill the children and youths of the Stg^te, without regard to race or color. , Governor has the veto, bijt two-thirds of ^aeji house may pass ; a bill oyer .the veto. ,Iudgps shall not charge juries in rpspect .to paatl^ers of fact,'but may state the tes.fimony- and declare the law. All contracts, whether .under sefil or not, -the ronsideration of which were, for the, purchase of slaves, are declared null and void; and.aill pror ce.ediqgs under them annulled. Electionsjshall.be by ballot. All voters- shalji be eligible to elective offices, exciept as otherwise provided in this,coBs,titutio.n or the, Cpnsti,t.iition and laws .of the United- St?ites. ,Pre3iden.tial electors sha,ll be elected by the people. The general, assembly may levy a ppllrtax of $1 per year, for..the,.public. sc.h,Ppl.fana. ,No adc ditionat poll-ta.x shall be, levied; by any munici- pal corporation, and no person;, to .be deprived of suffrage fpr non-pavjnent.of this tax. Nodebt coatrafted by this State in behalf of the late rebellion, in whole or in part, .shaU ever be paid. A l.ifeeriil and. uniform system of fr.ee public schools shall, be, eatablishe.d", for all chijdren, be,- tween six and sixteen, for. a ter.m equivalent to twenty-fp)ir-^o;3,ti3,.at least, facilitjea to be af- forded to all the, inhabitants for the .frpe, e4«ca- tipii of- their childrep- Scb.opJ fund esljablj,5hed. The militia shall consist of 9,11 able7bpdie,d male citizens between eighteen and forty-fiye. No perj8QiipIialI.be. elected or appointed, to any ofSce unless he, possesses the qu§,lifioatio.n3 of an elector. Constitution of Virginia. lAidopted-by Gonvention April 7, 1866. Prp- videa, .among -other things — That this State shall ever .remain a member pf' the. United -States of America, and that the people thereof are part of the American nation, land that all attempts, from whatever source or ijpfin--whateiver;pEeteKt, to .'dissolve said Union or to sever s.aid natiop, are unauthprized an3 o.ught to .be, resisted with tihe whole power of the-State. The Constitution of the United States, arid the laws of Congress passed in piirsuanoe thereof constitute-the supreme law of the land, to-which paramou.Bt allegiance anfl obedience are due from e.very reason of any executive pardon or amnesty, for any act or thing which, without such pardon or amnesty, WuTd disqualify him from registra- tion or voting. ■" Seo. 8. That section four of said last-named actshallhe cojjs.trued to aut,hori?;e thecommand- ing general named therein, whenever he stall deem it needful, to remove any member of a board of registration and to appoint another iii his stead, and to fill any vacancy in such board. Sec. 9. That all members of said boards of registration, and all persons hereafter elected; or appointed to office in said military districts, under any so-called State or municipal author- ity, or by detail or appointment of the distript commanders, shall be required to take and ^o subscribe the oath of office prescribed by law for officers of the United States. Seo. 10. That no clistrict commander or mem- ber of the board of registration, or any of the officers or appointees acting under them, shall be bound in his action by any opinion of siny civil officer of the United States. Seo. 11. That all the pr.ovisions of this act and ef the' acts to which this is supplemental shall be construed liberally, to the end that all the intents thereof may be fully and perfectly carried out. -{This bill passed the House, July 13, yeas 111, nays 23 ; and the Senate, the same day, yeas 31, nays 6 — the Republicans voting yea, and the .Demoprats nay. July 19, the bill was vetoed by President Johnson, and the same day it was re-passed by both Houses — in the House, yeas 109, nays 25 ; in the Senate, yeas 30, nays 6 ; a party yote, as before.] Act of March 11, 1868. A.N 40T to amend the act passed March 23, 1867, entitled "An act supplementary to 'An act ^0 provide for the more efficient govern- ment of the . rebel .Staljes,' passed March 2, 18B7,_^nd to facilitate their restoration." Be it enacted, &6.', That liereafter any election autborized by the act passed March 23, 1^67, entitled "An act supplementary to 'An act to provide for the more efficient goyernment of the rebel-States,' passed March 2, 1867, and to facili- tate their restoration, shall be decided by. a majority of the' votes actually cast ; and at the election 'in wliioli the question of the adoption or rejection of any constitution ja submitted, any persontduly registered in the State may vote-'in the "election district where he offers to vote when he lias resided therein for ten days next preceding' such election, ppon presentation, of liis"cei'tificate of registration, his affidavit, or other satisfactory e-yidejipe, under such regular tipns. as the district commanders may prescqfi'e.- SEC.,2.-That the co'ns'titutional convention of any of tli&.'Stafes mentjoned in tjie acts to whiGh this is amendatory may provide that at the tiBje oi' voting upon the ratification of the constitil- tion, the registered voters may vote also fyr m"p,mbers'of the Houseof Eepresentatives of tlje United States, and for all elective officers provided ■for by the said constitutipn • and the same elec- tion officers, wiio shall make the return of the votes cast on tbe ratification or rejection of the constitution, shall enumerate and certify ths votes cast for niembers of Congress. RECONSTRUCTION MEASURES. 337 Became a law, March 11, 1868, by lapse of time, the President not having signed or re- turned it- with his objections within ten days after its presentation to him. [This bill passed the House, February 26, yeas 96, nays 32; and the Senate, February 25, yea» 28, nays 6 ; the Eepnblicane voting for the bill, and the Democrats against it.] &n Act to admit the State of Arkansas to Bep- resentation in Congress, June 32, 1868, Whereas the people of Arkansas, in pursuance of the provisions of an act entitled " An act for the more efficient governmentof the rebel States," passed March 2, 1867, and the acta supplementary thereto, have framed and adopted a constitution of State government, which is republican, and the Legislature of said State has duly ratified the amendment to the Constitution of the United Stales proposed by the Thirty- Ninth Congress, and known aa Article XIV ; Therefore, Be it enacted, tfic, That the State of Arkansas is entitled and admitted to representation in Congress, as one of the States of the Union, upon the ioUowing fundamental condition: That the constitution of Arkansas shall never be so amend- ed or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted, under laws equally applicable to all the inhab- itants of said State ; Provided, That any altera- tion of said constitution prospective in its effect may be made in regard to the time and place of residence of voters. [This bill passed the House, May 8 — yeas 110, nays 32; the nays being all Democrats, except Messrs. Baker, Loan, Spalding, and Thomas Williams, the "fundamental condition" therein being " that the constitution of Arkansas shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote yiho are entitled to vote by the constitution herein recognized, ex- cept as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted." June 1, the bill was amended in the Senate, on motion of Mr. Drake, so that the "fundamental condition" should read: "That there shall never be in said State any denial or abridgment of the elective franchise, or of any other right, to any person by reason or on account of race or color, except Indians not taxed;" which was agreed to, yeas 26, nays 14, and was then passed, yeas 34, nays 8. A committee of conference agreed upon the bill aa printed above, and their report passed the Senate, June 6, without a'division, and the House also, a motion to table the report having been lost, yeas 27, (all Democrats,) nays 108, (all Eepubli- cans, except Mr. Stewart, of New York.) June 20, the bill was vetoed by the Peesident, and passed in the House, yeas 111, na;y8 31 ; June 22, It passed the Senate, yeas 30, nays 7. In the House, on re-passing the bill, Mr. Stewa,rt voted aye with the Bepublicans, and Mr. Gary voted nay with the Democrats. In the Senate the vote was ; 22 YiAB— Messrs. Chandler, Cole, Conkling, Conness, Corbstt, Cragin, Edmunds, Ferry, Feasendon, Harlnn, Howard, Morgan, Morrill of Vermont. Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Boss, Sherman, Sjprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Willey, Wilson, Yates— 30. Nats— Messrs. Bayard, DavU, Doolittle, Hendricks, Me- Oreery, Patterson of Tennessee, Saulsbwy—'J. An Act to Admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to Bepresentation in Congresg, June SS, 1868. Whereas the people of North Carolina, Souths Carolina, Louisiana, Georgia, Alabama, and Flor- ida have, in pursuance of the provisions of an act entitled "An act for the more efficient govern- ment of the rebel States," parsed March 2, 1867, and the acts supplementary thereto, framed con- stitutions of State government which are repub- lican, and have adopted such constitutions By large majorities of the votes cast at the elections held for the ratification or rejection of the same : therefore, * Beit enacted, die., That each of the States of North Carolina, South Carolina, Louisiana, Geor- gia, Alabama, and Florida, shall be entitled and admitted to representation in Congress as a State of the Union when the Legislature of sueh State shall have duly ratified tne amendment to the Constitution oi the United States proposed by the Thirty-Ninth Copgress, and known as Arti- cle XIV, upon the following fundamental condi- tions : That the constitution of neither of said States shall ever be so amended or changed aa to deprive any citizen, or class of citizens, of the United States of the right to vote in said State who are entitled to vote by the constitution thereof, herein recognized, except as a punish- ment for such crimes as are now feloniea at com- mon law, whereof they shall have been dtllj? convicted under laws equally applicable to allj the inhabitants of said State ; . F^ovidedf Ifhals any alteration of said constitutions may be.ipfl.da with regard to the time and place of ijesidenoa of voters. And the State of Georgia shiall only be entitled and admitted to representatiion upaa ' this furtfier fundamental condition,; That th» first and third eabdivisions of section seventeen of the fifth article of the constitution of said State, except the proviso to the first subdivision, shall be null and void, - and that the general assembly of said State, by. solemn public act, shall declare the assent ol the State to the fore- going fundamental condition.'^ Seo. 2. That if the. day fixed for the first. meeting of the Legislature of either of said States, by the constitu^tion or ordinance thereof, shall have passed, or- have so nearly arrived be- fore the passage of this act that there shall not be time for the Legislature to assemble at the period fixed,, si^ch Legislature shall convene at the end of twenty days from the time this act takes effect unless the Governor-elect shall soon- er convene thasivme. Seq. i. That the first section of this act shalll take effect as to. each State, except Georgia, wheni such, State shall by its Legislature duly ratify- Article- XIV pf the amendments to the Conetir tution of the United States, proposed by- the- imirty-Nintb, Congress, and. as to the State of * See page 331. 338 POLITICAL MANUAL. Georgia when it shall in addition give the assent of said State to the fundamental condition here- inbefore imposed upon the same ; and thereupon the officers of each State, duly elected and qual- ified under the constitution thereof, shall be in- augurated without delay ; but no person prohib- ited from holding office under the United States or under any State by section three of the pro- posed amendment to the Constitution of the United States known as Articb XIV, shall be deemed eligible to any office in either of said States unless relieved from disability as provided in said amendment ; and it is hereby made the dutj^ of the President, within ten days after re- ceiving official information of the ratification of said amendment by the Legislature of either of said States, to issue a proclamation announcing that fact. [This bill passed the House, -May 14, yeas 110, nays 35 ; the Senate, June 9, yeas 31, nays 5 — Republicans/or, Democrats against it. June 25, it was vetoed by President Johnson, and passed over the veto, same day, in the House, yeas 107, nays 31 ; and in the Senate, yeas 35, nays 8.] IMFOBTAITT VOTES SUBIITG THE C0H8IDEB- ATION 07 THE ABOVE BILLS. Votes prior to Passage of Act of March 11, 1868. Paring the pendency in the Senate of the act of March 11, 1868-^ February 25 — Mr Doolittle moved to amend by adding to the second section this proviso : " Provided, nevertlieless. That upon an election for the ratification of any constitution, or of officers under the same, previous to its adoption in any such State, no person not having the qualifications of an elector under the constitu- tion and laws of such State, previous to the late rebellion, shall be allowed to vote, unless he shall possess one of the following qualifications, viz.: " 1st. He shall have served as a soldier in the Federal army for one year or more; or, 2d He shall have sufficient education to read the Con- stitution of the United States, and to subscribe bis name to an oath to support the same; or, 3d. He shall be seized in his own right, or in the right of his wife, of a freehold of the value of two hundred and fifty dollars." Which was not agreed to — .yeas 3, nays 33, as follow: Yeas— Messrs. Dixon, Doolittle, Hemirieka—a. Wats — Buckalew, Chandler, Cole, Conkling, Corbett, Oragin, Davis, Drake, Ferry, Fowler, Harlan. Hender- son, Howe, Morgan, Morrill of Malpe, Morrill of Ver- mont, Nye, Patterson of New Hampshire, Pomeroy, Bamsey, Ross, 8herman;^8tewart, Sumner, Thayer, Tipton, TruarbuU, Van Winkle, Wade, Willey, Wil- liams, Wilson, yates— 33. 1867, December 18 — The House passed a bill modifying the fifth section of the act of March 23, 1867, so that a majority of the votes cast at the election shall be sufficient to ratify the con- stitution, and authorizing an election for mem- bers of Congress .at the same time with the vote on the constitution, according to the districts as they existed in 1858 and 1859. On this the yeas were 104, nays :37, Bepublioans and Messrs. Gary and Stewart in the Affirmative, and Demo- crats in the negative. 1868, January 21 — The House passed a bill declaring that in the ten rebel States there are no civil State governments republican in form, and that the so-called civil governments in said States shall not be recognized as valid or legal State governments either by the executive or judicisu power or authority of the United States. The General of the army was authorized and required to enjoin, by special orders, 'upon all officers in coinmand within those States the per- formance of all acts authorized by the reconstruc- tion acts, and authorized to remove from com- mand any or all of said commanders, and detail other officers of the United States army, not-be- low the rank of colonel, to the end that the people of said several States may speedily reor- ganize civil governments and be restored to po- Etical power in the Union. The G^neril of the army was authorized to remove any or all civil officers now acting under the several p;.Gvisioual governments within said several dioorgauized States, and appoint others, and to do any and all acts which are authorized to be done by th/9 several commanders of the military departments within said States ; and the law which a,utborizes the President to detail the military commanders to said military departments, or to remove any officers who may be detailed as herein provided, is hereby repealed. It was provided that it shall be unlawful for the President of thb United States to order any part of the army or navy of the United States to assist, by force of a'ms, the authority of either of said provisional govern- ments in said disorganized States to oppose oi obstruct the authority of the United (states, as provided in this act and the acts to which this IB supplementary. Fine and imprisonment were provided for violation of this act. The vote was — yeas 124, nays 45, as follow : Teas — ^Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, iJaker, Baldwin, Banks, Beaman, Benjamin, Benton, hlngham, Blaine, Blair, Boutwell, Bromwell, Broomall, Jiuckland, Cake, Churchill, Reader W. Clarke, Sidney' Clarke, Cobb, Co- TV) JL' AClUi^ Harding, Higby, Huoper, Hopkiu^), AaaJiel W. HubbarSi Chester D. Hubbard, Hulbui-d, Mxmtei, Ingerjoll, Jenckes, Jndd, Julian, Kelley, /.ftlsey, Ketcham, Kit- chen, Koontz, V/illiam Lawreti'.e,' Lincoln, Logan, Loughridge, Marvin, Maynaid, McCarthy, MoCliitg, Merour, Miller, Moore, Moorhiifi, Muliina, Myors, Ncw- oomb, Nunn, O'Neill, Orlh, Pai.w,, Perham, Ppters. Pike, Pile, Plants, Poland, Polsley, i'omoroy. Price, Raam, Robertson, Sawyer, Sohenuk., Aeofleld, Selye, Shanits, Smith, Spalding, Starkwi.atl.e,. Aaron P.Steveus, TtMjd* deus Stevens, Taylor, Ihoir.ao, TrowhridTe, Twiohefl, Upson, Van Aernam, Ujit Van Horn, Robert T. Van Horn, Van Wyck, Ward, Jndvvalader C. Washburn, El- lihu B. Washburne, Ut.ii.v D. Washburn. William, B. Washburn, Welker, 'Ihomas Williams, William Wil- liams, James P. Wiiso*, john T. Wilson, Stephen P. Wilson, Windom, Wooabrfdge— ^124. Nays— Messrs. Admits, Archer, Axtell, Bamee, Barnvm, Beck, Boi/er, Brooks. tSurr, Cary, Chanier, Eldridqe, Fox, &etz, Olossbrmrwi; tjoUadav, Ch-over, Baic/ht, Molman, Hotchkiss, Richarrson,'Cox, Ditrjier, Evans, (Speaker.) Fttl- mer, Givens. Hedden, Hendrickion, Henry, Hering, Hood. Haugh, Huff, Hunt, Jones, Lanning. lAppincott, Magona- gle, MaxweU, Molony, Pearce, Plckel, Price, Probas(io, Mosenbaum, Sharp, Smith. Strdng, Taylor, Van Vorst, Vliet, Westcott, Whelan, Wills— 45. (One Democrat ab- sent.) Nays — Messrs. Atwater, J. B. Baldwin, Cowperfchwaite, Gage, Keim, Kennedy, Lord, Maokin, Nixon, Peek, Beeves, Speer, Van 'voorhie^-lS. (One Bepubllcan absent) Of tiie Insnrreotionar; States, Arkansas ratified the amendment, April 6, Senate, yeas 23, nays 0; and, April 3, House, yeas 56, nays 0. Florida ratified the amendment, June 9, in Senate, yeas 10, nays 3; and in House of Eep^ resentatives, yeas 25, nays 14. North Carolina ratified it, July 1, in the Sen- ate 36 to 2, in the House ,72 to 23. With the ratification by the Legislatures of the remaining States whose restoration to represen- tation is dependent upon that condition, as set forth in the act of June 25, 1868, the requisite three- fourths of the thirty- seven States will be secured, even conceding the right of Ohio and New Jersey to withdraw. Totee on eonstitntional AmenAmenti in tliQ States. IS MICHIGAir. The vote in April 1868, on the new constitu- tion, as officially declared by the State board of canvassers, was as follow : Vote for the Constitution «.....« 71,733 Against the Constitution «..„„ 110,583 Majority against the Constitution. For prohibition Against prohibition... Majority against prohibition. For annual sessi<^s For biennial sessions Majority for biennial sessions»»..„„„., ...„. 75,832 The vote on the constitution is larger by about ' 18,000 than the vote on Gcveriiior iO' 1866. Total vote oa constitution. „ l62i3M " " prohibition .^...,„„, :.,., 183,605 " " sessions „„..,.,„ ,. 124,79« IH emOi. In October, 1867, the, vote. was taken on, the . proposed constitutional! amendment respeating; suffrage," for which see Political: Manual': ff)r . 1867,'page.l31, ou-the combined, Ifenual, pag% 257. The result. \ICA&-;- 354 POLITICAI. MANUAL. Against the amendment. 255,340 For the amendment ~ ,..««;... 216,987 Total vote »..,...»._..,... 472,327 Majority against on vote cast 38,333^ Not votmg on amendment. 12,276 Constitutional majority against..^ — .. 60,629 IN EAirSAS. Iq November, 1867, the vote was taken on three Moposed amendments respecting voters: First. To strike out the word "white." Second. To strike out the word "male." Third. To dis- franchise rebels. The votes were as follows : ■ On striking out " white," theyeas were 10,483, nays 19,421. Majority against, 8,938. On striking out '■ male, the yeas were 9,070, nays 19,857. Majority against, 10,787. On disfranchising rebels, the yeas were 15,672, nays 12,990. Majority for, 2,682. IN MIHHESOTA. In November, 1867, on a vote to amend the constitution so as to extend suffrage without regard to color, the yfias were 27,461, the nays 28,759. IN ILLINOIS. In November, 1868, a vote is to be taken for or against calling a convention to form a new constitution. riNAITCIAL LEGIBLATIOK. Act Aatkoriiing the C's of 18B1, July 17. 1861 — An act to authorize a national loan, and for other purposes. Sec 1. Beit enacted, (See., That the Secretary f the United States for their government, and tl atin the exercise of this power it is both th» right and the duty of Congress to prohibit in the Ter- ritories those twin relics of barbarism, polyf any and slavery. 3. That, while the Constitution of the Utited States was ordained and established by the peo- ple "in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the l)lessing'«,-„.of POLITICAL PLATEOKMS, 359 liberty," and contains ample provisions for the protection of the life, liberty, and property of every citizen, the dearest constitutional rights of the people of Kansas have been fraudulently and violently taken from them ; their territory has been invaded by an armed force ; spurious and, pretended legislative, judicial, and execu- tive officers have been set over them, by whose usurped authority, sustained by the military power of the Government, tyrannical and un- constitutional laws have been enacted and en- forced ; the right of the people to keep and bear arms has been infringed; test-oaths of an ex- traordinary and entangling nature have been imposed as a condition of exercising the right of Buffrage and holding office ; the right of an ac- cused person to a speedy and public trial by an impartial jury has been denied ; the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, has been violated ; they have been ieprived of life, liberty, and property without •due process of law ; tliat the freedom of speech and of the press has been abridged ; the right to choose their representatives has been made of no effect ; murders, robberies, and arsons have been instigated and encouraged, and the offend- ers have been allowed to go unpunished ; that all these things have been done with the know- ledge, sancti'in, and procurement of the present Administration, and that for this high crime against the Oonstitution, the Union, and hu- manity, we arraign the Administration, the President, his advisers, agents, supporters, apol- ogists, and accessories either before or after the fact, before the country and before the world ; and that it is our fixed purpose to bring the actual perpetrators of these atrocious outrages and their accomplices to a sure and condign punishment hereafter. 4. That Kansas should be immediately ad- . mitted as a State of the Union, with her present free constitution, as at once the most effectual I way of securing to her citizens the enjoyment of the rights and privileges to which they are -entitled, and of ending the civil strife now staging in her territory. !. 5. That the highwayman's plea that "might makes right," embodied in the Ostend circular, was in every respect unworthy of American diplomacy, and would bring shame and dishonor upon' any Government or people that gave it -their sanction. 6. That a railroad to the Pacific ocean by the most central and practicable route is impera- . lively demanded bv the interests of the whole country, and that the Federal Government BUghit to render immediate and efficient aid in its construction ; and, as an auxiliary thereto, to the immediate construction of an emigrant ,. route on the line of the railroad. 7; That appropriations by Congress for the ■; improvement of rivers and harbors of a national character, required for the accommodation and •ecurity of our existing commerce, are author- :ized by the Constitution and jijstified by the obligation of Government to protect the lives ■,Bnd property of its citizens. 8. That we invite the affiliation and co-opera- tion of freemen of all parties, however differing from us in other respects, in support of the principles herein declared ; and, believing that the spirit of our institutions, as well as the Con- stitution of our country, guaranties liberty ol conscience and equality of rights among citi- zens, we oppose all legislation impairing their security. Semociatic, at Cincinnati, June. The platform reiterates in detail the resolutions adopted in 1852, down to and incldding the Vlllth resolution, and added the following : And whereas since the foregoing declaration was uniformly adopted by our predecessors in national conventions an adverse political and religious test has been secretly organized by a party claiming to be exclusively American, it is proper that the American Democracy should clearly define its relation thereto, and declare its determined opposition to all secret political societies, by whatever name they may be called ' Resolved, That the foiindation of this Union of States having been laid in, and its prosperity, expansion, and pre-eminent example in free gov- ernment built upon, entire freedom in matters of religious concernment, and no respect of person in regard to rank or place of birth, no party can justly be deemed national, constitutional, or in accordance with American principles, which bases its exclusive organization upon religious opinions and accidental birth-place. And hence a politi- cal crusade in the nineteenth centur}', and in the United States of America, against Catholic and foreign-born, is neither justified by the past history or the future prospects of the country, nor in unison with the spirit of toleration and enlarged freedom which peculiarly distinguishes the American system of popular government. And that we may more distinctlj meet the issue on which a sectional party, subsisting exclu- sively on slavery agitation, now relies to test the fidelity of the people. North and South, to the Constitution and the Union : 1. Besohed, That claiming fellowship with, and desiring the co-operation of all who regard the preservation of the Union under the Consti- tution as the paramount issue, and repudiating all sectional parties and platforms concerning domestic slavery, which seek to embroil the States and incite to treason and armed resistance to law in the Territories, and whose avowed purpose, if consummated, must end in civil war and disunion, the American Democracy recog- nize and adopt the principles contained in the organic laws establishing the Territories of Kan- sas and Nebraska, as enibodying the only sound and safe solution of the " slavery question" upon which the great national idea of the people of this whole country can repose in its determined conservatism of the Union — non-ihtebjtekehce BY OONGEESS WITH SLAVERT IN STATE AND TBE- EITOET, OB IN THE DISTEIOT OF COLUMBIA. 2. That this was the basis of the compromises of 1850, confirmed by both the Democratic and Whig parties in national conventions, ratified by the people in the election of 1852, and rightly applied to the organization of Territories in 1854. 3. That by the uniform application of this democra,tic principle to the organization of Ter- ritories, and to the admission of new States, with BQO POLITICAL MANUAL. or without dumeatic slavery, as .tney may elect, Ine equal rightB of ail the States will be preserved intact, the original compacts of the Constitution maintained inviolate, and the perpetuity a,nd expansion of this Union insured to its utmost :apacity of embracing, in peace and harmony, Bvery future American State that may be con- stituted or annexed with a republican form of government. Resolved, That we recognize the right of the people of all 'the Territories, including Kansas and Nebraska, acting through the legally and fairly-expressed will of a majority of actual residents, and wherever the number of their inhabitants justifies it, to form a constitution, with or without domestic slavery, and be admit- ted into the Union upon terms of perfect equality with the other States. Resolved, finally. That in the view of the con- dition of popular institutions in the Old World (and the. dangerous tendencies of septiopal agi- tation, combined with the attempt, to enforce civil and religious disabilities against the rights of acquiring and enjoying citizenship in our own laud,) a high and sacred duty is devolved with increased responsibility upon the Democratic parly of this country, as the party of the Unipn, to uphold and maintain the rights of every State, and thereby the Union of the States; and to sustain and advance among us constitutional libBrty, by continuing to resist all monopolies and exclusive legislation for the benefit of the few at the expense, of the many, and by a vigi- lant and constant adherence to those principles and compromises of the Constitution, which are broad enough and strong enough to embrace and uphold the Union as it was, the Union as it is, and th& Union as it shall be, in the full expan- sion of the energies and capacity, of this great and progressive people. 1. Resolved, That there are questions connected with the foreign policy of this country, which are inferior to no domestic question whatever. The time has' come for the people of the United States to declare themselves in favor of free,Beas and progressive free trade throughout the world, by solemn manifestations, to place their moral influence at the side of their successful example. [Adopted — yeas 230, nays 29.] 2. Resolved, That our geographical and po- litical position with reference to the other States of this continent, noless than the interest of our commerce and the development of our growing power, requires that we should hold as sacred the pvincifdes involved in the Monroe doctrine; their bearing and import admit of no miscon- struction ; they should be applied with unbend- ing rigidity. [Adopted — yeas 239, nays 21 ] 3. tiesched, That the great highway which nature as well as the assent of the States most immediately interested in its maintenance has marked out for a free communication between the Atlantic and the Pacific oceans, constitutes one of the most important achievements realized by the spirit of modern times and the uncon- querable energy of our people. That result' should be secured by a timely and eflicient ex- ertion of the control which we have the right to claim over it, and no power on earth should be suffered to impede or clog its progress by any .interference .yvsithithe relations it may suit (Jnr policy to estatilish between our Government and the governments of the States within whose dominions it lies. We can, under no circum- stance, surrender our preponderance in the ad- justment of all questions arising out of it. [Adopted — yeas 180,' nays 56.] 4. Resolved, That, in view of so commanding an interest, the people of the United States can- not but sympathize with the efforts which are being made by the people of Central America to regenerate that pprtion of the ■ continent which covers the passage across the .inter- oceanic isthmus. [Adopted — yeas 221, nayB.38.] 5. Resolved, That the Democratic parly will expect of the next Administration that every proper effort be made to insure our ascendancy in the Gulf of Mexico, and to maintain a per- manent protection to the great outlets through which are emptied into its waters the products raised out of the soil and the commodities cre- ated by the industry of the people of our western valleys and of the Union at large. [Adopted — yeas 229, nays 33.] The following resolution, reported from the committee on resolutions, was laid on the table — yeas 154, nays 120: Resolved, That. the Democratic party recog- nizes the great importance, in a, political and commercial point of view, of a safe and speedy communication by military and postal roads, through our own territory, between the Atlantic and Pacific coasts of this Union, and that it is the duty of the Federal Government to exercise promptly all its constitutional power for the attainment of that object. On tabling,.the vote was: ■ Teas— Maine 1, New Hampsliire 4, Massachusetts 17, Riiode Island 4, Connecticut 6, New Jersey 7, Penn- sylvania 27, Delaware 3, Virginia 15, North Carolina l5,' South Carolina 8, Georgia 6, Alabama 9, Mississippi!, Ohio IG, Kentucky 8, Tennessee 3, Florida 3—154. Nays— Maine 7, New Hampshire 1, Vermont 6, Mas- sachusetts 12, Maryland 6, Georgia 4, Louisiana 6, Ohio C, Kentucky 4, Tennessee 0, Indiana 13, Illinois 11, Missouri 9, Arkansas 4, Michigan 6, Texas 4, Iowa 4, Wisconsin 5, California 4—120. The second day thereafter the rules were sus- pended—yeas 208, nays 88 — and this resolutipn was adopted^yeas 205, nays 87 : Resolved, That the Democratic party recog- nizes the great importance, in », political and cpmmercial point cf view, of % safe and speedy communication through our own territory Ije- tween the Atlantic and Pacific coasts of the Union, and that it is the duty of the Federal Government to exercise all its constitutional power to the attainment of that object, thereby binding the Union of these States in indissoluble bonds, and opening to .the rich commerce of Asia an overland transit from the Pacific to the Mississippi river, and the great lakes of the North. NATIONAL FLATF0BU8 OP 1860. Bepuhlican, at Gbioago, May. _ Resolved, That we, the delegated representa- tives of the Republican electors of the United States, in Contention assembled, in discharge of the duty we owe to our constituents and our OQUntry, unite in the following declarations: 1. That the history of the nation, during the POLITICAL PLATFORMS. 3G1 last four years, has fully establisbed the propri- ety and necessity of the organization and per- petuation of the Republican party, and that the causes which called it into existence are perma- nent in their nature, and now, more than ever before, demand its peaceful and constitutional triumph. ■2. That the maintenance of the principles promulgated in the Declaration of tlie Indepen- dence and embodied in the Federal Constitution, "That all men are created equal ; that they are endowed by their Creator with certain inalien- able riglits ; that among these are life, liberty, and the pursuit of happiness ; that to secure these rights, governments are instituted among men, deriving their just powers from the con- sent of the governed," is essential to the pre- servation of our republican institutions ; and that the Federal Constitution, the rights of the State', and the Union of the States, must and shall be preserved. 3. That to the Union of the States this nation owes its unprecedented increase in population, its surprising development of material resources, it-3 rapid augmentation of wealth, its happiness at home, and its honor abro 'd ; and we hold in abhorrence all schemes for disunion, come from whatever source they may : and we congratu- late the country that no Bepublican member of Congress has uttered or countenanced the threats of disunion so often made by Democratic mem- bers, without rebuke and with applause from llieir.political associates ; and we denounce those threats of disunion, in case of a popular over- throw of their ascendency, as denying the vital principles of a free government, and as an avowal of contemplated treason, which it is the impera- tive duty of an indignant people sternly to re- buke and forever silence. 4. That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic in- Btitntiona according to its own judgment exclu- Biioly is essential to that balance of power on which the perfection arid endurance of our po- litical fabric depends ; and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter under what pretext, as among the gravest of crimes. 6. That the present Democratic Administra- tion has far exceeded our worst apprehensions, in its measureless subserviency to the. exactions of a sectional interest, as especially evinced in its- desperate exertions to force the infamous Lbcompton constitution upon the protesting peo- ple of Kansas ; in construing the personal rela lion between master and servant to involve an unqualified property in persons ; in its attempted enforcement everywhere, on land and sea, through the intervention of Congress and of the Federal courts, of the extreme pretensions of a purely local interest ; and in its general and un varying abuse of the power intrusted to it by a confiding people. 6. Thit the people^ justly view with alarm the reckless extravagance which pervades every depkrtmant of the Federal Government ; that a return to rigid economy and accountability is indispensable to arrest the systematic plunder of the "ublic treasury by favored partisan^ while tlie recent startling developments of frauds and corruptions at t|ie Federal metropolis show that an entire change of administration is im- perativ-ely demanded. 7. That the new dogma, that the Constitution, of its own force, carries slavery into any or all of the Territories of the United Slates, is a dan- gerous political heresy, at variance with the ex- plicit provisions of that instrument itself, with contetuporaneous exposition, and with legisla- tive and judicial precedent; is revolutionary in its tendency, and subversive of the peace and harmony of the country. 8. That the normal condition of all the terri- tory of the United States is that of freedom ; tliat as our republican fathers, when they had abolished slavery in all our national territory, ordained that " no person should be deprived of life, liberty, or property, without due process of law," it becomes our duly, by legislation, when- ever such legislation is necessary, to maintain this provision of the Coostitution against all attempts to violate it; and wedeny the anthority of Congress, of a territorial legislature, or of any individuals, to give legal existence to slavery in any Territory of the United States. 9. That we brand the recent re-opening of the African slave-trade, under the cover of our na- tional flag, aided by perversions of judicial power, as a crime against humanity and a burn- ing shame to oui: country and age ; and we call upon Congress to take prompt and efficient measures for the total and final suppression of that execrable traffic. 10. That in the recent vetoes, by their Federal governors, of the acts of the legislatures of Kansas and Nebraska, prohibiting slavery in those Territories, we find a practical illustration of the boasted democratic principle of non- intervention and popular sovereignty, em- bodied in the Kansas-Nebraska bill, and a demonstration of the deception and fraud in- volved therein. 11. That Kansas should of right be immedi- ately admitted as a Slate under the constitution recently formed and adopted by her people and .accepted by the House of Representatives. 12. T^iat, while providing revenue for the support of the General Government by duties upon imports, sound policy requires such an adjustment of these imposts aS to encourage the development of the industrial interests of the whole country ; and we commend that policy oi national exchanges' which secures to the work- ingmen liberal wages, to agriculture remuner- ative prices, to meuhanicsand manufaoturers an adequate reward for their skill, labor, and enter- prise, and to the nation commercial prosperity and independence. 13. That we protest against any sale or aliena- tion to others of the public lands held by actual settlers, and against any view of the free home- stead policy which regards the settlers as paupers or suppliants for public bounty ; and we demand the passage by Congress of the complete and satisfactory homestead measure which has al- ready passed the House. 14. That the Bepublican party is opposed to any change in our naturalization laws, or any State legislation by which the rights of citizen- 362 POLITICAL MANUAL. ship hitlierto accorded to immigrants from for- eigu lands shall be abridged or impaired ; and in favor of giving a full and efBcient protec- tion to the rights of all classes of citizens, whether native or naturalized, both at home and abroad. 15. That appropriations by Congress for river and harbor improvements of a national charac- ter, required for the accommodation and security of an existing commerce, are authorized by the Constitution and justified by the obligation of Government to protect the lives and property of its citizens. 16. That a railroad to the Pacific ocean is imperatively demanded by the interests of the whole country ; that the Federal Government ought to render immediate and efficient aid in its construction ; and that, as preliminary there- to, a daily overland mail should be promptly established. 17. Finally, having thus set forth our distinc- tive principles and views, we invite the coope- ration of all citizens, however differing on other questions, who substantially agree with us in their affirmance and support. Semocratic (Douglas) Platform, adopted at Charleston, and Baltimore, June. 1. Resolved, That we, the Democracy of the Union, in convention assembled, hereby declare our affirmance of the resolutions unanimously adopted and declared as a platform of princi- ples by the Democratic Convention in Cincin- nati, in the year 1856, believing that Democratic principles are unchangeable in their nature, when applied to the same subject-matters; and we recommend, as the only lurtlier resolutions,' the following : 2. Besolved, That it is the duty of the United States to afford ample and complete protection to all its citizens, whether at home or abroad, and whether native or foreign. 3. Resolved, That one of the necessities of the age, in a military, commercial, and postal point of view, is speedy communication between the Atlantic and Pacific States ; atid the Democratic party pledge such constitutional Government aid as will insure the construction of a railroad to the Pacific coast at the earliest practicable period. 4. Resolved, That the Democratic party are in favor of the acquisition of the Island of Cuba, . on such terms as shall be honorable to ourselves and just to Spain. 5. Resolved, That the enactments of State legislatures to defeat the faithful execution of the fugitive-slave law are hostile in character, subversive of the Constitution, and revolutionary in their effect. 6. Resolved, That it is in accordance with the true interpretation of the Cincinnati platform that, during the existence of the territorial gov- ernments, the measure of restriction, whatever it may be, imposed by the Federal Conatilulion on the power of the territorial legislature over the subject of the domestic relations, as the same has been, or shall hereafter be, finally determined by the Supreme Court,of the United States.should be respected by all good citizens, and enforced with promptne.'!s and fidelity by every branch of the General Government. Democratic (Brecliinridge) Platform, adopted at Charleston and Baltimore, June. Resolved, That the platform adopted by the Democratic party at Cincinnati be affirmed, with the following explanatory resolutions : 1. That the government of a territory organ- ized by an act of Congress is provisional and temporary, and during its existence all citizens of the United States have an equal right to set- tle with their property in the territory, without their rights, either of person or property, being destroyed or impaired by congressional or ter- ritorial legislation. 2. That'it is the duty of the Federal Govern- ment, in all its departments, to protect, when necessary, the rights of persons and property in the territories, and wherever else its constitu- tional authority extends. 3. That when the settlers in a territory, liav- ing an adequate population, form a State con- stitution, the right of sovereignty commences, and, being consummated by admission into the Union, they stand on an equal footing with the people of other States ; and the State thtis organized ought to be admitted into the Federal Union, whether its constitution prohibits or re- cognizes the institution of slavery. 4. That the Democratic party are in favor of the acquisition of the Island of Cuba, on such terms as shall be honorable to ourselves and just to Spain, at the earliest practicable mo- ment. 5. That the enactments of State legislatures to defeat the faithful execution of the fugitive- slave law are hostile in character, subversive of the Constitution, and revolutionary in their effect. 6. That the Demociacy of the United States recognize it as the imperative duty of this Go- vernment to protect the naturalized citizen in all his rights, whether at home or in foreign lands, to tiie same extent as its native-horn citizens. Whereas one of the greatest necessities of the age, in a political, commercial, postal, and mili- tary point of view, is a speedy communication between the Pacific and Atlantic coasts; there- fore, be it Resolved, That the National Democratic party do hereby pledge themselves to' use every means in their power to secure the passage of some bill, to the extent of the constitutional authority of Congress, for tlie construction of a Pacific rail- road from the Mississippi river to the Pacific ocean, at the earliest practicable moment. NATIONAL PLATFOEMS OF 1864. Eepublioan, at Baltimore, June. Besolved, Thai it is the highest duty of every American citizen to maintain against all their enemies the integrity of the Union and the par- amount authority of the Constitution and laws of the United States ; and that, laying aside all differences of political opinions, we pledge our- selves as Union men, animated by a common sentiment, and aiming at a common object, to do everything in our power to aid the Govem.T raent, in quelling by force of arms the rebellion now raging against its authority, ard in bring- POLITICAL PLATFORMS. 363 ipg to th^e punishment due to their crimes tiie rebels and traitor^ arrayed against it. 2. That we approve the determination of the Government of the United States not to compro- mise with rebels, or to offer them any terms of peace, except such as may be based upon an un- conditional surrender of their hostility and a re- turn to their just allegiance to the Constitution and laws of the United States ; and that we call upon th^ Government to maintain this position and to prosecute the war with the utmost pos- sible vigor to the complete suppression of the rebellion, in full reliance upon the self-sacrific- ing patriotism, the heroic valor, and the undying devotion of the American people to the country and its free institutions. ■'■■ 3. That as slavery was the cause, and now constitutes the strength of this rebellion, and as it must be always and everywhere hostile to the prihoiples of republican government, justice and the national safety demand its utter and com- plete extirpation from the Soil of the republic ; and that while we uphold and maintain the acts and proclamations by which the Government, in its own defence, has aimed a death-blow at this gigantic evil, we are in favor, furthermore, of such an amendment to the Constitution, to be made by the people in conformity with its pro- visions, as shall terminate and forever prohibit the existence of slavery within the limits of the jurisdiction of the United States. 4. That the thanks of the American people are due to the soldiers and sailors of the army and navy, who have perilled their lives in de- fence of their country and in vindication of the honor of its flag ; that the nation .owes to them some permanent recognition of their patriotism and their valor, and ample and permanent pro- vision for those of their survivors who have re- ceived disabling and honorable wounds in the service of the country ; and that the memories of those who have fallen in its defence shall be held in grateful and everlasting remembrance. a That we approve and applaud the practical ■wisdom, the unselfish patriotism, and the un- swerving fidelity to the Constitution and the prin- oiples of American liberty, with which Abraham Lincoln has discharged, under circumstances of unparalleled difficulty, the great duties and res- ponsibilities of the presidential office ; that we approve and endorse, as demandtd by the emer- gbncy and Essential to the preservation of the nation and as within the provisions of the Con- stitution, the measures and acts which he has adopted to defend the nation against its open and secret foes ; that we approve especially the proclamation of emancipation and the employ- ment as Union soldiers of men heretofore held in slavery ; and that we have full confidence in his deterinination to carry these and all other Bonstitutional measures essential to the salvation of the country into full and complete effect. 6. That we deem it essential to the general welfare that harmony should prevail in the na- tional councils, and we regard as worthy of pub- lic Confidence and official trust those only who «»dially endorse the principles proclaimed in these resolutions, and which should characterize the administration of the Government. 7. That the Government owes to all men em- ployed in itp armies, without reguril to Jistinctiou of color, the full protection of the laws of war; and that any violation of these laws, or of the usages of civilized nations in time of war by the rebels now in arms, should be made the subject of prompt and full redress. 8. That foreign immigration, which in the past' has added so much to the wealth, development of resources and increase of power to the nation — the asylum of the oppressed of all nations — should be fostered and encouraged by a liberal and just policy. 9. "That we are in favor of the speedy con- struction of the railroad to the Pacific coast. 10. That the national faith, pledged for the redemption of the public debt, must oe kept in- violate, and that for this purpose we recommend economy and rigid responsibility in the public expenditures, and a vigorous and just system of taxation ; and that it is the duty of every loyal State to sustain the credit and promote the use of the national currency. 11. That we approve the position taken by the Government that the people of the United States can never regard with indifference the attempt of any European power to overthrow by force, or to supplant by fraud, the institutions of any republican government on the western continent; and that they will view with extreme jealousy, as menacing to the peace and inde- pendence of their own country, the efforts of any such power to obtain new footholds for monarch- ical governments, sustained by foreign military force, in near proximity to the United States. Semooratio, at Chicago, August. Hesohed, That in the future, as in the past, we will adhere with unswerving fidelity to the Union under the Constitution as the only solid foundation of our strength, security, and hap- piness as a people, and ae a framework of gov- ernment equally conducive to the welfare and prosperity of all the States, both northern and southern. Mesolved, That this convention does explicitly declare, as the sense of the American people, that after four years of failure to restore the Union by the experiment of war, during which, under the pretence of a military necessity or war- power higher than the Constitution, the Consti- tution itself has been disregarded in every part, and public liberty and private right alike trod- den down, and the material prosperity of the country essentially impaired, justice, humanity, liberty, and the public welfare demand that im- mediate efforts be made for a cessation of hos- tilities, with a view to an ultimate convention of the States, or other peaceable means, to the end that; at the earliest practicable moment, peace may be restored on the basis of the Fede- ral Union of the States. Besolved, That the direct interference of the military authorities of the United States in the recent elections held in Kentucky, Maryland, Missouri, and Delaware was a shameful violation of the Constitution, and a repetition of such acts in the approaching election will be held as revolutionary, and resisted with all the meana and power under our cont'd. 364 POLITICAL MANUAL. 'Resolved, Tkat the aim and object of the De- mocratic party is to preserve the Federal Union and the rights of the States unimpaired, and they hereby declare that they consider that the ad- ministrative usurpation of extraordinary and dangerous powers not granted by the Constitu- tion — the subversion of the civil by military law in States not in insurrection ; the arbitrary military arrest, imprisonment, trial, and sentence of American citizens in States where civil law exists in fall force; the suppression of freedom of speech and of the press ; the denial of the right of asylum; the, open and avowed disre- gard of State rights ; the employment of un- usual test-oaths; and the interference with and denial of the right of the people to bear arms in their defence is calculated to prevent a restoration of the Union and the perpetuation of a Govern- ment deriving its just powers from the consent of the governed. Resolved, That the shameful disregard of the Administration to its duty in respect to our fellow-citizens who now are and long have been prisoners of war in a suffering condition de- serves the severest reprobation on the score alike of public policy and common humanity. Resolved, That the sympathy of the Democratic party is teartily and earnestly extended to the soldiery of our army and sailors of our navy, who are and have been in the. field and on the sea under the flag of our country, and, in the event of its attaining power, they.will receive allthe care, protection, and regard that the brave sol- diers and sailors of the republic so nobly earned. XXXV. NATIONAL PLATFORMS OF 1868, THE LETTERS OF ACCEPTANCE OF CANDDATE8, AND SUNDRY PROCEEDINGS OF THE CONVENTIONS. Bepublican, at Chicago, Hay.* The National Bepublican party of the United States, assembled in National Convention in the city of Chicago, on the 21st day of May, 1866, make the following declaration of principles: 1. We congratul3(te the country on the assured success of the reconstruction policy of Congress, as evinced by the adoption, ,in ithe majority of the States lately in rebellion, of constitutions securing equal civil and political rights to all; and it is the dutiy of the. Government to sustain those institutions and to prevent the people of such States from being remitted to a state of an- arch}'. 2. The guaranty by Congress of equal suffrage to all loyal men at the South was demanded by every consideration of public i safety, of grati- tude, and of justice, and must be maintained ; while the question of suffrage in all the loyal States properly belongs to ,tne ^people of those States. ♦Reported from the following committee on reso- lutions; Alabama — ^D. C. Humphreys. Arkansas— 'R.'B. Morse. Colorado — G. M. .Chiloott. Connecticuit — J. M. Woodward. Delaware — 0. ,S. Laytpn. Plonida^B. G. Eoder. Oeorgia^U. H. McCoy. BUnois — Herman Raster. Indiana — Richard W. Thompson-. Iowa — Q-. M. Dodge. Kansas— B. F.-Simpson. i^ett^cA^/T-Charles Efeinton. I inviolable, i»ii the public burdens should be lightened. by (figilant economy , in expenditures,, and n^yerVy repudiation ; that all the bonds Oif the United States issued after the, passage. of .the legal ten- der, act, and not by law. expressly payable in' coin, should be paid when redeemable in legal- tender notes, -but withoiLt undue inflation- of t^e^ .ourrencyvoratthe option of . the hoHers, con- verged into bonds bearing, a low rate of interest ; .that the natioiial .bank currency ,e.box)Id .be ne- , tired, and its plsse supplied by,l;?g»l.,t6aders,rS0 as to save to the Government interjBst. wpon .the >4kmoant of tbat circulation, ^nd !tb^t ,thet,pn|licy of ipe»)iiitting banks to supply nearly h^ilf flf ,th6 national currency — allowing the five-twenty -hqnds, bearing, as they do, interest at the rate of nearly nine per cent, per annum, to run be- yond the date when they become redeemable, ,and of contracting the currency until it shall rise to the value of gold, is a policy which favors the few against the many, is oppressive to the laboring and the debtor classes, and tends to Bring upon the country the dishonor of repu- diation. [He moved for the suspension of the rule re- qiiiring reference to the committee, which was lost — yeas 78, nays 197 ; and the resolution was accordingly referred, and not again considered.] General Blair's Letter. Omaha, Nebeaska, July 13, 1868. ■General Geokge W. Moegak, Ohairmaif, Com- mittee National .Democratic Convention. General: I take the earliest opportunity of replying to your letter, notifying me of my nomination for Vice President of the United States by the National Democratic Convention, recently held in the city of New York. I accept without hesitation the nomination tendered in a manner so gratifying, and give you and the committee my thanks for the very kind and complimentary language in which you have conveyed to me the decision of the con- vention. •I have carefully read the resolutions adopted by the conventioB, and most cordially concur in every principle and sentiment they announce. My opinion upon all of the questions which discriminate the great contending parties have been freely expressed on all suitable occasions, and I do not deem it necessary at this time to reiterate them. The issues upon which the contest turns are clear, and cannot be obscured or distorted by the aophistries of our adversaries. They all resolve fhemselves into the old and ever-renewing struggle of a few men to absorb the political power of the nation. This effort, under every ron(ieivable name and disguise, has always char- acterized the opponents of the Democratic party, bnt at no time nas the attempt assumed a shape 60 open and daring as in this contest. The ad- jiers^ries of free and constitutional government, 2-i in ,d^nce.of the. express l^jkgufge o£..j;Ji,f Con- stitution,' have ..erefited , a, .military , despotism jp ten 6,f the.Statesof the lUnion,. have i taken from the 'Pr.esident„the, powers vested in him by the Buprieroe law,, and!, hs.va deprived (he Suprewe Court of its jurisdiction. The right of .triiil by jury, .and the, .great wijit . of .right, ,-tfoe hab&u sor^im — shield^, of safety for every citizen, api .wliich, have descended to.,.ua.i'r;Q^n jihs.ealrUest traditions of our.ao,ce8tors,.and.whieo Qlir reyo-- lutiqoaYy, fathers, sought. to aec.vire;to., their pos- .tetity forever iu the.fundamental.chfffter of our liberties— have been- ruthlessly. trampled un^er .fpot.by the frAgmeot;.,of i a Oongtess. Whole .aiiatesamd camrannitiiesiOjE, (people of o,ur o.wn racei have heen attiainted, ponvicted,. condemned, a,nd^ep.rive4.,of their .i;igh,isias;citize|is,,w.i.thc>.ut Piresaatment/. or tri§,l,'6r witnesses, but.by„cQn- .greasioina-L en'^ctwen.t.of ..ea; p»^t Junto laws,, and JOi defianoe.of ,theiCon.sti,ti}HQnial,p.ro>bib,itipn de- BiiSring.«ven to ar .full, and 'legal.Gqngress tjie,a»- thoirity to pass ahy bill of^ttainder or ex post facto law. The same usurping authority has substituted as electors in place of the men of our own race, thus illegally attainted and dis- franchised, a host of ignorant negroes, who are supported in idleness with the public money, ana combined together to strip the white race of their birthright, through the management of freedmen's . bureaus and the emissaries of con- spirators in other States; and, to complete the oppression, the military power of the nation has be^c placed at their disposal, in order to make this barbarism supreme. The military leader under whose prestige this usurping Congress has taken refuge since the condemnation of their schemes by the free peo- ple of the North in the elections of the last year, and whom they have selected as their can- didate to shield themselves from the result of their own wickedness and crime, has announced his acceptance of the nomination, and his will- ingness to maintain their usurpations over eight mulioUH of white people at the South, fixed to the earth with his bayonets. He exclaims; "Let us have peace." "Peace reigns in War- saw" was the announcement which heralded the doom of the liberties of a nation. " The empire is peace," exclaimed Bonaparte, when freedom and its defenders expired under the sharp edge of his sword. The peace to which Grant invites us is the peace of despotism and death. Those who •seek to restore the Constitution by executing the will of the people condemning the reconstruction acts, already pronounced in the elections of last year, and which will, I am convinced, be still more emphatically expresped by the election of the Democratic candidate as the President of the United States, are de- nounced as revolutionists by the partisans ol this vindictive Congress. Negro suffrage, which the popular vote of New York, New Jersey, Pennsylvania, Ohio, Michigan, Connecticut, and other States have condemned as expressly against the letter of the Constitution, must stand, because their Senators and Fi,spresenta- tives have willed it. If the people shall again condemn these atrocious measures by the elec- tion (if the Democratic C3.Bdi4at& loji- "^tesidcot. 870 POLITICAL MANUAL. they mtist not ba distarbed, althoagli decided to be nncoDBtitutional by the Sapreme Court, and althoagh the President is sworn to maintain and Bupport the Constitution. The will of a frac- tion of a Congress, reinforced with its partisan emissaries sent to the South and supported there by the soldiery, must stand against the will of the people and the decision of the Supreme Court, and the solemn oath of the President to maintain and support the Constitution. It is revolutionary to execute the will of the people I It is revolutionary to execute the judgment of the Supreme Court ! It is revolu- tionary in the President to keep inviolate his oath to sustain the Constitution I This false construction of the vital principle of our Gov- ernment is the last resort of those who would have their arbitrary reconstruction sway and supersede our time-honored institutions. The nation will say the Constitution must be re- stored, and the will of the people again prevail. The appeal to the peaceful ballot to attais thie end is not war, is not revolution. They make war and revolution who attempt to arrest this quiet mode of putting aside military despotism and the usurpations of a fragment of t. Con- gress, asserting absolute power over that benign system of regulated liberty left us by our fathers. This must be allowed to take its course. This is the only road to peace. It will come with the election of the Democratic candidate, and not with the election of that mailed warrior, whose bayonets are now at the throats of eight millions of people in the South, to compel them to support him as a candidate for the Fresi. dency, and to submit to the domination of an alien race of semi-barbarous men. No perver- sion of truth or audacity of misrepresentation can exceed that which hails this candidate in arms as an angel of peace. I am, very respectfully, your most obedient servant, Fbakk P. Blaib. POLITICAL PLATFORMS. 371 The nomination of Ez-QoTernor Sefmour was made, July 9, on the 22d ballot, as follows : Quididatei. 10. 11. 'J[p^tio Seymour ' ueorge B. Pendleton 'Andrew Johnson. nWinfield S. Hancock Sanford E. Church Asa Packer "JoelPaSiker James E. English James R. Doolittle Beverdy Johnson Thomas A. Hendricks P. P. Blair, Jr Thomas Ewing J. Q. Adams George B. McOlellan i Salmon P. Chase Franklin Pierce John T. Hoffman.; Stephen J. Field Thomas H. Seymour 105 66 33 26 13 16 13 '2 119V 341 33 26 13 1^^ 11 »] *1 1 9 32 26 13 1^^ 8 UK 2 1 122 24 46 S3 27 13 7 16 1^ 1223^ 21 47 33 27 13 6 12 30 6 166}^ 76 144 343 26K 7 6 12 80V 147J^ 6 84 7 12 82V< 1441^ 4 7 88 CamMiata. 12. 13. 14. 16. 16. 17. 18. 19. 21. 22. Horatio Seymour. George H. Pendleton.. Andrew Johnson Winfield S. Hancock.... Sanford E. Church Asa Packer. Joel Parker. James- E. English James B. Doolittle Bererdy Johnson Thomas A. Hendricks P. P. Blair, Jr. Thomas Ewing. J. Q. Adams George B. McClellan.... Salmon P. Giiase Franklin Pierce John T.'Hoataian. Stephen J. Field Thomas H. Seymour... 145V 4} 7 12K M M 130 66 26 7 is siKl 70M 6 137K 8K 12 87 317 136}^ 12 1071 13} 142J^ 121 13 .H M a H 6 135K 132 >i Necessary to ■ choloa "•■— Oenenl Blaii was BomiiMted nnanimoasly on the first ballot. ~_....S12 372 POLITICAL MANUAL. 3 ■" s a t- lo ts ^ « od co lO ^ oo w lO eo eo : »- « i t- »o « ^ to «s 55 : CD ;e- 00 OD lO ^ 03 03 lO ot- 00 eoooomooiooeo fl(M '«0 0'* C3 "iJi^CO 00 -dl (M IfJ 0> O 00 o" « locrajt- ^ CO •^ lO lO miH r-l irt.t» eo (3 03 03 o-S *S> CO iON(M SQOGOt-OeqCi O »N ro gi,Ca IN CO 00 rH O rHCit- Dc3r-tiHo5 , CO« kQ00 00IOCa'^00.t--O 03 M tR.i-C 00 M Oa rH O O CO , t-oc-t- eo (M eo 03 ffii lO 03 _ _- . J o» cq N Qit-.'^© c . j a 3 s cDrH CO :■* tH roiH ci ; OeO :rHe4i-IC4tO '2 S-^t-iOCOIMtMCOrHiOCON C0» ^ ir^t-t-03lOOP300»00 loin 00 i-( 03, §13 oof^o mo (M a rHHC0'*C>O'*(>I03r-'g9N 00 lO IQ Cq t- 00 CD^CO O 00 5J OS, ei'tf <3 cq 03 CO n" ojog of cf i-T COCOOiH-^03 /-n nrt cQ ^-^ f*\ nrt ^^.^kj r.- ft CO 0> OT ffl W OQ0«S oooiu HJ ^^ **J **J *— ' -4rf A— -L^ ^ij uv ^^^ w ^ OO r*4^iH t^ v*^ v« uA wi -^J rn wj u^ l>j ^v ^^^ ^"^ uw v^J UiJ ^V vj biv "^^ \«'n uv iH"r^ (S 00 Q"r4"rJ«5"0 CO (DQO M*QQ 'J'to'e* ^f oTt^b^O IQ cTcO oToO CO ^of 00 t^t-T*-^ — tH N iH O 00 O Th in -yi-^ ^ O'«u5i-(HrHC0 _ op »0 CO rH 00 lO „ 00 _„ lO tH t- 00 _„ (N W ^ rH ; t- laoaci , .^^ ^iqcjci^c^oeooo^ostocoocD^o^io ,corHeoc4 , oo :o Wi4c4eJrHT^eOCJOOi^OOC4 0CforHOOC3rH04rHC4r^Q4r40ic4cJ04-:d ,., ,.__^-.., JISD00r-(e0«00-*05b-OQeiQrHT-IOt-0>000S :(D oooiOrHcoc4r-t(NOcOrHo>cseocO'^-«'aeooirco^ oi.^'<4f u:}M c4 o on ; co ScocoooiotoeDtoooO'«*»o«5fr--*OosiHCSOO''*i-4eJt-i-(t-(Ni-ct-iHTi< :t- t-O!MO^OOOe3l0C0(MiQ^»0CN^T(^00»SO2p- eo r-ttO C3 i-HN(M5cO«O(ONQ000 • oq th t*0Q«oeoeo to vnoa)t~ ncoco w cd.. en eo OiOio»ofr-soN"*e5oeooi-iia»ot^ tri-j cotHt-o-i^i-it-oia}, o'*>ooi'*co eJrJrHOJiHi-ieJCJcioici iHVH C4r4c4f-4cqiH*^-«o co^o< ,o o»« o-*"^ im"co eg c3':C>'iooQ'"ooi'c oo oo oa i-t « CO ^ iQ ** eo to r-1 -^ ^ t ^^- fH 03 |H OOlOcOlOOe^-^OOi-li-ltOCiCSCOOOiHM eo lO lO H r- (N »H t- eo O CO rH i-H IH »OM eOiH iHiH SOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOQOO SSoOOOOOOiOOOOOOOOOOOOOOOOQOOOOOOO O 0(M O O ortrtet 3 t-lO C lOiHOOOlMOOOOOOOOOQOpOOOOO i-M^iOOiOOOOOOOOOOiOOOOOOOtHOO i!M 05C0"01-^(N OO^ eOOOCiTS0001:^0<^000 r^^S CO i-^ off c5"o"o'o" CO o cT o" (DO irTo-^i^ o o"io cTi |QOfflco^^(^»Oi'noI-looooc>^-ocooQOc^^l-.eool I S ^ row ■* o CO lo-c^ ffl t- o CO lO CT 00 i-7__^oo o^o m o I S" 'corn'o'i-rcq'rHeCcq iH i-T oCm-w g^H idcq"iHi ^.^^ lO w . eq r-( rH oooc o o o c O CO o c 'c5"c»o CS lOQ IQOO cq iHt- & H o) s oj -^ .a ■ts SS8 C»rHO 3 oPc-To" rrl 00 Oi H tHoHCJ s-- 1 PSg O I— * o ^"S'o" lO'i'OO o^eooq D3 cn SS8 lOOOO rH too '-.'1=!. w o S"=" ft s 1 CS ■D H a* cii n CO e3 ^ h S^S ^■^ S.§ O oa HW t^ 00 CO CO «' 00 r- -1 ) 374 POLITICAIi MANUAIi. a a \ o ^ a oSo SrHOOO M"ea"t^i20 , flO lO C0 *^^ cf(3» O 0) 0} > •^a «||5 V o O o Sow I I £ 01 c8 h ffl S ff S .goaeoeo c m * CO , fli C h £-33 = •op §2 »S m ? ■oS 00 ■O I 5e f a "fe. ^§ ■" &> 8 « e i? 5, -^J •s a •"10 si a 1 a)coeoo ^t^I-H to o o fc- 'o "2 00 fr^i-Tof 10 ■o aoc4 coiH o la ieaiotOpH f 00 10 00(0 1.00 00 t- CO i-( t ^ SB S CO ■rfofo li 3t- 1- 13 o o to r- iH 03 03 00 a> >o t> r*i-lC3 tOt-^.*t-l 0400QC40tOtS03 rH^*eO(MO»OlO riioeif eo'ootot-^ef . Oi(0(?^^-cotoTt^^ ococ40>ao3C 04 to OS CdOt-OCjgrHiO C4 10 ■* CO 00 w t, :^ Cd't-Too 00 i-Tg? cT^rf ^^S 03 eit^*?..^o4 to'eo^orocJ -^xn rH CM OJ CS OS S 00 CS <» 03 U3 to S.01 OStSOSIOOltOOOiH Tt TjT i-T of t-^ .*"'^ r-f eo "h" Ei.-(-*CD00NTH03 Qtoocor-iooaoas tot-esrsoooocg ■*.*cortostoco.* i-'i-teoojcaoioaio oopHe>aD^•^ooo» O .* O rH t- .* 04 op t^.^ oTcroTeo t^io c~f-o3>n>ocooooo O O CO O 00 C4 10 (o'tDioafoocToirid' 04 03 CO .* t- 00 Id iH 03 t- C4 ** i-l ^ CO t- s a 1. OtHNH^iQCOt-OO P totototococotscDto of 000000 OOODQOOOQOOOI-3 n .. Interest on the public debt, Including Treasury notes.^ PiflBcipaT of public debt ,,., MlBcellaneous >....» ..« Total for year.. Tear ending June 30, 1866. $3,342,^8 04 12,0O5i«17 93 4,376 62 S20S,934,M) TO 7,430,fl06 67 49,856,986 39 9,932,402 63 2,651,903 37 6j779,lM 77 243,539 74 3,594,375 28 30,009 80 286,453,179 35 2,003,477 S3 SlOi831,260 08 1,492,617 83 4(777,868 83 5(103,661 99 351,061 92 3,494,216 32 8(675,216 81 6,154,888 23 2,244,775 99 95,708 73 102,841 79 812,287,828 66 1,338,388 18 18,852,416 »1 284,449i701 82 43,324,118 62 133,067,741 69 620,321,72$ 61 27,430,744 81 1,141,072,666 09 Yeax ending 19,016.263 21 ■ 1,92C,288 60 56,138 37, f30,700,776 06 10,331,174 87 35,438,367 3t 4,690,677 00 3,233,414 OS 105,658 39 1,495,788 53 8,514,098 23 756,466 41 95,266,330 88 41,915 25 10,545,843 51 1,440,993 68 3,828,198 13 3,577,311 08 551,981 35 1,921,788 99 4,545,509 72 2,940,665 19 1,440,642 70 88,009 72 152,976 97 • Bounties (report Secretary of War, 1866, tt 391,) $7,662,736 t Of this there were paid for boontlea and arrears by "Division of Eeferred Claims,."^ as shown on p. 6,. Report of Paymaster Genera), 1867...^^706i000 00 % Includes /orei^n an^d mltcdlanmnui I General and staff officers .{1,329,805 '6» SignalcorpsL _ 2,680 00 Engineers „.„ 358,327 50 Ordnajnce...v. „ 602,113 60 Cava^ ;.. 3,084,738 00 ArtlllMy...... „ 2,233,622 60 ttfanaay ....» 12,970,063 60 Sooutt and baiidB.»..».. „ 300,640 40 EXPENDITURES AND APPROPRIATIONS. 377 June 30, 1858, June 30, 1866, 1867, and till January 1, 1868, together with the 30,l869,anim R. Eckley, Eufus P. Si)alding, Jalmes A. Gs,r- field. Kentnchy — Lawrence' S.Tritoble, (vacancy,) J. S.'Golladay, J. PrOctbr Knott, Asa P. Orbver, * In place of Thadifena Stevens, deceased. t> In' plaice of'Sarwin Thcfmas L. Jones, James B. Beck, George M. Adams, Samuel McKee. Terereessee— Eoderick E. Butler, Horace May- nard, William B. Stokes, James Mullins, John Trimble, Samuel M^ Arnell, Isaac E. Hawkins, David A'. Nunn. Indiana — William E.?NiblaJck, Michael C. Kerr, Mibrton C. Hunter, William SI Hdlman, George W. Julian, John Coburn, Henry D. Washburn, Godlove S. Orth, Schuyler Colfax, William Williams, John P. C. Shanks. Illinois — Norman B. Judd, John P. Farnswoi tn, Ellihu B. Washburne, Abner C. Harding, Ebon • 'C. Ingersoll, Burton C. Cook, Henry P. H. Bromwell, Shelby M. CuUom, Lewis W. Eoss, -Albert G, Burr,,SamuelS. Marshall, Jehu Ba- -k6rj Green B.- Raum, Jiohn A^ Logan. Missouri — William A. Pile, Carman A. Newcomb, James E. McCormickj Joseph J. Gravely, John H. Stover,* Eobert T. Yan Horn, Benjamin F. Loan, John F. Benjamin, George»W. An- derson. ■Arkansas — Logan H. Boots, James T. -Elliott, Thomas Boles. Michigan — Fernando C. Beaman, Charles Upson, Austin Blair; Thomas W. Ferry, Eowland E Trowbridge, John F. Driggs. Florida — Charles M. Hamilton. Iowa — James F. Wilson, Hiram Price, Willian. B. Allison, William Lolighridge, Grenville M. Dodge, Asahel W. Hubbard. Wisconsin — Halbert E. Paine, Benj'amiu F. Hep- kins, Amasa Cobb, Charles A. Eldridge, Phile- tus Sawyer, CadwaladferC. Washburn. California — Samuel B. Aitell, William Higby, James A. Johnson. Minnesota — William Windom, Ignatius i)on- nelly. Orej'OTO— Eufus Mallory. Kansas— SiAnej Clarke. West Virginia — Chester "D. Hubbatd,' Belihuel M. Kitchen, Daniel' Polsley. NevaSa — Delos E. Ashley. Nebraska — John Taffe. * In place of Joseph Mi. MoClnrg, resigned. A. Finnej, deceased. 3CXXVII1. PRESIDENT JOHNSON'S LAST ANNUAL MESSAGE, DECEMBER 7. 1868. The following 'extracts rslate to reconstrnotion and other controverted subjects: Fellow- Citizens of the Senate and House of B^retentaUves : Upon th6 reassenibling of Congress, it. again ■becomes my duty to call 'your attention to the Btate of the Union, and to its continaeddisor- fanized Condition under the yaribus.laws *hSoh ave been passed upon the subject of recon- struction. -It'may 'be safely asstimod,. as an axiom in the government of States, that the greatest wrongs inflicted upon a people are caused by unjust and arbitrary legislation, or by the tin- relentinK decrees of despotic rulers, and that THE PEESIDENT'S MESSAGE. 885 the timely revocation of injurious and oppress- ive measures is the greatest good that can be Conferred upon a nation. The legislator or filler who has the wisdom and magnanimity to r'etrac* his steps, when convinced of error, will sooner or later be rewarded with the relsipoct and gratitude' of an intelligent and patriotic people. Our oWn history, although embracing a period less than a Century, affords abundant proof that most, if not all, of our d6raestio troubles are dStectly traceable to violations of the organic IftW and excessive legislaltion. The most strSing illustrations of this fact are furnished by the enactments of the past three yea^s upon the question of reconstruction. After a fair trial thiey have substantially failed and proved per- nibloua in their results, and there seems to be no good reason why they should remain longer upon the statute-book. States to which the Constitu- tion guaranties a republican form of government have been reduced to military dependencies, in •aCh of which the people haive been made sub- ject to the arbitrary will of the commanding general. Although the Constitution requires that each State shall be represented in Congress, Virginia, Mississippi, and Texas are yet ex- cluaed from the two Houses, and, contrary to the express provisions of that instrument, were denied participation in the recent election for a President and Vice President of the United States. The attempt to place the white pophla- 6011 under the domination of persons of -color in the South has impaired, if not destroyed, the kindly relations that had previously existed be- tween them ; and mutual distrust has engendered # feeling of animosity which, leading in some instances to collision and bloodshed, has' pi'e- Vented that co-operation between the t-Wo races go essential to the success of industrial enter- prises in the Southern States. Nor have the inhabitants of those States alone suffered froi^ the disturbed condition of affairs growing out of these congressional enactments. The entire Ctaion has been agitated by grave apprehensions of troubles which might again involve the peace of the nation ; its interestsTiave been injurioiisly affected by the derangement of business and labor, and the consequent want of prosperity throughout that portion of the country. The Federal Constitution — the magna charta of American rights, under whose wise and salu- tary provisions we have successfully conducted all our domestic and foreign affairs, sustained ourselves in peace and in war, and beoomaagreat nation among the Powers of the earth — must assuredly be now adequate to the settlement of qn,estions growing out of the civil war waged moiie for its vindication; This ' great fact is made most manifest by the condition of the country when Congress assembled in the month of December, 1865. Civil strife had ceased ;' the ipirit of rebellion had spent its entire force ; in the Southern States the people had warmed into national life, and throughout the whole country a healthy reaction' in public sentiment had' taikSn place. By the application of the simple ygt 'effective provisions of the Obhstitntion the feeeutive department, with the voluntary aid of' the States, had brought the work of restora- tion as near completion as was within the scop* 'of its authority, and the nation was encouraged' by the prospect of an early and satisfactory ad- justmentof all its difficulties. Congress, however, intervened, and, refusing to perfect the work so lieHrly consummated,, declined to admit members from the unrepresented Bta,tes, adopted a teriea of measures which ai-rested the progress ol 'es- toratibn, frustrated all that bad been so sucwss- fully accomplished, and after three year* of agitation and sti-ife has left the country funher from the attainment of union and fraternal feeling than at the inception of the congress- ional plan of feconstructioh. It needs no ai-gum^nt to' show that legislation which has produced such baneful consequences should be abrogated', or else made to conform, to the genuine principles of republican government Under the influence of party passion and sec- tional prejudice, other acts have oeen passed not warranted by the Constitution. Congress has already been made familiar with my views res- pecting the '■ tenure-of-offiJe bill." Experience has proved that its repeal is demanded by the best interests of the country, and that while it remains in foi'ce the Presideiit' cannot enjoin that rigid accountability of public officers so estentiar to an honest and effi6ient execution of the laws. Its revocation would enable the executive department to exercise the power of appointment and removal in accordance with the original design of the Federal Constitution. The act of March 2, 1867, making appi:opri- ations for the support' of the army for the year ending June 30, 1868, and for other purposes, contains provisions' which interfere with the President's ".onstitutional functions as Com- mander-in-Chief of th^ Army, and deny to States of the Union the right to protect them- selves by means of their own militia. These proviaions should be at once annulled; for while jthe first might, in times of great emergency, seriously embarrass the Executive in efforts to employ and direct the common strength of the nation for its protection and preservation, th» lother is cbhtrsiry to the express declaration o£ the Constitution, that, "a well-regulated militia being necessary* to the security of a free State, the right of the people to k^ep and bear arms shall not beinfringed." It is believed that the repeal of all such laws would be accepted by the American people as at least a partial return to the fundamental principles of the Government, and an indioatioti that' h'ereafter the Constitution is to. be made the nation's safe and unerring guide. They can he productivb of no permanent benefit to the coun- try', and should not be peniittted to stand as so maiiy' monuments of the deficient wisdom which has characterized our recent legislation. The cbndition of awr finaUiiCs demands the early and earnest coiisideratibn of Congress Compared with the grq,)i?.th of our population, the public expenditures.' iiave reached an amount lihprecedeiited in' oqr. history. ■The population, of the United States in, 1,790 was nearly fbur millions of people. Increasing each deoadb about thirty-three per cent., it reached in' 1,860 tliirty-oiie" millions— ajiiincrease of iej'^4, '"'iw^ ^d; per cent, on the p(xijula,tipa; ia POLITICAL MANUAL. Xi/90. In 1869 it is estimated that it will reach thirty-eight millions, or an increase of eight hundred and sixty-eight per cent, in aeventy- nine years. The annual expenditures of the Federal Government in 1791 were $4,200,000; in 1820, $18,200,000; in 1850, $41,000,000; in 1860, $63,000,000; in 1865, nearly $1,300,000,000; and in 1869 it is estimated by the Secretary of the Treasury, in his last annual report, chat they will be $372,000,000. By comparing the public disbursements of 1869, as estimated, with those of 1791, it will be seen that the increase of expenditure since the beginning of the Government has been eight thousand six hundred and eighteen per cent., while the increaee of the population for the same period was only eighteen hundred and sixty- eight per cent. Again : the expenses of the Gov- ernment in 1860, the year of peace immediately preceding the war, were only $63,000,000; while in 1869, the year of peace three years after the war, it is estimated they will be $372,000,000— an increase of four hundred and eighty-nine per cent., while the increase of population was only twenty-one per cent, for the same period. These statistics further show, that in 1791 the annual national expenses, compared with the .population, were little more than $1 per capita, fipa in 1860 but ^2 per capita; while in 1869 iiiey will reach the extravagant sum of $9 78 pef capita. Jt will be observed that all of these statements re.ferto.and exhibit the disbursements of peace p,eriods. It may, therefore, be of interest to co?fip?,rp the expenditures of the three war pe- jr;ods — ^^the war with Great Britain, the Mexican war, and .the war of the rebellion. In 1814 the .anjiual expenses incident to the war of 1812 reached their highest amount — about thirty-one xnillions; while our population slightly exceeded eight millions, showing an expenditure of only ^ 30 per capita. In 1847 the expenditures growing out of the war with Mexico reached $55,000,000, and the population about twenty-one millions, giving only $2 60 per capita for the war expenses o£ that year. In 1865 the expeiiditures called for iy the rebellion TCMhed the vast amount of $1,290,000,000, wbJeh, compared with a population of thirty- four millions, gives $38 20 per capita, i from the 4th day of March, 1789, to the 30th of Juofl, 1861, the entire expenditures of the Government were $1,700,000,000. During that period wfi were engaged in wars with Great Bri- tain apd Mexico, and were involved in hostilities with powerful Indian tribes; Louisiana was > purchased from France at a cost of $15,000,00,0,; Florida was ceded to us by Spain for $5,000,ObO; Csljfornja was acquired from Mexico for $15,- OOO 000 ; and the Territory of New Mexico was obtained from Texas for the sum of $10,000,000. ■ Early in 1861 the war of the rebellion commenced ; and from the 1st of July of that year to the 30th of June, 1865, the public expenditures reached theeBormous aggregate of $3,300,000,000. Three Jrears pf peace have intervened, and during that time the disbursements of the Government have successively been $520,000,000, $346,000,000, and i$393i0QP,Q00. Adding to these amounts $372,000,006, estimated as necessary for the fiscal year ending the 30th o^ June, 1869, we obtain a total expenditure. of $1,600,000,000 during the four years immediately, succeeding the war, or nearly as much as, was expended during the seventy-two years that preceded the rebellion, and embraced the extraordinary expenditures already namef the people toward their political institutions. With- out proper care the small balance which it ia estimated will remain in the Treasury at the close of the present fiscal year will not be real- ised, and additional millions be added to a debt which is now enumerated by billions. It is shown by the able and comprehensive report of the Secretary of the Treasury that the receipts for the fiscal year ending Jun» 30, 1868, were $405,638,083, and that the expenditures for the same period were $377,340,284, leaving in the Treasury a surplus of $28,297, 79'5. ■ Itisssti- mated thatthe receipts during the piesent fiscal year ending June 30, 1869, wUl be $341,392,868, and the expenditures $336,152,470, showing a small balance of $5,240,398 in favor of the Gov- ernment. For the fiscal year ending June 30, 1870, it is estimated that the receipt on the assembling of the two houses on the second Wednesday of February, 1869, for the coutiting of the electoral votes for President and Vice President, as pro- vided by law and the joint rules, if the counting or omitting to count the electoral votes, if any, which may be presented, as of the State of Geor- gia, shall not essentially change the result, in that case they shall be reported by the Presideint of the Senate in the following manner: "Were the votes presented as of the State of Georgia to be counted, the result would be for -^ , for President of the United States, votes; if not counted, for , for President of the United States, votes j but in either case is elected President of the United States ; and in the same manner for Vice Presi- dent. February 8 — It was adopted — yeas 34, nays 11, as follow: Yeas — Messrs. Abbott, Antlio'ny, Cameron, Cattell, Cole, Cohltling, Gorbett, Cragin, Drake, Edmunds, Frelinghuysen, Howard, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Pool, Ram- sey, Rine, Robertson, Ross, Sherman, Stewart, Sumner, Thayer, Tipton, Warner, Welch, Willey, Williams, Wilson, Yates-^i. Nats — Messrs. Buekalew, Davis, Fowler, Bendricks, MeOreery, Norton, Patterson Of Tennessee, Sa/ulsbury, , Trumbull, Viekers,Whyte— 11. In House. February 8— ^The rules were suspended — yeas 97, nays 18, hot voting 107^so as to enable the House to take up this resolut; jn. The vote was as foWovJs • 394 POLITICAL MANUAL. Tbas— Messrs. Allison, Ames, Banks, Beaman, Beatty, Benjamin, Benton, Blaine, Blair, Boles, Bowen, Broom- all, Buokland, Benjamin P. Butler, Eoderiok K. Butler, Churchill, Clift, Cobb, Cobum, Corley, Cullom, Dawes, Delano, Deweese, Djokey, Dixon, Dodge^ Eckley, Ela, Ferriss, Ferry, Garfield, Halsey, Harding, Beaton, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Jenokes, Julian, Kelley, Kellogg, Kelsey, Eoontz, Laflin, William Lawrence, Loan, Logan, Loughridge, Marvin, Maynard, McCarthy, McKee, Miller, Moore, Moorhead, Mullins, Norris, Paine, Per- ham, Peters, Pierce, Pile, Plants, Price, Prince, Eaum, Roots, Sawyer, Schenok, ScoSeld, Shanks, Shellabarger, Starkweather, Stevens, Stewart, Stokes, Stover, Sypher, Taylor, Thomas, Trowbridge, Twichell, Upson, Bobert T. Van Horn, Vidal, Henry D. Washburn, William B. Washburn, Welker, Whittemore, William Williams, James F. Wilson, John T. Wilson, Windom— 97. Nats— Messrs. Baker, Bavden, Boyer, Farnsworth, 0etz, HoVman, Hotchhies, Johnson, 'Thomag L. Jones, Nihlaek, Phelps, Smidaa, Bogs, Taber, Van Auken, Tan Trump, Woodward, Young— W. The resolution was th«n taken np; and con- curred in. PEOOEEDISGS UNDEE THIS EESOLUIION. On Wednesday, Febrnary 10, the two houses met in the Hall of the House for the purpose of opening and counting the votes for President and Vice President. The President of the Senate then proceeded to open the certificates of the electors of the several States, authorized to be represented in the elec- toral college,* for President and Vice President. Upon the certificate of the electors of Louisiana being read — Mr. Mullins objected to "the counting of the vote of Louisiana, upon thegroutid that no valid election of electors had been held in said State.' The Sehate withdrew, and voted That the votes of the electors of the State of Louisiana be counted-^yeas 51, nays 7, as fol- low : Teas — Meusrs. Abbott, Anthony, BuckaUw, Cameron, Cattail, Cole, Conkling, Conness, Corbett, Cragin, Davis, Dixon, DooUUle, Drake, Edmunds, Ferry, Fessendent Fowler, Frelinghuysen, Grimes, Harlan, Harris, Hen^ drieks, Howe, Kellogg, McCreery, McDonald, Morgan, Morrill of Vermont, Osborn, Patterson of New Hamp- shire, Patterson of Tennessee, Pool. Ramsey, Rice, Ross, Saulshwry, Sawyer, Sherman, Spencer, Sprague, Stewart, Tipton, Trumbull, Van Winkle, Viekers,WaTnei,Whyte, Willey, Williams, Yates— 61: Nats — Messrs. Chandler, Howard, Nye, Robertson, Sumner, Thayer, Wilson— 7. The House voted to count the vote of Lonisi-; ana^-yeas 137 nays 63, not voting 22, as follow : .Yeas — Messrs. Allison, Ames, AxteU, Baker, Barnes, £amw», Beaman, Beatfy, Beck, Benjamin, Bingham, Blaine, Blair, Boyden, Boyer, Bromwell, Brooks, Broom- all, Burkland, Bitrr, Koderiok R. Butler, Cary, ChaMer, Churchill, Cobum, Cullom, Delano, Deweese, Dickey, Dixon, Dockery, Dodge, Eggleston, Eldridge, Farns- worth, Ferriss, Ferry, Garfield, Geta, Olossbrenner, QoU Ujday, Gove, Gravely, Ghove/r, Haight, Halsey, Hawkins, Heaton, Higby, Hill, Hoinum, Hooper, Hopkins, Sotch- hiss, Asahel W. Hubbard, Hvmphrey, XngersoU, Jenckes, Jomsoni Alexander H. Jones, Thomas L. Jones, Judd, Kelley, Kellogg, Kerr, Ketoham, Kitchen, Knoit, Koontz, Laflin, Xash, George V. Lawrence, William Lawrence, Lincoln, Logan, Loughridge, Mallory, Mar- shall, Marvin, McCarthy, MoCormiek, McOuUough, Miller, Moore, Moorliead, Mungen, Newcomb, Niblack, Nichol- son, Norris, Nunn, Peters, Phelps, Pike, Pile, Plants, Poland, Polsley, Price, Pruyn, Baniall, Eaum, Robert- son, Bess, Sawyer, Schenck, Soofleld, Selye, Shellabar- fer, Sitgreaves, Smith, Spalding, Starkweather, Stewart, tokes. Stone, Taber, Taflfe, Taylor, Thomas, Tift, John Trimble, Trowbridge, Twichell, Van Auken, Burt Van Horn, Van Trump, EUihu B. Washburne, William B. Washburn, Welker, James F. Wilson, John T. Wilson, Windom, Wood, Woodbridge, Woodwarii, Young— 137. Nats— Messrs. Delbs R. Ashley, James M. Ashley, * For law governing this point, see Political Manual for 1868, p. 119, or Hand Book of Politics for 1868, p. 397. Banks, Benton, Blackburn, Boles, Boutwell, Bowen, Buckley, Benjamin F. Butler, O^e, OalUs, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Corley, Covcide, iXwes, Donnelly, Dnggs, Eokley, Edwards, Eli, Thomas D. Eliot, Jame.s T. Elliott, Fields, Froifoii, Hamilton, Harding, Haughey, Chester D. Hubbara, Hulburd, Hunter, Julian, Kelsey, Loan, Maynard, M» Kee, Morrell, Mullins, Newsham, O'Neill, Orth, Paine, Perham, Pettis, Pierce, Prince, Boots, Shank.i, Stevens, Stover, Dpson, Van Aemam, R. T. Van Horn, Vatr Wyck, Vidal, Ward, Henry D. Washburn, Whittemore, Thomas Williams, William Williams— 63. The Senate returned, and the vote of Lou- isiana was then counted. The certificates of all the States except Georgia having been read, and that of Georgia having been read, Mr. Benjamin F.' Butler submitted the follow- ine objection to counting the vote of Georgia: Mrst. I object, under the joint rule, that the vote of the State of Georgia for President and Vice President ought not to be counted, and object to the counting thereof because, among other things, the vote of the electors in the elecr toral college was not given on the first Wednes- day of December, as required by law, and no excuse or justification for the omission of such legal duty is set forth in the certificate of the action of the electors. Second. Because, at the date of the election of said electors, the State of' Georgia had not been admitted to representation as a State in Congress since the rebellion of her people, or become entitled thereto.. Third. That at said date said State of Georgia had not fulfilled, in due form, all the require- ments of the Constitution and laws of the Unit^^ States known as the "reconstruction acts," so as to entitle said State of Georgia to be represented as a State in the Union in the electoral vote of the several States in the choice of President and Vice-President. Fourth. That the election pretended to have been held in the State of Georgia, on the first Tuesday of November last past, was not a freial just, equal, and fair election, but the people of the State were deprived of their just rights therein by force and fraud. The Senate withdrew ; and voted That, under the special order of the two Houses respecting the electoral votes from the State of Georgia, the objections made to the counting of the electors for the Slate of Georgia are not in order — yeas 31, nays 26, as follow : Yeas— Messrs. Abbott, Anthony, Buckaleia, Cattell, Conness, Corbett, Cragin, Davis, Dixon, Doolittle, Ed- munds, Fowler, Frelinghuysen, Grimes, Kendrieks, Kellogg, McOreery, Morrill of Maine, Morrill of Ver- mont, Morton, Patterson of New Hampshire, Patterson of Tennessee, Ross, Saulsbwry, Sawyer, Sherman, Sprague, Stewart, Tipton, Viclceirs, Whyte, Williams— 31. Nats- Messrs. pajneron, Chandler, , Cole, Conkling, Drake, Ferry, Fessenden, Harlan, Harris, Howe, Mo- Donald, Morgan, Nye, Pool, Ramsey, Rice. Robertsbn, Spencer, Sumner, Thayer, Trumbull, Van Winkle, Wade, Warner, Willey, Yates- 26. Mr. Howard ofi'ered this resolution : Besolved, That the electoral vote of Georgia ought not to be counted. Which, being entertained as in order, was disagreed to— yeas 25. nays 34, as follow : Yeas— Messrs. Abbott, Cameron, Chandler, Cole, Conkling, Drake, Harlan, Harris, Howard, Howe, Kel- logg, McDonald, Nye, Osborn, Ramsey, Bice, Robert- son, Sawyer, Spencer, Stewart, Sumner, Thayer, Wade, Wilson, Yates— 25. Nays— £ue/(aiew, Conness, Corbett, Cragin, Davit, POLITICAL VOTES. 395 ZHxon, DooUttle, Edmunds, Ferry, Fessenden, Fowler, ■Frelinghuysen, Grimes, Hendrieke, MeOreery, Morgiiu, Morrill of Mame, Morrill of Vermont, Morton, Pat- terson of New Hampshire, Patterson of Tennessee, Pool, Ross, Saultbwry, Sherman, Spragae, Tipton, Trumbull, Van Winkle, KicAei-j, Warner, If %/6, WiUey, .■Williams— 34. •• The House voted on the question. Shall the vote of Georgia he counted? Yeas 41, nays 150, (not voting 31,) as follow : Yeas— Messrs- Axtell, Baker, Barnes, Samum, Seek, Boyer, Brooke, Burr, Cary, Charder, Eldridge, Farns- Worth, Getz, Qloesltrenner, Qolladay, Orotier, Hakiht, Hawkins, Holman, Hotchkise, Humphrey, Johnson, T. L. Jones, Ketrr, Knott, Marshall, McCormick, Mungen, Nichol- m^yPhelps, Prayn, Ba.ndall,Rom, Sitgreaves, Taber, Tift, ''Ycm Auken, Van TVump, Wood, Woodward, Young~~il. Nats— Messrs. Allison, D. R. Ashley, J. M. Ashley, Bald- win, Banks, Beaman, Beatty, Benjamin, Benton, Bing- ham, Blaine, Blair, Boles, Boutwell, Bowen, Boyden, Bromwell, Bj-oomall, Buckland, Buckley, Benj. F. But- ler, Roderick R. Butler, Cake, Callis, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Coburn, Cofley, Coyode, Cullom, Dawes, Deweese, Dickey, Dixon, Dodge, Donnelly, Driggs, Eckley, Edwards, Eggleston, Ela, Thomas D. Eliot, James T. Elliott, FerrisSiFerry, Fields, French, Garfield, Goss, Gove, Gravely, Halsey, Hamilton, Harding, Haughey, Heaton, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hun- ter, IngersoU, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Lafiin, Lash, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Mallory, Marvin, Maynard, McCarthy, McKee, Miller, Moorej Mporhead, Morrell, Mullkis, Newcomb, Newsham^ Nor- ris, O'Neill, Orth, Faihe, Perham, Peters, Pettis, Pierce, Pike, Pile, Plants, Poland, PoIsIot, Price, Prino6; Raum, Robertson, Boots, Sawyer, Schenck, Scofield, felye, , Shanks, Shellabarger, Starkweather, Stevens, Stewart, Stokes, Stover, Sypher, Taffe, Taylor, Thomas, Trimble, Trowbridge, Twiohell, TJpson, Van;46rham, Burt Van Horn, Robert T. Van Horn, Van Wyck, Vidal, Ward, EUihu B. Washburne, Henry D. Washbtirn, William B. Washburn, Welker, Whittemore, Thomas Williams, James F. Wilson, John T. Wilson,- Stephen F. Wilson, Windom— 150. i . The SEifATB returned, and the vote of Georgia was counted in the manner provided by the concurrent resolution, and Ulysses S. Grant was declared duly elected President, and Schuyler Colfax Vice-President of the United States for four years, commencing on the 4th day of March, 1869. For the Fnither Security of Equal Kights in the District of Columbia. 1869, February 11 — The Senate passed the following bill without division : ;• . FOETIETH CONGEESS, ThIBD SbSSIOIT. yBe it enacted, &Q,, That the ,WQrd, ''white," wherever it occurs in the laws relating to the District of Columbia, or in the charter- or ordi- aiinces of the cities, of Washington or George- town, and operates as a limitation on the right 6f any elector of such District, or of eit-her.,of the cities, to hol,d any office, or to be selected and to serve as a juror, he, and the same is hereby., repealed ; and it shall be unlawful for any per- son or officer to enforce or attempt to enforce said limitation after the passage of this act. , Iw House. '--'March 2 — It passed, without a call of the yeas and nays. .- March 3— It was presented to the President (Johnson), and "pocketed." ■ ,■'' ' FoBTT-FlEST COHGEESS, FlEST SESSION. c'March 8 — The Senate passed the same bill, without a division. March IG — The House passed it — ^yeas 111, uays 46, (not voting 89,) as follow: Yeas— Messrs. Ambler, Armstrong, Arnell, Asper, Bailey, Banks, Beaman, >Beatty, Benjamin, Benton, Bingham, Blair, Botes, Boyd, BufHnton, Burdett, Ben- jamin P Butler. Roderick R. Butler, Cessna, Churohil!, Clarke^Amasa Cobb, Clinton L. Cobb, Conger, Cullom, Davis, Dawes, Deweese, Dockory, Donley, .Duval, Dyer, Ela, Perriss, Ferry, Finkelnburg, Fisher, Fitch, Gar- field, GilfiUan, Hale, Heaton, Hoar, Hooper, Hopkins, Hotchkiss, IngersoU, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Lougbridge, Maynard, McCarthy, McCrary, McGrew, Mercur, Eliakim H. Moore, Jesse H. Moore.William Moore, Morrell . Morrill, Neeley, O'Neill, Orth, Packard, Paine, Palmer, Peters, Phelps, Poland, Pomeroy, Pressor, Roots, Sanford, Sargent, Sawyer, Schenck, Scofleld, Shanks, John A. Smith, William J. Smith, William Smyth, Stevenson, Stokes, Stoughton, Strickland, Taffe, Tanner, Tillman, Townsend, Twich- ell; Tyner, Upson, Van Horn, Cadwalader 0. Washburn, William B. Washburn, Welker, Wheeler, Whittemore, Wilkinson, Willard, Williams, Winans— 111. Nats — Messrs. Archer, Axtell, Beck, Biggs, Bird, Brooks, Bwr, Calkin, Orebs, Dickinson, Eldridge, Qetz, OoUaday^ Haight,Haldeman, Hamill, Holman, Johnson, Thomas L. Jones, Knott, Marshall, Majiham, McCormick, McNeel^, Moffet,. Morgan, M%ngen, Niblaek, Potter, Reading, Reeves, Bice, Sloeum, Joseph S. Smith, Stone, Strader, Swann, Sweenm, Trimble, Van Auken, ^jfrn Trump, Wells, Eugene M. Wilson, Winchestm; Witoher, Wood — 46. The bill was approved by President Grant, March 18, 1869. BILL TO STBENGTHES THE PUBLIC CBESII. EoTtieth Congieis. In House. 1869, February 24— Tliis bill passed : 4]l Act to strengthen the public credit, and re- lating to contracts for the payment of coin. £e it enacted, ing to its' terms; and on- the trial of a suit brought for the enforcement of any such con- tract, proof of the real consideration may b^ given. Yeas 121, nays 60, (not voting 41,) as follow: Yeas— Messrs. Allison, Ames, Anderson, Arnell, Deloi R. Ashley,; James M, Asiilej,. Axtell, Baldwin, Banks, 896 POLITICAL MANUAL, £arTO»»,Beamaii,Benjamin, Benton, Blsekbum, Blaine, Blair, Boyden, £oi/er,STOO*»,BroomaIl, Buckley, Callis, Chanler, Churohill, Reader W. Clarke, Sidney Clarke, Clift, Corley, Cornell, Cnllotn, Dawes, Delano, Dixon, Dodge, Driggs, Eckley, Thomas D. Kliut, James T. El- liott, Ferriss, Ferry, Fields, Garfield, ffefe, OUnebrenner, Gove, Griswold, Halsey, Harding, Huaton, Higby, Hill, Hooper, Bbtehkiss, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Jenckes, Alexander H. Jones, Jndd, Julian, Kellogg, Kelsey, Keteham, Kitchen, Koontz, Laflin, Lash, George V. Lawrence, Lynch, Marvin, May- nard, McKee, Mereur, Miller, Moore, Moorhead, Mor- rell, Mullins, Myers, Newcomb, Newsham, jNorris, O'Neill, Paine, Perham, Peters, Pettis, Phelps, Plants, Poland, Pomeroy, Price, Baum, Eobertson, Robinsvn, Roots, Sawyer, Sohenok, Scofield, Shellabarger, Smith, Spalding, Starkweather, Stewart, Stover, Taber, Taylor, Trowbridge, Twiohell, Upson, Van Aemam, Burt Van Horn, Bobert T. Van Horn, Ward, Cadwalader C. Wash' burn, William B. Washburn, Welker, Whlttemore, Thomas Williams, James P. Wilson, Windom— 121. NiTs— Messrs. Archer, Baker, Beatty, J3eck, Bowen, Bromwell, £urr, Benjamin F. Butler, Roderick E. But- ler, Cake, Chbi), Cobum, Cook, Covode, Deweese, Don- nelly, Eggleston; Ela, Eldridge,FaTn8v?oH'h,Fox, French, QoUactmf, Goss, Qrover, Haight, Hawkins, Holmun, Hop* kins, Uumphreu, Hunter, IngersoU, Johnson, Thomas L. Jones, Kelfey, Kerr, Knott, William Lawrence, Lough- ridge, Marshall, McCormick, Mungen, Niblack, Nunn, Orm, Pike, floss. Shanks, Stevens, Stokes, Stone, Taffe, Thomas, Tift, Van Trump, Henry D. Washburn, William Williams, John T. Wilson, Wood, Ymmg—Wi. Fending the passage, Mr. NiBlaok moved to strike out the first sec- tion, which Was lost — yeas 54, nays 130, (not voting 38,) as follow : Yeas — Messrs. Archer, Baker, Ba/mes, Beatty, Beck, Bowen, Bwrr, Roderick B. Butler, Cobb, Cobum, De- weese, Donnelly, Eggleston, Ela, Bldridge, Famsworth, Fox, Geiis, QoUadau, Goss, Gravely, Qrover, Baight, Hawkins, Molman, Hopkins, Sumphrey, Hunter, Ingei^ soil, Johnson, Thomas L. Jones, Kerr, Knott, Loan, mar- shall, McCormick, Mungen, Niblack, Orth, Pike, Pruyn, Ross, Shanks, Stevens, Stokes, Stone, Taffe, Tift, Van Auken, Vam, Trump, Henry D. Washburn, John T. Wil- Bon, Wood, Young — 54. Nats — Messrs. Allison, Ames, Anderson, Amell, Delos R. Ashley, James M. Ashley, Axtell, Baldwin, Banks, Bamwm, Beaman, Benjamin, Benton, Bingham, Black- burn, Blaine, Blair, Boutwell, Boydea, Boyer, Bromwell, Brooks, Broomall, Buckley, Cake, Chanter, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Corley, Cornell, Covode, Cullom, Delano, Dickey, Dixon, Dockery, Dodge, Driggs, Eckley, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, Fields, Qlossbrenner, Gove, Gris- wold, Balsey, Harding, Heaton, Higby, Hill, Hooper, JSotchkias, Chester D. Hubbard, Richard D, HvUbard, Hulburd, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Keteham, Kitchen, Koontz, Lafiln, Laah, George V. Lawrence, William Lawrence, Logan, Lynch, MaTlory, Marvin, Maynard, McKee, Mer- eur, Miller, Moore, Moorhead, Mullins, Myers, News- ham, NorTis, O'Neill, Paine, Perham, Peters, Pettis, Phelps, Pierce, Pile, Plants, Poland, Pomeroy, Price, Prince, Raum, Eobertson, Boots, Sawyer, Schenck, Scofield, Shellabarger, Smith, Spalding, Starkweather, Stewart, Stover, Taber, Taylor, T/homas, Trimble, Trow- bridge, Twiohell, Upsoii, Van Aemam, Burt Van Horn, Ward, Cadwalader C.Washburn, William B.Washburn, Welker, Whlttemore, Thomas Williams, William Wil- liams, James F. Wilson, Windom — 130. Mr. Allison moved to strike out the second sec- tion, which was lost — yeas 72, nays 100, (not vot- ing 50,) as follow : ' YiAs— Messrs. Allison, Baker, Beatty, Beck, Benton, Bowen, Bromwell, Benjaniin F. Butler, Cake, Clift, Cobb, Cobum, Cook, Cornell, Cullom, Deweese, Dickey, Donnelly, Eckley, Ela, EMrtdge, Farnsworth, Ferriss, Ferry, Fox, Qolladay, Goss, Gravely, Hawkins, Holman, Hooper, Hopkins, Hunter, IngersoU, Kelley, Kelsey, KiKtt, Koontz, William Lawrence, Loan, Louehridge, Jjynon, Maynard, Miller, Moore, Morrell, Mullins, Mungm, Myers, Niblaek, Nunn, O'Neill, Ottn, Petersj Robertson, Boss, Sawyer, Shanks, Shellabarger, Smith, Stevens, Stokes, Taffe, Thomas, Tift, Upson, Van Frump, Henry D. Washburn, Thomas Williams, Wil- liam Williams, John T. Wilson, Young— li. Nats — Messrs. Ames, Anderson, Archer, Arnell, Delos B. Ashley, James M.Ashley, Axtell, llaldwin, Banks, Barnes, Barman, Beaman, Benjamin, Blackburn, BlSftr, Boyden, Bayer, Brooks, Broomall, Buskley, Roder- ick R. Butler, Callist Oianler, Churchill, Header W. Clarke, Corley, Covodfe, Dawes, Delano, Dixon, Dodgfl, Driggs, Edwards, Thomas D.' Eliot, James T. Elliott, Fields, &etz, Glossbrenner, Gove, Griswold, Qroder, Haight, Halsey, Harding, Heaton, BotchUss, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Jenckes, John^ son, Alexander H. Jones, Thomas L.Jones, Judd, Julian, Kerr, Keteham, Kitchen, Laflin, Lash, GSeorge V. Laji*- rence, Mallory, Marvin, McCoi-mick, McKee, Mereur, Moorhead, Newsham, Norris, Paine, Perham, Phelps, Pierce, Pike, Plants, Poland, Pomeroy, Price, Pruyn, Raum, Scbenck, Scofield, Spalding, Storkweather, Stewart, Stone, Stover, Tciber, Taylor, Trowbridge, Twiohell, Van Aemam, Van Auken, Burt Van Hoirn, Hamilton, Ward, William B. Washburn, Welker, Whlttemore, James F. Wilson, Wood— 100. Ik Senate. . February 26— The bill was reported back from the Committee on Finance, amended so as to read as follows: As Act relating to the public debt. Be it enacted, &c., That in order to remove any doubt as to the purpose of the Government to discharge all just obligations to the public creditors, and to settle conflicting questions and interpretations of the laws by virtue of which such obligations have Ijeen contracted, it is here^- by provided and declared, that the faith of the United States is solemnly pledged to the pay-- ment in coin, or its equivalent, of all the obU- gaions of the United States, except in cases where the law authorizing the issue of any such obligation has expressly provided that the same may be paid in lawful money or other currency than gold and silver. Sec. 2. That any contract hereafter made specifically payable in coin, and the considera- tion of which may be a loan of coin, or a sale of property, or the rendering of labor or ser- vice of any kind, the price of which, as carried into the contract, may have been adjusted on the basis of the coin value thereof at the time of such sale or the rendering of such service or labor, shall be legal and valid, and may be enforced according to its terms. February 27 — Mr. Henderson moved to amend the first clause of the second section by making it read as follow : That any contract hereafter made specifioally payable in coin shall be legal and valicl, and may be enforced according to its terms. Which was not agreed to— yeas 10, nays 35, a« follow : Yeas— Messrs. Cole, Conkling, Corbett, Dixon, Fes- senden, Henderson, Pomeroy, Ross, Stewart, Trum- bull— 10. Nats— Messrs. Abbott, Anthony, Cameron, Cattell, Chandler, Cohness, Cragin, Davis, Doolittle, Drake, Ed- munds, Ferry, Freliughuysen, Harlan, Howe, Kellogg, HcOreery, McDonald, Morgan, Morrill of Vermontj Morton, Nye, Osborn, Patterson of New Hampshire, Ramsey', Bice, Sawyer, Sherman, Sumner, Thayer, Wade, Welch, Willey, Williams, Wilson— 35. Mr. Bayard moved to strike out the second, section, which was not agreed to — yeas 7, nays 36, as follow : Yeab— Messrs. Chandler, Cole, Daais, Doolittle, Fow- ler, Howe, Wade— 7. , Nays— Messrs. Abbott, Anthony, Cameron, Cattell,, Conkling, Conness, Corbett, Cragin, Dixon, Drake, Ed-; munds. Perry, Fessenden, Frelinghuysen, Harlan, Kellogg, McOreery, McDonald, Morgan, Morrill of Ver- mont, Morton, Nye, Osborn, Patterson of New Hamp- shire, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Trumbull, Welch, Willey, Williams, Wilson— 36. ' •'-• POLITICAL VOTES. 397 Mr. Henderson moved to amend the first sec- tiion so as to make' it read as follows : That it is hereby pjovided and deoliared that the faith of theiUoiiLsa States issolemnly pledged to an early resumption of specie paymeat by the €lovernmerLt in order that eonfliotiug qtnestions touching the mode of discharging the public in- debtednesB may be settled amSi that the same may be paid in gold. Which was not agreed to — yeas 8, nfiys 34, as follow : Ybas — Messrs, Cole, Davis, Henderson, Morton, Pqw- eroy, Robertson, Ross, Spencer— 8. NATS— ADthony, Cattell, ConklMe, Ooimess, Gorbett, Gragin, Dmm, Edmunds, Fens, Fessenden, Preling- hnysen, Grimes, Harlan, Hjarris, Howard, McDonald, Morgan, Morrill of. Maine, Morrill or Vermont, Nye, sborn, Patterson of New HampBhiiej Sawyer, Sher- man, Stewart, avimner, Thayer, Tiptor " ' " Welch, Willey, Williams, Wilson— 34. The bill, as amended by the report of the Com- mittee on Finance, was then pasaed--yeas 3.0, nays 16, as foUaw : Y£A6:— Messrs. A:bboti, Gattell, Conkling^ Gonniess, Gorbett, Cragin, Sifon,, Eidmunde, Ferry, Fessenden, Fi;elinghuysen, Grimes, Harlan, Harris, Howard, Mor- gan, Morrill of Maine, Morrill of Vermont, Nye, Patter- son of New Hampshire, Robertson, Sawyer, Sherman, Stewart, Sumner, Thayer, Tipton, Willey, Williams, Wilson— 30. Nats — ^Messrs. Cole, Davis, DooUttle, Fowler, Hender- son, Bendricks, HisOreeTm McDonald, Morton, Osborn, Patterson of TennesseB,Pomeroy, Ross, Speneer, Wade, Welch- 16. The title was amended so as to r^ad ''An act in relation to the pohlic debt." March 2 — The House non-concurred in the amendments of the Senate, and' a committee of conference (Messrs. Schenok, AlUaon,. and Nib- lack) appointed- Same day — The Senate insisted' on itsiamend- ments, and appointed Messrs. Sherman, Williams, and Morton a conference committee. March 3 — 'The committee reported the follow- ing bill : An Act to strengthen the public credit,, and re- lating to contracts for the pa,yment of coin. Be it enacted, &c.. That in order to remove Efcpy doubt as to theipur.pose, of the Government tp:.discharge all just, obligations to the public creditors, and to settle conflicting: questions and interpretations of the laws by v,irt-ue of which such obligations have been contracted, it is h.eyeby provided and declared, that the /aith of the United States is solemnly pledged to the- payment in coin, or its equivalent, of all the obligations of the- United States not bearing ittlerest, known as United States notes, and of all the interest-bearing obligations of the United h-taftes, except in cases where the law authorizing. the issue of any- such obligation has expressly provided that, the same may be pa.id in lawful money or other currency than, gold and silver. But none of said interest-bearing obligations not already dueshjill he redeemed, or paid before, maturity, unless atsuch'time United State* notes shall be convertible into coin at the option of the holder, or unless at such time bonds of the United States bearing a. lower rate of interesttban the' bonds to. be redeemed can be sold at par in coin. And the United Slates also solemnly pledges its faith to make, provision at. the earliest praqtioa- ble period for the redemption of the United States notes in coin. Sdo, 2. That any contract hereafter made spa- ciifically payable m coin, and the consideration of which may be a loan of eoin, or a sale of property, or the rendieiriBg of labor or service of any kind, the price of which, as carried into the contract, may have been adjusted on the basis of the coin vaJue thereof at the time of such sale or the rendering of such service or labor, shall be legal and vaBd, and may be enforced according to its terms ; aiud on the trial of a suit brought for the enforcement of any such contract, proof of the real consideration may be given. Same day — The Senate agreed to the report — yeas 31, nays 24, as follow : TiSAB— Messrs. Abbott, Anthony, Gameron, Gattell, Chandler, Conkling, Conness, Corbett, Cragin, Dixm, Drake, iCidmunds, Ferry, Fesseuden, Frelmghuysen, Harris, Howard, Morgan, Morrill of Maine, Momll of Vermont, Nye, Patterson of New Hampshire, Ramsey, Sherman, Stewart, Sumner, Trumbull, Van Winkle, Warner, Willey, Williams— 31. Nats — Messrs. Bayard, Buekaieui, Cole, Davie, DooKUle, Fowler, Hendvicks, Kellogg, McCreery, McDonald, Mor- ton, Nartan, O^bom, Patterson of Tennessee, Robert- son, Ross, Sawyer, Spencer, Sprague, Thayer, Tipton, Viekere, Wade, tPAjrf*— 24. Same day — The House adcipted the report — yeas 117, nays 59, (not voting 48,) as follow: Yeas — ^Messrs. Allison, Ames, AmelL Delos R. Ash- ley, James M. Ashley, AxteU, Bailey, Barnes, Barman, Beaman, Benjamin, Benton, Bingham, Blair, Boutwell^ Bowen, Boyden, Brooks, Broomall, Buckley, Cake, Oallis, Chamlsr, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Corley, Cornell, Cullom, Dawes, Dickey, Dixon, Dodge, Eckley, Thomas D. Eliot, James T. Elliott, Fernss, Ferry, Fields, Garfield, Gove, Gris- w»ld, Halsey, Haughey, Heaton, Higby, Hill, Hooper, Motehkies, Miehara D. Bubbamd, Hul'burd; Jeilckes, Alexander H Jones, Judd, Julian; Kellogg, Kelsey, Ketcham, Laflin, Lash, George v. Lawrence, Lincoln, Logan, Lynch, Mallory, Marvin, Maynard, McCarthy, McKee, Mercur, Miller, Moore, Moorhead, Morrell, i MuUins, Myers, Newsham, Norris, O'Neill, Paine, Per- . ham,. Peters, Phelps, Pile, Plants, Poland, Price, Prince, Raum, Robertson, RohiTison, Roots, Sawyer, Schenck, . Scofield, Sheliabarger, Smith, . Starkweather, Stevens, 'Stewart, Stover, S3T)her, TaSer, Taylor, T'rowbridge," i Twicheil, Upson, Burt Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, William B. Washburn, Wel- jker, Whittemore, James F. Wilson, Woodbridge— lli Nats— iMessrs. Adams, Archer, Baker, Beatty, Beck, [Boyer, Brom we 11, £urr, Benjamin F. Butler, Rojlerick IR. Pntler, Cory, Cobb, Coburn, Cook, Deweese, Dook- !ery, Donnelly, Eggleston, BWrtdjre, Farnsworth, Getz, GfoUaday, Goss, JTaight, Harding, Hawkins, Holman, HopkiU/3, Hunter, IngereoU, Johnson, Thomas L. JoTies, Kerr, Knott, William Lawrence, Marshall, McCormick, ■Jlf^Oullouah, Mungen, NibVack, Orth, Prutin, Bandall, Moss, Shanks, Sitgreaces, Stone, Thomas, Tift, Trimble, Van ■Aernam, VanAukm, Van Trump, Henry D. Washburn, William Williams, Stephen F. Wilson, Wood, Woodward, Yoimg—m. • The President (Johnson) "pocketed" the bill. [For .other votes on this subject in first session, Forty-First Congress, see a spbaequent chapter.] TEHTTEE-OF-OFFICE ACT. Fortieth GongresS) Third Session, Iw House. 1869, January 11— A bill to repeal an act regrilating the tenure of certain civil offices, passed March '2, 1867,* was introduced by Mr. H. D. Washburn, and read a first and second time. The previous question on the engrossment of the * For copy of the act, and votes on passage, see Po- litical Mitnual for 1867, pp. SO, 51; and Han^'BooK of PoUticg,-Pp.!lT6i 177. 398 POLITICAL MANUAL. bill was ordered — ^yeas 116, nays 47; and the bill was ordered engrossed, and was read a third time. It was then passed' — ^yeas 121, nays 47, not voting 53, as follow : ' Teas— Messrs. Allison, Anderson, Axtf^, Bailey, Bald- win, Banks, Bamum, Beaman, Beek, Bingham, Blaine, Blair, Boutwell, Bowen, Boyden, Bnokley, Bwrr, Ben- jamin F. Butler, Roderick E. Butler, Callis, Gary, Chan- ler, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Cobuim, Cook, Corley, Cornell, CuUom, DawesJ)eweese, Dixon, Prigga, Eckley, Eldridge, Thomas D. Eliot, Fields, Foxj Getz, &U)Ssbrenner, OoUadayy Goss, Grove, G-riswold, Grmer, Maight, Halsey, Haugney, Heaton, HoOper, Hopkins, SotchhisSj Jumpfcrw, Hunter, IngersoU, John- son^ Alexander H. Jones, Thomas L, JoneSt Judd, Julian, Kelley, EeUogg, Kerr, Ketcham, Knott, Lash, George V. Lawrence, jLincoln, Loughridge, Maliory, Marvm, MeCormick, McCuUough, Miller, Mmgen, Hew- comb, Niblack, Nicholson, Norria, O'Neill, Paine, Peters, Pettis, Phelps, Plants, Price, Prince, Robertson, Kobii^ son, Roots, Sawyer, Scofield,, Stewart, Stokes, Stover, Taffe, Taylor, Thomas, John Trimble, Trowbridge, Twiohell, Upson, Van Aemam, Burt Van Horn, Robert T. Van Horn, Van Wyek, Ward, Oadwalader C. Washburn, Henry D. Washburn, William B. Washburn, Welker, Whitteniore, Thomas. Williams, William Williams, James F. WJlsoflv Joltti T. Wilaon, Stephen F. Wilson, Windom, and Mr. Speaker Colfax —160. Nats — Messrs. Archer^ 4-Ppell, Haker, Bffmum, Beck,. Bingham, Boyer, Brooks, Burr, Cary CKoMer, Fox, Geh, SoUaday, Grover, Baight, Hawkins, Sotchkiss, Hum- phrey, Johnson, Thomas L. Jones, Kerr, Knott, Marshal, JUcOormiek, Mungen, Niblack, Nicholson, Phelps, Polisley, Pruyn, Randall, Bobinson, Boss, Sitgreaves, Stone, Taber, TIU3 Van Auken, Van Trump, Woodward, Young — iSi. Soi Voting — Messrs. jldams, Ames, Anderson, Barnes, Roderick R. Butler, Reader W. Clarke, Cornell, Dickey, Dixon, BUdrMae, Glossbrmner, Hill, Holman, Asahel W. Hubbard, Bv^rd D. Hubbard, Ingersoll, Kitchen, Mal- lory, McCarthy, UcCuUaugh, Morrmey, Pettis, PqmejToy, Schenck, Stevens, Sypher, Lawrence S. Trimble, Vidal, Ellihu B. Washborne, Wood, Woodbridge— 31. The Frevioas Votes. Same day — An amendment by Mr. Bingham, and an amendment to the amendgient by Mr, Shellabarger pending, the House vofed as fol- lows iipou them : Mr. Bingham's a,inendm9nt was to sn^titute the following for the first section of the said joint resolution: No State shall make^ar enforce any law which shall abridge or deny to any male citizen of the United States of sound mind an6 twenty-one years of age or upward the exercise of the elec- tive franchise at all elections in the State wherein he shall have actually resided for a period of one year next preceding such election, (subject to such registration laws and laws prescribing local residence as the State may enact,) except such of said citizens as shall engage in rebellion or insurrection, or who may havelmen, or shall be, duly convicted of treason or other infamous crimes. Mr. Shellabarger's amendment to the a.mend- ment was to strike out the above, and insert what follows: No State shall make or enforce any law which shall deny or abridge* to any malei citizen of the United States Of the agsi'Of twenty-one years or over, and who is of sound mind, an equal vote at all elections in the State in which lie shall have such actual residence as shall be prescribed by law, except to such as have engaged of may hereafter engage in insurrection' or rebellion against the United States, and to such as shall be duly convicted of treason, felony, or other' infamous crime. Mr. Shellabarger's amendment to the amend- ment was disagreed to — ^yeas'62, nays 125, nof voting 3f/, as follow; Yms— Jlewsrs; Delos R., Ashley, Baldwin, Besmtin, Beatty, Benton, Boles; Bowen, Broomall, Buckland, Cake, Glift, Cobb, CoburUi Oullom, Dawes, Delano, lEok- ley, Eggleston, Ela, James T. Elliott, French, GraVely, Hamilton, Hawkins, Hooper, Chester D. Hubbard, Judd, Julian, Kelley, Kelsey, George V. Lawrence, William Lawrence, Loan, Logan, Maynard, Mullins, Newsham, Norris, O'Neill, Orth, Paine, Plants, PolsleVi Prlt*, Prince, Sawyer, Schenck, Seofleld, Shanks, Shellabat^ fer. Starkweather, Stflkesj Sypher, Twiohell, Robert T. an Horn, Ward, Oadwalader 0. Washburn, Henry D. Washburn, William B.iWaahburn, Welker, Whittemore, Thomas Williams— 62. Nats — Messrs. Allison, AroAw, Amell, James M.Ash- ley, Axtell, Bailey, Baker, Banks, bamum. Beck, Bei^'a- min, Bingham, Blaine, Blair, Boutwell, Boyden, Boyeir, BromwelT, Brooks, Burr, Benjamin P. Butler, Callis, Qmi, Chanler, Churchill, Sidney Clarke, Cook, CorLey, .toode, Deweese, Doekery, Dodge, Donnelly, Driggs, Edwards, Etdridge, Thomas D. Eliot, Ferriss, Ferry, Fields, Fox, Garfield, Getz, Golladay, Goss, Gove, Gris- wold, Grover, Haight, Halsey, Harding, Haughey, Hea- ton, Higby, Hopkins, Hotchkiss, Hulburd, Hwm>hr,ey, gpnter, Jenckes, Johnson, Alexander H. Jones, Thomas ';J.(mes'ji:eir,Keiichsim. Knott, Koontz, Laflin, Lash, Jjinooln, Loughridge, Mao-shall, Marvin, MeCormick, McOullough, McKee, Mercur, Miller, Moore, Morrell, Mungen, Myers, Newcpmb, JViblack^ Nicholson, JSiinn, Perham, Peters, Phelps, Pierce, Pike, Pile, Poland, Pruyn, Randall, Ranm, Robertson, iSoiinson, Roots. iJoss, .Sitflr^auaj, Smith,SpaldJnf:, Stewart, S«(me,Staver,r'o6CT-, Taffe, Taylor, Thomas, rp, John Trimble, Trowbridge, Upson, Van Aernani, Van Auken. Burt Van Horn, Kon Tnmp, Van Wyokj John T. Wilson. Stephen F. Wilson, Windomi Woodbridge, Woodward, Toting— 12S. Not Votikg— Messrs. j4dam«,Ames, Anderson, Bcinta, Blackburn, Buckley, Roderick R. Butler, ReadSrW. Clarke, Cornell, Dickey, Dixon, Farnsworth, Gto8s!»'6?»- ner, Hill, Holman, Asahel W. Hubbard, Richard D. Hull- bard, IngersoU, Kellogg, Kitchen, Lynch, Mallory, Mc- ■ Carthy, TWoorhead, Morrissey, Pettis, Pomeroy, Selye, Stevens, Lawrence S. Trimble, Vidal,- Ellihu B. WasB- burne, William Williams, JTames F. Wilson, Wood— 35. T.he amendment of Mr. Bin(;ham was then dis- agreed to — yeas 24, nays 160, not voting 38, as fallow: Yeas — Messrs. Axtell, Baker, Bingham, Brooks; -De- weese, Doekery, Eldridge, Garfield, Haight, Heaton, Hotchkiss, Alexander H. Jones, McOullough, P^^^s, Plants, Bobinson, Boss, Spalding, Stewart, Stonei-SifL John T. Wilson, Woodward, Young— 2i. ' " Nats — Messrs. Allison, Arnell, Delos R. Ashley, James M, Ashley, Bailey, Banks, Beaman, Beatty, Beck, Ben- jaihin, Benton, Blaine, Blair, Boles, Boutwell, Bowen, Boyden, Boyer, Bromwell, Broomall, Buckland, Buck- ley, Btot.' Benjamin F. Butler, Cake, Callis, Cary,Chan- ler, Churchill, Sidney Clarke, Clift, Cobb, Coburn,Cook, Corley, Covode, Cullom, Dawes, Delano, Donnelly, Driggs, Eekley,Eggleston,EIa, Thomas D. Eliot, James T. EllSott,. Ferriss, Ferry, Fields, Fox. French, Gete, Golladay, Goss, Gove, Gravely, Griswold, Grover, Hal- sey, HamiltoniHarding,Hawkips, Higby, Hooper, Hop- kins, Chester D. Hubbard, Hulburd, Humphreii, Hunter, Jenckes, Johnson, Thomas L. Jones, Judd, Julian, Kel- ley, Kellogg, Kelsey, Kerr, Ketoham, Koontz, Laflin, Lash, George V . Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Marshall, Marvin, Maynard, MeCormick, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Mungen, Myers, Newoomb, Newsham, Niilack, Nicholson, Norris, Nunn, O'Neill, Oi'th, Pain^, Perham, PeteVs, Pierce, Pike, PBlffid, Polsley, Price, Prince, Pruyn, Sandall, Raum, RoibSrt- son. Roots, Sawyer, Schepck, Soofleld, Selye, Shan^B, Shellabarger, Sitgreaves, Smith, Starkweather, Stokes, Stovbr, Sypher, Taber, Taffe, Taylor, Thomas, Trow- bridge, Twiohell, Upson, Van Aernam, Tan .^Mfteji, Burt Van Horn; Robert T.Van Horn, Van TVump, Van 'Wyok, Ward, Oadwalader C. Washburn, Henry D. Washburn, William B. Witshburn, Welker, Whittemore, Thomas Williams, William Williams, Stephen F. Wilson, Win- dom, Woodbridge— ISO. Not V0TIN8— Messrs. Adame, Ames, Anderson^.^T-cAsr, Baldwin, ^a.rne8,Bo™um, Blackburn, Roderick ft.But- 'ler, Reader W. Clarke, Cornell, Dickey, Dixon, Dodge, Edwards, Farnsworth, Glossbrenner, Haughey, Hill, ^jfraon, Asivhel W. Hubbard, Bichard D. Hubbard, In- 'gerspll. Kitchen, Knott, Mallory, McCarthy, Morrissey, Pettis, Pile, PomertV, SteVens, John Trimble, Lawrence S-Ttimble, yidol, ElHhu B. Washburne, James F. Wil- son, Foo*^8. ■ The resoliition was then engrosaed and rea^i a 'fhird time— yeas 144, nays 45, not voting 33, and passed as above. Frooeedingfl vi^on it in the Senate Ik Sekate. In Committee of the Whole, February 3— Mr. Stewart moved to amend by substituting the following in place of the House resolution : Seo. 1. The right of citizens of the United XVth ambndmknt. 401 states to vote and hold office shall. not be denied or abridged by the United States or by any State 9n account of race, color, or previous condition of servitude. February 8 — Mr. Williams moved to amend the amendment by striking out all after the words " section 1," and insertine : "Congress shall have power to abolish or modify any restrictions upon the right to vote or hold office prescribed by the constitution or laws of any State. ^ Which was disagreed to. Mr. Drake moved to substitute for the amend- ment of Mr. Stewart thei following: No citizen of the United States shall, on ac- count of race, color, or previous condition of servitude be, by the United States or by any State, denied the right to vote or hold office. Which was disagreed to. Mr. Howard moved tosubstitute for the amend- ment of Mr. Stewart the following : . Citizens of the United States of African descent shall have the same right to vote and hold office in States and Territories as other citizens, elec- tors of the most numerous branch of their re- spective legislatures. Which was disagreed to. — yeasl6, nays 35,,,as follow ; Ybas — Messsrs. Anthony, Ghandler, Cole, Corbett, Cragin, Ferry. Harlan, Howard, Norton, Patterson of New Hampsliire, Sumner, Thayer, Tipton, Wade, Welch, Wifiiams^ie. ' NiYS — Messrs. Abbott, Sayard, Buehaleu), Cameron, Oalitell, DaoMttc, Drake, Edmunds, Frelinghuysen, fiarri^ MendrickSt Howe; Kellogg, JUcCreery,' McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of Tennessee, Ramsey, Rice, SavZsbwry^ Ssuw- yer, Sherman, Spencer, Stewart, Trumbull, Van Winkle, -^iofeers, Warner, TFftj/te, Willey, Wilson, Yates— 35. . Mr. Warner moved to substitnte for the aniend- ment of Mr. Stewart the followiing : The right of citizens of the United States to hold office shall not be denied or abridged, by the United States or, any State on aooount lOf property, race, color, or previous condition of servitude ; and every male citizen of the United States of the age of twenty-years or over, and who is of sonndmind, shall. have an equal vote at All elections in the State ,in which he shall bave< actually resided for a period of one year next preceding snch election, except such as may hereafter engage in insurrection or ^rebel- lion jigainst the United States, and snch, aseball be, duly convicted of treason, felony, or other infamous crime. ■,. Which was disagreed to. ,] February 9^Mr. Wilson, moved to amend by' inbatituting. the ifoHowing : .. There shall- be nondiscrimination, ju. any State among the citizens of the United States in., the eessercise of the elecvtive fraiMbise in. any election tiierein, orjn.the q^ualihcations foroffice in a^y State, on account of raoe, color, nativity, prop- erty, education, or religions belief. Which was disagreef'to-T-yeas 19, nays 24, as follow : li%ka — Messrs. Cattejl,, Conness, Clrimes„Harlan, Har- ris, Howe,, McDonald,. Morton,, Ramsejr, Eose, Sawyer, Sherman, Sumner, Van Winkle, Wade, Welch, Wll- Hajns," Wilson,' Welk©p-rl9. .;,IfAYa-rMessrs„Abbott,.Anthoi)y,j.So«orS,'C(i|le, .Cojik- IjBg, Corbett, DmU, Dixon, Fessenden, Fowler, Fre- linghuysen, ■ Howard, Morgan, Morrill of Vermont, -ISffrton, Nye, PaWersoradf Tennessee,.>Kicej Bobertspn, Stewart, Trumbull, YiskerSi Willey— -24. Mr. Sa,wyer .moved to anjend.by substitijting ,the following : The right to vote and hold office in the United States and the several States and Territories shall belong to all male citizens cf the United States who are twenty-one years old, and who have not been, and shall not be, duly convicted of treason or other infamous crime: Provided, That nothing herein contained shall deprive the several Slates of the .right to make such regis- tration laws as shall be deemed .necessary to guard the purity of > elections, and to fix tha terms of residence which shall precede the ex- ercise of the right tovote : And provided, That the United States and the several States shall have the right to fix the age and other qualifi- cations for office under their respective jurisdic- tions, which said registration laws, .terms of residence, age, and other qualifications shall be uniformly applicable to aU inale citizens of the United States. Which was idisagreed^ta. Mr. Henderson moved to add to Mr. Stewart's amendment the following : Nor shall such right to vote, after the first day of January, 1S72, be; denied or abridged for offences now committed, unless the party to be affected shall have been duly convicted tlieie- of. Which was disagreed to. Mr. Fowler moved to, amend by substituting the following: All the male citizens of the United States,, res- indents. Of, the several States, now or hereafter comprehended in the Union, of the age of twen- ty^one years and upward, shall he entitled to. an equal votein all elections in the State wherein they shall reside, the, period of such residence as a qualification for voting to be decided by each (State, except 'Such citizens, as shall engage in rebellion or insurrection, or shall be' duly constietediof treason .or pthier infamous crig^^, Which was disagreed to — yeas 9, nayg §£j-, g^a foUow : Ybas — Messrs. Bayard, Cragin, Dixon, Fofflei, Paifer- son of Tennessee, Rops,.Sberipjan, Van Wpilite. Wil- soln^-9. ' Nays— Messrs. Abbott, Anthony, Cftttelli Cole, Couk- ling, Conness, Corbett, Dmiis, Dya'i^,' Ferry, Freling- huysen, Harjan, Harris, Howard, McDonald, Morgan, Morrill ■ of Vermont, ■ Morton, Iftra, 'Patterson of New Hampshire, Pool, Ramsey, Bice, Robertson, Sawyer, Spencer, Stewart, Tiptoni Tmmbufl, /Bcia-j, Wade, .Weljohi Willey, WiUiama, Yaie8;=:35, On motion of Mr. Con,n,eas, th?, word "or" after tbe words "ttaited; Sta,tes,':' where it -.oc- curs the second tim.ean,ithep9nding,ajnendraent, was. made toiiead " nor."' .. Mr. Vickers mo.ved .to. add ,to :Mr. Stewart's amendment the following : , Nor phalli ithft. right :to .vote. he. denied- or abridged because of pa.i^tipipatiou in the recent .rebellion. ' Which was, disagresd. ,to.^y.eas ,21, nays 32, as follow : TzAB-^Messrs. Sapard,: SuclMkui, ]!kimis, Dixon, ■Boo^ mie, Ferry,iPowler,"Grimee, HarlaE.'.fl'aj&icfcs, Xe- Oreery; Mortm', Rstlaisoni Of 'Tennessee, Pool, Ramsey, Robertson, Sawyer, Truiiaball, Van Winkle,- Wiclccrs. Wilson-^1. ' . ■ • NATSi^MBSsrs.'AbbDtt,,,Anthony, Cattell, Cole, Oonls- ling, Conness,. GorbBtit, Cragin, Drake, Fessenden, Fre- linghuysen, Hfirri,s, Howard, Howe, Moig»A, Moawill of Vermont^ Morton,, Ni'©,,Patter80o af New Hamp- 402 POLITICAL MANUAL. shire, Rice, Ross, ShennaiLSpenoer, Stewart, Sum- ner, Thayer, Tipton, Wade, Welch, Willey, Williams, Yates— 32. Mr. Bayard moved to amend Mr. Stewart's amendment so' as to make it read : The right of citizens of the United States to vote for electors of President and Vice President, and members of the House of Representatives of the United Slates, and hold office under the United States, shall not be denied or abridged by the United States nor by any State, on ac- count of race, color, or previous condition of servitude. Which was disagreed to — ^yeas 12, nays 42, as follow : Yeas — Messrs. Anthony, Boj/orS, Bttckalew, Davis, Dixon, Doolittle, Grimes, ff^fudricks, MRQr&ery, Norton, Saulsbwry, Van Winkle— 12. Nays— -Messrs. Abbott, Oattell, Cole, Conkling, Con- ness, Corbett, Cragin, Drake, Ferry, Frellnghuysen, Harlan, Harris, Howard, Howe, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Sherman, Spencer, Stewart, Sumner, . Thayer, Tipton, Trumbull, Yickers, Wade, Warner, Welch, Willey, Williams, Wilson, Yates — 12. Mr. Wilson moved to amend Mr. Stewart's amendment by substituting for it the following: No discrimination shall be made in any State among the citizens of the United States in the exercise of the elective franchise, or in the right to hold office in any State, on account of race, color, nativity, property, education, or creed. Which was agreed to — yeas 31, nays 27, as follow : YzAs — Messrs. Abbott, Cameron, Cattell, Conness, Cragin, Ferry, Grimes, Harlan, Harris, Hendricks, Howe, McDonald, Morton, Osborn, Pool, Rice, Robert- son, Ross, Sawyer, Sherman, Sumner, Thayer, Tipton, Van Winkle, Wade, Warner, Welch, Willey, Wilhams, Wilson, Yates— 31. Nats — Messrs. Anthony, Buckalew, Chandler, Cole, Conkling, Corbett, Dixon, DooUttle, Drake, Edmunds, Fessenden, Frellnghuysen, HcOreery, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Patterson of Tennessee, Ramsey, Sauls- imry, Spencer, Sprague, Stewart, Trumbull, Vickers, ■Whyte—Zl. The amendment as amended was then agreed to. Mr. Corbett moved to add to the first section the words : But Chinamen not born in the United States, and Indians not taxed, shall not be deemed or made citizej^s. Which was disagreed to, Mr. Buclsalew moved to add the following new section : Sec. 3. That the foregoing amendment shall be submitted for ratification to the legislatures of the several States the most numerous branches of which shall be chosen next after the passage of this resolution. Which was disagreed to — yeas 13, nays 43, as fellow : Yeas— Messrs. Bayard, Buckalea, Davis, Dixon, Doo- Mitle, Fowler, Bend/neks, MeOreery, Patterson of Tennes- see, SauUbury, Van Winkle, Vidcers, Whyte—\i. Nats— Messrs. Abbott, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cr^giu, Drake, Ed- munds, Kerry, Fessenden, Frelinghuysen, Harlan, Harris, Howe, Morgan, Morrill of Maine, Morrill or Vermont, Morton, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyej, Sher- man, Speneeri Stewart, Sumner, Thayer, Tipton/Trum- bull. Wade, Warner, Welch, Willey, Williams, Wilson, Tates— 48. Mr. Dixon Htored- to amend so as to refer the amendments to " conventions " in the States in- stead of the legislatures ; which was disagreed to — yeas 11, nays 45, as follow : Ykas— Messrs. Bayard, BuckdUw, Davis, Dixon, DooHUle, Sendricks, McCreery, Patterson of Tennessee, Saulsbury, Tickers, Whyte— 11. Nats— Messrs. Abbott, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Ed- munds, Ferry, Fessenden, Frelinghuysen,- Harlan, Harris, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Warner, Welch, willey, waiiams, Wilson, Yates— 46. Mr. Morton moved to amend by adding the following as article XVI : The second clause, first section, second article of the Constitution of the United States shall be amended to read as follows: Each State shall ap- point, by a vote of the people thereof qualified to vote for representatives m Congress, a num- ber of electors equal to, the whole number of senators and representatives to which the State may be entitled in the Congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector; and the Congress shall have power to prescribe the manner in which such electors shall be chosen by the people. Which was disagreed to — ^yeas 27, nays 29, as follow : Ykas — Messrs. Buckalaa, Cattell, Dixon, DooUtOe, Fer- ry, Fessenden, Fowler, Grimes, Hendricks, Kellogg, McDonald, Morton, Patterson of New Hampshire, Pool, Rice, Ross, Sawyer, Spencer, Van Winkle, Vickers, Wade, Warner, Welch, Whyte, Willey, Williams, Wil- son — ^27. Nats — Messrs. Abbott, Cameron, Chandler, Cole, Conk- ling, Conness, Corbett, Cragin, Bain's, Drake, Freling- huysen, Harlan, Harris, Howe, McCreery, Morgan, Mor^ rill of Maine, Morrill of Vermont, Nye, Fbtterson of Ten- nessee, Ramsejr, Robertson, Sherman, Sprague, Stew- art, Sumner, Tipton, Trumbull, Yates — ^29. Mr. Sumner then moved to-Strike out all after the enacting clause, and insert as fellows : That the right to vote, to be voted for, and to hold office, shall not be denied or abridged any- where in the United States under any pretence of race or color ; and all provisions in any State constitutions, or in any laws, State, torritorial, or municipal, inconsistent herewith, are hereby declared null and void. Sbo. 2. And be it further enacted, That any person who, under any pretence of race or color, wilfully hinders or attempts to hinder any citi- zen of the United States from being registered, or from voting, or from being voted for, or from holding office, or who attempts by menaces to d^er any such citizen from the exercise or en- joyment of the rights of citizenship above men- tioned, shall be punished by a fine not less than one hundred nor more than three thousand dol- lars, or by imprisonment in the common jail for not less than thirty days nor more than one year. Seo. 3. And be it further enacted. That every person legally engaged in preparing a register of voters, or in holding or conducting an elec- tion, who wilfully refuses to register, the name or to receive, count, return, or otherwise give the proper legal effect to the vote of any citizen un- der any pretence of race or color, shall be ptta- ished by a fine not less than five hundred nor more than four thousand dollars, or by imprison- xvth amendment. 403 iiient in the common jail for not less than three calendar months nor more than two years. Seo. 4. And be it further enacted, That the district courts of the United States shall have exclusive jarisdiction of all offences against this •act; and the district attorneys, marshals, and deputy marshals, the commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting, imjprisoning, or bailing ofTeuders, and every other officer specially ■ empowered bjy the President of the United States, shall be, and they are hereby, required, at the expense of the, United States, to institute pro- 'oeediags against any person who violates this . act, and cause him to be arrested and imprisoned . pr bailed, as the case may be, for trial before such court as by this act has cognizance of the offence. Seo. 5. And be it further enacted, That every citizen unlawfully deprived of any of the rights of citizenship secured by this act under any pre- tence of race or color, may maintain a suit .'against any person so depriving him, and re- " cover damages in the district court of the United States for the district in ■which such person may i be found. , Which was disagreed to — yeas 9, nays 46, as follow : . Yeas — ^MesBis.Edmund9,McDonald,Nye,Itoss,Sum- "ner, Thayer, Wade, Wilson, Tates— 9. Nats— Messrs. Abbott, Anthony, Baj/ard, .Cameron, Chandler, Cole, Conkling, Conness, Corbett, Cragin, . Davis, Dixon, Doolittte, Drake, Ferry, Fesaenden, Fow- Mer, Frelinghuysen, Grimes, Harlan, Harris, BmdrickB, Howe, HcCreery, Morgan, Morrill of Maine, Morrill of ■Vermont, Morton, Patterson of New Hampshire, Pool, Bamsey, Rice, Robertson, Saulslmry, Sawyer, Sherman, . Bpenoer, Sprague, Stewart, Trumbull, Van Winkle, Tickers, Warner, TFAjrte, Willey, Williams— 46. The resolution was than reported to the Sen- ate, and the question being on concurring in the amendment made in Committee of the whole, Mr. Warner moved to substitute for the arti- cle adopted in committee the following : Seo. 1. No State shall make or enforce any law which shall abridge or deny to any male '.citizen of the United States of sound mind and over twenty-one years of age the equal exercise of the elective franchise at all elections in the State wherein he shall have such actual resi- dence as shall he prescribed by law, except to 7Buoh of said citizens as have engaged or shall hereafter engage in rebellion or insurrection, or who may have been, or shall be, duly convicted 'of treason or other crime of the grade of felony _at common law, nor shall the right to hold office be denied or abridged on account of race, color, nativity, property, religious belief, or previous : condition of servitude. Seo. 2. The Congress shall have power to en- force this article by appropriate legislation. Which was disagreed to — yeas 5, nays 47, as ■ follow : Yeas— Messrs. Conkling, Kellogg, McDonald, Spen- cer, Warner — 5. N.VYS— Messrs. Abbott, Anthony, BmMleui, Cameron, - Cattell, Chandler, Cole, Conness, Corbett, Cragin, DodCs, -Dixon, JDooiittte, Drake, Ferry, Fessenden, Fowler, Fre- , Hnghuysen, Harlan, Harris, Bindriokt, Howe, McOreery, -Morgan, Morrill of Maine, Morrill of 'Vermont, Nye, - Oahora, Patterson of Tennessee, Ramsey, Riee, Robrert- - JSOn , Ross, Sitifetery, Sawyer, Sherman, Sprague, Stewart, . Thayer, Trumbull, Van Winkle, Tinkers, WhyU, Willey, .Williams, Wilson, Yates— 47. Mr. Morton then offered the amendmentoffered by him in Committee of the Whole, proposing an additional article as Article XVI, and re- jected, as follows: The second clause, first section, second article of the Constitution of the United States shall be amended to read as follows : Bach State shall appoint, by a vote of the people thereof qualified to vote for representatives in Congress, a number of electors equal to the whole number of senators and representatives to which the State may be entitled in the Congress; but no senator or rep- resentative, or person holding an office of trust or profit under the United States, shall be ap- pointed an elector, and the Congress shall have power to prescribe the manner in which such electors shall be chosen by the people. Which was agreed to — yeas 37, nays 19, as follow : Yeas— Messrs. Buckalew, Cameron, Cattell, Cole, Conk- ling, Conness, Corbett, Dixon, Doolitttp., Ferry, Fessen- den, Fowler, Grimes, Harlan, Howe, Kellogg, McDon- ald, Morrill of Maine, Mo^on, Osborn, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Spencer, Thayer, Twicers, Wade, Warner, Welch, W?mte, Willey, Williams, Wilson— 37. Nays— Messrs. Abbott, Chandler, Cragin, Davis, Drake, ]@dmunds, Frelinghaysen, Harris, Hmdricks, McOreery, Morgan, Morrill of Vermont, Patterson of Tennessee, Saulsbury, Sherman, Stewart, Trumbull, Van Winkle, Yates— 19. Mr. Wilson moved to reconsider this vote; which was disagreed to — yeas 26, nays 28, as follow : Yeas— Messrs. Cameron, Cattell, Chandler, Cole, Con- ness, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Hams, Howe, Kellogg, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Ramsey, Sherman, Stewart, Thayer, Whyte, Willey, Wilson, Yates— 26. Nats — Messrs. Abbott, Sttckalew, Conkling, Corbett, Davis, Dixon, Doolitile, Fowler, Grimes. Harlan, JECen- dricks, McDonald, Morton, Osborn, Patterson of New Hampshire, Patterson of Tennessee, Pool, Rice, Roberta son, Ross, Sawyer, Spencer, Sprague, Van Winkle, Tickers, Wade, Warner, Williams — 28. The resolution as amended — being the substi- tute offered by Mr. Wilson and the additional article offered by Mr. Morton — was then passed — yeas 40, nays 16, as follow : Yeas— Messrs. Abbott, Cameron, Cattell, Chandler, Cole, Conkling, Connesa, Cragin, Drake, Ferry, Harlan, Harris, Howe, Kellogg, McDonald, Morgan, Morrill oi Maine, Morrill of Vermont, Morton, Nye, Osborn, Pat> terson of New Hampshire, Pool, Ramsey, Rice, Robert- son, Ross, Sawyer,Sherman,Spencer,Stewart. Thayer, Van Winkle, Uade, Warner, Welch, Willey, Williams, \V ilson, Yates — 40. Nats — Messrs. Anth ony. Bayard, Corbett, Davis, Dixon, DooMttle, Edmunds, Fowler, Grimes, Hendricks, McOreery, Patterson of Tennessee, Saulsbury, Sprague, Tickers, Whyte-Vo. Ik House , February 15 — The House — ^having suspended the rules, yeas 126, nays 31, not voting 65 — dis- agreed to the amendments made by the Senate. The first question w.'is on the amendment substi- tuting the following for the first section ; " No discrimination shall be made in any State among citizens of tiie United States in the exer- cise of the elective franchise or in the right to hold office in any State on account of race, color, nativity, property, education, or creed." Yeas 37, nays 133, (not voting 52,) as follow : Yeas— Messrs. Axtdl, Baker,3eatty, Bingham, Buck- land, Sidney Clarke, Coburn, Cullom;Deweese, Dickey, Dockery, Donnelly, Eggleston, H»ugh«y, Heaton, Asar hel W. Hubbard, Ingersoll, Kitchen, George V. Law- rence, William Lawrence, Nunn, Orth, Pile, Plants, Po- land, Soofleld, Shanks, Spalding, Stover, Thomas, John 404 POLITICAL MANFAL. Trimble, Eobert T. Van Horn, Ward, Welker, James P. Wilson, John T. Wilson, Stephen F^ . Wilson— 37- Nat^— Messrs. Anderson,, Delos B. Ashley, James M. Ashley, Banks, Bamum, Eeaman, JScc*, Benjamin, Ben- ton, Blaine, Blair, Boutwell, Boweh, Boyden, Boyer, Bromwell, Brooks, Buckley, BmT, Benjamin F. Butler, Roderick B. Butjer, Callis, Cary, Onanler, Churchill, Reader W. Clarke,, Clift, Cobb, Corley, Cornell, Covode, Dawes. I)riggs„ Edwards,- EWritfj/i!, Thomas D. Eliot, James, T. Elliott, Farnsworth, Ferriss, Ferry, Fields, Fox, Glossjbrenner^ Gove, Gravely, Grover, Haight, Hamil- ton, Hawkins, Higby, Sfilman, Hopkins, Bbic/iHss, Chea- ter D. Hubbard, Uulburd, Humphrey, Hunter, Jenokes, Jbftnstw, Alexander H. Jones, Thomas L. Jones, Julian, Kelley, Kellogg, pelseyi Kerr, Keitch?im, Knoit, Kopntz, Lafiin, La^sh, Loan, Loughr^dge, Lynch, Mallory, Mar- shall, Marvin, McCarthy, McCarmick, McKee, Miller, Moore, Moorhead, Morrell, Miingm, Myers, Newcomb, Newsham, JViblapk,, Nicholscm, liorris, O'Neill, Paine, Perham, Peters, Phelps, Pierce, Polsley, Pomeroy , !•{ ice. Prince, Pruyn, JRandaU, Kaum, Robertson, ie'o&insrtn. Roots, Ross, Sawyer, Shellabarger, Sitgreaves, Smith, Starkweather, Stewart,Stokes, ^ The foregoing amendment shall be submitted for ratification to the legislatures of the several States the most numeron's "braijches of wljich' shall be chosen next 'after tJbe passage of this resolution. "• ' ' Which was disagreed to — yeas 12, nays 40, as folIo\y ; YthS — Messrs. Bayard, Buckalem, Davis, Dixon, Fpw- ler, Hendricks, McOreei-y,JVdrtdii^'P&tt€^son of TenileEsee, Saulsbury, pickers, Whyte~-12.- ■ Nays — Messrs. Abbott, Cameron, Cole, ConkUng, Cragin, Drake, Edmunds, Ferry, 'SVelirighuysen, Har- lan, Harris, Howard, Howe, Kelloggi McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, OS- born, Patterson of New Eainpshire, Ponieroy; Pool, Eamsey, Rice, Robertson, Boss. Sawyer, ' Spencer, Stewart, Thayer, Tipton, Van Winfclei'Wade, W8rner, Welch, Willey, Williams, Wilson— 40. , Mr. Dixon moved to amend by submitting thp article to conventions instead of legislatures; which was disagreed to — yeas 10, nays 39. [The affirmative vote was the same as above, except that Messrs. Fowler and McOreery did not vote. The negative also the same, except that Messrs. Sawyer and Wade did not vote, and Mr, Yates did.,] ' ■ , Mr. Davis moved a reconsideration of the vote disagreeing to the last amendment offered by Mr. Howard, which was disagreed to — yeas l6, nays 29, as follow,: YzAS- Messrs. Cl;i(ndler, Cole, Conkling, Harlan, HoVpard, NyeV 0tiborh,'Paft6rSon of New Hampshire, Pomeroy, Etimsey, B.oberisoh, Sawyer, Tipton, War- ner, Welch, Williams— 16, Nays — Messrs. Abbott, BuchaUw, Cragin, Davis, Drake, Edmunds, Ferry, Frelinghiiysen, Harris, Hendricks, Kellogg, McOreery, McDonald, Morgan, Morrill of Ver- mont, Morton, Patterson of Tennessee, Pool, Eioe, Ross, Sqfilsmry, Spencer,'' Stfewafti Thayer, Vickers, Wade, Whjiie;'Wllaon,laiea—i9. ; The resolution was. then engrossed and read a thii:d tim'e, 'and passed*— yeaa 35, nays 11, as ^follow; Yeas- Messrs. Abbott, Chandler, Cole, Conkling, ■Cragin, Drake, Edmunds, Perry, Frelinghuysen, Har- lan^' Harris, Kelltiggi' McDonald, Morgan, Morrill of Vermont, Mprton, Osborn, Patterson of New Hamp- shire, Pomeroy, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Spencer, Stewart, Thayer, Van Winkle, Wade, ■Warner, Welch, Willey, Williams, Wilson— 35. - • 'N'AYS — Messrs. Bayard, Buckalew, Davis, Fowler, Sm- ■dricks, McOreery, Norton, Patte/rson of Tennessee, SauLs- Uilr^, Vickers, Whyte-^'il. "■■ ' ' ■ " Ijj HpUSE. February 20 — On motion of Mr. Boutwell, the rules were ' s.usp^eiided, (yeas lS9, nays 35, not Votingi8,).and"th.e'joiut resolution of the Senate ■was taken up. Messrs Logan, Shellabarger, and Bingham submitted amendments.' Mr. feoutwell.m'oVed to suspend the rules, and that the House proteed- to vote on the pending amendments and thq joint resolution without dilatory mo.tl.otis; which was agreed to — yeas 144, nays 37, hot votjng 41. Mr. 'Logan's amendment — to strike from the first section the ■words ".and hold office "^ — was disagreed to — yeas' '7^, najrs 95, (not voting 57,) as follow : "Yeas — Messrs. Arcker, Delos R. Ashley, Axiell, Bamum, Bec7c, Beiiton,' 'Eim'^h'ami Snyer; Biirr, Gary, Chanler, Churchill, Coburn, Dockary, Eckley, Eldridge, Fields, Fox, Garfield, Gete, GoUaday, Graver, Huight, Halsey, Hig- .by, fioZjnan, Hotchkiss, Chester D. Hubbard, Humphrey, Hunter, Johnsort, Thtymas Z. Jones, Judd, Keteham, Knott, George V. Lawrence, Logan. Marvin, McOorfnick, McOtil- lough, Mercur, Miller, Moore, Moorhead, Morrell, ift*n- l^fl^'Myers, Niblack, Nicholson, O'Neill, FJielps, Pile, F^yn, Randall, 'BsMva, Robertson, Schencb, Scofield, Selye, Smith, Spalding, Starkweather, Stevens, Stone, Taber, Tift, Vgn Xcymp, WiUiam WjUiams, Woodbridge, t^ohSmat'd^iQ.' ■ \ '" J 'i '\ 1.' .'.;'■' - Nays— Messrs. Allison, Ames, James M. Ashley, Ba- ker, Banks, Beaman, Beatty, Benjamin, Blaine, Blair, UpMretl,' Boft*in,i ' Bromwell, Broomall, Buskland, Buckley, Roderink B. Butler, Cake, Callis, Reader W. Clarke. Sidney Clarke, Clift, Cobb, Cook, Corley, Cul- lom, Dawas', JJjokey, yodgs. 'Donnelly, Driggs, Eggle- ston, Ela, Thoinas D. Eliot, James T. Elliott. Perriss, Ere'ttchjGoss,- 'Gove, -Gravely, Hamilton, Haughey, Beaton, Hooper, Hopkins, 'Hnlhurd, Jenekes, Alexan- der's. Jorie's; JtHian/Ee/lley, Kelligg, Kelsey, Kitchen, Koontz, Laflin, Lash, William Lawrence; Loughridge, Lynch, Maynard, McKee, Newcomb, Nunn, Orth, Paihfei'Peiham, PetferS, Pettis, Pike, Plants, Poland, Pomeroy, Prince, Roots, Sawyer, Shanks, Shellabarger, Stokes, Stover, Sypher,TafFe, Thomas, John Trimble, Trowbridge; Twi'ohell, Upson, Van Aernam, Burt Van Horn, Ward, William B. Washburn. Welker, Whitte- 406 POLITICAL MANUAL. more, Thomaa Williams, Stephen F. Wilson, Windom —95. Mr. Bingham's amendment, to strike out the words " by the United States or," and insert the words " nativity, property, creed," so that it will read as follows : The right of citizens of the United States to vote and hold office shall not be denied or abridged by any State on account of race, color, nativity, property, creed, or previous condition of servitude. Was agreed to — yeas 92, nays 71, (not voting 59 ) as follow : Yeas — ^Messrs. Allison, Archer^ James M. Ashley, Ax- tell. Baker, Bamum, Beatty, Bectc, Benton, Bingham, Blaine, Boyer, Bnckland, £urr, Reader W.Clarke, Cobb, Coburn, CuUom, Dockery, Dodge, Donnelly, Driggs, Eokley, Egeleston, Ela, XMridge, Farnsworth, Ferry, Ibx, Garfiela, Getz, Gravely, Griswold,Ba»i7fti, Hamilton, Uaugliey, neaton, Holman, Hopkins, Hotchlciss, Chester D. Hubbard, ITumphrey, Hunter, Alexander H. Jones, Judd, Julian, Kitchen, KtwU, Koontz, George V. Law- rence, William Lawrence, Marvin, McCormick, McOalUmgh, Mercur, Moore, Moorhead, Mv.ngea, B^ers, Newcomb, Nihlacle, NichaUarif Orth, Paine, Pettis, Pile, Plants, .Ban- clall, Baum, JRoWmon, Boss, Schenck, Scofield, Shanks, Smith, Spalding, Starkweather, Stevens, Stone, Stover, Taylor, Upson, Robert T. Van Horn, Cadwalader C. Washburn, William B. Washburn, Welker,Whittemore, William Williams, James F, Wilson, John T. Wilson, Woodbridge, Woodward — 92. Nays — Messrs. Delos R. Ashley, Banks, Beaman, Blair, Boutwell, Bowen, Bromwell, Broomall, Buckley, Ben- jamin F. Butler, Roderick R. Butler, Cake, Gary, Churchill, Sidney Clarke, Cook, Oorley, Covode, Dawes, Dickey, Thomas D. Eliot, James T. Elliott, Ferriss, Fields, French, Golladay, Goss, Gove, Qrover, H^sey, Higby, Hooper, Hulburd, Jenckes, Jolmson, Eelley, Kelsey, Eetoham, Laflin, Lash, Loughridge, Maynard, McKee, Miller, Morrell, Nunn, O'Neill, Perham, Phelps, Pike, Poland, Pomeroy, Price, Prince, Pruyn, Robert- son, Roots, Sawyer, Selye, Shellabarger, Stokes, Sypher, Taffe, Thomas, John Trimble, Trowbridge, Twichell, Van Aernam, Burt Van Horn, Ward, Thomas Wil- liams — 71. Mr. Shellabarger then withdrew his amend- ment, and the joint resolution passed— yeas 140, nays 37, (not voting 46,) as follow: Ybab — Messrs. Allison, Ames, Amell, Delos R.Ashley, James M.Ashley, Baker, Banks, Beaman, Beatty, Ben- jamin, Benton, Bingham, Blaine, Blair, Boutwell, Bowen, Bromwell, Broomall, Buckland, Buckley, Ben- jamin F. Butler, Roderick B. Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Clifl, Cobb, Coburn, Cook, Corley, Covode, CuUom, Dawes, Dickey, Dock- ery, Dodge, Donnelly, Driggs, Bckley, Eggleston, Ela, Thomas D. Eliot, James T. Elliott, Farnsworth, Fer- riss, Ferry, Fields, French, Garfield, Goss, Gove, Gravely, Griswold, Halsey, Hamilton, Haughey, Bea- ton, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Alexander H. Jones, Judd, Julian, Eelley, Eellogg, Eelsey, Eetcham, Kitchen, Eoonti, Laflin, Lash, George V. Lawrence, William Lawrence, Logan, Loughridge, Lynch, Marvin, Maynard, McEee, Mercur, Miller, Moore, Moorhead, Morrell, MyerSi O'Neill, Orth, Paine, Perham, Peters, Pettis. Pile, Plants, Poland, Pomeroy, Price, Prince, Raum, RoOt$ Sawyer,Schenck,Soofleld, Selye, Shanks, Shellabarger, Smith, Starkweather, Stevens, Stokes, Stover, Sypher, TaflSe, Taylor, Thomas, Tift, John Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Whittemore, Thomas Willianis, William Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge, and Mr. Speaker Colfax— 140. Nats — Messrs. Archer, AxteU, Bamum, Beck, Boycr, Burr, Gary, Chaaier, Eldridge, Fox, Getz, GoUaday, Grooer, Haighb, Hawkins, Holman, Hoichkiss, Humphrey, Jenckes, Johnson, Knott, Marshall, McCormick, McCuUoitgh, Mvmge^ jyiblack, Nicholson, PTielps, Pruyn, Randall, Mobinson, Boss, Stmie, Taber, Van Trwmp, Woodward, Totmg — 37. lu Sbfate. February 23 — The Senate disagreed to th|a amendment of the House, and asked a confer- ence on the disagreeing votes of the two Houses thereon; which was agreed to — yeas 32, nays 17, as follow : Yeas— Messrs. Anthony, Cattell, Chandler, Cole, Conk- ling, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Grimes, Harris, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Pome- roy, Ramsey, Sherman, Sprague, Stewart, Thayer, Tip- ton, Trumbull, Van Winkle, Willey, Williams, Wilson —32. Nats — Messrs. Abbott, Buelealew, Davis, Dixon, Doolit- Ue, Kellogg, McOreery, Norton, PaMerson of Tennessee, Pool, Bice, Robertson, Ross, Sawyer, Vickers, Warner, Whyt^—n. Messrs. Stewart, Conkling, and Edmunds were appointed the managers of the conference on the Eart of the Senate ; and Messrs. Boutwell, Bing- am, and Logan were appointed on the part of the House, the House having agreed to the con- ference — yeas 117, nays 37, not voting 68. February 25 — The conference reported, recom- mending that the House recede from their amend- ment, and agree to the resolution of the Senalje, with an amendment, as follows : In section 1, line 2, strike out the words " and hold office," and the Senate agree to the same. February 26— The Senate agreed to the report — yeas 39, nays 13, asprinted on page 399. February 25 — The Blouse agreed to the report — yeas 144, nays 44, not voting 35, as printed on page 399. XLl. MEMBERS OF THE CABINET OF PRESIDENT GRANT, AND m THE FORTY-FIRST CONGRESS. FBE8IDENT GBAKT'S CUSISEI.* Seeretary of State — Hamilton Fish, of New York, vice Ellihu B. Washbubne, of Illinois, resigned March 10, 1869. *Mr. Washbume was nominated and confirmed as Secretary of State March B, and resigned Maroh 10, to take efifect upon thequalifloation of his successor, which took place March 16. Mr. Alexander T. Stewart, of New Secretary of the Treasury — Geoegb S. Bout- well, of Massachusetts. Secretary of War—Joa^ A. Rawlins, of Illinois. Secretary of the Navy—GEQ-Ras M. EoBESok, of York, was nominated and confirmed as Secretary of the Treasury March 6, and resigned March 9, being found disqualifled by the act of Congress of September 2, 1789, providing that ths Secretary of the Treasury, with LIST OF CABINET AND CONSEESS. 407 New Jersey, iiice Adolph E. Bobie, of Penn- sylvania, resigned June 25, 1869. Postmaster General — John A. J. Ceeswbll, of Maryland. Secretary of the Interior — Jacob D. Cox, of Ohio. Attorney General — E. Rookwood Hoab, of Mas- Bachueetts. MEMBEBS OF THE FOBTT-FIBST CONGBESS. First Session, March 4, 1869— April 10, 1869. Senate. BcHTJYLER Colfax, of Indiana, Vice-President of ' the Uniied States and President of the Senate. George 0. Goiham, of California, Secretary. Maine — William Pitt Fessenden, Hannibal Ham- lin. New Hampshire — Aaron H. Cragin, James W. Patterson. Vermont — Justin S. Morrill, George F.Edmunds. Massachusetts — Henry Wilson, Charles Sumner. Rhode Island — Henry B. Anthony, William Sprague. Connecticut — Orris S. Ferry, William A. Buck- ingham. New Torh — EoscoeConkling, Reuben E. Fenton. New Jersey — Alexander 6. Cattell, John P. Stockton. Pennsylvania — Simon Cameron, John Scott. Delaware — Willard Saulsbury, Thomas F. Bay- ard. Maryland — George Viokers, William T. Hamil- ton.* North Carolina — John C. Abbott, John Pool. South Carolina — Thomas J. Robertson, Frederick A. Sawyer. Alabama — Willard Warner, George E. Spencer. Louisiana — John S. Harris, William P. Kellogg. Ohio — John Sherman, Allen G. Thurmau. 'Kentiichy — Thomas C. McCreery, Garrett Davis. Tennessee — Joseph S. Fowler, William G. Brown- low. .Indiana — Oliver P. Morton, Daniel D. Pratt. Illinois — Richard Yates, Lyman Trumbull. Missouri — Charles D. Drake, Carl Schurz. Arkansas — Alexander MoDoiald, Benjamin F. i„. Rice. ^Michigan — Jacob M. Howard, Zachariah Chand- ler. Florida— Vaomas W. Osborn, Abijah Gilbert. Iowa — James W. Grimes, James Harlan. Wisconsin — Timothy 0. Howe, Matthew H. Car- penter. Caii/or-TCia— Cornelius Cole, Eugene Casserly. Mnreesoia-Dauiel S. Norton, Alexander Ramsey. Oregon — George H. Williams, Henry W. Corbett. £"amsas— Edmund G. Ross, Samuel C. Pomeroy. West Firj'mia— Waitman T. Willey, Arthur 1. Boreman . other officer.s described, shall not be, directly or indi- rectly, concerned or interested in carrying on the busi- ness of trade or commsroe, or be owner, in whole or in part, of any sea vessel, or purchase, by himself or another in trust forhim.anypublio lands or other pub- lic property, or be concerned in thfe purchase or dis- Lpoaal of any public securities of any State or of the • united States, or take or appljr to his own use any etnolument or gain for negotiating or transacting any business in the said Department other than what shall be allowed bylaw. Mr. Bontwell qualified March 12, " ISGS. Mr. Schofleld remained Secretary of War until ■ March 12, when M; . Icawlins qualified. •- *Oualifled March Jo, 1869. Nevada — James W. Nye, William M. Stewart. Nebraska — John M. Thayer, Thomas W. Tipton. House of Bepresentatives. James Q. Blaine, of Maine, Speaker. Edward McPherson, of Pennsylvania, Clerh il/aine— John Lynch, Samuel P. Morrill, James G. Blaine, John A. Peters, Eugene Hale. New Hampshire*— J TMoh H. Ela, Aaron F, Ste- vens, Jacob Benton. Vermont — Charles W. Willard, Luke P. Poland, Worthington C. Smith. Massachusetts — James Buffinton, Oakes Ames, Ginery Twichell, Samuel Hooper, Benjamin F. Butler, Nathaniel P. Banks, George S. Bout- well,! George F. Hoar, William B. Washburn, Henry L. Dawes. Rhode Island — Thomas A. Jenckes, Katlian P. Dixon. ConnecticutX — Julius Strong, Stephen W. Kellogg, Plenry H. Starkweather, William H. Barnum. New York — Henry A. Reeves, John G. Schuma- ker, Henry W. Slocuna, John Fox, John Mor- rissey, Samuel S. Cox.g Hervey C Calkin, James Brooks, Fernando Wood, Clarksou N. Potter, George W. Greene, John H. Ketcham, John A. Griswold, Stephen L Mayham, Adolplms H. Tanner, Orange Ferriss, William A. Wheeler, Stephen Sanford, Charles Knapp, Addison H. Laflin, Alexander H. Bailey, .John C. Church- ill, Dennis McCarthy, George W. Cowles, Wil- liam H. Kelsey, Giles W. Hotchkiss, Hamilton Ward, Noah Davis, John Fisher, David 8. Bennett, Porter Sheldon. New /arsey— William Moore, Charles Haight, John T. Bird, John Hill, Orestes Cleveland. Pennsylvania — Samuel J. Randall, Charles O'Neill, Leonard Myers,JI William D. Kelley, John R. Reading, John D. Stiles, Washington Townsend, J. Lawrence Getz, Oliver J. Dickey, Henry L. Cake, Daniel M. Van Auken, George W. Woodward, Ulysses Merour, John B. Packer, Richard J. Haldeman, John Cessna, Daniel J. Morrell, William H. Armstrong, Glenni W. Scofield, Calvin W. GilfiUan Tva- cancy), James S. Negley, Darwin Phelps, Joseph B. Donley. Delaware — Benjamin T. Biggs. Maryland'-^a.mu&i Hambleton, Stevenson Ar- cher, Thomas Swaun, Patrick Hamill, Frede- rick Stone. i North Carolina — Clinton L. Cobb, David Heaton, Oliver H. Dookery, John T. Deweese, Israel 6. Lash, Francis E.Shober,1[ Alexander H.Jones. South Carolina — B. F. Whittemore, C. C. Bowen, Solomon .L. Hoge,** (vacancy.) Louisiana — (Vacancy,) Lionel A. Sheldon,*** (vacancy,) (vacancy.) OAio— Peter W. Strader, Job E. Stevenson, * Qualified March 16. f Resigned March 12. X Messrs. Strong, Kellogg, and Starkweather quali- fied April 9, 1869; Mr. Bamum did not appear. JlPid not qualify, by reason of absence from the countiy. II Qualified April 9, 1609, in place of John Moifet, unseated. If Did not qualify, disabilities not having been re- lieved. ** Admitted on prima facie, yeas 101, nays 39, and qualified April 8, •** Qualified April 8, having been voted entitled to the seat, yeas 85, nays 38. 408 POLITIOAi MANlfAL. Eobert p. Sohenok, William Lawrence, WiP liam Mungen, John A. Smith, Tames Ji Winans, John Beatty.,, Edward F. Dickinson^ Truman H. Hoag, John T. Wilson, Philadelph Van Triimp, George W. Morgan, Martia Welker, Eliakim H. Moore, John A. Bingham,; Jacob A. 'Ambler, William H. Upson, James A. Garfield. Kentucky— li&'meace S. Trimble, William N. Sweeney, J. S. Golladay, J. PrOctbr Knott, Boyd Winchester, Thomas L. Jones, James B.' Beck, George M. Adams, John M. Eice. Tennessee — Eodel-iek E. Butler, Horace May- nard, William B. Stokes, Lewis Tillman, Wil- liam P. Prosser, Samuel M. Arhell, Isaac E. Hawkins, William J. Smith. Indiana— WiWiam E. Niblack, Michael C. Kerr, William S. Holman, George W. Juliati, John Coburn, Daniel W. Voorhees, Godlove S. Orth, James N. Tyner, John P. C. Shanks, William Williams, Jasper Packard. Iltinois— Norman B. Judd,' John F; Farhsworth, EUihu B. Washburne,* John B. Hawley,. Ebon C. IngersoU, Burton C. Cook, Jesse H. Moore, Shelby M. Cullom, Thompson W. McNeely, Albert G. Burr, Samuel S. Marshall, . John B. Hay, John M. Grabs, John A. Logan *Besigned Mis^ou,ri — Brastus Wells, Gustavus A. Finkeln- burg, James E. MoCornlick, Sempronius H/ ' Boyd, Samuel S. Burdett, Eobert T. Van Horn, Joel F. Asper, John F. Benjamin, B&- vid P. Dyer. Arkansas— hogan H. Boots, A: A. 0. Eogefs, ■ Thomas Boles. Michigan — Fernando C. Beaman, William L. StoughtOD, Austin Blair, Thomas W. Ferry, Omar D; Gofliger, Eandolwh Strickland. Florida — Charles M. Hamilton. Jouia— George W. McCrary, William Smyth, William B. Allison, William Lottghridge, Frank W. Palmer, Charles Pomeroy. JFiscoTOsin— Halbert E. Paine, Benjamin P. Hopkins, Amasa Cobb, Charles A. Eldridge, . Philetus Sawyer, Cadwalader C. Washburn. ddlifornia-=^a,ui-a&\ B. Axtell, Aaron A. Sar- gent, James A. Johnson. JfmneSota^Mortou S. Wilkinson, Eugene M. Wilson. Origon — Joseph S. Smith. \ .Kansos— Sidney Clarke. West Virginia^-ls&aa H. Duval, James 0. Mc- , Grew, John S. Witcher. iVe»a(ia-^Thomas Fitch. iVeSrasio— iJohti Taffe. March 6. XLil. POLITICAL VOTES IN FIRST SESSION OF FORTY-FIRST CONGRESS., Additional BeconBtrnction Legislation. An Act authorizing the submission of the Con- stitutions of Virginia, Mississippi; and Texas' to a vote of the people, and authorizing the election of State officers, provided by the said' constitutions, and members of Congress-. Be it enacted, &e., That the President of the United States, at such time as he may deem best, for the public interest, may submit the constitu- tion which was framed by the convention which met in Eichmond, Virginia, on Tuesday, the' 3d day of December, 1867, to the voters of said State, registered at the date of said submission, for ratification or rejection, and may also sub- mit to a separate vote »uoh provisions of said constitution as he may deem best, such vote to i)e taken either upon each of the said provisioWs' alone, or in connection with the other portions of said constitution, as the President may direct. Seo. 2. That at the same election the voters of said State may vote for and elect members ot the General Assembly of said State, and all the officers of said State provided for by the said Constitutiou, and members of Congress; and the officer commanding the district of Virginia shall cause the lists of registered voters of said State to be revised, enlarged, and corrected prior to such election, according to law, and for that purpose may appoint such registrars as he may deem necessary'. And said elections shall be held, atod refarns thereof made, in the manner provided by the acts of Congrflss commonly called the reconstruction acts. Seo. 3. That the President of the United States may in like manner submit the constitution' of Texas to the voters of said State at such time and in such manner as he may direct, either the entire constitution, or separate provisions of the same, as provided in the Ist section of this aot, to a separate vote ; and at the same election the voters may vote for and elect the members of the Legislature and all the State officers pro- vided for in- said constitution, and members of Congress: Prdvided, also, That no election shall be held in said State of Texas for any purpose. until the President so directs. Seo. 4. That the President of the United States may in like manner re-submit the constitution of Mississippi to the voters of said State at such time and in such manner as he may direct, eithe*' the entire constftution or separate provisions of the same, as provided in the 1st section of this act, to a separate vote; and at the same electi^m. the voters may vote' for and elect the members of the legislature and all the State officers ;^rovid!ed for in said oon-stitution, and members of Con- POLITICAi VOTES. 409 Seo. 5 That if either of ' said constitutions Biiall be ratified at such election, the ■Leg^isktu-re of the State so ratifyhrg, elected as provided for in this act, shall assemble at the capital of said State on the fonrth Tuesday after the official promulgation of such ratification by the mili- tary officer oommandinrin said State. SlEo. 6. That before the States of Virginia, Mississippi, aud Texas shall be admitted to rep- resentation in Congress, their several legisla- tures, which may be hereafter lawfully organ- ized, shall ratify the fifteenth article which has been proposed by Oongi;ess to the several States as an amendment to the Constitution of the TTnited States. Seo. 1. That the proceedings in any of the said States shall not be deemed final, or operate as a complete restoration thereof, until their action, respectively, shall be approved by Con- gress. Approved April 10, 1869. The final votes on this act were as follow : In Senate, April 9. YSis— Messrs. Abbott, Boreman, Bpownlow, Boeklng- ham, Carpenter, Cattell, Chandler, Cole, Conkling^or- Bett^ragin, Drake, Fenton, Ferry, Pessenden, Ham- lin, -Hams, Howardj Howe, McDonald. Morrill, Morton, Nye, Patterson, Pomeroy, Pratt, Banuey, Bice, Eob- ertson, Eoss, Sawyer, Schurz, Scott, Sherman, S_penoer, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson — 44. • Nais— Mesar.s. Bayard, Oitserlj/, Dams, FowJeXi UcCretr rn, SvrUm, Sprague, StocMcn, ,Tlmrman—9. In House, April 9. Yeab — Messrs. Ambler, Ames, Armstrong, Aaper, Banks, Beamau, Benton, Bingham, Blair, Boles, Bow- en, Boyd,Bufanton,B. F. Butler, Cake, Cessna, Church- ill, Amasa Cobb, Clinton L. Cobbj Coburn, Cook, Conger, GiiUom, Dawes, Deweese, Dockery, Duval. Ela, Fams- ■worth, Ferriss, Perry, Finkelnburg, Fitoh, Grilfillan, Hale, Hawley, Hay, Heaton, Hoar, Hooper, Hopkins, Hotcbki^s, Ingersou, Alexander H. Jones, Judd, J ulian, Kelley , Kellogg, Ketoham, Knapp, Laflin. Lash, Logan, Loughridge. Lynch, Maynard, McCarthy, MeCrary, MoGrew, Mereur, William Moore, Morrell, Myers, Neg- ley; O'Neill, Orth, Packard, Paine, Palmer. Phelps, Po- land, Pomeroy, Prosser, Roots, Sargent, Sawyer, Soo- field.Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith. Williara Smyth, Stark- w«Bffler, Stevens, StJevenson, StokeSjStoughton, Strick- land, Strong, Tanner, Tillman, Townsend, Twiehell, Tyngr, Upson, Van Horn, Ward, Cadwalder C, Wash- burn; Wolker, Wheeler, Whittemore, Wilkinson, Wil- lard, Williams. John T. Wilson, Winans, Witcher— 108. Nays— Messrs. Adams, Ardier, Axtdl, Btggs, Bird, Broolcs, Bim-r, Cleedand, Crebct Eldridge, GUz, Golladay, emwiM, UaManan, Hamill, Hawkins, Holmav, Thomas JE. Hants, Kerr, KruM, Marshall, Mayham, McCtrrmiclc, Mc- UTetiu, Mblack, Potter, Bemes, Slocum. Stone, Swann, Swer.tmj, TrdnbU, Van Aulcen,, Vam. Trump, Woorhees, Wells, Eugem M. Wilson, Wiimhester,. Woodward— Z9. Previous Votes. In House. 1869, April 8 — The- House passed the foliowing bill: An Act authorizing the submission of the con- stitutions of Virginia, Mississippi, and Texas to a vote of the people, and authorizing the election of State officers,, provided by the said constitutions, and -members of Congress. Be it enacted, &c., That the- President of the United States, at such time as he m;ay- deem best for the public interest, may submit the co-nstitu- tion which was frame J by the convention which met in Richmond, Virginia, on Tuesday,-the3dd:ay of December, 186-7, to the registered voters of B*i4 State for ratification or rejection, and may.alap submit to aseparate vote such provisions of said constitution as he may deem best, such vote to be taken either upon each of the said provisions alone, or in connection with the other portions of said constitution, as the President may direct. Seo. 2 That at the same election the voters of said State may-vote for.and elect members of the general assembly of said State, and all , the officers of said State provided for by the said constitution, and members of CongresB; and the officer commanding the district of Virginia shall cause the lists of registered voters of said Stjite to be revised and corrected prior to such election, and for that purpose may appoint such registrars as he may deem necessary. And said election shall be held and returns thereof made in the manner provided by the election ordinance adopted by the convention which framed said constitution. Seo. 3. Thatthe President of the United States may in like manner 'submit the constitution of Texas to the voters of said Stat? at such time and in such manner as he may direct, either the entire constitution, or separate provisions of the same, as provided in the let section of this act, to a separate vote ; and at the same election the voters may vote for and elect the members of the legislature and all the State officers providedfpr in said constitution, and members of Congress: Provided^ also, That no election ehall be held in said State of Texas for any purpose until the President so directs. Seo.. 4. That the President of the United States may in like manner re-snbmit the constitution of Mississippi to the voters of said State, at such time and in such manner as he may direct, either the entire constitution or separate provisions of the same, as provided in the Ist section of this act, to a separate vote; and at the same election the voters may vote for and elect the members of the legislature and all the State officers pro- vided for in said constitution, and members of Congress. Sbo. 5. .That if either of said constitutions shall be, ratified at such election, the legislature of the State so ratifying, elected as provided for'in this act, shall assemble at the C£^pital of said States, respectively, on the fourth Tuesday after the o.fficial promulgation of such ratification by the military officer commanding in said State. Seo. 6. That in either of said States the com- manding general, subject to the approval of the President of the United States, may suspend, until the action of the legislature elected under the constitution respectively, all laws that he may deem unjust and oppressive to the people. Yeas, 125, nays 25, (not voting 47,) as follow ; Yeas— Messrs. Alll30,n, Ambler,, Armstrong, Arn#ll, Axtdl, Bailey j.Banks, Beaman, Beatty, ISeck, Bingham, lilair. Boles, Bowen, Brooks, Bufflnton, Burdett, Ben- jamin P. Butler, Roderick E. Butler, CaVdv, Cessna, Chur-^hill, Cte^e, AmasaCobb, rilnton L. Cobb. Coburn, Cook, Conger, Crebs, Cullom, Davis, Dawes, Deweese, Dickey, JncJcirtson, Diion, Dockery, Donley, Duval, Ela, Parnsworth, Ferriiss, Perry, PinGkolnburg, Fisher, Fitch, Garfield, Gil611.au, Hale, Hawley, Hay, He^tcsp, I-IlTl, Hoar, Hoge. (Hopkins, Hotohkiss. • IngersoU, Jenokes, Alexaiider H. Jones, Judd, Julian, Kelley, ]IeIsey„Ketehaiii,Kvapp,,LaSln, Lash, Lawrence, Lo- garuLoughridge,, lofneh,,MoCarti3y, JHcCfji-jfiicS:, MoCra- ry, MoGrew, WiUSam Moore, Morgan, Morrell, Morrill, 410 POLITICAL MANUAL. Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Phelps, Poland, Poineroy,Pros3er,Eoots,Sanford, Saw- yer, Schenck, Scofield, Shanks, Sheldon, SUmm,, John A. Smith, William J. Smith, William Smyth, Stevens, Stevenson, Stokes, Stoughton, Strickland, Tanner, Till- man. Townsend, Tyner, Upson, Ward, Cadwalader C Washburn, William B. Washburn, Welker, Wheeler, Whittemore, Wilkinson, Willard, Williams, John T. Wilson, Wiuans, Witcher, TToodioord— 126. Nays— Messrs. Adams, Archer^ Biggs, Bird, Burr, Cleve- land, Eldridge, Geiz. GoUaday, HaWeman, BamM, Holman, Thomas L. Jones, Kerr, Knott, UcNeely, Moffet, NCbUuik, I^oUer, SandnU, Beeoes, Sweeney, Trimble, Wells, Wincfies- ter—26. Ih Sekate. 1869, April 9 - The House bill pending, Mr. Morton moved this as a new section : That, before the States of Virginia, Missis-, sippi, and Texas shall be admitted to representa- tion in Congress, their several legislatures, which may be hereafter lawfully organized, shall ratify the fifteenth article which has been proposed by Congress to the several States as an amendment to the Constitntion of the United States. Which was agreed to — yeas 30, nays 20, as follow : Teas— Messrs. Abbott, Brownlow, Buokingham,-Car" penter. Chandler, Cole, Drake, Harris, Howard, McDon- ald, Morrill, Morton, Nye, Osbom, Pool, Pratt, Bamsey , Bice, Boheitson, Boss. Schurz, Sherman, Stewart, Sum- ner, Thayer, Tipton, Warner, Williams, Wilson, Yates —30. Nats — Messrs. Anthony, Bayard, Boreman, Oasserly, Conkliog, Davis, Edmunds, Fenton, Ferry, Fessenden, Fowler, JUcOreery, NarUm, Patterson, Sawyer, Sprague, Stodaon, Thtirman, Trumbull, Willey— 20. A few unimportant changes were made, and the bill passed both Houses, as above. [A bill passed the House of Representativea. December 9, 1868. providing for an election in Virginia on the 27th of May, 1869, on the con- stitution and for State officers, and for mem- bers of Congress, the legislature to meet Sep- tember 7. It passed without a division. The bill was reported in Senate from the Judiciary Committee, with amendments, ]?ebruary 10, 1869, but was not called up. The general provisions of the bill were these : That the constitution adopted by the convention which met in Eiohmond, Virginia, on the Sd day of December, A. D. 1867, be submitted for ratifi- cation on the day above named to the voters of the Sta^e of Virginia, who shall then be regis- tered and qualified as such in compliance with the acts of Congress known as the reconstruction acts. The vote on said constitntion shall be " for the constitution," or " against the constitution." The said election shall be held at the same places where the election for delegates to said conven- tion was held, and under the regulations to be prescribed by the commanding general of the military district, and the returns made to him as directed by law. It is provided by the second section that an election shall he hold at the same time and places for members of the general assembly and for all State officers to be elected by the people under said constitution ; the election for State officers to be conducted under the same regula- tions as the election for the ratification of the constitntion and by the same persons. The re- turns of this election shall be in duplicate ; one copy to the commanding general and one copv to the president of said convention, who shall give certificates of election to the persons elected, The officers elected shall enter upon the duties of the offices for which they are chosen as soon as elected and qualified in compliance with the provisions of said constitution, and shall hold their respective offices for the term of years pre- scribed by the constitution, counting from the 1st day of January next, and until their sue;- cessors are elected and qualified. The third section provides that an election for members of the United States Congress shall be held in^the congressional districts as established by said convention, one member of Congress be- ing elected in the State at large, at the same time and places as the election for State officers ; said election to be conducted by the same per- sons and under the same regulations before men- tioned in this act; the returns to be made in the same manner provided for State officers. By the fourth section it is provided that no person shall act either as a member of any board of registration to revise and correct the registra- tion of voters as provided in section seven of the act of July 19, 1867, amendatory of the act of March 2, 1867, entitled "An act for the: more efficient government of the rebel States," &c., or as a judge, commissioner, or other officer, at any election to be held under the provisions of this act, who is a candidate for any office at the elections to be held as herein provided for. The fifth section provides that the general assembly elected under and by virtue of this act shall assemble at the capitol, in the city of Rich- mond, on first Tuesday in September, 1869. The Senate committee's amendments were : To submit, at the same election, to a separate vote of said voters, the question whether the fourth subdivision of the first section of the third article and the seventh section of the third article of said constitution shall constitute a part thereof, and the vote on said question shall oe "for dis- qualification" or "against disqualification." Also, to substitute the following for the fifth section : In case a majority of all the votes cast on the ratification of the constitution shall be " for the constitution," the general assemblyelected under and by virtue of this act shall assemble at the capitol, in the city of Richmond, on the first Tuesday of July, 1869; but if a majority of the votes cast on the q^uestion of ratification be against said constitution, said general assembly shall not convene nor shall any person elected to office under the provisions of this act enter upon the discharge of the duties thereof in pur- suance of said election. The provision of the constitution voted upon separately shall consti- tute a part of the constitution if a majority of the votes cast upon it be " for dipqualification ;" but if a majority of the votes cast on that ques- tion be "against disqualification," it shall not constitute part of the constitution] lite UisEissippi Bill. In House. 1869, March— Mr. Benjamin F Butler, from the Committee on Reconstruction, reported the following bill : A Bill to provide for the organization of a provisional government for the State of Mis- I sissippi. POLITICAL VOTES. 411 '\ Be it enacted, &c., That for the bettor security of persons and property in Mississippi, the con- Btitutional convention of said State, heretofore elected under and in pursuance of an act of Gongress, passed March 2, 1867, entitled "An act tor the more efficient government of the rabel States," and the several acts of Congress supplementary thereto and amendatory thereof, and as organized at the time of its adjournment, is hereby authorized to assemble forthwith upon the call of the president thereof; and in case of his failure for thirty days to summon said con- vention, then the commanding general of the fourth military district is hereby authorized and required to summon by proclamation said con- vention to assemble at the capital of said State ; a.nd said convention shall have, and it is hereby authorized to exercise, the following powers in addition to the powers now authorized by law, to wit : to appoint a provisional governor ; to authorize the provisional governor of said State to remove and appoint registrars and judges of elections under said acts of Congress, who shall ittot be voted for at elections within their own precincts ; to submit to the people of said State the constitution heretofore framed by said con- vention, either with or without amendments ; to provide by ordinance that the votes for and against said constitution and for and against the clauses thereof submitted by this act to a sep- arate vote, together with the votes cast for and against all State and local officers voted for under said constitution, shall be forwarded to the provisional governor by the judges of elec- tion, and sh%ll be counted in the presence of the provisional governor, the general commanding the military district of Mississippi, and such committee as the convention may appoint for that purpose ; and it shall be the duty of said provisional governor, commanding general, and committee to make proclamation of the result of sdch elections; to pass laws exempting a homestead not exceeding $1,000 in value, and household furniture, mechanical and farming tools, provisions, and other articles of personal property necessary for the support of a family, hot exceeding$500 in value, from seizure or sale upon process for the collection of debts ; which laws shall continue in force until repealed or modified by the legislature to be elected under the Constitution ; and to pass such ordinances, not inconsistent with the Constitution and laws of the United Slates, as it may deem necessary to protect all persons in their lives, liberty, and property: Provided, That said convention shall not ' continue in session for more than sixty days : And provided further, That the districts unrepresented from any cause in the convention at the time of its adjournment shall at once proceed to elect duly qualified persons to take seats in said convention. The election of such delegates shall , be held under the direction of the commanding general, in accordance with the provisions of the act of Congress approved iMaich 2, 1867, entitled "An act for the more efficient government of the rebel States," and the acts supplementary thereto ; and certificates of election shall be awarded to the candidates receiving the highest number of votes: And provided, also. That said convention may submit any one or more provisions of said proposed constitution to a separate vote. Seo. 2. That the several ordinances which may be passed by the constitutional convention of said State within the limitations as herein pro- vided, shall be in force in said State until disap- proved by Congress, or until Mississippi shall have adopted a constitution of State government and the same shall have been approved by Congress: Provided, That nothing in this act contained shall deprive any person of trial by jury in the courts of said State for offences against the laws of said State. Seo. 3. That the military commander in said State, upon the requisition of the provisional governor thereof, shall give aid to the officers of the provisional government of said State in pre- serving the peace and enforcing the laws, and especially in suppressing unlawful obstructiona and forcible resistance to the execution of the laws. Seo. 4. That the said provisional governor may remove from office in said State any person holding office therein, and may appoint a succes- sor in his stead, and may also fill all vacancies that may occur by death, resignation, or other- wise, subject, however, in all removals and ap- pointments, to the orders and directions of the President of the United States ; and the Presi- dent of the United States may at any time re- move the said provisional governor and appoint a successor in his stead. Seo. 5. That if at any election authorized in the State of Mississippi any person shall know- ingly personate and falsely assume to vote in the name of any other person, whether such other person shall then be living or dead, or if the name of the said other person be the name of a fictitious person, or vote more than once at tt^e same election for any candidate for the same office, or vote at a place where he may not be lawfully entitled to vote, or without having a lawful rightto vote, or falsely register as a voter, or do any unlawful act to secure a right or an opportunity for himself or other person to vote, or shall, by force, fraud, threat, menace, intimi- dation, bribery, reward, offer, or promise of any valuable thing whatever, or by any contract for employment, or labor, or for any right whatever, or otherwise attempt to prevent any voter who may at any time be qualified from freely exer- cising the right of suffrage, or shall by either of such means induce any voter to refuse or neglect to exercise such right, or compel or induce, by either of such means, or otherwise, any officer of an election to receive a vote from a person not legally qualified or entitled to vote, or interfere to hinder or impede in any manner any officer in any election in the discharge of his duties, or by either of such means, or otherwise, induce any officer in any election, or officer whose duty it is to ascertain, announce, or declare the result of any vote, or give or make any certificate, document, or evidence in relation thereto, to violate or refuse to comply with his duty or any law regulating the same, or if any such officer shall neglect or refuse to perform any duty re- quired of him by law, or violate any duty im- posed by law, or do any act unauthorized by law relating to or affecting any such vote, election, 412 POLITICAL MANUAL. or the result thereof, or if any persqn shall a^d, counsel, crooure, oradyis? any such voter, p,er- Bpn, or officer to do any act herein madieaorime, or to omit to do an.y.duty the,o,rQission of w.Jiich js hereby mside a crime, o,j at|§.mpt so tp d,o,s or if any person shall by, force, ,threa,t, njenaoe, in- timidation, or otherwise prevent any,cit^zep or citizens from assembling in public ine.eting.to disousB or hear.disoussgd any subject- wh,a|ever, or if any person shall. by any meSiPS break up, disperse, qr moleRji anj, a,ssem,\)lage, or any, citi- zen in or of such assemblage when met or iiji^t- ip^.to dis(!i)§g,pr hear di^ejission, as afor^^ajd^ or ^all by any me3,jis . pirey ent any. citizep jrp.m attending any such a|SsgmJ)lage„ every, person ep qifending shall be deemed giuilty pf a crime, a^4 ^ail.for suchi crime,, be ii^le,;tg,in^jctmejitin fi,ny. court of the tfnite^' St^ea- of competent jurisdiction, and,qn cpn-vipti^n. t^er§ctf,Bt).all.be adjudged to pay a fine not exceeding five bpn- dr^d dollars, or less. th^n. one hnndred; dollars, ^nd suffer imprieonment fqr;a,tprp(i DO^iexoeed-r ipg three yes^rs nor less than.six months, i^ tjie disc.retjpn of the court, and pay the co^ts pf prosecution, The Fublic Credit Act. This bill became a law March Ig, 1869, being t)ie first act approved by President Geani : Be it enacted^ &c., That in order tp remove any doubi as to the purpose of the Government tp discharge alLjust pbligatip'ns to the public crediters, andtoee.ttle conflicting questions and .WWP'«W'""y interpretations of the laws by virtue of whict qr sell treasury warf?nt8,^or claims of. apys^J such -obligations have been^ontracted, it is Seo. 6. That.no officer of JJis^isgippi shajlbuy - ... . . Af qr district therfiof, All. taxes and' moneys qol- upon the tre^ury,qf the State, pr.of,any cpiiptj lected by apy qffi^r, slialli be p.^iiJ-iRto the ap- propriate treasury ; and any,colleQtpr.who m^y r.E^ceive w.arr^n^s ip payp;enj) of^ taz^s shall, file w,;th.t^e tj^i^agnrf^r, a s^ijjp^ple, ma^p undpr o,^Jii pf such warranto, wjtji.t|ie;nama ^4. rg^jdenp,? of each p.ers,pn frprp; Sfjipm apy, ^p(^ war^-^ajij p;i?iy havp been reoeiv-^d^ Apy persp-n whp,sh^} V^ola^e l^is section, su^l hq , de;ejngd guilty of a misdemeanor, ,apd,upqn convjgtion thereof shall b^ ppnished a3,ia,preeiCribed in the fifth seqtipn pf this act, Sec, 7, Th.at the ^pur-ts of thp-, TJp^ted St^te; shall hays j,ur.isdictipp of q^sesr arising under this Sep. 8. Th^t the po)J,-t9,^ levied in any ppe year upon any citizen of MisBis&ijppi shall not exceed $1 5.0, and all l^ws.in saidSta^ fpr the cpllection pf t£|.z^s apfl debts sjiall be unifprpn^ and every cifizen shall fee entitled tp all the ^.- emptipns an.d, imimppitips in these respects of th^ most favored citizen, or cla§8 of citizens, Seo. 9. That a)l lands which shall heireajft^t be forfeited apd spld for ppp-payjneji;t of any tg.;£, impost, or assessment whatever, in the State of M,is8issippi, or under proceedings in bankruptcy, or by virtue of the jjudgmept or decree of any court in. the. said. Slate of Mji^siB- sippi, shall be disposed pf pnly by sa,le in sepa- rate sub-diyi^ipps net exceiedipg forty acr,es,.eaich: Provided, hofeiiver, That . such portion pf sajd land shg,!! first be offered for sale as cap be spjid, with th^e leasf i,nj,nry tjp the remaipijer. April 1 — Its fpr-thar .cpnsjderatiojji, was ,pipst- ppned ti.U the first Monday in Decembeii; next — yeas 103, pays 62, (not voting 31,), as foUpw ; Yeas— Messrs, Allison, Archer,, Armstrppg, Axteili Bailey, Beck, £igga. Bird, Slaj^, Brooks, Burr, Oa&iia, Cleoeland, Cowles, Oreba, Cullom, Dawes, DeweasBj/Hcfc- inaon, Dixon, Dockery, Eldndge, FarhswortK, Ferris's, Finkelnburg, Fitoh, Gacfielii, (Mp, G-ilflHan, ajpljli}^, GrisVoId, Baldeman, Hale, ffcmpbleton. ffamiU, Hawkip^, Hawley, Hoag, EtoWiidn, Hopkins, fiolchkiss, Jenokes, Johnson, Thomas L. Jones, lierr, Laflin, Lougpridge, •ham, McCarthy, McCprmiek, M§ "" fct.Jesse H.Moore, William ijiuuio, .luuvuM..^ .»«.»-", ^.ortiU, Murwen, Niblack, O'- Neill, Pac ker. Palmer, Peters, Poland, Po'nieroy, Potter, Bandall, Beading, Beeves, Bice, Rogers, Sqhenok, ScSsi- maker, Soofield', Shanks, Slocum, Worthineton C. Smith, Wllliatti Smytli, Stevens, Stiles, Stokes, Stone, Strick- land, Swam, Sweeney, 'VoSe, Tanner, IVmible, .TwicPell, VdnAujixa, Voorhees, Cadwalader jt:. TVaslitiurn, Willing BrlVaahburn, TO&, "Wilkinson, yim&td, Eugene M. Wiison, Win^ns, Wobdward^lOZ. Benton, Benjamin 1 , ^ „. , , •„ , „ ... cainrchill, Amasa CObb; Clinton L, Cobb, Coburn, Cook, Conger, Donley, Duvall, lila, Fisher, Hay, Heaton, HiU, Eto'ariAleXander H. Jones, Judd, Julian, Kejley, Kel- sfeyj Knapp, Lash, Lawrence, Maynard, Bliakim H, Moore; TJegley,Orth, Packard, Paine, Phelps, Prossflr, Roots, Sargent, Sheldon, John A, Smith, William J. Sinith, SteTfinson, Stoughton, Tiljman, Tyner, Upson, Van Horn, Ward, Welker, Whittemore, Williams, John T. Wilson, Witohei>-62. hereby provided and declared, th^t the faith of the United States is splemnly pledged tp the payment in opin pr its equivalent pf all the pbljgatipns of the United States not bearing intereft, known a,3 Upitedj States pptes, and of all tfie interest- bearing obligations of the United Stages, except in cased whef-e the law authoriz- ipg tpe issiieof any such obligatipn has ex- prBBsly prpvided that the same may be paid in lawful money or othej: currency than gold an'i} silver. But none of said inteirest-bearing obli-^ gations not already due shall be redeemed or paid before maturity unless at such time United States notes shall be convertible into coin at the option of the holder, or unless at such time bonds of the Upited States bearing a lower rate qf ' interest than the bends ,to be redeemed can . be sold at par in coin. And the United States also solemnly pledges its faith to make provision at the earliest pi:aclicable period for the redemp- tion of the United States notes in coin, March 12 — It passed the House — -yeas 97; ~ nays 47, (not voting 49,) as follow : Yeas — Messrs, Allison, Ambler, Ames, Armstrong, Arnell, A8per,jla;«eii, Bailey,' Banks, Beamari, Benjar min, Bennett, Bingham, Blair, Boles, Boyd, BafRnton, Burdett, Cessna, Cnurohill, Clinton L, Cobb, Cook, Con- ger, Cowles, Cullom, Dawes Jjpnley, Duval, Dyer, Farns- worth, Ffei-nss, Feir;^; FinTcelnburg, J'isher, Fitch, Gjlifillan, Hale, Hawley, Heaton, Hoto, Hooper, Hotoh- kjisB JiWickes, Alef pjider IJ. tones, Judd, Julian, Kelr Bey, Ketoham^napp, Laflin, Lash, Lawrehoe, Lyiioh, Maynard, MoOrary, MoGrew, Mercur, Jesse H. Moore, William Moore, Morrill, Negley, O'Neill, Packard, Paine, Po,lmer, ^h.elps, Ppland, Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, Schenok, Scofletd, Sheldon, John A. 8n^ith;WortliingtonO,Smith, William SnSyth, Stokes, Stongliton, Strickland, Tanner, Till- mm. Twiohell, Upson, Van Horn, 5Vard, CadwaladerC. Washburn, Williarti B. Washburn, "Welker, Wheeler, Whiltemote, Wilkinson, Willard, Williams, WI nans— 97, JJAXa-r-Mnssrs. Xrtftcr, B«,atty, BeOc, Biggs, Bird, Burr, Beniamm F. Bntler, RoderieE E.TBntler, Amaisa Cob'b, Coburn, Orebs, Deweeae, DicUnson, Eldridge, Oeti, Got- Mau, Hawktna, Holman, Hopkins, Johnson, Thomas L. Jmes, Kerr, Knqtt, Marshall, Mayham, ilcCormich, Me- Neely. Moffet, Mungen, Niblack, Orth, Reading, Reeves, Sice, Shanks, Joseph S. Smith, Stiles, Stone, Sti-ader, Smmcy, POLITICAL VOTES. 413 Taffe, Trimble, Tyner, Van Tiuvip, John T. Wilaon, Winolieiter, TTootJword— 47'. March l^T-lt passed the Senate^-yeaa 42, nays 13, as follow: Yeas— Messrs. Abbdtt, Aiitltclly, Bbi'eman, jBroi^ii- Ibw, Cameron, Cattell, ChanillBr, Cbnklina Corbatt, tirtigin, Drake, Edhiund's, FenWn, Fer^, Pessenden) ©llBe'rt, Grime^,jpa!rris,.Hbward,'Kellogg, MoDbnald) ftorrill, Nye; Patterson, Pool, Pratt, Ramsey, Epberti son, Sawyer, Sohm;4,Sc'btt, Sh'erman, St'ewarVSUmner, Thayer, Tipton, TruiWbull, Warner, Wllley,williaths, Wilaon, Yates— 42.. , . Nays — Messrs.' Sayai'd, Carpenter, Cdsserlt/, Cole, Bavis, Mortoii, Osborn, Rice, Bossj Bpeneer, StoMm, Thurman, Fi'cfcers — 13. Pending the consideration of this subject, the following proceedings took place : In House. 1869, March 12— Mr .''Schehok introduced the bill passed at 'thtfd session of Fortieth Congress, and "pocketed" by President JoHiraoiir. (See page 13-395.) Mr. AllisciD mbVed to strike out the "second section ; which was agreed to^ye'as 87, nays 56, as follow : Yeas— Messra-Ajlison, Ames, iircSer,!Bail6y, Beaman, Beatty, Beck, Biggs, Bingham, Biri. Bowen, Burr, Ben- jamin P. Bdtler, Cake, Cessna, Amasa Cobb, Cobum, CuUom, Davis, Deweese, Dickinson, Dyer, JEUriilgi, Tairhsworth, Ferries, Perry, J"itoh, Getz, Golladay, BM- i^mah. Hale, Bamill, HawUiiis,. Hay, Boag, Bolman, Hooper, Hopkins, IngersoU, Jenokos, Thomas L. Jones, Eelaey, Kerr, Knapp, ..KmoM, Lawrence, Loughridge, liyuch, MarshalL MayJiam, McCbrmicJc, McNeely, Moffet, Jesse H. Moore, Morrill, Mungai, NCbladc, O'Neill, Orth, Beading, Sawyer, Scofield, Shanks, Worthin^ton 0. Smith, Stovenspn, StiUs,.Stone, Stoughtpn, Slrader, Smann, Su^eeney, TaSe, Trimble, TyDei, Vim, Horn, ■William B: Washburn, Welker, ,We!2?, Wilkinson, willard, ■» lUiams, liiffene M. Wilson, John T. Wilson, Winans, Winchester, Wi,t(Sier, Woodviarclr—fi'l. . . , Nays — Messrs., Airmstrong.Asper, AxMl, Banks, Ben- 3attlin„Bennett, Blair, Boles, Boyd, Buffinton, Bm:dett,' Boderiok B. Butler, Churchill.Olinjon L- Cobb, Conger, Cowles, Dawes, Dockery, Donley,Finkelnburg, Fisher, Garfield, Gilfiljan, Heaton, Hoar, Johnson, Alexander H. Jones, Jtidd, Julian, Ketoham, Laflin, Lash, Logan, MdGrew, Mercur. William Moore, Packard, Paine, Pal'- ■ mer, Poland, Pom'eroy, Pressor, Boots, Sanford, Sargent, Sehenck, Sheldon, John A". Smith, Stokes, Strickland, Tanner, Twichell, Ward, Cadwalader C. Washburn, Wheeler, Whifteindi'e-^e. • The bill Was thin passed by the vote previously given. t if March 9— The following bill wSs reported from . the Committee on Finance ; A Bill to strengthen the public credit, and re- lating to contratits for "tbe payment of coin. 56 is enocW, £6c.. That in order to remove any doubt as to the purpose of the Government to disdbarge all just obligations to the public cred- itors, and to settle confficting questions and inter- pretations of tha laws by virtue-of which such obligations have been contractbd, it is hereby prdvided and declared, that'th'e faith of the United States is solemnly pledged to the payment in cain,or its equivS-lent, of all the interest- bearing oUigations of the United States, except in cases where the law authorising the issue of any such obligation hras expressly provided that ^he same mSy be paid in lawful money or other currency than gold an^ silver: Provided, however. That before a/nyofsaid iBterest-bearing obligations not already due shall. malture 'or be paid before maturity, the ■obligations not -bearing interest, known as Urfited States -notes, sball -be m-ade conyertible into cbin at'the-option'of the holdej. Seo. 2. That any contract hereafter made spe- cifically piiyable in coin, and the consideration of whiBh may be a loan of coin, or a sale of property, or the rendefiilg of labor or service of any kiud, the priceof which, as carried into the contract, may have been adjusted on the basis of the coin value thereof at the time of such sale or the ren- derfng of such service or labor, shall be legal and valid, and may be. enforced according to it's terms. March 11-^Mr. Howard mo^ved to insert the word "Written" before "contract" in the 2d ^eo tion Where'it Etat otcurs; which was 'agreed to. Mr: Sumner moved to strike out the 2d sec- tibn ; whifch v^as agreed t(}.^yeas 28, nays 15, as fdllow: YeaB— Mes'srs. Bhy'drd, Boreman, Carpenter, Casse/rfy, Conkllng, Corbett Cragin; Perry, Pessenden, Gilbert, Harris, Kellogg, McDonald, Norton, Nye, Pratt, Robert- son, Sawyer, Sohurz. Scott, Sprague, Stewart, Stockton, Su'mner, thmfman, Trumbull, Vickein, Wilson— 28. Nats— Messrs; Abbott, Anthony, Brownlow, DraKe, Grirqes, Hamlin, Morrill, MortoUjOsborn, Patterson, Ramsey', Ross, Sherman, Warn»r, Williams— 15. Mr. Thu'rman moved to add to the 1st section the following proviso; Provided, That nothing herein contained shall apply to the obligations commonly called five- twenty bon'ds. Which was.not agreed to — yeas 12, nays 31, as follow : Yeas — Messrs. Sayard, Boreman, OasserVy, M.orton, Norton, Osborri, Pratt; Ross, Sprague, Stockton, Thi/ir- man, Vickers — 12. NATTs^^Messrs. Abbott, Anthony, Brownlow, Carp^fen- ter, Conkling, Corbett, CraKin, Drake, Fenton, FerSiy^, Gilbert, Grimes, Hamlin, Harris, Kellogg, McDonald, Morrill, Nye, Patterson, Ramsey, Sawyer, Schurz, Scott, Sheinman, Stewart, Sumner, Tipton, TrambuU, Warher, Williams, Wilson— 31. Mr. Morton nioved to'' strike fi'om-seetion Uat the words, "authorizing the issue of any Such obligation ;" which was not agreed to — yeas 14, nays '32, as follow: Yeas— Messrs. Bccjmrd, firoWhlow, ftasSriy, Mbrfbn, Norton, Pomeroy, Pratt, 'Robertson, Boss, Speneer, Sprague, Stockton, Thurman, Vickers — 14. Nats— Messrs. Abbott, Anthony,- Boreman, Oarpfeu- ter, Cattell, Corbett,^Cragin, Drake, Fenton, Ferry, Pes- senden, Gilbert, Grimes, Hamlin, Howard, Howe, Mor- rill, Patterson, Ram'sey, Sawyerj Schurz, Scott, Sher- man, Stewart, Sumner, Thayer, Tipton, Warner, Willey, Williams, Wilsbnj ■Yaifea^-^2. March 15— This bill was then laid aside, and the House bill taken up and passed by the vote given above. . Amendment to the Tennre-of-Offlce Act. This bill passed 'both Houses, and became a law: An Act to amend "An act regulating the ten- ure of certain civil offices." Be it enacted hy the Senate and Souse of Rep- resentatives of the United States of America 'in Congress, a.ssimhled. That the first and second sections of an act entitled '"An act regulating the tenure of certain civil offices," passed March 2, 1867, -be,, and the 'same are hereby, repealed, and in lieii of said repealed sections the follow- ing are hereby enacted : That every person holdihg 'any civil office to which'he has been or hereafter may beappointed, by and with the advicea-nd cbnsent of the Sen- ate, and' who 'shall have 'become duly qualified to act therein, siall be entitled to hold such office 414 POLITICAL MANUAL. daring the term for w'fiich he shall have been, appoiuted, unless sooner removed by and with the advice and consent of the Senate, or by the appointment, with the like advice and consent, of a successor in his place, except as herein other- wise provided. Seo. 2. And be it further enacted, That during any recess of the Senate the President is hereby empowered, in his discretion, to suspend any civil ofiBcer appointed by. and with the advice and consent of the Senate, except judges of the United States courts, until the end of the next session of the Senate, and to designate some suit- able person, subject to he removed in his discre- tion hy the designation of another, to perform the duties of such suspended officer in the mean- time ; and such person so designated .shall take the oaths and give the bonds required by law to be taken and given by the suspended officer, and shall, during tlie timo he performs his duties, be entitled to the salary and emoluments of such office, no part of which shall belong to the officer suspended ; and it shall be the duty of the Presi- dent within thirty days after the commencement of each session of the Senate, except for any office which in his opinion ought not to be filled, to nominate persons to fill all vacancies in office which existed at the meeting of the Senate, whether temporarily filled or not, and also in the place of all officers suspended ; and if the Senate during such session shall refuse to advise and consent to an appointment in the place of any suspended officer, then, and not otherwise, the President shall nominate another person as soon as practicable to said session of the Senate for said office. Seo. 3. And be it further enacted, That section three of the act to which this is an amendment be amended by inserting after the word " resigna- tion," in line three of said section, the following : " or expiration of term of office." Approved, April 5, 1869. The final vote was as follows : In House, March 31. Ye4S— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Bailey, Banks, Beaman, Bennett, Bing- ham, Blair, Boles, Bowea, BufHnton, Burdett, Benjamin F. Butler, Roderick E. Butler, Cake, Cessna, Churchill, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, CuUom, Dawes, Dixon, Dookery, Donley, Duval, Ela, Ferriss, Finkelnbnrg, Fisher, Fitoh, Garfield, Gil- fillan. Hale, Hawley, Hay, Heaton, Hill, Hooper, Hop- kins, InjrersoU, Jenokes, Alexander H. Jones, Judd, Kelsey, Knapp, Laflin, Lash, liogau. Lynch, Maynard, MoCarthy, .MoCrary, McGrew, Merour, EUakim H. Moore, Jesse H. Moore, William ^loore, Morrell, Morrill, O'Neill, Packard, Packer, Paine, Paltrier, Peters, Phelps, Pomcroy, Prossei', Jloots, Sanford, Sargent, Sawyer, Sohenok, Soofield, Shanks, Sheldon, Jonn A. Smith, William J. Smith, William Smyth, Stevens, Stevenson, Stokes, Stoughton, Strickland, Taffe, Tanner, Tillman, TWiohell, Tyner, Upson, Van Horn, Ward, Cadwalader 0. Washburn, William B. Washburn, Welker, Wheeler, Williams, John T. Wilson, Winans, \vitoher— 108. Nats — Messrs. Ardier, Axtell, Beatty, Beck, Benton, Biggs, Z7i)'d, Boyd, Brooks, Burr, Calkin, Clarke, Otoic- Umd, Orebs, Davis, Deweese, DicUmm, Eldridge, Ferry, Getz, GoUaday, Griswold, JHaldeman, Sambkton. llamiU, Hawkins, Bbaff, Hoar, Homan, Johnson, Thomas L.Jones, Julian, Kerr, Loughridge, Marshall, Mayham, McCor- mick, McNteliy, Mofet, Morgan, Mungen, Mblack, Orth, Po- land, Potter, Bandall, leading. Bancs, Bice, Rogers, Schu- WAiker, Slocam, Worthington C. Smith, Sliles, Stone, Swann, Sweeney, Trimble, Van Auken, Voorliees, JTdb, Whitlemore, Wilkinson, Willard, Eugene M. Wilson, Wood, Woodward -67. In Sehate, March 31. Yeas— Messrs. Abbott, Anthony, Boreman, Browhjow, Buckingham, Cameron, Carpenter, ChandlerXJonkling, Corbett, Cragin, Drake, Edmunds, Feuton, Ferryj Gil- bert, Grimes, Hamlin, Harlan, Harris, Howard, Kellogg, Morrill, Nye, Osborn, Patterson, Pomeroy, Pool, PrSft, Eamsey, Rice, Sawyer, Sohnrz, Soott, Spencer, Sumner, . Tipton, Trumbull, Willey, Williams, Wilson, Yates— ^ Nats— Messrs. Bayard, Casserly, Davit, JfcCctoy, Sprague, Stockton, Thwmvan, Tickers—S. Peeli JiiKAEY Votes. The following is the action of each House in detail: In House. 1869, March 9— The bill to repeal the tenui-e- of-office act was introduced by Mr. BenjamioF. Butler, and read a first and ' second time and passed — yeas 138, nays 16, (not voting 39,) as follow : Yeas— Messrs. Adams, Allison, Ambler, Ardlier, Asp^, Axtell, Bailey, Banks, Beaman, Beck, Bennett, Biggs, Bingham, Blair, Bontwell, Bowen, Boyd, Baffinmn, Burdett, Burr, Benjamin F. Butler, Roderick R, But- ler, Pake, Cessna, Churchill, Clarke, Cleveland, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Orebs, CuUom. Davis, Dawes, Deweese, Dickey, Bickimon, Dyer, EUridge, Perry, Finokelnburg, Fisher, Fitch, Gilfillan, GoUaday, Oriswold, Baldeman, Hale, SawMl, Hawkins, Hawley, Hay, Heaton, Hill, Boag, Hoar, Ml- man, Ingersoll, Johnsrm, Alexander H. Jones, Thomas'li. Jmes, Judd, Julian, Kelley, Kelsey, Kerr, Ketoham, Knapp, Knott, Lash, Logan, Loughridge, Marshall, May- ham, McChrmick, McCrary, McGrew, McNeely, Mqffel, Elia- kim H. Moore, Jesse H, Moore, Morrill, Negley, iViBZacfc, O'Neill, Orth, Packard, Packer, Paine, Palmer, Petefs, Phelps, Pomeroy,Potter,Prosser, BandaU.MeaMvig^lS&i, Rogers, Sargent, Schumaker, Sconeld, Shanks, Bh^ld^,' , Slocum, John A. Smith, William J. Smlsh, Stevenson', StiJes, Stone, Stoughton, Strader, Strickland, Stoartn, Sweeney, JHntkle, Twichell, Tyner,tJpson, Pan Auken^St&n Horn, Van Trump, Voarhees, Cadwalader C. Washburn, William B. Washburn, Welker, Wells. Wheeler, Williams, Eugene M. Wilson, John T. Wilson, Winans, Wineheslk; Witoher. Wood, fToodtoar*— 138. Nays — Messrs. Arnell, Boles, Parnsworth, Perriss, Hotohkiss, Jenokes, Lawrence, Maynard, Schenok, Worthington C. Smith, Stokes, Taffe, Tillman, Ward, Whittemore, Willard— 16. ' In Senate. March 11 — It was referred to the Committee on the Judiciary — yeas 34, nays 25, as follow : Yeas— Messrs. Abbott, Anthony, Brownlow, Buot- ingham, i arpenter, Cattell, Chandler, Conkling, Cragin, Drake, Edmunds, Perry, Gilbert, Hamlin, Harris, How- ard, Howe, Morrill, Norton, Nye, Patterson, Pomeroy, Ramsey, Rice, Sawyer, Sonurz. Scott, Stewart. Sumner, Tipton, Trumbull, Williams, Wilson, Yates— 34. Nats — Messrs. Bayard, Boreman, Cameron, Ctisse)%, Corbett, Duvis, Fenton, Fessenden, Fowler, Grimes, 1 McOreery, !>rcDonald, Morton, Pool, Pratt, Robertson, 1 Ross, Sherman, Spencer, Sprague, Stockton, Thayer, I Thurtnan, Vich-rs, Warner — ^. March 24— Mr. Trumbull reported the bill from the Committee on the Judiciary, amended so as to strike out all after the enacting clause I and insert as follows ; I That the 1st and 2d sections of an act ens- iled "An act regulating the tenure of certain civil officers," passed March 2, 1867, be, an^ the. same are hereby, repealed, and in lieu of said repealed sections the following are hereby en- acted : That every person holding any civil office to which he has been or may hereafter be ap- pointed, by and with the advice and consent of the Senate, and who shall have become qualified' to act therein, shall be entitled to hold such office, during the term for which he shall have been appointed, unless sooner removed by and with the advice and consent of the Senate, or by thei appointment, with the like advice and consent, POLITICAL VOTKS. 415 of a successor in his place, except as herein otherwise provided. Sec. 2 And he it further enacted. That during any recess of the Senate the President is hereby empowered, in his discretion, to suspend any civil officer appointed by and with the advice and consent of the Senate, except judges of the United States courts, until the end of the next session of the Senate, and to designate some suitable person subject to be removed in his dis- cretion by the designation of another to perform the duties of such suspended officer in the mean- time ; and such person so designated shall take oaths and give oonds required by law to be taken and given by the suspended officer, and shall during the time he performs his duties be entitled to the salary and emoluments of such office, no part of which shall belong to the officer BQspended. It shall be the duty of the President , witliin thirty days after the commencement of each session of the Senate, except for any office which in his opinion ought not to be filled, to nominate persons to fill all vacancies in office which existed at the meeting of the Senate, whether temporarily filled or nut, and also in the place of all officers suspended, and if the Senate during such session shall refuse to advise and consent to an appointment in the place of any suspended officer, and shall also refuse by vote to assent to his suspension, then, and not otherwise, such officer, at the end of the session, shall be entitled to resume the possession of the office from which he was suspended, and after- wards to discharge its duties and receive its emoluments as though no such suspension had taken place. Which was agreed to — yeas 37, nays 15, as follow : . Tbas — Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Carpenter, Cattell, Chandler, Conkling, Gragin, Drake, Edmunds, Ferry, Gilbert, Hamlin, Har- lan, Harris, Howard, Kellogg, Morrill, Osborn, Pattei> son, Pratt, Ramsey, Bice, Sawyer, Schurz, Scott, ' Spencer, Stewart, Sumner, Tipton, Trumbull, Willey, Williams, Wilson, Yates— 37. Nats — Messrs. Bayard, Casserly, Davis, Fessenden, Fowler, Grimes, McCreery, McDonald, Norton, Boss, Sprague, Stockton, Thurman, Tickert, Warnei^-15. In House. March 25 — A motion to refer to the Committee on the Judiciary was agreed to — yeas 94, nays 19, not voting 23. March 26 — This vote was reconsidered, with- out a division, and the House refused to concur in the amendment of the Senate — yeas 70, nays 99, (not voting 27,) as follow : : Teas— Messrs. Ames, Armstrong, Asper, Bailey, Bea- man, Beattjt, Benton, Bingham, Boles, Burdett, Roder- ick H. Butler, Cessna, Churchill, Clinton L. Cobb, Co- burn, Cowles, Dixon, Dockery, Donley, Duval, Ela, i^iFarnsworth, Ferriss, Finkelnburg, Garfield, GilfiUan, (Hawley, Hill, Hooper, Hotchkiss, Ingerfioll, Jenokes, Kelley, Kelsey, Ketcham, Knapp, Laflm, Lash, William ' Lawrence, Lynch, Maynard, Merartfiy, McGrew, Mer- cur, Eliakim H. Moore, William Moore. Packer, Poland, Pomeroy, Pressor, Roots, Sanford, Sargent, Sawyer, Schenck, Scofield, Shanks, William J. Smith, William Smyth, Steyens, Stoughton, Stiickland, Taffe. Tillman, Tffichell, Ward, Welker, Wheeler, John T. Wilson, Winans— 70. Nats— Messrs. Allison, Ambler, Archer, Axted, Banks, Beck, Biggs, Bird, Blair, Boyd, Brooks, Buffinton, Burr, Bei^amin F. Butler, Calkin, C\Eirh.Q,Clevtland, Amasa Cobb, Cook, Conger, Crebs, CuUom, Davis, Dawes, De- weesB, Dickey, Dickinson, i>yeT,Eldridge, Ferry, Fisher, Ibx, Getz, GoUaday, Oriswold, Haight, Haldeman, Samble- ton, Hawkins, Hay, Ileatou, Soag, Hoar, Salman, Hop- kins, Johnson, Alexander H. Jones, Thomas L. Jones, Julian, Kerr, Knott, Logan, Loughridge, Marshall, May- ham, MoCrary, McNeely, Mojfet, Jesse H. Moore, Morgan, Mimgm, JViblaek, O'NeiW, Orth, Packard, Paine, Palmer, Phelps, Ban4aU, Beading, Beeves, Bice, Rogers, Schit- maker, Sheldon, Slocum, John A. Smith, Joseph S. Smith, Steyenson, Swann, Sweeney, Tanner, Townsend, Trivible, Tyner, Upson, Van Horn, Van Trump, Cadwalader C. Washburn, William B. Washburn, Wells, Whlttemore, Wilkinson, Williams, Eugene M. Wilson, Winchester, Witcher, Wood, Woodward— W. Is Senate. March 30 — Amotion to recede from its amend- ments was lost — yeas 20, nays 37, as follow : Tbas — Messrs. Bayard, Casserly, Cole, Davis, Fenton, Fessenden, Fowler, Grimes, McOreery, McDonald, Mor- ton, Pool, Robertson, Ross, ^rague, StocUan, Thayer, Thv/rman, Tickers, Warner — ^20. Nats — ^Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Cameron, Carpenter, Cattell, Conkling, Cragin, Drake, Edmunds, Ferry, Gilbert, Hamlin, Har- lan, Harris, Howard, Howe, Kellogg, Morrill, Nye, Pat- terson,- Pomeroy, Pratt, Ramsey, Eiee, Sawyer, Schurz, Scott, Spencer, Sumner, Tipton, Trumbull, Willey, Wil- liams, Wilson— 37. A committee of conference was then voted, and Messrs. Trumbull, Edmunds, and Grimes ap- pointed conferees. In House. March 80 — A motion that the House recede from its disagreement wasjost— yeas 61, nays 106. The conference was granted, and Messrs Benjamin F. Butler, Cadwalader C. Washburn, and Bingham were appointed the managers. March 31 — The committee of conference re- ported, recommending certain amendments, (to make the bill stand as it finally passed,) and the report was adopted — in the House, yeas 108, nays 67; in the Senate, yeas 42, nays 8, as printed above. On the Effect of the XTth Amendment. 1869, March 22 — Mr. Johnson moved a fus- pension of the rules so as to enable him to sub- mit this resolution : Resolved, That in passing the resolution for the fifteenth amendment to the Constitution of the United States this house never intended that Chinese or Mongolians should become voters. The motion to suspend the rules was lost — yeas 42, nays 106, not voting 48. The teas were Messrs. Archer, Axtell, Bird, Brooks, Burr, Calkin, Creht, Diekinson, Eldridge, Fitch,' Qolla- day, Haight, Saldeman, Sambleton, Hamill, Hawkins, Eolman, Johnson, Thomas L. Jones, Kerr, Knott, Mayham, McNeely, Potter, Ran- dall, Reading, Reeves, Sargent, Slocum, Joseph 8. Smith, William J. Smith, Stiles, Stone, Strader, Swann, Van Auken, Van Trump, Wells, Uugenc M. Wilson, Winchester, Wood, Woodward. :xjL.iii. PRESIDENT GRANT'S INAUGURAL ADDRESS, AND MESSAGE ON RECONSTE^CTION, AND THE OFFICIAL PE0CLA1ATI0N8 (M THE TEAR. Fresident Grant's Inan^ral AddresSt Ilarcli 4th, 1869. Citizens of the United States: four suffrages having elected me to tlie office of Fresident of the United States, I have, in conformity to the Constitution of. our country, taken the oath of office prescribed therein. I have taken this oath without mental reservation, and with the determination to do to the beist of -my ability all that it requires of me. The re- sponsibilities of the position I feel, but accept them without fear. The Office has come to "me unsought; I commence its duties unkammelled. I bring to it a conscious desire and determina- tion to fill it to the best of my ability to. the satisfaction of the'{>6ople. On all leading questions agitating the public mind I will always, express my views to Con- gress, and urge them .according to my judgment; and, when I think it advisable, will exercise the constitutional priVftege of interposing a veto to defeat measures- which I oppose. But all laws wiH be faithfully exeeuted whether they meet my approval or not. I shall on all subjects have a policy to re- commend, but none to enforce against the will of the people. Laws are to govern all alike, those ojjposed as well as those who favor them. I know no method to secure the repeal of bad or obnoxious laws so effective as their stringent execution. The country hawiftg just emerged from a great rebellion, many questionS.'will come before it for settletne-nt in'the next-four years which ipr«ce- dins Administrations have never had to deal witH. In meeting these it is desiTablei that they should be approached calmlyi without prejudice, hate or sectiona/1 pride, remembering that the greatest good to ^the. greatest number is the ob- ject to be attained. This requires security of person, property, and free religious and pwitioal apinion in every partof our common country, without regard to local prejudice. All -laws to secure these ends will receive my best efforts for theirenforeement. A great-debt has been coTitfacted in iseouring to us and our posterity the Union. The pay- ment of this, principal and: interest, as well as the return to a specie teas, as soon as it can be acdompl'iElhed'withput' material detriment to the debtor class or to the country at large, must be provided for. To proteet the national honor every dollar of government indebtedness should be paid in gold, unless otherwise expressly stip- ulated in the contract. Let it be understood that no repndiator of one farthing of our public debt will be trusted in public place, and it will go far towards strengthening a credit wbfch ought to be the best in the world, and will ulti- mately enable us to replace the debt with boiids bearing less interest than we now pay. To this should be added a faithful collection of the rev- enue, a strict accountability to the treasury for every dollar collected, and the greatest practica- ble retrenchment in expenditure iu every 'xle- partment of government. When we compare the paying capacity of ithe country ffow — with the ten States in pbv^i^y from the effects of war, but soon to emerge^ I trust, into greater prosperity than ever before^ — with its paying capacity twenty-five year? ago, and calculate what it probably will be twenty- five years hence, who can doubt the feasibility of paying every dollar then with more ease than we now pay for useless luxuries? Why, it loots as thou'gn' Providence had bestowed upon us a strong box in the precious metals locked up in the sterile mountains of the far west, and Which we are now forging the key to unlock, to. in«et the very contingency that is now upon us. Ultimately it may be necessary to insure the facilities to reach these riches, and it mayben-e- cessary also that, the general government shoidd giveits aid to secure this access. But that sho-iild only be when a dollar of obligation topayjse- cures precisely the same sort of dollar to use now, and not before. Whilst the question of specie payments is in abeyance, the prudent hnsmass man is careful about contracting debts payaljle in the distant future. The nation should fojlow the same rule. A prostrate commerce is to be rebuilt and all industries encouraged. The young men of the country, those: who from their age must be its rulers twenty-five years hence, Tiave a peculiar interest in iriaiiii- taining the national honor. A moment's reflec- tion as to what will be our commanding influence among the nations of the earth in their day, if they are only true to themselves, should inapjie them with national pride. All divisions,; geb- graphical, political, and religious, can joinjn this common sentiment. How the public debt is to be paid, or specie payments resumed,, is not so important as that a 'plan should be adojited and acquiesced in. A united determination to do is worth-: more than divided counsels upon the method of doing, Legislation upon this subject may not be neces- sary now, nor 6ven advisable, but it will be when the civil law is more fully restored in all parts of the country, and trade resumes its wonteii channels. 416 gbant's messaqe, etc. 417 It will be my endeavor to execute all laws ia good faith, to collect all revenuea assessed, and toh em properly acooun led for and econom- ically disbursed. I will, to the best of my ability, appoint to office those only who will carry out' tms design. In regard to foreign policy, I would deal with nations as equitable law requires individuals to deal with each other, and I would protect the law-abiding citizen, whether of native or foreign birtii, wherever his rights are jeopardized or the flag (^f our country floats. I would respect the rights of all nations, demanding equal respect for our own. If others depart from this rule in their dealings with us, we may be compelled to follow th^ precedent. The prober treatment of the original occu- pants of this land, the Indians, is one deserving of <;areful study. I will favor any course toward th^m which tends to their civilization and ulti^ mate citizenship. The question of suffrage is one which is likely , to agitate the public so long as a portion of the citizens of the nation are excluded from its priv- ileges in any State. It seems to me very desira- ble that this question should be settled now, and I entertain the hope and express the desire that it "may be by the ratification of the fifteenth article of amendment to the Constitution. In conclusion, I ask patient forbearance one toward another throaghont the land, and a de- teifinined effort on the part of every citizen to do his share toward cementing a happy Union, and I ask the prayers of the nation to Almighty God in behalf of this consummation. Fresident Grant's Uessage Tespecting the Be- conBtractionof Virginia and IlElssissippi, April 7, 1869. _ To the jSeraoie and House of Bepresentatives : While I ata aware that the time in which Oon- freas proposes now to remain in session is very rief, and that it is its desire, as far as is consist- ent with the public interest, to avoid entering upon the general business of legislation, there is one subject which concerns so deeply the welfare of the country that I deem it my duty to bring it before you. I have no doubt that yon will concur with me inithe opinion that it is desirable to restore the States which were engaged in the rebellion to their proper relations to Qie Government and the country at as early a period as the people of those , States shall be found willing to become peaceful and orderly communities, and to adopt and maintain such constitutions and laws as will .effecitnally secure the civil and political rights of all persons within .their borders. The au- thority; of the United 'States, which has been . vindicated and established by its military power, must.uhdoubtedly. be asserted for the- absolute protection of all its citizens in the full enjoyment ri of .th el (freedom I and secnmty which is the object of a republican government. But whenever the people of a rebellions State are ready to en- terv in ;good faith upon the accomplishment of , this.O'bj«ct, in entire conformity with the consti- I tuttoaal authority of Congress, it is certainly de- sirable that all causes 6f -irritation shoiald be removed as promptly as possible, that a more perfect union may be established, and the coun- try be restored to peace and prosperity. The convention of ihe people of Virginia which met in Richmond on Tuesday, December 3, 1867, framed a constitution for that State, which was adopted by the convention on the 17th of April, 1868, and I desire respectfully to call the atten- tion of Congress to the propriety of providing by law for the holding of an election in that State at some time during the months of May and June next, under the direction of the military commander of that district, at which the ques- tion of the adoption of that constitution shall be submitted to the citizens of the State ; and if this should seem desirable, I would recommend that a separate vote be taken ui'On such parts as may be thought expedient, and that at the same time and under the same authority there shall be an election for the officers provided under such constitution, and that the constitution, or such parts thereof as ehallkhave been adopted by the people, be submitted to Congress on the first Monday of December next for its consideration, . so that if the same is then approved the neces- sary stegs will have been taken for the restora- tion of the State of Vi^inia to its proper rela- tions to the Union, i am led to make this recommendation from the confident hope and belief that the people of that State are now ready td co-operate with the national government in bringing it again into such relations to the Union as it ought as soon as possible to establish and maintain and to give to all its people those equal rights under the law which were asserted in the Declaration of Independence in the word| of one of the most illustrious of its Sons, I desire also to ask the consideration of CaB^->, gress to the question whether there ja not jjij^'t ground for believing that the constitution franieai By a convention of the people of l^isBissippi for' that State, and once rejected,* might ifot be, again submitted to the people of that Sta,te in like man-- ner, and with the probability of' the saime resiilU' 'U. S. 6bani. Washington, D. C, April % 1869, Final Certificate of l^r.. Secretary Seward res- pecting the Batiflcation of the Fourteenth Amendment to tbe Constitution, July 28, 1S68. BY WILLIAM H, aEWABB, SEpB?!TAIir OF STATE OF TKE UNITED STATES. To all to wharrii tjh^ese presents m/iy come, greeting : Whereas by an, a,pt of Congress passed on the 20th of April, 1,818, entitled " An act to provide for the p,ubliicati|On of the laws of the United StaJ.es ^ndi for other purposes," it is declared, tha,t wh^^ever official notice shall have been receiyed a,t the department of State that any amendment \}fhich heretofore has. been and here- after may be proppped to the Constitution of the United, States has been adopted- according to the' provisions ,pf the Constitution,; it shall be thfi duty of the, said Secretary of Stafe forthwith to ca,use. the said atqendm,9nt to be published in the newspapers authar\?ed, to, promulgate the laws, *Th6:votew^ takeiiTu,n;eZ2,1868,an(l,as transmitted by Gen. Qiilleii^ nfas ak follows: For the constituttoo, 6S,23l i 'against it, 63,86a If lunber of registeia that no soldier, seaman, or marine in the army or navy of the United States shall be entitled to ' vote at any election created by this constitution. Senators shall be chosen for six years, and representatives for two. The governor forfoiii. The legislature shall not authorize any lottery, and shall prohibit the sale of lottery tickets.. It shall De the duty of the legislature to imme- diately expel from the body any member who shall receive or offer a bribe, or suffer his vote influenced by promise of preferment or rewards; and every person so offending and so expelled shall thereafter be disabled from holding any office of honor, trust, or profit in this State. The legislature shall proceed, as early as prac- ticable, to elect senators to represent this State in the Senate of the United States ; and also provide for future elections of representatives to the Congress of the United States ; and on the second Tuesday after the first assembling of the legislature after the ratification of this constitui- tion the legislature shall proceed to ratify the Xlllth and XlVth articles of amendment to the Constitution of the United States of America. The governor may at all times require in- formation in writing from all the officers of the executive department on any subject relating to the duties of their offices, and he shall have a general supervision and control over them. He shall have the power of removal of each of said officers, except the lieutenant governor, for mjsr feasance, malfeasance, or nonfeasance; bat the reasons and causes of such removal shall be com- ntunicated in writing by him to the senate at the first meeting of the legislature which occurs after such removal, for its approval or disapproval? if disapproved by the senate, it may restore thb displaced incumbent by a vote of that body. The governor has the veto power, subject to an overriding vote of two-thirds of each House. The supreme judges to be appointed by the governor, with approval of the senate, to serve for nine years. Every male citizen of the United States, of the age of twenty-one years and upwards, not laboring under the disabilities named in this constitution, without distinction of race, color, or former condition, who shall be a resident of this State at the time of the adoption of this constitution, or who shall hereafter reside in this State one year, and in the county in which he offers to vote sixty days next preceding any election, shall be entitled to vote for all officers that are now or hereafter may be elected by the people, and upon all questions submitted to the electors at any election ; provided, that no person shall be allowed to vote or hold office who is now or hereafter may be disqualified thereby by the Constitution of the United States, NEW CONSTITUTION OF TEXAS. 481 until such disqualification shall be removed by the Congress of the United States ; provided, further, that no person while kept in any asylum, or confined in prison, or who has been convicted of felony, or who is of unsound mind, shall be allowed to vote or hold office. —It shall be the duty of the legislature of the State to make suitable provisions for the support 1^ and maintenance of a system of public free schools, for the gratuitous instruction of all the 1 inhabitants of this State between the ages of siz;^nd eighteen years. "-^he legislature shall establish a uniform sysa- tern of public free schools throughout the Sta^gJ r-^The legislature at its first session {or as soon thereafter as may be possible) shall pass such laws as. will require the attendance on the pub- lic free schools of the State of all the scholastic population thereof for the period of at least k four months of each and every year ; provided, that whenever any of the scholastic inhabitants may be shown to nave received regular instruc- tion for said period of time in each and every year from any private teacher having a proper certificate of competency, this shall exempt them from the operation of the laws contem- plated by this section. ,„ As a basis for the-Sitabliahment and endow- ment of said public free .schools, all the funds, lands, and other property heretofore set apart and appropriated for the ^pport and mainte- I nance of public schools shall constitute the public 1 school fund ; and all sums of money that may come to this State hereafter from the sale of any portion of the public domain of the State of Texas shall also constitute a part of the public school fund. And the legislature shall appro- priate all the proceeds resulting from sales of public lands of this State to such public school ^ fund. And the legislature shall set apart, for the benefit of public schools, one-fourth of the annual revenue derivable from general taxation, and shall also cause to be levied and collected an annual poll-tax of one dollar on all male persons in this' State between the ages of twenty- one and sixty years for the benefit of public schools. And said fund and the income derived therefrom, and the taxes herein provided for , school purposes, shall be a perpetual fund, to be applied, as needed, exclusively for the education of' all the scholastic inhabitants of this State, and no law shall ever be made appropriating such fund for any other use or purpose whatever. The legislature shall, if necessary, in addition to the income derived from the public school fund and from the taxes for school purposes pro- vided , for in the foregoing section, provide for I the raising of such amount, by taxation, in the several school districts in the State, as will be necessary to provide the necessary school-houses in each district and insure the education of all the scholastic inhabitants of the several dis- tricts. The public lands heretofore given to counties shall be under the control of the legislature, and may be sold under such regulations as the legis- lature may prescribe, and in such case the pro- ceeds of the same shall be added to the public 'School fund. The legislature shall, at its first session, (and from time to time thereafter, as may be found necessary,) provide all needful rules and regula- tions for the purpose of carrying into effect the provisions of this article. It is made tlie imper- ative duty of the legislature to see to it that all the children in the State, within the scholastic age, are without delay provided with ample means of education. The legislature shall annu- ally appropriate for school purposes, and to be equally distributed among all the soholastiri population of the State, the interest accruing on the school fund and the income derived from taxation for school purposes, and shall, from time to time, as may be necessary, invest the principal of the school fund in the bonds of the United States Government, and in no other security. TTo every head of a family, who has not a .~ HBteestead, there shall be donated one hundred ) and sixty acres of land out of the public do- / main, upon the condition that he will select, locate, and occupy the same Ibr three years, and / pay the office fees on the same. To all single ' men twenty-one years of age there shall be donated eighty acres of land out of the public domain, upon the same terms' and conc^ions as are imposed upon the head of a family^ Members of the legislature, and aJVofficers, before they enter upon the duties of their offices, shall take the following oath or affirmation : " I (A. B.) do solemnly swear (or affirm), that I will faithfully and impartially discharge and perform all duties incumbent on me as , according to the best of my skill and ability, and that I will support the Constitution and laws of the United States and of this State. And I do further swear (or affirm), that since the acceptance of this constitution by the Congress of the United States, I, being a citizen of this State, have not fought a duel with deadly weapons, or com- mitted an assault upon any person with deadly weapons, or sent or accepted a challenge to fight a duel with deadly weapons, or acted as second in fighting a duel, or knowingly aided or as- sisted any one thus offending, either within the State or out of it; that I am not disqualified from holding office under the 14th amendment to the Constitution of the United States, (or, as the case may be, my disability to hold office under the XIV amendment to the Constitution of the United States has been removed by act of Congress;) and, further, that I am a qualified elector in this State." Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of brib- ery, perjury, forgery, or other high crimes The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting under adequate penalties all undue influence thereon from power, bribery, tumult, or other improper practice. The legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution, and shall not grant extra compen- sation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for the performance of the same ; nor grant, by appro- 432 POLITICAL MANUAL. priation or otherwise, any amount of money out of the treasury of the State, to any indi- vidual, on a claim, real or pretended, where the same shall not have been provided foi: by pre- existing law. General laws, regulating the adoption of chil- dren, emancipation of minors, and the granting of divorces, shall be made ; but no special law shall be enacted relating to particular or indi- vidual cafes. — 'JS^^ rights of married women to their separate property, real and personal, and the. increase of the same, shall be protected by lawj.t'and mar- ried women, infants, arid insane persons, shall not be barred of their rights of property by ad- verse possession or law of limitation of less than seven years from and after the removal of each and all of their respective legal disabilities. „XiXt6 legislature snail have power, and it shall be their duty, to protect by law from forced sale a certain portion of the property of all heads of families?? The homestead of a family, not to ex- ceed two^hundred acres oflanij, (not included in a city, town, or village,) or' any city, town, or village lot or lots; not to exceed five thousand dollars in value at the time of their designatiou as a homestead, and' without, reference to the value of any iinprovements thereon, shall not.be subject to forced sales for debts, except they be for the purchase thereof, for the taxes assessed thereon, or for labor and materials expended thereon ; nor shall the owner, if a married man, be at liberty to alienate the sariie unless by the consent of the wife, and in sujch manner as may be prescribed by law. All persons who at any time heretofore lived together as husband arid wife,-arid both of whom, by the law of bondage,' were precluded from the rites of matrimony, and continued to live to- gether until the death of one of th'e parties, shall be considered as having been legally iriarried, and the issue of such cohabitation shall be deemed legitimate , and all such person's as may be now living together in such relation, shall be consid- ered as ha,virig been legally married, and the children heretofore or hereafter born of such co- habitations shall be deemed legitimate. No minister ,of the Gospel, or priest of any de- nomination whatever, who accepts a sfeat in the legislature as representative, shall, after sqch ac- ceptance, be allowed to claim exemption from military service, road duty, or, serving on juries, by reason of his said professipri. The ordinance of the convention passed on the first day of February, A. t). 1861, commonly known as the ordinance of, secession, was in con- travention of the Constitution' and laws of the United States, and therefore null arid void frorii'' the beginning;' arid all laws and parts of laws founded upon said ordinance were also riiill and void from the date of their passage. The legis- latures which sat in the State of Texas frorii the 18th day pf March, A. D. 1361, until the 6th da,y of August, A. D. 18^6, had no constitutiprial au- thority to make laws binding upon the people of the State of Texas: /Voficfea, Tl^ai'this section shall not be construed to inhibit the authorities of this State from re-pecting and enforcing such rules and regulations as were prescribed by the said legislatures which were not in violation of the Constitution and laws of the United States, or in aid of the rebellion against the United States, or prejudicial to citizens of this State who were loyal to the United States, and which have been actually in force or observed in Texas du- ring the above period of time, nor to affect pre- judicially private rights which may have grown up under sflch rules and regrilations, nor to in- validate oEoial acts not in aid of the rebellion against th» United States during said period of tiriie. The legislature which assembled in the city of Austin on the 6th day of August, A. D, 1866, was ^provisional only, and its acts are to be respected orily so far as they were not in vio- lation of the Constitution and laws of the United States, or were not intended to reward those who participated in the' rebellion or discriminate' be-, tweeri citizens on account of race or color, or to operate prejudicially to any class of citizens. " All debts created by the so-called State of Texas from and after the 28th day of January, A.' D. 1861, and prior to the 5th day of August, 1865, were aid are null and void, and the legis- lature is prohibited from making any provision for'thfe acknowledgment or payment of such debts. All unpaid balances, whether of salary, per diem, or monthly allowance' due to employees of the State, who were in the service thereof on the said 28th day of January, 1861, civil or mil'-' itary, and, who gave their aid, countenance, or support to the rebellion then inaugurated against the Goverumentof the United States, or turned their arms against the said Government, thereby forfeited the sums severally due to them. All the ten per cent, warrants issued for military services, arid exchanged during the rebellion at the treasury for ' ridu-interest warrants, are hereby declared to have been fully paid and dis- charged: Provided, That any loyal person, orhia or her ^beirs or legal representatives, may, by proper legal proceedings, to be commenced within two years after the accej)tance of this constitu- tipn by the .Congress of the United States, show proof in avoidance of any contract made, or re- vise or annul any decree or judgment rendewd since the said 28th day of January, 1861,' when, through fraud practiced or threats of violence used towards such perBoris; no adequate consid- eration for' the contract has been received'; or when, through absence from the State of such person,' oi- through political prejudice againSit such person, the ae<;iSioa complained of was not fair or impartial. ' ' " "--All the qualified voters of each county shall also be qualified jurors of such county. ' Four congvessional districts are established, to continue till otherwise provided by law. ^ The election on the adoption of the constitu- tion to be held on the first Monday in July, 1869, at the places and under the regulations to be prescribed by the ooriimanding general of the military district. — , XLV. JUDICIAL DECISIONS, AND THE OPINION OF THE ATTORNEY fiENERAL OF THE UNITED STATES ON THE JURISDICTION OF MILITARY COMMISSIONS. 81TPBE1IIE COUBT OP THE UNITED STATES. On the Right of a State to Tax FasaengeTS Pass- ing through it. No. 85, Deobmbee Term, 1867. V^iUiam H. Crandall.pl'ffln error,") In error to the sa- ,,. I pretne court of "'• f the State of. Ne- The State of Nerada. J vada. Mr. Justice Miller delivered the opinion of the court. The question for the first time presented to tl)e court by this record is one of importance. TljB proposition to be considered is the right of a Slate to levy a lax upon persons residing in the State who may wish to get out of it, and upon parsons not residing in it who may have occa- sion to pass through it. It is to be regretted that such a question should be submitted to our consideration with neither brief nor argument on the part of plain- tiff in error. But our regret is diminished by the reflection, that the principles which must govern its determination haveoeeu the subject of ..much consideration in cases heretofore de- cided by this court. . The plaintiff in error, who was the agent of a stage company engaged in carrying passen- gers through the State of Nevada, was arrested for refusing to report the number of passengers that had been carried by the coaches of his com- wnj, and for refusing to pay the tax of one dpliar imposed on each passenger by the law of ^at State. He pleaded in good form that the law of the State under which he wa? prosecuted was void, because it was in conflict with the Constitution of the United States ; and his plea being overruled, the case came into the supreme court of the State, where it was decided against the claim thus set up under the Federal Con- stitution. The provisions of the statute charged to be in yiolation of the Constitution are to oe found in sgcitieiis 90 and 91 of the revenue act of 1865, P4ge 271 of the statutes of Nevada for that yigar. Section 90 enacts, that " there shall be levied and collected a capitation tax of one dollar upon every person leaving the State by any railroad, stage-coach, or other vehicle en- gaged or employed in the business of transport- ingpassengers for hire;" and that the proprie- tors, owners, and corporations so engaged shall pay said tax of one dollar for each and every person so conveyed or transported from the State. Section 91, for the purpose of cplleclins the tax, requires from persons engaged in such business, or their agents, a report every month, under oath, of the number of passengers so, 28 transported, and the payment of the tax to the sberin or other proper officer. It is claimed oycounsel for the State that the tax thus levied is not a tax upon the passenger, but upon the basiness of the carrier who trans- ports nim. If the act were much more skillfully drawn to sustain this hypothesis than it is, we should be very reluctant to admit that any form of words which had the effect to com jel every person trav- eling through the country by the common and usual modes of public conveyance to pay a spe- cific sum to the Siate was not a tax upon the right thus exercised. The statute before us is not, however, embarrassed by any nice difficul- ties of this character. The language which we have just quoted is, that there shall be levied and collected a capitation tax upon every person leaving the State by any railroad or stage-coach, and the remaining provisions of the act, which refer to this tax, only provide a mode of collect- ing it. The officers and agents of the railroad companies and the proprietors of the stage- coacnes are made responsible for this, and so become the collectors of the tax. , We shall have occasion to refer hereafter some- what in detail to the opinions of the judges of this court in the Passenger Oases, 7 Howard, in which there were wide differences on several points involved in the case before ue. In the case from New York then under consideration the statute provided that the health commissioner should be entitled to -demand and receive from the master of every vessel that should arrive in the port of New York from a foreign port $1 50 for every cabin passenger and f 1 for each steer- age passenger; and from each coasting vessel twenty-five cents for every person on board. That statute does not use language so strong as the Nevada statute, indicative of a personal tax on the passenger, but merely taxes the master of the vessel according to the number of his passengers; bat the court held it to be a tax upon the passenger, and that the master was the agent of the State for its collection. Chief Jus- tice Taney, while he differed from the majority of the court, and held the law to be valid, said of the tax levied by the analogous statute of Massachusetts, that " its payment is the condi- tion upon which the State permits the alien pas- senger to come on shore and mingle with its citizens and to reside among them. It ia da- mandedof'the captain, and not from every sepr arate passenger, .for convenience of colleotioni. But the burden evidently falls upon the passen- ger, and he in fact pays it, either in the enhanced price of his passage or directly to the- captain before he is allowed to eiaija.tk Ear the yoyaga. 51 434 POLITICAL MANnAL. The nature of the transaction and the ordinary- course of business show that this must be so." Having determined that the statute of Nevada imposes a tax upon the passenger for the privi- lege of leaving the State, or passing through it by the ordinary mode of passenger travel, we proceed to inquire if it is for that reason in con- flict with the Constitution of the United States. In the argument of the counsel for the de- fendant in error, and in the opinion of the su- preme court of Nevada, which is found in the record, it is assumed that this question must be decided by an exclusive reference to two pro- visions of the Constitution, namely : that which forbids any State, without the consent of Con- gress, to lay any imposts or duties on imports or exports, and that wh.ich confers on Congress the power to regulate commerce with foreign nations and among the several States. The question as thus narrowed is not free from difficulties. Can a citizen of the United States traveling from one part of the Union to another be called an export? It was insisted in the Passenger Cases, to which we have already referred, that foreigners coming to this country were ipiports within the meaning of the Con- stitution, and the provision of that instrument that the migration or importation of such per- sons as any of the States then existing should think proper to admit should not be prohibited prior to the year 1808, but that a tax might be imposed on such importation was relied on as showing that the word import applied to per- sons as well as to merchandize. It was answered that this latter clause had exclusive reference to slaves, who were property as well as persons, and therefore proved nothing. While some of the judges who concurred in holding those laws to be unconstitutional gave as one of their reasons that they were taxes on imports, it is evident that this view did not receive the assent of a majority of the court. The application of this provision of the Constitution to the propo- sition which we have stated in regard to the citizen is still less satisfactory than it would be to the case of foreigners migrating to the United But it is unnecessary to consider this point further in the view which we have taken of the case. As regards the commerce clause of the Con- BtitutioB, two propositions are advanced on be- half of the defendant in error : 1. That the tax imposed by the State on passengers is not a reg- ulatienof commerce 2. That if it can be so coit- sidered it is one of those powers which the States can exercise until Congress has so legis- lated as to indicate its intention to exclude State legislation on the same subject. The proposition that the power to regulate commerce, as granted to Congress by the insti- tution, necessarily excludes the exercise by the States of any .of the power thus granted, is one which has been .inuoh considered in this court, and the earlier discussions left the question in much doubt. As late as the January term,' 1849, the opinions of the judges in the Passenger Cases show that the question was considered to be one of much importance in .ttiose cases, and was even then unsettled, though jprevious decisions of the court were relied on by the judges themselves as deciding it in different ways. It was certainly, so far as those cases affected it, left an open question. In the case of Cooley vs. Board of Wardens, 12 Howard, 299, four years later, the same ques- tion came directly before the court in reference to the local laws of the port of Philadelphia concerning pilots. It was claimed that they constituted a regulation of commerce, and were therefore void. The court held that they did come within the meaning of the term " to rege- late commerce," but that until Congress maae regulations concerning pilots the States were competent to do so. Perhaps no more satisfactory solution has ever been given of this vexed question than the one furnished by the court in that case. After show- ing that there are some powers granted to Con- gress which are exclusive of similar powers in the States, because they are declared to be so, and that other powers are necessarily so from their very nature, the court proceeds to say, th^t the authority to regulate commerce with foreigb nations and among the States includes within its compass powers which can only be exercised by Congress, as well as powers which, from their nature, can best be exercised by the Slate legis- latures, to which latter class the regulation of pilots belongs. "Whatever subjects of this power are in their nature national, or admit of one uniform system or plan of regulation, may justly be said to be of such a nature as to require exclusive legislation by Congress." In the case of Gillman vs. Philadelphia, 3 Wallace, 713, this doctrine is reaffirmed, and under it a bridge across a stream navigable from the ocean, authorized by State law, was held to, be well authorized in the absence of any legislation by Congress affecting the matter. It may be that under the power to regulate commerce among the States, Congress has au- thority to pass laws, the operation of which would be inconsistent with the tax imposed by the State of Nevada, but we know of no such statute now in existence. Inasmuch, therefore, as the tax does not itself institute any regulation of com- merce of a national character, or which has a uniform operation over the whole country, itj is not easy to maintain, in view of the principles on which those cases were decided, that it violates the clause of the Federal Constitution which we have had under review. But we do not concede that the question be- fore ns is to be determined by the two clauses of the Constitution which we have been examining. Thepeople of these United States constitute one nation. They have a Government in which all of them are deeply interested. This Government has necessarily a capital established by law, where its principal operations are conducted. Here sits its legislature, composed of senators and representatives from the States and from the people of the States. Here resides the Presi- dent, directing through thousands of agents th» execution of the laws over all this vast country. Here is the seat of the supreme judicial power of the nation, to which all its citizens have a right to resort to claim justice at its hands. Here are the great executive departments, administering JUDICIAL DECISIONS, ETC. 435 the ofSces of tlie mails, of the public lands, of the collection and distribution. of the public revenues, and of our foreigu relations. These are all eatab- lislied and conducted under the admitted powers of the Federal Government. That Government has a right to call to this point any or all of its citizens to aid in its service, as members of the Congress, of the courts, of the executive depart- ments, and to fill all its other offices; and this riglit cannot be made to depend upon the plea sure of a State,' over whose territory they must pass to reach the point where these services must pe rendered. The Government also has its offices "of secondary importance in all other parts of the ^country. On the seacoasta and on the rivers it has its ports of entry. In the interior it has its land offices, its revenue offices, and its sub-treas- uries. In all these it demarids the services of its .citizens, and is entitled to bring them to those "ppints from all quarters of the nation, and no power can exist in a State to obstruct this right that would not enable it to defeat the purposes 'for which the Government was established. The federal power has a right to declare and prosecute wars, and, as a necessary incident, to 'raise and transport troops through and over the territory of any State of the Union. If this right is dependent in any sense, how- ever limited, upon the pleasure of a State, the Government itself may be overthrown by an ob- struction to its exercise. Much the largest part of the transportation of troops daring the late rebellion was by railroads, and largely through .States whose people were hostile to the Union. If the tax levied by Nevada on railroad passen- gers had been the law of Tennessee, enlarged to meet the wishes of her people, the treasury of [ the United States could not have paid the tax necessary to enable its armies to pass through her .territory. ■ But if the Government has these rights on her own account, the citizen also has correlative rights. He has the right to come to the seat of ;Cr<>yernment to assert any claim he may have ^Bpon that (Jovernment, or to transact any busi- ness he may have with it; to seek its protec- tion, to share its offices, to engage in adminis- tering its functions. He has a right to free access to its sea-ports, through which all the operations of foreign trade and commerce are conducted, to the sub-treasuries, the land offices, the revenue offices, and the courts of justice in the several States, and this right is in its nature independent of the will of any State over whose Boil he must pass in the exercise of it. / The views here advanced are neither novel aor unsupported by authority. The question of the taxing power of the States, as its exercise has .affected the functions of the Federal Government, pas been repeatedly considered by this court, and ^jhe. right of ths States in this mode to impede or embarrass the constitutional operations of that Government, or the rights which its citizens hold under it, has been uniformly denied. The leading case of this class is that of McCul- , loch vs. Maryland, (4."Wheaton, 316.) The case . is one every way important, and is familiar to .the statesman and the constitutional lawyer. The Congress, for the purpose of aiding the fiscal operations of the Government, had chartered *he Bank of the United States, with authority to es- tablish branches in the different States, and to issue notes for circulation. The legislature of Maryland had levied a tax upon these circulat- ing notes, which the bank refused to pay, on the ground that the statute was void by reason of its antagonism to the Federal Constitution. No particular provision of the Constitution was pointed to as prohibiting the taxation by the State. Indeed, the authority of Congress to create the bank, which was strenuously denied, and the discussion of which constituted an im- portant element in the opinion of the court, was not based by that opinion on any express grant of power, bat was claimed to be necessary and proper to enable the Government to carry out its authority to raise a revenue, and to transfer and disburse the same. It was argued also that the tax on the circulation operated very remotely, if at all, on the only functions of the bank in which the Government was interested. But the court, by a unanimous judgment held the law of Ma- ryland to be unconstitutional. It is not possible to condense the conclusive argument of Chief Justice Marshall in that case, and it is too familiar to jtfstify its reproduction here ; but an extract or two, in which the re- sults of his reasoning are stated, will serve to show its applicability to the case before us. " That the power of taxing the bank by the States," he says, " may be exercised so as to destroy it is too obvious to be denied. But tax- ation is said to be an absolute power, which ac- knowledges no other limits than those prescribed by the Constitution, and, like sovereign power of any description, is trusted to the 'discretion of those who use it. But the very terms of this argument admit that the sovereignty of the State in the article of taxation is subordinate to and may be controlled by the Constitution of the United States." Again he says ; "'We find then on just theory a total failure of the origi- nal right to tax the means employed by the Government of the Union for the execution of its powers. The right never existed, and the question of its surrender cannot arise. * * " That the power to tax involves the power to destroy: that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control tlie constitutional measures of another, which other, with respect to those very means, is declared to be supreme over that which exerts the con- trol are propositions not to be denied. If the States may tax one instrument- employed by the Government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax ju- dicial process ; they may tax all the means em- ployed by the Government to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their Government de- pendent on the States." It will be observed that it was not the extent of the tax in that case which was complained of,- but the right to levy.any tax of that char- 436 POLITICAL MANUAL. acter. So, in the case before us, it may be said that a tax of one dollar for passing through t;he State of Nevada, by stage coaoh or by railroad, cannot sensibly affect any function of the Gov- ernment, or deprive a citizen of any valuable right. But if the State can tax a railroad passen- ger one dollar, it can tax him one thousand dollars. If one State can do this, so can every other State. And thus one or more States, covering the only practicable routes of travel from the east to the west, or from the north to the south, may to- tally prevent or seriously burden all transpor- tation of passengers from one part of the country to the other. A case of another character, in which the tax- ing power, as exercised by a State, was held void, because repugnant to the Federal Constitution, is that of Brown vs. The State of "Maryland, (12 Wheaton, 412.) The State of Maryland required all importers of foreign merchandize who sold the same by wholesale, by bale or by package, to take out a license, and this act was claimed to be unconsti- tutional. The court held it to be so on three different grounds : first, that it was » duty on imports ; second, that it was a regulation of com- merce ; and, thi{d, that the importer who had paid the duties imposed by the United States had acquired a right to sell his goods in the same original packages in which they were imported. To say nothing of the first and second grounds, we have in the third a tax of a State declared to be void because it interfered with the exercise of a right derived by the importer from the laws of theUnited States. If the right of passing through a State by a citizen of the United States is one guarantied to him by the Constitution, it must be as sacred from State taxation as the right de- rived by the importer from the payment of duties to sell the goods on which the duties were paid. In the case of Weston vs The City of Charles- ton, (2 Peters, 447,) we have a case of State tax- ation of still another class, held to be void as an interference with the rights of the Federal Gov- ernment. The tax in that instance was imposed on bonds or stocks of the United States, in com- mon with all otheraecurities of thesamecbaracter. It was held by the court that the free and suc- cessful operation of the Government required it at times to borrow money ; that to borrow money it was necessary to issue this class of national securities, and that if the States could tax these securities, they might so tax them as to seriously impair or totally destroy the power of the Gov- ernment to borrow. This case, itself based on the doctrines advanced by the court in McCul- loch vs. The State of Maryland, has been followed in all the recent oases involving State taxation of Government bonds, from that of The People of New York vs. Tax Commissioners, (2 Black, 620,) to the decisions of the court at this term. In all these cases the opponents of the taxes levied by the States were able to . place their opposition on no express provision of the Con- stitution, except in that of Brown vs. Maryland, But in all the other cases, and in that case also, the court distinctly placed the invalidity of the State taxes on the ground that they interfered with an authority of the Federal Government, which was itself only to be sustained as neces- sary and proper to the exercise of some other power expressly granted. In the Passenger Cases, to which reference has already been made, Justice Grier, with whom Justice Catron concurred, makes this one of the four propositions on which they held the tax void in those cases. Judge Wayne expresses his assent to Judge Grier's views ; and perhaps this ground received the concurrence of more of the members pf the court who constituted the majority than any other. But the principles here laid down may be found more clearly stated in the dissenting opin- ion of the Chief Justice in those cases, and with more direct pertinency to the case now before us, than anywhere else. After expressing his views fully in favor of the validity of the tax, w,hich he said had ex- clusive reference to foreigners, so far as those cases were concerned, he proceeds to say, for the purpose of preventing misapprehension, that so far as the tax affected American citizens it could not in his opinion be maintained. He then adds: "Living as we do under a common gov- ernment, charged with the greatxconcerns of the whole Union, every citizen of the United States, from the most remote States or Territories, is entitled to free access, not only to the principal departments established at Washington, but also to its judicial tribunals and public ofiBces in every State in the Union. * * * For all the great purposes for which the Federal Gov- ernment was formed we are one people, with one common country. We are all citizens of the United Statei, and as members of the same com- munity must have the right to pass and repass through every part of it without interruption as freely as in our own States. And a tax im- posed by a State for entering its territories or harbors is inconsistent with the rights which belong to citizens of other States as members of the Union, and with the objects which that Union was intended to attain. Such a power in the States could produce nothing but discord and mutual irritation, and they vei^ clearly do not possess it." Although these remarks are found in a dissent- ing opinion, they do not relate to the matter on which the dissent was founded. They accord with the inferences which we have already drawn from the Constitution itself, and from the decis- ions of this court in exposition of that instru- ment Those principles, as we have already stated them in this opinion, must govern the present case. The judgment of the Supreme Court of the State of Nevada is therefore reversed, and the case remanded to that court, with directions to discharge the plaintiff in error frpm custody. Mr. Justice Clifford: I agree that the State law in question is unconstitutional and void, but I am not able to concur in the principal reasons assigned in the opinion of the court in support of that conclusion. On the contrary, I hold that the act of the State legislature is inconsistent with the power conferred upon Congress to regulate commerce among the several States, and I think the judg- JUDICIAL DECISIONS, ETC. 437 In error to the court of appeals of tlie State of N.York. ment of the court should have been placed exclu- sively upon thai ground. Strong doubts are entertained by me whether Congress possesses the power to levy any such tax ; but whether so or not, I am clear that the State legislature cannot impose any such burden upon commerce among the several States. Such commerce is secured against such legislation in the States by the Constitution, irrespective of any consresajonal action. The Chief Justice also dissents, and concurs in the views I have expressed. On State Taxation of TTuited States Certificates of Indebtedness. Decembee Tebm, 1868. The People of the State of New York, ex rfl. ' The Bank of New York National Banking Assodiatiion, plaintiffs in error, No. 246. ■ vs. Bichard B. Connolly, comptroller, and John T. Hoffman, mayor, &o., et al. The People of the State of New York, ex rel. The National Broadway Bank, plaintiffs in error, No..24a. vs. John T. Hofflman, mayor, and Bichard T. Connolly, oomptroller, etc., and The People of the State of New York, «» riH. The National Bank of the Eepubllb of the city of New York, plaiutifiFs in error, No. 252. vs. ' ' John T. Hofftnan, mayor, Bichard B. Con- nolly, comptroller of the city of New York, el aL. Mr. Chief Justice Chase delivered the opinion of the court in these causes. These three cases present, under somewhat dif- ferent forms, the same question, namely: Are the obligations of the United States, known as certifi- cates of indebtedness, liable to be taxed by State legislation ? These three eases were argued and will be con- sidered together. In 1863 and in 1864 the proper officers of the State, acting under the laws of New York, assess- ed certain taxes upon the capital stock of the several banking associations in that State. Some of these banking associations resisted the collec- tion of the tax on the ground that, though nomi- nally imposed upon their respective capitals, it was in fact imposed upon the bonds and obliga- tions of the United States, in which a large pro- portion of these capitals was invested, and which, under the Constitution and laws of the United States, were exempt from State taxation. This question was brought before the court of appeals, which sustained the assessments, and disallowed the claim of the banking associations. From this decision an appeal was taken to this court, upon the hearing of which, at the December term, 1864, it was adjudged that the taxes imposed upon the capitals of the associa- tions were a tax upon the national bonds and obligations in which they were invested, and, therefore, so far, contrary to the Constitution of the United States.* A mandate in conformity with this decision ^as sent to the court of appeals of New York, which court thereupon reversed its judgment, and entered a judgment agreeably to the man- date. ' '*2 Wall., 210. '' Afterwards, on the 30th of April, 1866, the legislature of New York provided by law for refunding to the banking associations and other corporations in like condition the taxes of 1863 and 1864 collected upon that part of their capi- tals invested in securities of the United States exempt by law from taxation. The board of supervisors of the county of New York was charged with the duty of auditing and allowing, with the approval of the mayor of the city and the corporation counsel, the amount collected from each corporation for taxes on the exempt portion of its capital, together with costs, dam- ages, and interest. Upon such auditing and al- lowance the sums awarded were to be paid to the corporations severally entitled by the issue to each of New York county seven per cent, bonds of equal amounts. These bonds were to be signed by the comptroller of the city of New York, countersigned by the mayor, and sealed with the seal of the board of supervisors, and attested by the clerk of tl^e board. Under this act the board of supervisors audited and allowed to the several institutions repre- sented in the three cases under consideration their several claims for taxes collected upon the national securities held by them, including in this allowance the taxes paid on certificates of indebtedness, which the corporations claimed to be securities of the United States exempt from taxation. But the comptroller, mayor, and clerk refused to sign, countersign, seal, and attest the requisite amount of bonds for payment, insisting that cer- tificates' of indebtedness were not exempt from taxation. A writ of mandamus was thereupon sued out of the supreme court of New York for the pur- pose of compelling these officials to perform tneir alleged duties in this re-'pect. An answer was filed, and the court, by its judgment, sustained the refusal. An appeal was taken to the court of appeals of New York, by which the judgment of the supreme court was affirmed. Writs of error, under the 25th section of the judiciary act, bring these judgments here for revision. The first question to be considered is one of jurisdiction. It is insisted in behalf of the de- fendants in error that the judgment of the New York court of appeals is not subject to review in this court. But is it not plain that, under the act of the legislature of New York, the banking associa- tions were entitled to reimbursement by bonds of the taxes illegally collected from them in 1863 and 1864? No objection was made in the State court to the process by which the associations sought to enforce the issue of the bonds to which they as- serted their right. Mandamus to the officers charged with the execution of the State law seems to have been regarded on all hands as the appropriate remedy. But it was objected on the part of thoseofficers that the particular description of obligations, of the tax on which the associations claimed reim- bursement, were not exempt from taxation. The associations, on the other .hand, insisted that these obligations were exempt under the Consti- tution ana laws of the United States. If they. 438 POLITICAL MANUAL. were so exempt, the associations were, entitled to the relief which they sought. Thei judgment of the court of appeals denied the relief, upon the ground that certificates of indebtedness were not entitled to exemption. Is it not clear that in the case hefore the State court a right, privilege, or immunity was claimed under the Constitution or a statute of the United States, and that the decision was against the right, privilege, or im- munity claimed, and, therefore, that, the juris- diction of this court to review that decision is within the express words of the amendatory act of February 5, 1867 ? There can be but one answer to this q\iestion. We can find no ground for doubt on the point of jurisdiction. The general question upon the merits is this : Were the obligations of the United States known as certificates of indebtedness liable to State tax- ation 1 If this question can be affirmatively answered, the judgments of the court of appeals must be affirmed ; if not, they must be reversed. Evidences of the indebtedness of the United States, held by individuals or corporations, and sometimes called stock or stocks, but recently better known as bonds or obligations, have uni- formly been held by this court not to be liable to taxation under State legislation. The authority to borrow money on the credit of the United States is, in the enumeration of the powers expressly granted by the Constitution, second in place, and only second in importance, to the authority to lay and collect taxes. Both are given as means to the exercise of the func- tions of Government under the Constitution, and both, if neither had been expressly conferred, would be necessarily implied from other powers ; for no one will assert that without them the great powers — mentioning no others — to raise and support armies, to provide and maintain a navy, and to carry on war, could be exercised at all, or, if at all, with adequate efficiency. And no one affirms that the power of the Gov- ernment to borrow, or the action of the Govern- ment in borrowing, in subject to taxation by the States. There are those, however, who assert that, although the States cannot tax the exercise of the powers of the Government, as for example in the conveyance of the mails, the transportation of troops, or the borrowing of money, they may tax the indebtedness of the Government when it assumes the form of obligations held by individ- uals, and BO becomes in a certain sense private property. This court, however, has constantly held other- wise. Forty years ago, in the case of Weston vs. The , City of Charleston, this court, speaking through Chief Justice Marshall, said :* "The American people have conferred the power of borrowing money upon their Govern- ment, and by making that Government supreme have shielded its action in the exercise of that power from the action of the local governments. The grant of the power is incompatible with a restraining or controlling power, and the declar- ation of supremacy is a declaration that no such restraining or controlling pewer shall be exer- cised." And, applying these principles, the court pro- ceeded to say : "The right to tax the contract to any extent, when made, must operate on the power to borrow before it is exercised and have a sensible influ- ence on the contract. The extent of this influ- ence depends on the will of a distinct government. To any extent, however inconsiderable, it is a burden upon the operations of the Government. It may be carried to an extent which shall arrest them entirely." And finally: '•■ " A tax on Government stock is thought by this court to be a tax on the contract, a tax on the power to borrow money on the credit of the United States, and consequently repugnant to the Constitution." ' Nothing need be added to this, except that in no case decided since have these propoeitiohs been retracted or qualified. The last cases I in which the power of the States to tax the obligai- tions of the Government came directly in qtles- tion were those of the Bank of Commerce vs. The City of New York, in 1862,* and the Bank Tax Case,-f- in 1865, in both of which the power was denied. An attempt was made at the bar to establish a distinction between the bonds of the Govern- ment expressed for loans of money and the cer- tificates of indebtedness for which the exemption was claimed. The argument was ingenious, but failed to convince us that such a distinction can be maintained. It may be admitted that these certificates were issued in payment of supplies and in satisfaction of demands of public credit- ors. But we fail to perceive either that there is a solid distinction between certificates of indebt- edness issued for money borrowed and given to creditors and certificates of indebtedness issued directly to creditors in payment of theirdemandS; or that such certificates, issued as a means of exe- cuting constitutional powers of the Government, other than of borrowing money, are not as much beyond control and limitation by the States through taxation as bonds or other objigations issued for loans of money. The principle of exemption is, that the States cannot control the national Government within the sphere of its constitutional power , for there it is supreme ; and cannot tax its obligations for payment of money issued for purposes within that range of powers, because such taxation ne- cessarily implies the assertion of the right to exercise such control. The certificates of indebtedness in the case be- fore us are completely within the protection ti this principle. For the public history of the country and the acts of Congress show that they were issued to creditors for supplies necessary to the Government in carrying on the recent war for the integrity of the Union and the preserva- tion of our republican institutions. Tney were received instead of money at a time when full money payment for supplies was impossiblCi and, according to the principles of the oases to which we have referred, are as much beyond the taxing *2 Peters, tffl. •2 Black., 628. 1 2 Wall., 200. 439 power of the States as the operations themselves in furtherance of which they were issued. It results that the several judgments of the court of appeals must be reversed. On State lazatiou of United States NoteB. No. 247.— Deoembeb Term, 1868. The People of the State of New York,! ,„ „,,.„, .„ +.,„ ex rel. file Bank of New York, plain- „"S^^ 1^ Uffs in error, ^ """r' °} W" ' ^, • peals of the The Board of Supervisors of the Ooun- S**',® "' ^^^ tyofl^ewYork. J '"'''• Mr. Chief JuBtioe Chase delivered the opiniSn of the court. This case differs from those just disposed of in two particulars: (1) That the boarcf of super- visors, which in the other cases allowed and audited the claims of the banking associations, refused to allow the claim made in this case; and (2) that the exemption from State taxation claimed in this case was of United States notes, while in the other cases it was of certificates of indebtedness. The mandamus in the State- court was there- fore directed, in the case now before us, to the board of supervisors, instead of the officers au- thorized to issue bonds, as in the cases already decided. The judgment of the court of appeals sustained the action of the board, and the case is brought here by writ of error to that court. The general question requiring consideration is, whether United States notes come under another rule in respect of taxation than that which applies to certificates of indebtedness. The issues of United States notes were author- ized by three successive acts. The first was the act of February 25, 1862;* the second th« act of July 11, 1862;+ and the third that of March 3, 1863.1 Before either of these acts received the sanc- tion of Congress the Secretary of the Treasury bad been authorized by the act of July 17, 1861, J to issue treasury notes not bearing interest, but payable on demand by the assistant treasurers at New York, Philadelphia, or Boston; and about three weeks later these notes, by the act of August 5, 1861, II had been made receivable generally for public dues. The amount of notes to be issued of this description was originally limited to fifty millions, but was afterwards, by the act of February 12, 1862,f increased to sixty i millions. These notes, made payable on demand and receivable for all public dues, including duties on imports always payable in coin, were prac- .tically equivalent to coin ; and all public dis- bursements, until after the date of the act last mentioned, were made in coin or these notes. V In December, 1861, the State banks (and no ■. others then existed) suspended payment in coin ; and it became necessary to provide by law for -the use of State bank notes, or to authorize the issue of notes for circulation under the authority of the national Government. The latter alter- native was preferred, and in the necessity thus recognized originated the legislation providing ''*12iT. S.Stat., 345. +12U.S.Stat.,,fl32. 1:12 U.S. Stat., TO9. mU.S.Stat.,a59, ?6. 112 U.S. Stat., 313, 56. IT 12 U.S. Stat., 338. at first for the emission of United States notes, and at a later period for the issue of the national bank currency. Under the exigencies of the times it seems to have been thought inexpedient to attempt any provision for the redemption of the United States notes in coin. The law, therefore, directed that they should be made payable to bearer at the treasury of the United States, but did not pro- vide for payment on demand. The period of payment was left to he determined by the public exigencies. In the meantime the notes were receivable in payment of all loans, and were, until after the close of our civil war, always practically convertible ints bonds of the funded debt, bearing not less than five per cent, interest, payable in coin. The act of February 25, 1862, provided fer the issue of these notes to the anionut of $150,000,000. The act of July 11, 1862, added another $150,000,000 to the circulation, reserv- ing, however, $50,000,000 for the redemption of temporary loan, to be •issued and used only when necessary for that purpose. Under the act of March 3, 1863, another issue of $150,- 000,000 was authorized, making the whole amount authorizbii $450,000,000, and contem- plating a permanent circulation, until resump- tion of payment in coin, of $400,000,000. It is unnecessary here to go further into the history of these notes, or to examine their rela- tion to the national bank currency. Tliat his- tory belongs to another place, and the quality of these notes, as legal tenders, belongs to another discussion. It has been thought proper only to advert to the legislation by wnich these notes were authorized in order that their true character may be clearly perceived. That these notes were issued under the au- thority of the United States, and as a means to ends entirely within the constitutional power of the Government, was not seriously questioned upon the argument. But it was insisted that they were issued as money; that their controlling quality was that of money; and that therefore they were subject to taxation in the same manner and to the same extent as coin issued under like authority. And there is certainly much force in the argu- ment. It is clear that these notes were intended to circulate as money, and, with the national bank notes, to constitute the credit currency oi the country. Nor is it easy to see that taxation of these notes, used as money and held by individual owners, can control or embarrass the power oi the Government in issuing them for circulation more than like taxation embarrasses its power in coining and issuing gold and silver money for circulation. Apart from the quality of legal tender im- pressed upon them by acts of Congress, of which we now say nothing, their circulation as cur- rency depends on the extent to which they are received in payment, on the quantity in circula- tion, and on the credit given to the promises they bear. In these respects they resemble the bank notes formerly issued as currency. But, on the other hand, it is equally clear that these notes are obligations of the United States. 440 POLITICAS* MANUAL, •Their name imparjs abligatiop. Ever.y one of' them expresses upon its fgice an engaigement of the nation to pay to the bearer a certain sutn- The dollar note is an engagement to pay a dol- lar, and the dollar intended is the coined dollar of the United Statesi-r-a Gerta,in' quantity in ■yyeight and fineness of gold or silver, authenti- cated as such by the gtamp of the Government. No other dollars had befofe been recognized by the Legislation of (be 9>ation^} Government as lawful money Would, theiB, their usefulness and value as means to the exercise of the functions of govern- ment be injuriously affected by State ;tax?i,tion? It cannot be Said, ^ v/e have already inti- mated, that the same inconveniences as would arise from the taxation of bonds and other interest-bearing obligations of the Government would attend the taxation of notes issued for cir Gulation as money. But we cannot, say that no embarrassment wonld arise from such taxation, .^nd we tbink it clearly within the discretion of Congress tp determine whether, in view of all the. circumstances attending the issue of the nates, their usefulness as a means of carrying on the Government would be enhanced by exemp- tipn from taxation ; and within the constitu- tional power of Congress, haying, resolved the question of usefulness ^ffirnisktivSy, to provide by law for such exemption. There remains, then, only this question ; Has Congress exercised the power of exemption ? A careful examination of the at%ts under which they were issued has left no doubt in our minds upon that point. Tlie act of February, 1862 * declares that " ^11 United States bonds and other securities of the United States held by individuals, associations, or corporations, within the United Sta,te8, phall be exempt from taxation by or under S,taAe authority." We have alrea,i?y said, that these notes are obli- gations. They bind the national faith. They are, therefore, strictly securities. They secure the payment stipulated to the holders . by the pledge of the natiqnal faith, the only ultimate security of all national qhligationa, whatever form they may assume. And this provision is re-enacted in application to the second issue of United States notes by — Deoembeb Term, 1868. Frederick Bronson, executor of thel In error to the last will and testament of Arthur court of ap- Broiison,deceaBed,plaintiffineiror, }- peals of the v«. State of New Feter Bodes. J York. Mr. Chief Justice Chase ^delivered the opinion of the court. This case comes before us upon a writ of error to the supreme court of New York. The facts shown by the record may be briefly stated. In December, 1851, one Christian Metz, hav- ing borrowed of Frederick Bronson, executor of Arthur Bronson, $1,400, executed his bond for the repayment to Bronson of the principal .sum borrowed on the 18th day of January, 1857, in gold and silver coin, lawful money of the United States, with interest also in coin until such re- payment, at the yearly rate of seven per cent. To secure these payments, according to the bond, at such place as Bronson might appoint, or, in default of such appointment, at the Mer- chants' Bank of New York, Metz executed a mortgage upon certain real property, which was afterwards conveyed to Bodes, who assumed to pay the mortgage debt, and did, in fact, pay the interest until and including the Ist day of Jan- uary, 1864. Subsequently, in January, 1865, there having been no demand of payment nor any appoint- ment of a place of payment by Bronson, Bodes tendered to him United States notes to the amount of $1,507, a sum nominally equal to the principal and interest due upon the bond and mortgage. At that time one dollar in coin was equivalent in market value to two dollars and a quarter in United States notes. This tender was refused, whereupon Bodes deposited the United States notes in the Mer- chants' Bank to the credit of Bronson, and filed his bill in equity praying that the mortgaged premises might be relieved from the lien of the mortgage, and that Bronson might be compelled to execute and deliver to him an acknowledg- ment of the full satisfaction and discharge of the mortgage debt. The bill was dismissed by the supreme court sitting in Erie county ; but, on appeal to the supreme court in general term, the decree of dis- missal was reversed, and a decree was entered adjudging that the mortgage had been satisfied *1 Parsons on Contracts, 7. 444 POLITICAL MANUAL. by the tender, and directing Bronson to satisfy the same of record ; and this decree was affirmed by the court of appeals. The question which we have to consider, therefore, is this : Was Bronson bound by law to accept from Eodes United States notes equal in nominal amount to the sum due him as full performance and satisfaction of a contract which stipulated for the payment of that sum in gold and silver coin, lawful money of the United States ? It is not pretended that any real payment and satisfaction of an obligation to pay fifteen hun- dred and seven coined dollars can be made by the tender of paper money worth in the market only six hnndred and seventy coined dollars. The question is, does tho law compel the acdfept- ance of such a tender for such a debt? It is the appropriate function of courts of justice to enforce oOntraeta aeeordiug to the law- ful intent and understanding of the parties. We must, therefore, inquire what was the in- tent and understanding of Frederick Bronson and Christian Metz when they entered into the contract under consideration in December, 1851. And this inquiry will be assisted by reference to the circumstances under which the contract was made. Bronson was an executor, charged as a trustee with the administration of an estate. Metz was a borrower from the estate. It was the clear duty of the former to take security for the full repayment of the money loaned to the latter. The currency of the country at the time consisted mainly of the circulating notes of State hanks, convertible, under the laws of the States, into coin, on demand. This convertibil- ity, though fai' from perfect, together with the acts of Congrtss which required the use of coin for all receipts and disbursements of the national Government, insured the presence of some cqin in the general circulation ; nut the business of the people was transacted almost entirely through the medium oi bank notes. The State banke had recently emerged from a condition of great depreciation and discredit, the effects of which were still widely felt, and the recurrence of alike condition was not unreasonably apprehended by many. This apprehension was, in fact, realized by the general suspension of coin payments, which took place in 1857, shortly after tne bond of Metz became due. ' It is not to be doubted, then, that it was to guard against the possibility of loss to the estate, through an attempt to force the acceptance of a fluctuating and perhaps irredemable currency in payment, that the express stipulation for pay- ment in gold and silver coin was put into the bond. There was qo necessity in law for such a stipulation, for at that time no money, except of fold or silver, had been made a legal tender, he bond, without any stipulation to that effect, would have been legally payable only in coin. The terms of the contract must hav» been se- lected, therefore, to fix definitely the contract between the parties, and to guard against any possible claim that payment in the ordinary currency onght to be accepted. The intent of the parties is, therefore, clear. Whatever might be the forms or the fluctuations of the note currency, this contract was not lo be affected by them. It was to be paid, at all events, in coined lawful money. We have just adverted to the fact that the legal obligation of payment in coin was perfedt without express stipulation. It will be useful to consider somewhat further the precise import in law of the phraee " dollars payable in gold and silver coin, lawful money of the United States." To form a correct judgment on this point, it will be necessary to look into the statutes regu- lating coinage. It would be instructive, doubt- less, to i:eview the history of coinage in the United States, and the succession of statutes by which the weight, pnrity, forms, and impressions of the gold and silver coins have been regulated ; but it will be sufficient for our purpose if we ex- amine three only — the acts of April 2, 1792,* of January 18, 1837,t and March 3, 1849.$ The act of 1792 established a mint for the pur- pose of a national coinage. It was the result of very careful and thorough investigations of the whole subject, in which Jefferson and Hamilton took the greatest parts ; and its general princi- fles have controlled all subsequent legislation, t provided that the gold of coinage, or standard gold, should consist of eleven parts fine and one part alloy, which alloy was to be of silver and copper in convenient proportions, not exceeding one-balf silver, and that the silver of coinage should consist of fourteen hundred and eighty- fiVe parts fine and one hundred and seventy- nine parts of an alloy wholly of copper. The same act established the dollar as the money unit, and required that it should contain four hundred andsixteen^ains of standard silver. It provided further for the coinage of half-dol- lars, quarter-dollars, dimes, and half-dimes, also of standard silver, and weighing respectively a half, a quarter, a tenth, and a twentieth of the weight of the dollar. Provision was also made fbr a gold coinage, consisting of eagles, half- eagles, and quarter-eagles, containing, respect- ively, two hundred and ninety, one hundred and thirty-five, and sixty-seven and a half .grains of standard gold, and being of the value, respect- ively, of ten dollars, five dollars, and two-and-a- half dollars. These coins were made a lawful tender in all payments, according to their respective weights of silver or gold; if of full weight, at their de- clared values, and if of lees, at proportional values. And this regulation as to tender re- mained in full force until 1837. The rule prescribing the composition of alloy has never been changed ; but the proportion of alloy to fine gold and silver, and the absolute weight of coins, have undergone some alteration, partly with a view to the better adjustment of the gold and silver circulations to each othei, and partly for the convenience of commerce. The only change of sufficient importance to require notice, was that made by the act of 1837.f That act directed that standard gold, and stand- ard silver also, should thenceforth consist of nine parts pure and one part alloy ; that the weight of standard gold in the eagle should be two hun- JUDICIAL DECISIONS, ETC. 445 dred and fifty-eight grains, and in the half-eagle and quarter-eagle, respectively, one-half and one-quarter of that weight precisely; and that the weight of standard silver should be in the dollar four hundred twelve and a half grains, and in the half dollar, quarter- dollar, dimes, and half-dimes, exactly one-half, one-quarter, one- tenth, and one-twentieth of that weight. The act of 1849* authorized the coinage of gold donhle-eagles and gold dollars conformably in all respects to the established standards, and, therefore, of the weights respectively of five hun- dred and sixteen grains and twenty-five and ^ight-tenths of a grain. The methods and machinery of coinage had been so improved before the act of 1837 was passed, that unavoidable deviations from- the prescribed weight became almost inappreciable; and the most stringent regulations were enforced to secure the utmost attain-able exactness, both in weight and purity of metal. In single coins the greatest deviation tolerated in the gold coins wasTialf a grain in the double- eagle, eagle, or half-eagle, and a quarter of a grain in the quarter eagle or gold dollar ;f and in the silver coin!', a grain and a half in the dollar and half-dollar, and a grain in the quarter-dollar, and half a grain in the dime and half-dime.| In 1849 the limit of deviation in weighing large numbers of coins on deli-very by the chief coiner to the treasurer and by the treasurer to depositors was still further narrowed. With these and other precautions against the emission of any piece inferior in weight or purity to the prescribed standard, it was thonght safe to make the gold and silver ooinfe of the United States legal tender in all payments according to their nominal or declared values/ This *as done by the act of 1837. Some regulations as to the tender, for small loans, of coins of less weight and purity have been made; but no other pro- vjsion than that made in 1837, making coined money a legal tender in all payments, now exists npon the statute-books. The design of all this minuteness and strict- ness in the regulation of coinage is easily seen. Itindicates the intention of the legislature to give a sure guaranty to the people thatthe coins made current in payments contain the precise weight of gold or silver of the precise degree of ptLiity declared by the statute. It recognizes the fact, accepted by all men throughout the world, that value is inherent in the precious Bietals; that gold and silver are in themselves values, and being snch, and being in other re- speots beat adapted to the purpose, are the only proper measures of value; that these values are aetermined by weight and purity; and that form and impress are simply certificates of value, worthy of absolute reliance only because of the known integrity and good faith of the Govern- ment which gives them. , .The propositions just stated are believed to be ineontestihle. If they are so in fact, the inch, Byron Mur- ray, jr., and Shaw. Mr. Chief Justice Cha»e delivered the opinion of the court. This is an original .s«it in this court, in which the State of Texas, claiming, certain bonds of the United States as her properly, asks an injunction to restrain the defendants i'roTO receiving pay^ ment from the national Government, and to com- pel .the surrender of the bonds to the State. It appears from the bill, answers, and proofs, that the United States, by act of Septemljer 9, 1850, offered to the. State of Texas, in oompensa- , tion for her claims connected, wfith the settlement of her boundary, $10,000,000 in five-per-cent. bonds, each for the isum of $1,000, and that this offer was accepted by ^Texas. One-half of these bonds were retained for cer- tain purposes in the national treasury, and the other half were delivered to the .State, The bonds thus dfiHyered were dated January 1, 1851, and were.aU ipa4s payable to the State of Texas, or bearer, and redeemable after the Slst day of December, 1864. They were received, in behalf of the State, by the comptroller of public account^, under autaor- Bill in equity* ity of an act of the legislature, which, besides giving that authority, provided that no bond should be available in the hands of any holder until after endorsement by the governor of the Slate. After the breaking out of the rebellion, the insurgent legislature of Texas, on the 11th oi January, 1862, repealed the act requiring the endorsement of the governor,* and on the same day provided for the organization of a military board, composed of the governor, comptroller, and treasurer, and authorized a majority of that board to provide for the defence of the State -by means of any bonds in the treasury, upon affy account, to the extent of $1,000,000.1 The defence contemplated by the act wafi to be made against the United States by war. Under tnis authority the military board e4- tered into an agreement with George W. White and John Chiles, two of the defendants, for the sale to them of one hundred and thirty-five of these bonds, then in the treasury of the Slate, and seventy-six more, then deposited with Droege & Co.j in England, in payment for which they .en- gaged to deliver to the board a large quantity of cotton cards and medicines. This agreement was made on the 12th of January, 1865, On the 12th of March, 1865, White and Chiles received from the military board one hundred and thirty-five of these bonds, none of which were endorsed by any governor of Texas. Afterward, in the course of the years 1865 and 1866, some of the same bonds came into the pos- session of others of the defendants by purchase, or as security for advances of money. Such is a brief outline of the case. It will b« necessary hereafter to refer more in detail f to some particular circumstances of it. The first inquiries to which our attention was directed by counsel arose upon the allegations of the answer of Chiles, (1,) that no sufficient «u- thorily is shown for the prosecution of the suit in the name and on the behalf of the State of Texas; and, (2,) that fhe State having severed her rela- tions with a majority of the States of the'UnioB, and having by her ordinance of secession at- tempted to throw off her allegiance to the Con- stitU'tion and Government of the United States, has so far changed her status as to be disabled from praseeutihg suits in the national courts. The first of these allegations is disproved by the evidence. A letter of authority, the authen- ticity of which is not disputed, has been pro- duced, in which J, W. Throckmorton, elected governor under the constitution adopted in 1866, and proceeding under an act of the State legis- lature relating to these bonds, expressly ratiles and confirms the action of the solicitors who filed the bill, and empowers them to prosecute this suit; and it is further proved by the affidavit, of Mr. Pa8,ohal, counsel for the complainant, that he was duly appointed by Andrew J. Hamilton, while provisional governor of Texas, to represent the State of Texas in reference to the bonds in controversy, and that his appointment has been renpwe^ by E. Jl. Pease, the actual governor. It iexas was a State of the Union at the time- of these acts, and these person.s, or either of them, were competent tio represent the State, this proof • Acts of Teaas, 1862, p. 46. f Texas Laws, p. 66. JUDICIAL DECISIONS, ETC. 449 leaves no doubt upon the question of author- ity. The other allegation presents a question of jurisdiction. It is not to be questioned that this court has original jurisdiction of suits by States against citizens of other States, or that the States entitled to invoke thisjurisdiotion must be States of the Union. But it is equally clear that no such jurisdiction has been conferred upon this court of suits by any other political communities than such States If, therefore, it is true that the State of Texas was not at the time of filing this bill, or is not now, one of the United States, we have no juris- diction of this suit, and it is our duty to dismiss it. ' We are very sensible of the magnitude and importance of this question, of the interest.it ex- cites, and of the difficulty, not to say impossi- bility, of so disposing of it as to satisfy the confiioting judgments of men equally enlight- ened, equally upright, and equally patriotic. But we' ftieet it in the case, and we must de- termine it in the exercise of our best judgment, under the guidance of the Constitution alone. Some uot,«un!,Biportant aid, however, in ascer- taining the true sense of the Constitution, may be derived from considering what is the correct idea of a State, apart from any union or confed- eration with other States. The poverty of lan- guage often compels the employment of terms in quite different significations ; and of this hardly any example more signal is to be found than in the use of the word we are now considering. It would serve no useful purpose to attempt an enumeration of all the various senses in which it is used. A few only need be noticed. ■ It describes sometimes a people or community \0f individuals united more or less closely in polit- ical relations, inhabiting temporaHly or perma- nently the same country ; often it denotes only the country or territorial region inhabited by such a community ; not unfrequently it is ap- plied to the government under which the people live ; at other times it represents the combined idea of people, territory, and government. It is not difficult to see that in all thes,e senses the primary conception is that of a people or community. The people, in whatever territory dwelling, eithe?temporarily or permanently, and whether organized under a regular government, or united by looser and less definite relations, constitute the State. This is undoubtedly the fundamental idea upon which the republican institutions of our own country are established. It was stated very clearly by an eminent judge* in one of the ear- liest cases adjudicated by this court, and we are not aware of anything in any subsequent decis- ion of a different tenor. In the Constitution the term State most fre- quently expresses the combined idea just noticed, of people, territory, and government. A State, in the ordinary sense of the Constitution, is a political sommunity of free citizens, occupying a territory of defined boundaries, and organized litider a government sanctioned and limited by a'written constitution, and established by the consent of the governed. .It is the union of such ;.*Mr. Justice Paterson, in Penhallov vt, poane's Admrs. 3 Call., S3. 29 States under a common constitution which forms the distinct and greater political unit which that Constitution designates as the United States, and malies of the people and States which compose it one people and one country. The use of the word in this sense hardly re- quires further remark. In the clauses which impose prohibitions upon the States in respect to the making of treaties, emitting of bills of credit, laying duties of tonnage, and which guaranty to the States representation in the House of Rep- resentatives and in the Senate, are found some instances of this use in the Constitution. Others will occur to every mind. But it is also used in its geographical sense, as in the clauses which require that a representa- tive in Congress shall be an inhabitant of the State in which he shall be chosen, and that the trial of crimes shall be held within tlie State where committed. And there are instances in which the principal sense of the word seems t(^be that primary one to which we have adverted, of a people or politi- cal community, as distinguished from a govern- ment. In this latter sense the word seems to be used in the clause which provides that the United States shall guaranty to every State in the Union a. republican form of government, and shall protect each of them against invasion. In this clause a plain distinction is made be- tween » State and tne government of a State. Having thus ascertained the senses in which the word Slate is employed in the Constitution, we will proceed to consider the proper applica- tion of what has been said. The republic of Texas was admitted into the Union as a State on the 27th of December, 1845. By this act the new State, and the people of the new State, were invested with all the rights, and became subject to all the responsibilities and du- ties, of the original States under the Constitution, From the date of admission until 1861, the State was represented in the Congress of the United States by her Senators and Representa- tives, and her relations as a member of the Union remained unimpaired. In that year, act- ing upon the theory that the rights of a State under the Constitution might be renoiinoed, and her obligations thrown off at pleasure, Texas undertook to sever the bond thus formed, and to break up her constitutional relations with the United States. On the 1st of February* a convention, called without authority, but subsequently sanctioned by the legislature regularly elected, adopted an ordinance, to dissolve the union between the State of Texas and the other States under the Constitution of the United States, whereby Texas was declared to be " a separate and sove- reign State," and "her people and citizens" to be " absolved from all allegiance to the United States or the Government thereof." It was ordered by a vote of the conventiont and by an act of the legislature.^ that this ordi- nance should be submitted to the people, for ap- proval or disapproval, on the 23d of February, 1861. •Pasehal's Digest Laws of Texas, 78. tPasohftV'a Digest, 80. {Laws of Texas, 1S59^1, p. II, 450 POLITICAL MAifUAL. Without awaiting, koweyer, the decision thus invoked, the convention, on the 4th of Febru- ary, adopted a resolution, designating seven del- egates to rebresent the Stats in the convention of seceding States at Montgomery, " in order," as the reaoltttion declared, " that the wishes and interests of the peopte of Texas may be con- anUed in refei'eace to the ooDstitatioh and pro- vie onal govei-nment that may be eBtablishea by BWd convention." Before the passage of this resolution the con- vention had aippomted a 'committee of public safety, and '3i;dopted an ordinance giving au- thority to that committee to take measures for obtaining possession of the property of the United Slates la Texas, and for removing the national troops fmm her limits, Th« inembers of the committee, and all officers and agents ap- pointed or employed by it, were sworn to secrecy and to allegiance to the State.* Commissioners were at oade appointed, with instructions to re- pair to the headquarters of Ghoeral Twiggs, then repretjenting the Ueited States in cotitmaDd of the department, and to make the demands necessary for the accomplishment of the pur- poses of the committee, A military force was Organized 'in support of these demands, and an arrangement was effected with the commanding general byiwbich the United States troops were engaged to leave the State, and the forts and all the publioproperty, not necessary to the removal of the troops, were surrendeired to the commis- 8ioner8.-|- These transactions took place between the 2d and the 18th of February, and it was under these circumstances that the vole upon the ratification or rejection of the ordinance of secession was taken on the 23d of February. It was ratified by a majority of the voters of the State. The convention, which had adjourn«d before the vote ^^as taken, reassembled on the M of March, and instructed tlie delegates already sent to the congt-ess of the seceding States to apply for admission into the confederation, and to give the adhesidh of Texas to its provieioKal constitu- tion. It proceeded, also, to make the changes in the State constitution which this adhesion made necessary. 'The tvords "United States" were stricken out Wherever they occurred, and the words "Confederate States" substituted; and the membena of the legislature, and all officers of the St&te, were required by the new constitu- tion to take an oa-th of fidelity to the constitution and laws of, the new confederacy. Before, indeed, these changes in the constitu- tion had beSn completed, the officers of the State had been required to appear before the commit- tee and take an oath of allegiance to the Confed- erate States. The governor and secretary of state, refusing to comply, were summarily ejected from office. The members of the legislature, which had also adjourned and reassembled on the 18th of Match, were more compliant. They took the oath, and proceeded, .on the 8th of April, to provide by law for the choice of eledtojs of prSsidebt and vice president cif the Confederate States. •Paschal's Digest,JO. f Texan Beports of the Com- mittee, (Lib. of Oon.,} ip. i&. The representatives of the State in the Coo- gresB of the United Siates were withdrawn, and, as soon as the seceded Slates became organized under a constitution, Teauis sent senators and representatives to the confederate congress. In all respects, so far as the object could be aeoomplished by ordinances of the convention, by aots of the legislature, and by votes of the citizens, the relations of Texas to the Union were broken up, and new relations to a new govern- ment were established for them.. The position thus assumed could only be main- tained Dy.arma, and Texas accordingly took part with the other Confederate States in the war of the rebellion which these events made inevitable. During the whole of that war there was no gov- ernor, or judge, or any other State officer in Texas who recognized the national authority. Nor was any officer of the United States permitted to ex- ercise any authority whatever under the national Government within the limits of the State, except usder the immediate protection of the national military fbroes. Did Texas in consequence of these acts cease to be a State ? Or, if not, did the State cease to be a member of the Union ? It is needless to discuss at length the question whether the right of a State to withdraw from the Union for any cause regarded by herself as sufficient is consistent with the Constitution of the United States. The Union of the States never was a purdy attifioial and arbitrary relation. It began among the colonies, and grew out of common origin, mutoal sytnpathiea, kindred principles, similar interests, and geographical relations. It was oonfifraed and strengthened by the necessities of war, and received definite form, and character, and sanction, from the Articles of Confederation. By these the Union was solemnly declared to "be perpetual." And, when these articles were found to be inadequate to the exigencies of the country, the Constitution was ordained " to form a more perfect Union." It is difficult to convey the idea of indissoluble unity more clearly than by these words. What can be indissoluble, if a perpetual Union made more perfect is not? But the perpetuity and indissolubility of the Union by no means implies the'loss of distinct and individual existence, or of the right of self- government, by the States. Under the Articles of Confederation each State retained its sov- ereignty, freedom, and independence, and every power, jurisdiction, and right, not expressly delegated to the United States. Under tlie Con- stitution, though lihe poi!fers of the States were much restricted, still all powers not delegated to the United States, nor prohibited to tlie StateE(, are reserved to the States respectively, or to the people. And we have already had occasion to remark at this term, that "the people of each State compose a Stale, having its own govern- ment, and endowed with all tae functions essen- tial to seaarate and independent existence | " and that ^'without the States in union there could be no such political body as the United States."* Not only, therefore, can there be no loss of separate and independent autonomy to •County of Lane vs. The State of Oregon. 461 the States, through thei* union tinder the Con- stitution, but it may be not unrea,sonably said that the preservation o( the States and the maintenanoe of their governments ivre as much within the design and care of the Conatitution as the preservation of the Union and the main- tenance of the national Government. The Con- stitution, in iM its provisions, looks to au inde- structible Union, composed of indestructible States. When, therefore, Texas becEume one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at Once to the State. The act which consummated her admissibn into the Union was something more than a compact — ^it ■was the incorporation of a new member into the political body, and it was final. The union be- tween Texas and the other States was as com- plete, as perpetual, and as indissoluble as the union between the original States. There was' no place for reconsideration or revocation, except through revolution or through consent of the States. Considered, therefore, as transactions under the Constitution, the ordinance of secession adopted by the convention and ratified by a ma- jority of the citizens of Texas, and all the acts of her legislature intended to give effect to that ordinance, were absolutely null. They were .tltterly without operation in law. The obliga- tions of the State as a member of the Union, and of every citizen of the State as a citizen of the United States, remained perfect and unimpaired. It certainly follows that the State did ,not cease to be a State nor her citizens to be citizens of the Union. If this were otherwise, the State must have become foreign and her citizens foreigners; the war must have ceased to be a war for the suppression of rebellion, and must have become a war for conquest and subjngafiion. Our conclusion, therefore, is, that Texas con- tinued to be a State, and a State of the Union, notwithstanding the transactions to which we have referred. And this conclusion, in our judgment, is not in conflict with any aqt or declaration Of any department of the national Qovernment, but entirely in accordance with the whole series of such acts and declarations since the first outbreak of the rebellion. But in order to the exercise by a State of the right to sue in this court, there needs to be a State government competent to 'represent the State in its relations with the national Govern- ment, so far, at least, as the institution and pros- ecution of a suit is concerned. Audit is by no means a logical conclusion, - from the premises which we have endeavored to establish, that the governmental relations of Texas to the Union remained unaltered. Obli- gations often remain unimpaired, while relations are greatly changed. The obligations of alle- giance to the State and of obedience to her laws, subject to the Constitution of the United States, are binding upon all citizens, whether faithful or unfaithful to them ; but the relations which subsist while these obligations are performed are essentially different from those which arise •when they are disregarded and set at nought. And the same must necessarily be true of the obligations and relations of States and citizens to the Union. No one has been bold enough to contend that, while Texas was controlled by a Government hostile to the United States, and, in afSliation with a hostile confederation, waging war upon the United States, senators chosen by her legislature, or representatives elected by her citizens, were entitled to seats in Congress ; or that any suit instituted in her name could be entertained in this court. All admit that, during this condition of civil war, the rights of the State as a member and of her people as citizens of the Union, were suspended. The Qovernment and the citizens of the State refus- ing to reeognize their constitutional obligations assumed the character of enemies and incurred the consequences of rebellion. These new relations imposed new duties upon the United States. The first was that of sup- pressing the rebellion. The next was that of re-establishing the brokin relations of the State with the Union. The first of these duties hav- ing been performed, the next necessarily engaged the attention of the national Government. The authority for the performance of the first had been found in the power to suppress insur- rection and carry on war; for the performance of the second, authority was derived from the obligation of the United States to guaranty to every State in the Union a republican form of government. The latter, indeed, in the case of a rebellion, which involves the government of a State, and, for the time, excludes the .national authority from its limits, seems to be a necessary complement to the former. Of this the case of Texas furnishes a striking illustration. When the war closed there was nc fovernment in the State except that which had een organized for the purpose of waging wai agaiiist the United States. That government immediately disappeared. The chief function- aries left the State. Many of the subordinate ofScials followed their example. Legal responsi- bilities were annulled or greatly impaired. It was inevitable that great confusion should pre- vail. If order was maintained, it was where the good sense and virtue of the citizens gave support to local acting magistrates, or supplied more directly the needful restraints. A great social change increased the difficulty of the situation. Slaves in the insurgent States, with certain local exceptions, had been declared free by the proclamation of emancipation, and whatever questions might be made as to the effect of that act under the Constitution, it was clear from the'beginning that its practical operation , in connection with legislative acts of likfl tendency, must be complete enfranchisen:ent. Wherever the national forces obtained control, the slaves became freemen. Support to the acts of Con- gress and the proclamation of the President con: cerning slaves was made a condition of amnesty* )yy President Lincoln, in December, 1863, and Cy President Johnson, in May, 1865.t And eman- cipation was confirmed, rather than prdained, in the insurgent States, by the amendment to the Constitution prohihiting slavery throughout ths •13 U. S. Stat., T37. tl3U. S. Stat.,768 452 POLITiqAL MANUAL. Union, which was proposed by Congress in Feb- ruary, 1865, and ratified before the close of the following autamn by the requisite three-fourths of the States.* The new freemen necessarily became part of the people, and the people slill constituted the State ; for States, like individuals, retain their identity, though changed to some extent in their constituent elements. And it was the State, thus constituted, which was now entitled to the benefit of the constitutional guaranty. "There being, then, no government in Texas, in constitutional relations with the Union, it be- came the duty of the United States to provide for the restoration of such a government. But the restoration of the government which existed before the rebellion, withjut a new election of officers, was obviously impossible ; and before any such election could be properly held, it was necessary that the old condtitution should receive such amendments as would conform its provisions to the new conditions created by emancipation, and afford adequate secuirity to the people of the State. ' • In the exercise of the power conferred by the guaranty clause, as in the exercise of every other constitutional power, a discretion in the choice of means is necessarily allowed. It is essential only that the means must be necessary and prop- er for carrying into execution the power confer- red, through the restoration of the State to its constitutional relations, under a republican form of government, and that no acts be done, and no authority exerted, which is either prohibited or unsanctioned by the Constitution. It is not important to review at length the measures which have been taken under this power by the executive and legislative depart- ments of the national Government. It is proper, however, to observe, that almost immediately after the cessation of organized hostilities, and while the war yet smouldered in Texas, the President of the United States issued his pro- clamation appointing a provisional governor for the State, and providing for the assembling of a convention, with a view to the re-astablisnment of a republican government, under an amended constitution, and to the restoration of the State to her proper constitutional relations. A con- vention was accordingly assembled, the oonsti- "tution amended, elections held, and a State gov- ernment acknowledging its obligations to the Union established. Whether tlie action then taken was in all respects warranted by the Constitution it is not now necessary to determine. The power exer- cised by the President was supposed doubtless ■ to be derived from his constitutional functions as bommander-in-chief I and, so long as the war continued, it cannot be denied that he might institute temporary government within insur- gent districts occupied by the national forces, or take measures in any State for the restoration of State government faithful to the Union, em- ploying, however, in such efforts, only such means and agents as were authorized by consti- tutional laws. But the power to carry into effect the clause •13 U.S. Stat., 77*-^. of guaranty is primarily a legislative power aiivl resides in Congress. " Under the fourth 8,rucie of the Constitution, it rests with CongresE to de- cide what government is the established one in a State. For, as the United States guaranty to each State a republican government, Congress must necessarily decide what governnent is es- tablished in the State before it can determine whether it is republican or not." This is the language of the late Chief Jnstice, speaking for this court, in a case from Bhode Island,* arising from the organization of opposing governments in that State. And we think that the principle sanctioned by it may be applied with even more propriety to the case of a State deprived of all rightful government by' revolu- tionary violence, though necessarily limited to cases where the rightful government is thus sub- verted or in imminent danger of being over- thrown by an opposing government set up by force within the State. The action of the President must, therefore, be considered as provisional, and in that light it seems to have been regarded by Congress. It was taken after the term of the 38th Congress had expired. The 39th Congress, which assem- bled in D^ember, 1865, followed by the 40th Congress, which met in March, 1867, proceeded, after long deliberation, to adopt various measures for reorganization and restoration. These meas- ures were embodied in proposed amendments to the Constitution, and in the acts known as the reconstruction acts, which have been so far car- ried into effect, that a majority of the States which were engaged in the rebellion have been restored to their constitutional relations, under forms of government adjudged to be republican by Congress, through the admission of their "Senators and Representatives into the councils of the Union." Nothing in the case before us requires the court to pronounce judgment upon the constitu- tionality of any partioqlar provision of these acts. But it is important to observe, that these acts themselves show that the governments which had been established, and had been in actual operation under executive direction, were recog- nized by Congress as provisional, as existing, and as capable of continuance. By the act of March 2, 1867,+ the first of the series, these governments were, indeed, pro- nounced illigal, and were subjected to military control, and" were declared to be provisional only ; and by the supplementary act of July 19, 1867, the third of the series, it was further de- clared, that it was the true intent and meaning of the act of March 2 that the governments then existing were not legal State governments, and, if continued, were to be continued subject to the military commanders of the respective- districts and to the paramount authority of Con- gress. We do not inquire here into the consti- tutionality of this legislation so far as it relates to military authority, or to the paramount au- thority of Congress. It suffices to say, ,that the terms of the acts necessarily imply recognition of actually existing governments, and that, m * Luther »». Borden, 7 How., 42. t U. S. Stat., 428. JUDICIAL DECISIONS, ETC. 453 point 01 lact, the governments thus recognized, In some important respects, still exist. Wliat tias thus been said generally describes with sufficient accuracy the situation of Texas. A provisional governor of the State was ap- pointed by the President in 1865, in 1866 a governor was elected by the people under the conslilution of that year, at a subsequent date a governor was appointed by the commander of the district. Each of the three exercised execu- tive functions, and actually represented the State in the executive department. In the case before us each has given his sanc- tion to the prosecution of the suit, and wo find no difficulty, without investigating the legal title of either to the executive office, in holding that the sanction thus given sufficiently war- ranted the action of the solicitor and counsel in behalf of the State. The necessary conclusion is that the suit was instituted and is prosecuted by competent authority. The question of jurisdiction being thus dis- posed of, we proceed to the consideration of the merits as .presented by the pleadings and the evidence. And the first question to be answered is, whether or not the title of the State to the bonds in controversy was divested by the contract of the military board with White and Chiles? That the bonds were the property of the State of Texas on the 11th of January, 1862, when the act prohibiting alienation without the en- dorsement of the governor was repealed, admits of no question and is not denied. They came into her possession and ownership through pub- ^ lie acts of the General Government and of the State, which gave notice to all the world of the transaction consummated by them. And we think it clear that, if a State by a public act of her legislature imposes restrictions upon the alienation of her property, every person who takes a transfer of such property must be held affected by notice of them. Alienation in dis- regard of such restrietions can convey no title. In this case, however, it is said that the re- striction imposed by the act of 1851 was repealed by the act of 1862. And this is true if the act of 1862 can be regarded as valid. But was it valid? The legislature of Texas, at the time of the repeal, constituted one of the departments of a State government established in aostility, to the Constitution of the United States. It cannot be regarded, therefore, in the courts of the United States, as a lawful legislature, or its acts as law- ful acts. And, yet it is a historical fact that the government of Texas, then in full control of the State, was its only actual government; and, cer- tainly, if Texas had been a separate State, and not one of the United States, the new govern- ment, having displaced the regular authority, and having established itself in the customary seats of power, and in the exercise of the ordi- nary functions of administration, would have constituted, in the strictest sense of the words, a di facto government, and its acts, during the ■ period of its existence as such, would be effectual, a.nd in almost all respects valid. And to some extent this is true Of the actml government of Texas, though unlawful and revolutionary as to the United States. It Is not necessary to attempt any exact de- finitions within which the acts of such a State government must be treated as valid or invalid. It may be said, perhaps with sufficient accuracy, that acts necessary to peace and good order among citizens, such, for example, as acts sanc- tioning and protecting marriage and the do- mestic relations, governing the course of descents, regulating the conveyance and transfer of property, real and personal, and providing remedies for injuries to person and estate, and other similar acts, which would be valid if emanating from a lawful government, must, be regarded in general as valid when proceeding from an actual, though unlawful government ; and that acts in furtherance or support of rebel- lion against the United States, or intended to defeat the just rights of citizens, and other acts of like nature, must, in general, be regarded as invalid and void. What, then, tried by these general tests, was the character of the cmitract of the military hoard v/ith White and Chiles? That board, as we have seen, was organized, not for the defence of the State against a foreign invasion, or for its protection against domestic violence, within the meaning of these words as used in the national Constitution, but for the purpose, under the name of defence, of levying war against the United States. This purpose was undoubtedly unlawful, for the acts which it contemplated are, within the express definition of the Constitution, treasonable. It is true that the military board was subse- quently reorganized. It consisted thereafter of the governor and two other members, ap- pointed and removable by him; and was, there- fore, entirely subordinate to executive control. Its general object remained without-change, but its powers were "extended to the control of all public works and supplies, and to the aid of producing within the State, by the importa- tion of articles necessary and proper for such And it was insisted in argument on behalf of some of the defendants that the contract with Wliite and Chiles, being for the purchase of cotton cards and medicines, was not a contract in aid of the rebellion, but for obtaining goods capable of a use entirely legitimate and inno- cent, and therefore that payment for those goods by the transfer of any property of the State was not unlawful. We cannot adopt this view. Without entering at this time upon the inquiry whether any contract made by such a board can be sustained, we are obliged to say that the enlarged powers of the board appear to us to have been conferred in furtherance of its main purpose of war against the United States, and that the contract under consideration, even if made in the execution of these enlarged powers, was still a contract in aid of the rebel- lion, and therefore void. And we cannot shut our eyes to the evidence which proves that the act of repeal was intended to aid rebellion by facilitating the transfer of these bonds. It was supposed, doubtless, that negotiation of them would be less difficult if they bore upon their face no direct evidence of having come from the possession of any insurgent State government. 454 POLITICAL MANUAL. We can give no effect, thferefora, to this itepeal- ing act. It followa that the title df the State was not divested hy the act of the insargeht government in entering into this contract. But it was insisted farther, in behalf of those defendants who claim certain of these bonds by purchase, or as collateral security, that however unlawful may have been the means by which White and Chiles obtaided pbsSession of the bonds, they are innocent holders without no- tice, and entitled to pfotection as sOch under the rules which apply to securities which pass by delivery. These rules were fully discussed in Murray vs. Lardner.* We held in that case that the purchase of coupon bonds, before du6, with- out notice and in gOod faith, is unaffected by want of title in the seller, and that the burden of proof in respect to notibe and want of good faith is on the claimant of the bonds as against the pur- chaser. We are entirely satisfied with this doc- trine. Does the State, theti, show affirmatively notice to these defendants of want Of title to the bonds in White and Chiles 7 It would be difficult to give a negative answer to this question, if there were no other proof than the legislative acts of Texas. But there is other evidence which might fairly be held to be sufficient proof of notice, if the rule to which we have adverted could be properly applied to this case. But these rules have never been applied to matured obligations. Purchasers of notes or bonds past due take nothing but the actual right jtnd title of the vendors.f The bonds in qiiestion were dated January 1, 1851, and were redeemable after the 31st of De- cember, 1864. In strictness, it is true they were not payable OU the day when they became re- deemable J but the known usage of the United States to pay all bonds as soon as the right of payment accrues, eScept where a distinction be- tween redeemability and payability is made by law and shown on the face of the bonds, requires the applieatioh of the rule respecting over-due obligations to bonds of the United States which have become redeemable, and in respect to which no such distinction has been made. Now,4ll the bonds in Controversy had become redeemable before the date of the contract with White and Chiles; and all bonds of the same issue which have the endorsement of a governor of Texas made before the date of the secession ordinance — and there were no others endorsed by any governor — had been paid in coin on pre- sentation at the Treasury Department; while, on the contrary, applications for the payment of bonds, without the required endorsement, and of coupons detached from such bonds, made to that department, had been denied. As a necessary consequence, the negotiation of these bonds becaine difficult. They sold much belo^ the rates they would have commanded had the title to them been unquestioned. They were bought in fact, and under the circumstances could only have been bought, upon speculation. The purchasers took the risk of a bad title, * 2 Wall., 118. t Brown v>. Davis, 37 B., 80 ; Goodman v«. Symonds, 20 How., 366. hoping, doubtless, that, throngn the action of the national Government or of the government of Texas, it might be converted into a good one. And it is true that the first provisional governor of Texas encouraged the expectation that these bonds would be ultimately paid to the holders. But he was not authorized to make any engage- ment in behalf of the State, and in fact made; none. It is true, also, that the Treasury Depart- ment, influenced perhaps by these representa- tions, departed to some extent from its original rule, and paid bonds held by some of the defend- ants without the required endorsement. But it is clear that this change in the action of the de- partment could not affect the rights of Texas as a State of the Union, having a government acknowledging her obligations to toe national Constitution. It is impossible upon this evidence to hold the defendants protected by absence of notice of the want of title in White and Chiles. As these Eersons acquired no right to payment of these onds as agaitist the State, purchasers could ac- quire none through them. On the whole case, therefore, our conclusion is, that the State of Texas is entitled to the relief sought by her bill, and a decree must be made a,ccordingly. Di8SBHTiif0 Opiwioit. Mf. Justice Grier dissenting, delivered the following opinion : I regret that I am compelled to dissent from the opinion of the majority of the court on all the points raised and decided in this case. The first question in order is the jurisdiction of the court to entertain this bill in behalf ol the Slate of Texas. The original jurisdiction of this court can be invoked only by one of the United Statps. The Territories have no sucli right conferred on them by the Constitution, nor have the Indian tribes who are under ihe protection of the military authorities of the Government. Is Texas one of these Unit the fact aa decided by the political position of the government; and I am not disposed to join in any essay of judicial subtlety to prove Texas to be a State of the Union^ when Congress have decided that she ia not. It is a question of fact, I repeat, and of fact only. Polilieally, Texas is not a State in this Umon. Whether rightfully out of it or not is a question not before the court, and I am not called on to confute a fact with syllogisms. But conceding now the fact to be as judicially assumed by my brethren, the next question is whether she has a right to repudiate her con- tracts ? Before proceeding to answer this ques- tion, we must notice a fact in this case that was forgotten in the argument. I mean that the United States are no party to this suit, and re- fusing to pay the bonds because the money paid would be used to advance the interests of the rebellion. It is a matter of utter insignificance to the Government of the United States to whom she makes the payment of these bonds. They are payable to the bearei^ The Government is not bound to inquire into the bona fides of the holder, nor whether the State of Texas has parted with the bonds wisely or foolishly. And, although by the reconstruction acts she is re- quired to repudiate all debts contracted for the purposes of the rebellion, this does not annul all acts of- the State government during the rebel- lion or contracts for other purposes, nor author- ize the State to repudiate them. Now, whether we assume the State of Texas to be judicially iii the Union (though actually out of it) or not, it will not alter the case. The contest is now between the State of Texas and her own citizens. She seeks to annul a contract with ftie respondents based on the allegation that there was no authority in Texas competent to enter into an agreement during the rebellion. Having relied upon one judicial faction, namely, that she is a state in the Union, she now relies upon a second one, which she wishes this court to adopt, that she was not a State at all during the five years that she was'in rebellion. She now sets up the plea of insanity, and asks the court to treat all her acts made during the disease as void. We have had some very astute logic to prove that judicially she was not a State at all, although governed by her own legislature and executive ae " a distinct political body." The ordinance of secession was adopted by the convention on the 18th February, 1861, sub- mitted to a vote of the people, and ratified by an overwhelming majority. I admit that this was a very ill-advised meas- ure. Still, it was the sovereign act of a sovereign State, and the verdict on the trial of this ques- tion "by battle," (Prize Cases, 2 Black, 673,) as to her right to secede, has been against her. But that verdict did not settle any question not involved in the case. It did not settle the ques- tion of her right to plead insanity and set aside all her contracte, made during the pending of the trial, with her own citizens, for food, clothing, or medicines. The same " organized political body," exercising the sovereign power of the State, which required the endorsement of these bonds by the governor, also passed the laws authorizing the disDOsal of them without such endorsement. She iiit POLITICAL MANUAL. cannot, like the chameleon, assume the color of the object to which she adheres, and ask this court to involve itself iu the contradictory positions that she is a State in the Union and was never out of it, and yet not a State at all for four years, during which she acted and claims to be " an organized political body," exercising all the powers and functions of an independent sovereign Stale. Whether a Slate de facto or dejure, she is estopped from denying her identity iu disputes with her own citizens. If they have not fulfilled their contract, she can have her legal remedy for the breach of it in her own courts. But the case of Hardenberg differs from that of the other defendants. He purchased the bonds in open market, bona fide, and for a full cohsid- eration. Now, it is to be observed that these bonds are payable to bearer, and that this court is appealed to as a court of equity. The argument to justify a decree in favor of the Commonwealth of Texas as against Hardenberg is simply this: these bonds, though payable to bearer, are re- deemable fourteen years from date. The Gov- ernment has exercised her privilege of paying the interest for a term without redeeming the principal, which gives an additional value to the bonds. JSrgo, the bonds are dishonored, ^go, the fo/mer owner has a right to resume the pos- session of them, and reclaim them from a bona fide owner by a decree of a court of equity. This is the legal argument, when put in the form of a logical sorites, by which Texas invokes our aid to assist her in the perpetration of this great wrong. A court of chancery is said to be a court of . conscience ; and however astute may be the ar- gument introduced to defend this decree, I can only say that neither my reason nor my con- science can give assent to it. Of course I am justly convicted by my brethren of an erroneous use of both ; but I hope I may say, without of- fence, that I am not convinced of it. Mr. Justice Swayne delivered the following opinion: ' I concur with' my brother Grier as to the inca- pacity of the State of Texas, in her present con- dition, to maintain an original suit in this court. The question, in my judgment, is one in relation to which this court is bound by the action of the legislative department of the Government. Upon the merits of the case I agree with the majority of my brethren. I am authorized to say that my brother Mil- ler unites with me in these views. The decree in this case was, on motion of Wil- liam M. Evarts and J. M. Carlisle, suspended in BO far as it affects the rights of any holders or purchasers of the coupon bonds who obtained *ihem in open market, and a re-argument of the case was ordered for October next. The UcCardle Case. No. 223, Deoembeb Teem, 1868. 1 Appeal from the o!p- cuit court of the United States for the southern dis- trict of Missis- , sippi. Mr. Chief Justice Cbaso delivered the opinion of the court. Ex parte William H. MoCardle, appellant. This cause came here by appeal from the cir- cuit court for the southern district of Mississippi. A petition for the writ of habeas corpus was preferred in that court by the appellant, alleg- ina unlawful restraint by military force. The writ was issued, and a return was made by the military commander, admitting the re- straint, but denying that it was unlawful. It appeared that the petitioner was not in the military service of the United States, but was held in custody by military authority for trial before a military commission upon charges founded upon the publication of articles alleged to be incendiary and libelous, in a newspaper of which he was editor. Upon the hearing the petitioner was remanded to the military custody ; but upon his prayer an appeal was allowed him to this court, and, upon filing the usual appeal bond for costs, he was ad- mitted to bail upon recognizance, with sureties, conditioned for his future appearance in the cir- cuit court, to abide by and perform the final judgment^of this court. A motion to dismiss this appeal was made at the last term, and, after argument, was denied A full statement of the case may be found in the report of this decision;* and it is unneces- sary to repeat it here. Subsequently the case was argued very thor- oughly and ably upon the merits, and was taken under advisement. While it was thus held, and before conference in regard to the decision proper to be made, an act was passed by Oon-- gress,f returned with objections by the Presi- dent, and re- passed by the constitutional major- ity, which it is insisted takes from this court juridiction of the appeal. The second section of this act was as follows : "And be it further enacted, That so much of the act approved February 5, 1867, entitled an act to amend an act to establish the judicial courts of the United States, approved September 24, 1789, as authorized an appeal from the judg^ ment of the circuit court to the Supreme Court of the United States, or the exercise of any such jurisdiction by said Supreme Court on appeals which have been or may hereafter be taken, be, and the same is hereby, repealed." The attention of the court was directed to this statute at the last term, but counsel having ex- pressed a desire to be heard in argument upon Its effect, and the Chief Justice being detained from his place here by his duties in the court of impeachment, the cause was continued under advisement. At this term we have heard argument upon the effect of the repealing act, and will now dis- pose of the case. , The first question necessarily is that of juris- diction; for, if the act of March, 1868, takes away the jurisdiction defined by the act of Feb- ruary, 1867, it is useless, if not improper, to enter into any discussion of other questions. It is quite true, as was argued by the counsel for the petitioner, that the appellate jurisdiction of this court is not derived from acts of Congress.: It is, strictly speaking, conferred by the Consti- *Ex-parte MoOardle, 6 Wall., 318. 1868, 16 U. S. Stat. M. . tAot March 27, 457 tiition. But it is conferred "with such excep- tions, and under such regulations as Congress ehall make." It is unnecessary to consider whether, if Con- greas had made no exceptions and no regulations, this court might not have exercised general ,ap- p,ellate jurisdiction under rules prescribed by itself. For among the earliest acts of the 1st CpngresB, at its 1st session, was the act of Septem- ber 24, 1789, to establish the judicial courts of the United States. That act provided for the organization of this court, and prescribed regu- lations for the exercise of its jurisdiction. The source of that jurisdiction, and the"limita- tions of it by the Constitntion and by statute, have been on several occasions subjects of con- sideration here. In the case of Durousseau vs. The United States,* particularly, the whole mat- ter WM carefully examined, and the court held that, while " the appellate powers of this court are not given by the judicial act, but are given by the Constitution," they are nevertheless "lim- ited and regulated by that act, and by such other acts as have been passed on the subject." The court said further, that the judicial act was an exercise of the power given by the Constitution to Congress " of making exceptions to the appel- late jurisdiction of the Supreme Court." "They have described affirmatively," said the court, " its jurisdiction, and this affirmative description has been understood to imply a negation of the exer- cise of such appellate power as is not compre- hended within it." . The principle that the affirmation of appellate jurisdiction implies the negation of all such ju- risdiction not affirmed having been thus estab- lished, it was an almost necessary consequence that acts of Congress, providing for the exercise of jurisdiction, should come to be spoken of as a^ts granting jurisdiction, and notas acts making exceptions to the constitutional grant of it. ; The exception to appellate jurisdiction in the case before us, however, is not an inference from the affirmation of other appellate jurisdiction. It is made in terms. The provision of the act of 1867, affirming the appellate jurisdiction of this court in, cases of habeas corpus, is expressly re- pealed. It is hardly possible to imagine a plainer instance of positive exception. - We are not at liberty to inquire into the mo- tives of tlie legislature. We can only examine itito its power under the Constitution ; and the power to make exceptions to the appellate juris- diction of this court is given by express words What, then, is the effect of the repealing act upon the case before us? We cannot doubt as to,this. Without jurisdiction the court cannot proceed at all in any cause Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the And this is not less clear upon authority than upon principle. ,Several cases were cited by the counsel for the petitioner in support of the position that juris- aiption of this case is not affected by the repeal- ing act. But none of them, in our judgment, aimrd any support to it. They are all cases of * 6 Cranch, 312; Wiscart vs. Dauchy, 3 Dall., 321. the exercise of judicial power by the legislature, or of legislative interference with courts in the exercising of continuing jurisdiction* On the other hand, the general rule, supported by the best elementary writers,-}- is, tliat "wha« an act of the legislature is repealed, it must be considered, except as to transactions past and closed, as' if it never existed." And "the effect of repealing acts upon suits under acts repealed has been determined by the adjudications of this court. The subject was fully considered in Nor- ris vs. Crocker,! and more recently in Insurance Company vs. Bitchie.J In both of these casex it was held that no judgment could be rendered in a suit after the repeal of the act under which it was brought and prosecuted. It is quite clear, therefore, that this court can- not proceed to pronounce judgment is this case, for it has no longer jurisdiction of the appeal; and judicial duty is not less fitly performed by declining ungranted jurisdiction than in exer- cising firmly that which the Constitution and the laws confer. * Counsel seem to have supposed, if effect be given to the repealing act in question, that the whole appellate power of the court in cases in habeas corpus is denied. But this is an error. The act of 1868 does not except from that juris- diction any cases but appeals from circuit courts under the act of 1867. It does affect the jurisr diction which was previously exercised.|| The appeal of the petitioner in this case must be dismissed for want of jurisdiction. Opinions in the Csesar Griffin Case— Virginia. Opinion OP Chief Justice Chase, May 10, 1869. Circuit court of the United States for the district of Virginia, in the matter of Cffisar Griffin— Petition for habeas corpus. This is an appeal from an order of discharge from imprisonment made by the district judge, acting as a judge of the circuit court, upon a writ of habeas corpus, allowed upon the petition of Caesar Griffin. The petition alleged unlawful restraint of the petitioner, in violation of the Constitution of the United States, by the sheriff of Rockbridge county, Virginia, in virtue of a pretended judg- ment rendered in the circuit court of that county by Hugh W. Sheffey, present and presiding therein as judge, though .disabled from holding any office whatever by the XlVth amendment of the Con- stitution of the United States. Upon this petition a writ of habeas corpus was allowed and served, and the body of the peti- tioner, with a return showing the cause of deten- tion, was produced by the sheriff, in conformity with its command. The general facts of the case, as shown to the district judge, may be briefly stated as fol- lows : The circuit court of Eockbridge county is a court of record of the State of Virginia, having civil and criminal jurisdiction. In this court, the petitioner, Cffisar Griffin, indicted in the *De Chastellux tw. Fairchnd,15 Pa., 18: The State vs. Fleming, 7 Humph., 152; Lewis vs. Webb, 3 GreenOj 326 ; Lanier vs. Gallatua, 13 La. An., 175. tDwarris on Statutes, 538. 1 13 How., 429. §5 Wall., 641. ^Ex parte MoCardle, 6 Wall,, 321. 458 POLITICAL MANUAL. county court for shooting, with intent to kill, was regularly tried in pursuance of his own elec- tion ; and, having been convicted, was sentenced according to the finding of the jury, to imprison- ment for two years, and was in the custody of the sheriff to be conveyed to the penitentiary, in pursuance of this sentence. Griffin ii a colored man; bat there was no allegation that the trial was not fairly conducted, or that any discrimination was made against him, either in indictment, trial, or sentence, on account of color. It was not claimed that the grand jury by which he was indicted, or the petit jury by which he was tried, was not in all respects lawful and competent. Nor was it alleged that Hugh W. Sheffey, the judge who presided at the trial and pronounced the sentence, did not conduct the trial with fairness and uprightness. One of the counsel for the petitioner, indeed, upon the hearing in this court, pronounced an eulogium upon his character both as a man and as a magistrate, to deserve which might well be the honorable aspiration of any judge. But it was alleged and was admitted that Judge Sheffey, in December, 1849, as a member of the Virginia house of delegates, took an oath to support the Constitution of the United States, and also that he was a member of the legisla- ture of Virginia during the late rebellion in 1862, and as such voted for measures to sustain the so-called Confederate States in their war against the United States; and it was claimed in behalf of the petitioner that he thereby be- came, and was at the time of the trial of the petitioner, disqualified to hold any office, civil or military, under the United States, or under any Stale ; and it was specially insisted that the petitioner was entitled to his discharge upon the ground of the incapacity of Sheffey under the AlVth amendment to act as judge and pass sen- tence of imprisonment. Upon this showing and argument it was held by the district judge that the sentence of Ceesar Griffin was absolutely null; that his imprison- ment was in violation of the Constitution of the United States, and an order for his discharge from custody was made accordingly. The general q^uestion to he determined on the appeal from this order is whether or not the sentence of the circuit courtof Rockbridge coun- ty must be regarded as a nullity, because of the disability to hold any office under the State of Virginia imposed by the XlVth amendment on the person who in fact presided as judge in that court. It may be properly borne in mind that the disqualification did not exist at the time that Sheffey became judge. When the functionaries of the State govern- ment existing in Virginia at the commencement of the late civil war took part, together with a majority of the citizens of the State, in rebellion against the Government of the, United States, they ceased to constitute a State government for the State of Virginia which could be recognized as such by the national Government. Their ex- ample of hostility to the Union, however, was not followed throughout the State. In many coun- ties the local authorities and majorities of the people adhered to the national Government; and representatives from those counties soon after as- sembled in convention at Wheeling, and organ- ized a government for the State. Thi^ govern-, ment was recognized as the lawful governmeai of Virginia by the executive and legislative de- partments of the national Government, and this recognition was conclusive upon the judicial department. The government. of the State thus recognized was, in contemplation of law, the government of the whole State of Virginia, though excluded, as the Government of the United States was itself excluded, from the greater portion of the terri-. tory of the State. It was the legislature of the reorganized State which gave the consent of Vir- ginia to the formation of the State of West Vir- ginia. To the formation of that State the consent of its own legislature and of the legislature of the State of Virginia and of Congress was indis- pensable. If either had been wanting, no State within the limits of the old could have been constitutionally formed; and it is clear, that if the government instituted at Wheeling was not the government of the wholeState of Virginia, no new State has ever been constitutionally formed within her ancient boundaries. It cannot admit of question, then, that the government which consented to the formation of the State of West Virginia, remained, in all national relations, the government of Virginia, although that event reduced to very narrow limits the territory acknowledging its jurisdic- tion, and not controlled by insurgent force. In- deed, it is well known, historically, that the State and the government of Virginia, thus organized, was recognized by the national Government, Senators and Representatives from the State oc- cupied seats in Congress, and when the insurgent force which held possession of the principal part of the territory was overcome, and the govern- ment recognized by the United States was trans- ferred from Alexandria to Richmond, it became in fact, what it was before in law, the govern- ment of the whole State. As such it was entitled, under the Constitution, to the same recognition and respect, in national relations, as the govern- ment of any other State. It was under this government that Hugh W. Sheffey was, on the 22d February, 1866, diily appointed judge of the circuit court of Rockbridge county, and he was in the regular exercise of his functions as such when Qiiffln was tried and sentenced. More than two years had elapsed, after the date of his appointment, when the ratification of the XlVth amendment by the requisite number of States was 'officially promulgated by the Sec- retary of State, on the 28lh of July, 1868. That amendment, in its .?d section, ordains that " no person shall be a senator or represent- ative in Congress, or elector of President and Vice President, or hold any office, civil or mili- tary, under the United States, or under any State, who, having previously taken an oath as a mem- ber of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, I shall have engaged in insurrection or rebellion JUDICIAL DECISIONS, ETC 459 against the same, or given aid or comfort to the enemies thereof." Anditia admitted that the officeheld by Judge Sheffey, at the time rf the trial of Griffin, was an office under the Stale of Virginia, and that he was one of the persons to whom the prohibition to hold office prone aaced by the amendment ap- plied. The question to be considered, therefore, is whether, upon asonud construction of the amend- ment, it must be legarded as operating directly, without any intermediate proceeding whatever, Upon all persons within the category of proliibi- tioQ, and as (depriving them at once and abso- lutely of all official authority and power. One of the counsel for the petitioner suggested that the amsudment must be construed with refer- ence to the act of 1867, which extends the writ of habeci corpiLt to a large class of cases in which the provious legislation did not allow it to be issued. And it is proper to say a few words of this 8U£,gestion here The judiciary act of 1789 expressly denied the haneu* of the writ of habeas corpus to priboners not confined under or by color of the authority of t'le United States. Under that act, no person cou£ned under State authority could have the benefit of the writ. Afterwards, in 1833 and 1842, the writ was extended to certain aases, spe- cially described, of imprisonment under State process; and in 1867, by the act to which the counsel referred, the writ was still further ex- tended " to all cases where any person may be restrained of liberty in violation of the Consti- tution, or of any treaty or law of the United States." And the learned counsel was doubtless cor- rect in maintaining that without the act of 1867 there would be no remedy for habeas corpus in the case of the petitioner, nqr, indeed, in anj case of imprisonment in violation of the Consti- tution of tne United States, except in the possi- ble case of an imprisonment not only within the provisions of this act, but also within the pro- visions of some one of the previous acts of 1789, 1833, and 1842. But if, in saying that the amendment must be construed with reference to the act, the counsel meant to affirm that the existence of the act throws any light whatever upon the construc- tion of the amendment, the court is unable to perceive the force of his observation. It is not pretended that imprisonment for shooting with intent to kill is unconstitutionalj and it will hardly be affirmed that the act of 1867 throws any light whatever upon the ques- tion, whether such imprisonment in any partic- ular case is unconstitutional. The case of un- constitutional imprisonment must be established by appropriate evidence. It cannot be inferred from the existence of a remedy for such a case. And, surely, no construction, otherwise unwar- ranted, can be put upon the amendment more than upon any other provision of the Constitu- tion, to make a case of violation out of acts which, otherwise, must be regarded as not only constitutional, but right. We come then to the question of construction. What was the intention of the people of the United States in adopting the XlVth^ amend- ment? What is the true scope and purpose of the prohibition to hold office contained in the third section 7 The proposition maintained in behalf of the petitioner is, that this prohibition instantly, 09 the day of its promulgation, vacated all offices held by persons within the category of prohibi- tion, and made all official acts performed by them since that day null and void. One of the counsel sought to vindicate this construction of the amendment upon the ground that the definitions of the verb " to hold, given by Webster, in his dictionary, are "to stop; lo confine; to restrain from escape; to keep fast; to retain;" of which definitions the author says that " to hold rarely or never signifies the first act of seizing or falling 00, but the net of retain- ing a thing when seized on or cuiiGued." The other counsel seemed lo be embarrassed by the difficulties of this literal construction, and sought to establish a distinction between sentences in criminal cases and judgments and decrees in civil cases. He aSmitted, indeed, that the latter might be valid when made by a court held by.a ju enacted by the same Congress which snbmitt&J this provision of the Constitution to the people;, and for the very purpose of making our duty, so plain that to err would seem impossible. What is called a court rfe/arfo in this c.ise was not, in any proper and legarsense, a court. N07 thing expressly prohibited by the Constitution was ever so called. A court is defined to be " an incorporeal politieal being, which requires for its existence the presence of the judges, ox.e. competent member of them, a clerk, or prothon- otary," &c. There was no judge present at that court, unless a man can be a judge of whom the Constitution declares he shall not be a judge. And I certainly shall never rule that the Consti- tution of this country is impotent, efi'ete, and not to be obeyed. I have neither the will nor the courage to attempt, by a judicial opinion, to over- turn that Constitution which all the rebel armies assailed in vain, and which their cannon, though it shook the continent, could never shake. " If," asks Chief Justice Marshall, " an act of the legislature repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the courts and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it waa a law?" And he remarks: "This would be, to overthrow in fuct what was established in theory ; and would seem, at first view, an absurdity too gross to be insisted on."' So, I ask, if the Constitution has declared tjiat a person disqualified in a certain manner shall hold no civil office, and a person so disqualifiea attempts to exercise the office of judge, shall I hold that his acts, notwithstanding his consti- tutional disqualifications, bind this court, and oblige its judges to give them effect ? And I sajr further, in the language of that illustrious chief justice: "This would be to overthrow in fact what was established in theory, and would seem to be an absurdity too gross to be insisted on.'* Prom the earliest period in the history of the writ of haheat corpus it has been uniformly held, JUDICIAL DECISIONS, ETC. 465 that one of the taost conclusive grounds for dis- charging a prisoner under that great writ was that he was held under color of the authority of a court not of competent jurisdiction, although, ordinarily, the writ would not lie for a prisoner in execution ; yet it would lie for such a pris- oner if the execution issued out of a court not of competent jurisdiclion. Says the great Lord Chief Justice Wilmot, in hi? masterly exposition of the law of habeas corpus, contained in a series of learned and pro- found answers to questions propounded to nim by the house of lords : "If it appears clearly that the act for which the party is committed is no crime, or that it is a crime, but he is committed for it by a person who has no jurisdiction, the court discharges." Nov/, what jurisdiction has s, judge who is de- clared hy the Constitution incapable of being a judge? Not a particle more than judge lynch, a modern committee of vigilance, or a town mob? If he has any jurisdiction, then we have no constitution. Either all his official acts are void, or the Constitution is void. The two cannot both stand valid together; and if this court is bound blindly to consider such a court a court de facto, then this court is not itself a court de facto, but only in name. The reports are full of cases in which proceed- ings of courts have been held to be void because the courts were composed, even in part, of dis- qualified magistrates. In Regina us. The Aberdale Canal Company, the proceedings of the cpmmissioners were held to. be void by the queen's bench of England, be- cause a few, out of a large body of commission- ers, were disqualified by one of the provisions of the statute known as the canal act. (14 Q. B.,854.) In Regina vs. The Cheltenham Commission- ?rs, the proceedings of the commissioners were q^uashed by the queen's bench, "because a ques- tion in the cause had been decided by a court improperly constituted." (12 Q. B., 467.) Indeed, it is an old maxim of law, juaiciim a non suo judice dictum — judgment, if not pro- nounced by the projier judge, is of no effect. : I therefore conclude, that on general and long- established legal principles the petitioner is en- tifiled to his discharge. But our duty in the case j? jiot left to the guidance of general principles, although according to them it would seem to he plain enough. But it is specifically pointed out by the statute — the habeas corpus act of 1867. That act provides, that the "court or judge shall proceed in a summary way to deter- mine the facts in the case, by hearing testimony and the arguments of the parties interested, and if it shall appear that the petitioner is deprived of his or her liberty in contravention of the Consti- tution or laws of the United States, he or she shall forthwith be discharged and set at liberty." /Now, it does appear in this case that the pris- •oner is deprived of his liberty in contravention of the Constitution, and it seems to me that nothing can be plainer than that we must dis- charge him, or violate an act of Congress and our oath of oMoe. Some other points in the argument in opposi- tioD it may be well enough to notice. 30 It is asserted that legislation by Congress ia necessary to give effect to this constitutional provision — that it cannot act "propria vigore." The provision, like that whicli says no bill of attainder or em post facto law shall be passed, is a mere negation. It says no person disqualified, as this pretended judge is admitted to he, shall hold any office, and it no more needs additional legislation for the application of the writ of hai- eas corpus, than legislation i.s needed to under- stand and apply the simplest axioms of Euclid, the ten commandments, or the Lord's prayer. It is said that the character or jurisdiction of the court cannot be examined in a collateral pro- ceeding. But if this is a collateral proceeding I should like to knbw what is a direct one ! we examine nothing but the exact point at issue. The petitioner alleges that he is imprisoned un- der color of authority of an unconstitutional tri- bunal. Under this allegation, which is denied by theopposingparty, certainly thequestion whether it is an unconstitutional tribunals is the direct and only issue and in no sense collateral. The writ of habeas corpus, as it applies to this case, is no collateral proceeding. It demands hj no indirection, but in the most positive and di- rect manner possible, to know whether the peti- tioner is held in confinement by legal authority, and if at the time of the demand it can be shown that he is restrained of his liberty without law- ful, much less constitutional authority, it requires immediate deliverance. It is the people's greal writ of right and liberty, and cannot be abridged or defeated by any forms or pretences of prece- dent, by any legal quibbles, technicalities, or pre- sumptions, which would prevent the most speedy, thorough, and rigid investigation. To the prisoner, loaded with chains or pining within the bolts and bars of the most filthy dun- geon, it proclaims the privilege of a hearing. It says to the jailor: Tyrant, oppressor, and usurp- er, stand back; let me know for what cause and by what authority you presume to hold this man, made in the image of his Maker, in this duranoSi shut from the common air and sunlight bestoweii by almighty Goodness as the common inheritamoa of the human race. In the name of Bunnymede, of British bills of rights, of the revolutions of 1688 aild 1 776, of the laws and Constitution of ~the United States, and of the God of liberty, of law, of justice* and equal- ity, it demands the most thorough investigation of this case, and claims that no imprisonment is legal by any order, eitherof judge lynch, of acom- mittee of vigilance, town mob, or of any person who is not at the time fully qualified to act in soi solemn a transaction as that of imprisoning a fel- low man. And clearlv every man, under constitutional prohibition, is as incapable of rightful, valid, official action as if he was physically dead . Moreover, it is contended that great inconveni- ence will result from the enforcement of theCon- stitution and the laws. That argument is one which I think ought not to be very popular iji^ this community. Whatever incon venienoe may result from the maintenance of the Constitution and'tba laws, I think the experience of the last few years shows that much greater inconvenieace- resuilts from attemptieg their ov«rthraw^ 406 POUTICAI/ MANUAL. Where the wqrds of. tl,e statjite are dear, the argument of inconvenience is only for the legis- latnre, and caitinot fee considered." by the CQUit, ** Argnments drawn from impoliey or inoonve- aience," says Mr. Justice Story, " ought b) hs^ve Uttle weight. The only sound prineiple is to oeclare ita lex ecripia esi-^to follaw an4 to o\iey." (Gonfliot of Laws, 17,) " Where tti« language is clear, and whe^^, of course, the intent is manifest," says Mr. Chief Instice Shaw, " the court is not at liberty to be governed by considerations of inconyenience." pll Pick., 407,) In this case the langaage ef the statute is per-r fectly clear, and the court is not at liberty to he governed by considerations of inconveniencfL > The Constitution declares that "This Coiis^r tntioQ, and the laws and treaties enaicted in pur- suance thereof, shall be the supreme law of th^ land. It does not say that they shall be the sut preme law of the land when they are not found inconvenient. Had it so dQclared, the rebelUoii could have been accomplished without so s;aeh as a resort to arms. As to any inconvenience which may arise, as 19 alleged, from turning. criminals loose upon the community, an intelligent people will place the responsihility for that where it belongs, upon tjiose who have presumed, ia npen deSance of the Constitution, to assume faiictions prohibited to them by thslt instrument, and n@t uppn this court. This eiKcnit, in which the former circuit jud.g«, Mr. Chief Justiee Taney, spent almost his ex- piring breath in defence of the habeas corpus, is the last one in the country in which it should ever be shorn of its efficacy. In thfit moat celebrated case of James Som- merset, published in the Snglish State Trials, Jitord Mansfield well answered ika aiiguntent of ioaonyenience, where it was urged that to dis- eharge the petitioner would be to destroy the commercial supremacy of Great Britain. In that case Charles Stewart, a Virginia |)laiiter, bad, in 1769, just a hundred y^ars ago, ta^en his slave Sommerset to England, where, incited perhaps by some Quaker or abolitionist, the -slave ran away and claimed his freedom. The nest year, when Stewart desired tp sail far America, he caused the slave tp be seissed and put upon a'vessel in the Thames. Lord Mans- field isemed the writ of habeas oorpue, and the «aae, after a second argument, thefi^st not being entirely satiefactory, was decided in favor of the petitiouer. Sergeant Davy closed his masterly «peech in b^ball of liberty in these magnificent words,: "This air is too pure for a slave to l» breathe in." Lord Mansfieldi in his final disposition of the case, on the .22d June, 1772 : " Whatever incon- venience therefore may follow from the depisLou, I cannot say this case is allowed or approved by the laW'Of Qiingland; and, therefore, thp black must.'be. dieobarged." In respectftil imitation of these subliiue author- ities IwiU only add, the soil of Virginia, soaked with so much patriotic blood, poured out in the cause of constitutional, national sovereign- ty, should be fruitful in the products of peace, union, and iraternal .codc^t^, sust^iaing l»w^ abiding men, implicitly oDeying the Constitu- tion of the country, and the proposition that no citizen, however humble, can be deprived of hi| liberty by the action of any pretended judge oj other person in open defiance of a pW^. palpablij, cleajrly defined provision of that Constitution j and 'therefore, in my judgment, the petitionfip should be discharged,. Can a, Ifegro hold OfSoe in C^eoigial Deoisios aud Obinions or the Justice of ths SUPBEME COTJBT O? THAT StAIE. Before announcing the judgnient of the court, Judge McCay said : The case pf feichard W- White, plaintiff iij error, against the State of Georgia, on the rela^ tion of Wm. J. Clements, defendant in error, comes liefors this court on the following states of f^ts: Wm. J. Clements applied to the judge of thp superior court of Chatham county, alleging that, at an election which had .been held in that coun- ty for a clerk Qf the.superior court, be and Rich- ard W. White yieve the sole candidates. Thati Eichard W. White had got a majority of the votes, but that he, Clements., had also got a good many votes, and that no other persons were run- ning. The -petition fflrther stated, that Eichard W, White ha,d been declared elected, and had been eominis^ioned, and was in the actual per- formance of the duties of the office, and that ^chard W. White was a person of color, having e>ne-eigfath or more of African blood in his veins. That, therefore, under " the laws of Georgia, he was ineligible to office; and further, that under the laws of Georgia, as White, the person having the majority of .votes, was ineligible, he, Clem- ents, having received the next highest number of votes, was entitled to the position. He prayed the court for leave to file an information for a qm> warranto. To that petition, of which White was notified, be (White) filed a demurrer. Sub: sequently, however, he withd?;ew the demurrer (p that petition, and the information issued in the name pf the State of Georgia. The court passed an order directing the solicitor genera} for that circuit to make out an information in the name of the State, reciting, in efi['ect, the facts which had been recit.ed in Ciements' petition, aftd calling upon Wliite to show cause why a ma/ndamiis absolute should not issue against hijn, depriving him of the office and putting Clements in. White, at the proper time fixed. by the in-' formation for ansvirering, filed a demurrer to the information, and at the game time filed an an- swer denying that he was a person of color, or that he had one-eighth or more of African blood in his veins. On this the court summoned a jury for the purpose of trying the issue. When the j ury had been sworn, the defendant below (the plaintiff here) called up his demurrer tp the information.. It is stated in the record that the plaintiff, in the information, made no obj.eotion to taking up the demurrer at that time, but consented ; and the opurt heard the metipn, as an independent motion, before the case was submitted to the jury. T^^e ccurt decided that in the argument upon that motipi^-T-liliifkt dejRutrei: — Clementa, JUDICIAL DEOISIOXS, ETC. 467 ■ the movant in the general proceeding, was enti- tled to open and conclude the argument; that, the matter being before the jury, the general rule which gives to the party moving in A de- murrer the right to open and conclude did not apply. The court heard the argument on the demur- rer and overruled the demurrer. The case then went to the jury ou tbe issue of fact, whether or not White had one-eighth or more of African blood in his veins. On the trial there were va- rious questions made as to the testimony. One witness testified that the defendant, Wh'ite, was reputed in the neighborhood to be a colored person. Another witness testified that he (the "witness) was a registrar of voters; that when White registered, he, the registrar, had affixed -Opposite White's name the letter "C," to denote that he was a person of color; that he subse- quently posted tbe lists in a public place, and that they had remained there two or three weeks, without any application having been jnade to him to have that letter "C" erased or Tshanged. It did not appear, however, that there waa any notice to White that this letter "C" had been placed opposite to his name, nor did it appear that it was the law or the practice that, if he had applied to have it corrected, they , would have corrected it ; in other words, that it was the part or the duty of the officer at all to make that entry. At least it has not so been made to appear to us. This evidence was objected to by the defence, bnt admitted by tbe court. The court also ad- mitted as evidence tbe statement by a physician, an examining physician of an insurance com- pany, that at a previous time he had examined White, and had pronounced him a mulatto. There was no testimony by the physician of what hifl opinion was at the time of the trial. The testimony was that at some previous time he had examined him, and was at that previous time of opinion that he was a mulatto. In the farther progress of the trial they pro- posed to introduce a copy of an aj)plication for a life insurance on the life of White in favor of his wife, which application purported to be signed by White. The application does not seem to have a word in it as to whether White was a white man or black man, it gave no indi- cation as to his color; but on the back of it there was an entry, by a person who purported to be an . examining physician, that White was a mulatto. The witness swore at first that he thought'White signed tbe paper, but swore after- wards that I he dMn't know whether White had signed it or ^fhether his wife had signed it for him. Objection was made to this paper on three grounds; one, that it was a copy-paper, though it was proven that the original was in New York ; the other that there was no proof that the original had been executed ; and, third, that inany event thepaper amounted to nothing. Another witness, also a physician, swore that he was a practicing physician, and that hrfhad studied the seience of ethnology ; that that science taught men the rules by which the race of a man was ascertained, and tbis.witness gave his opinion uponitbe point. The court admitted his opinion, that Whit« was a person of colar, as being the opinion of an expert. The case went to the jury on this testimon v. There were some objections to the charge of the court, which yte however have not noticed, because we didn't think the point very ma,terial.. The jury found for the plaintiff in the information. Thereupon the court passed judgment, deposing White frota his position as clerk of the superior court; and declaring that Clements was entitled to hold that office. This case has been argupd before us with a great deal of learning and ability. This court has agreed upon the judgment which it will deliver in this case, but not upon the reasons upon which this judgment is founded. The court all agree that the judgment in the court below ought to be reversed, this court being unanimously of opinion that the court be- low erred in various of its rulings on the trial and on the question of the argument on the de- murrer. A majority of the court*-the chief justice and myself— agree in the judgment that the court below erred in overruling the demurrer, it being our opinion that, under the Code of Georgia, a person of color is eligible to office in Georgia. My brother Brown, however, and myself do not exactly agree upon the groundi upon which we base that judgment. The statutes of the State of Georgia require that the court shall agree in the decision which it makes— »the principle upon which it puts the case which it decides; and as my brother Warner, whilst he agrees to the general judgment, puts his opinion upon one set of grounds, and my brother the chief justice puts his upon another, while I put mine upon a third, we are unable to agree upon a statement of the general principles upon which we put our judg- ment. Hence, under the statute, we shall each give a statement of the grotfnd upon which we assent to the judgment of this court. I will, therefore, now read the grounds upon which the whole court bases its decision, the ground upon which the majority of the court bases its decision, and I shall also announce the principles upon which I myself hold that the court below erred. As this is a case of a good deal of public im- portance, involving not only the Tights of the defendant and this plaintiff in error, but of a very large portion of the people of this State, and one in Which there is a great deal of interest taken, I have reduced to writing, in detail, my opinion; and I Will preface the reading of the judgment of the "whole court and of the majority of the court with some written remarks, pre- ferriBg to do that rather than make a parol introduction. ' Whatever may have been, under the Consti tution of the United States, the abstract truth as to the political' condition and status, of the peo- ple of Georgia at the close of the late war, from the stand-point of a mere observer, it seems to me perfectly conclusive that the several branches of the present 'State government are shut up in the doctrine that the constitution and frame of civil government in existence in this State on the Ist of January, 1861 , with all its disabilities and restrictions, was totally submerged in the great revoltition which from 1861 to 1865 swept 468 POLITICAL MANUAL. over the State. Early in Tune, 1865, the gov- ernor of 1860 was in prison at Washington, and there was not in the whole Stale a single civil officer in the exercise of the functions of his office. The whole body lately acting had been chosen under the laws of the Confederate States, and the incumbents of 1860 had all either died or resign- ed or renounced their positions as officers under the Consitution of the United States, by swearing fealty to the confederacy and repudiating the Government of the Union. The people of the State were, in the language of the President, without civil government of any kind — in anarcliy. The State, as a State of the fedei-al Union, still existed, but without any frame of civil government regulating, restrain- ing, and directing the exercise of its functions. From that time until the present State govern- ment went into operation, the government of the State was, with more or less completeness, in the hands of the military authorities of the United States, and the entire ancient civil polity of tlie State was totally ignored. Directly in the teeth of the old constitution, the people of color were recognized as freemen, and as entitled to equal legal and political rights with the whites. The convention of 1867 met under the laws of the United States, and was elected and composed in total disregard of all the provisions and pre- sumptions, qualifications, disqualifications, and distinctions of the old organization. The black people participated in its election and in its composition on eqnal terms, in theory at least, with the white, and nothing can to my mind be plainer, than that by the whole theory then acted upon they were recognized Jis form- ing an integral part of the sovereign people then assembled in convention to form for their com- mon benefit a constitution and frame of civil government. Such being the facts of the case, it appears to me that this court, deriving its whole authority from the constitution then framed, and sworn to support it, is, from the very nature of the case, absolutely prohibited from recognizing,' as then or now in force, either the constitution of 1860 or 1865, or any of the legal or political disabili- ties or distinctions among the people dependent upon them or either of them. The convention met under the laws of the United States to form a constitution for a peo- ple without civil government. It had nothing to repeal, nothing to modify, nothing to grant. None of the old constitutions of the State were at the time in operation — the convention met under entirely new ideas and new presumptions. It represented a new peo- ple — a people- among whom slavery had ceased, and among whom black people as well as white were recognized as forming part of the political society, an3 entitled to equal participation in its rights, privileges, and immunities. . It is not necessary, for the purposes of this ar- fument, that this theory shall be proven to have een a legal one under the Constitution of the United States. It is sufficient to state that it is true as a fact, and that the present state govern- ment is based upon it. If, -vrhen the convention met in December, 1867, the ancient, constitution pf the State or any of its legal or political di,»abilities or dis- qualifying distinctions upon persons of color, were of force, then the convention itself was il- legal, the present state government is illegal, this court is illegal? His honor the chief justice has his proper place in the executive chair, my respected associate and myself are private citi- zens, the plaintiff in error is a slave, and the whole political history of the State, since the im- prisonment of Governor Brown, in June, 1865, a gigantic illegality. I am aware that a very large class of oui most intelligent people so at this moment hon- estly believe: to them this argument is not di- rected. But it seems to me that to a judge, hold- ing his office under the present State governmeflt, forming an essential part of its machinery, these 'views must be of overwhelming force. If jhe assumes the power to decide at all, he must.it seems to me, oase his judgment upon principies which do not, if adopted in his own case, ut- terly subvert his own authority. I make these remarks with the greatest def- erence to the integrity and to the sound leg^,! acumen of my associates. Honest men see things in ditferent lights, and it is as presump- tuous as it is uncharitable for one man to set up his convictions as the necessary guide of the con- science of another. These are my convictions, and as a matter of course I must act upon them, and accordingly, under the rules prescribed by the statute, 1 announce, as the general princi- ples controlling my judgment in this case, the following : By the whole court : 1. The statement of a registrar of voters that he had marked a registered person's name with a "C." to denote that he was colored, and had posted his lists for some time in a public plac3, and that no application had been made to have the said " C" erased, is no evidence that the per- son is a colored person, it not being shown that the person knew of the entry and that it was the subject of correction. 2. Although a copy of a paper proven to be beyond , the juripdiction of the court is good secondary evidence of its contents, yet it must be shown that the original was duly executed. 3. An application for a life insurance, though signed by the applicant, upon the back of which was an entry by the examining physician that the applican^t was a mulatto, is no evidence, un- less it be proven that the person signed the paper after the entry on it was made by the physician, and with knowledge of the entry and with intent to adopt it, or that he used the paper after the entry was made with a knowledge that such entry was there. 4. The statement by an examining physician that he had at a certain time examined a person, and had then been of the opinion that the per- son was a mulatto, is not evidence. If the physician is an expert, he must give his present opinion, and if not, he must state the facts upon which he bases his opinion. Whether or not one is a person of color, that is, has African blood in his veins, is matter of opinion, and a witness may give his opinion, if he states the facta npon which it is based. But whether the JUDICIAL DECISIONS, ETC. 469 fact tliiit be has one- eighth or more of such blood be matter of opinion or not, query? 5. One who testifies that he has studied the Boienbe of etlinolo-'y may give his opinion as an expert on the question of race, its weight is iox the jury. ,, Pedigree, relationship, and race may be proven by evidence of repv;tatix)n among" those who know the person whose ped'gree or race is in question. The whole court agree upon those proposi- tions. The majority of the court agree upon this proposition : Where a quo warranto was issued charging that a person nplding an ofSpe was in- eligible when chosen because of his having in his veins one-eighth or more of African blood, and there was a demurrer to the information, as well as an answer denying the fact, upon which denial there was an issue and a trial before the jury: held, that, by the Code of Georgia, a per- son having one-eighth or more of African blood in his veins is not ineligible to office in this State, and it was error in the court to overrule the demurrer and to charge the jury that if the plaintiff proved the defendant to have one- eighth or more of African blood he was ineli- gible to office in this State. Whilst I agree that the Code of Georgia — the law of Georgia, as separate from the constitu- tion — does make persons of color eligible to ;bffice, my opinion is that eligibility is guaran- teed by the constitution nf the State; and I an- nounce these propositions as the general princi- ples upon which my opinion is bajed : 1st. The constitution of Georgia, known as , the constitution of 1868, is a new constitution, made by and formed for a people who at the time were by the facts of the case and by the laws of the United States without any legal civil government; and as the people of Georgia, without regard to past political distinctions, and without regard to distinctions of color, partici- pated on equal terms in the election for the convention and in its composition and delibera- tions, as ^ell as in the final ratification of the constitution it framed, in the construction of that constitution, and in the .investigation of what rights it guarantees or denies, such distinc- tions are equally to be ignored. 2d. The rights of the people of this State, white and black, are not granted to them by the constitution thereof. The object and effect of that instrument is not to give, but to restrain, deny, regulate, and guarantee rights; and all persons recognized by that constitution as citi- zens of the State have equal legal and political rights, except as otherwise expressly declared. ' ■ 3d. It is the settled and uniform sense of the _word " citizen," when used in reference to the citizens of the several States of the United States and to their rights as such citizens, that it describes a person entitled to every right, le- gal and political, enjoyed by any person in that State, unless there be some express exception, made by positive law, covering the particular person, or class of persons, whose rights are in question. 4th. Words used in a, statute or constitution have their ordinary signification, unless they be words of art, when they have the sense placed upon them by those skilled in the art, or unless their meaning be defined and fixed by law ; in which latter case the legal meacing must pre- vail. 5th. By the 1648th and 1649th sections oi Irwin's Revised Code, it is expressly declared, that among the rights ofcitizens is the right to hold office, and that all citizens are entitled to exercise all their rights as such, unless expressly prohibited by law ; and as the constitution of 1868 expressly adopts said Code as the law of the State, when that constitution uses the word " citizen," it uses it in the sense put upon it by the express definition of the Code it adopted. 6th. Article . 1 and section 2 of the constitu- tion of 1868 expressly declares that all per- sons born in the United States, or naturalized therein, resident in this State, are citizens of this State ; and as the Code adopted by the con- vention in express terms declares that among the rights of citizens is the right to hold office, a colored person born in^.he United States, and residei^t in- this State, is by that section of the constitution guaranteed eligibility td office, ex- cept when otherw'ie prohibited. 7th. Nor would tha repeal of those sections of the Code or their alteration deprive a colored person of the right thus guaranteed, since it is a settled rule that it is not in the power of the legislature to divest a right or change a consti- tutional guaranty by altering the legal meaning of the word by which that guaranty was made. 8th. The right' to vote involves the right to be voted for, unless otherwise expressly pro- vided, since it is not to be presumed, without an express enactment, that the principal is of ' less dignity or rights than the agent. . 9th. There being in the constitution of 1868 various special disqualifications of electors for particular ofBces, and four separate sections de- tailing disqualifications for any office, and a black skin not being mentioned as one of these disqualifications, under the rule tha,t the ex- pression, &c., of one thing is the exclusion of others, persons of color electors are not disqual- ified from holding office. 10th. There never has been in this State, at any period of its history, any denial in terms of the right to vote or to hold office to colored persons, as such. By the old law, they were either slaves or free persons of color, and these rights were denied them, by declaring that they were not and could not be citizens of the State; and when article 1 section 2 of the constitu- tion of 1868 recognized them as citizens, the right to vote and to hold office, except as other- wise provided by the. co'nstitution, was, ex vi termini, also guaranteed to them. 11th. Ineligibility to office involves not only the denial to the person claiming the place the right to be chosen, but, what is of far greater moment, the right of" the selecting power to choose ; and to make out a case" of ineligibility there must be such a state of affairs as estab- lished not only the want,.of power to be chosen, but a denial of power in the selecting party to choose. 12th. The people of a State, in their collective capacity, have every right a political society 470 POLITICAL MANUAL. can have, excepf such aa tbej- have conferred upon the United StStea, or on some department of the State governmeiit, or ha76 expressly de- nied to themselves by their constitution ; and as the right to select a public officer is a political right, the people, or that branch of the govern- ment clothed by the constitution with the power to choose, may select whomsoever it will, unless the right to choose a 'particular person or class of persons is expressly taken away by the con- stitution. — Chief Justice Brown then r^ad from his writ- ten opinion, as foUowp: The view which I take of the rights of the parties litigant i) thiB ease, umdeir the Code of tjeorg'a, renders it unnecessary for me to enter into an investigation of the question, whether the XiVth amendment of the Constitutirn of the Uni 'id States, or the second section of th« fijet article of the eoostitution of Georgia, which in substance is iilentical with the XIV th amend- ment, confers upon color€d citizens the right to hold office. If the respondent in this case acquires the right by grant found in either of the said Constitutions, or in the Code of this State, it is sufficient for all the purposes of the case at bar, and entitles him to a reversal of the judgmeot of the court below, which was advsrse to his right. The third paragraph of the 9th article of the constitution of this ^tate adopts, in subordina- tion to the Constitution of trie United States and the laws and treaties made in pursuance thereof, and in subordination to the savd consti- tution of this Statft, the " body of laws known as the Code of Georgia, and the acts amendatory thereof, which said Code and acts are embodied in the printed book known as Irwin's Code," "except so much of the said several statutes, Code, and laws, as may be inconsistent with the supreme law hereiu recognized." The Code, section 1646, classifies natural per- sons into four classes: Ist, citizens; 2d, resi- dents; 3d, aliens; 4th, persons of color. Section 46 of the Code declares that all white persons born in this State, or in any other State of this Union, who are or may become residents of this State with the intention of remaining herein ; all mhite pec&ons iiaturaliaed under the laws of the United States, and who are or may become residents of this State with the inten- tion of remaining herein ; all persons who have obtained a right to citizenship under former laws, and all children, wherever born, whose father was a citizen of this State at the time of the birth of such children, or in case of posthu- mous children at the time of his death, are held and deemed citizens of this State. By the Code the distinction is therefore clearly •drawn between citizens who are white persons and persons of color. lu other words, none are citizens under the "printed book known' as Irwin's Code" but white parsons. Having specified the class of persons who ar6 citizens, the Code proceeds, in seetion 1648, to define some of the rights of citi- zens, as follows: "Among the rights of citizens are the enjoy- ment of personal security, of personal liberty, private property and the dispositiott thereof, the elective Iranchise, tM rigki to- held ojtcti to- appeal to the courts, to testify as a witness, to perform any civil function, and to keep and bear arms." Section 1649 declares that "All citizens are entitled to exercise all their rights as such un- less specially prohibited by law. ' ^ Section 1650 prohibits females from exercisingj the elective franchise or holding civil office. Section 1651 prohibits minors from the exer- cise of civil functions till they are of legal age. Sections 1652 and 1653 prohibit certain qrimifr nals; and persons tion compos mentis, from exer- cising certain rights of citizens. Article 3, obapter 1, title 1, part 2, of the Code, defines the rights of the 4th class of natural per- sons, designated aa persons of color, giving them the right to make contracts ; sue and be sued, give evidence, inherit, purchase and sell proper- ty; and to have marital rights, security of per- son, estate, &c., embracing the usual civil rights of citizens, but does not confer citizenship. ThtB the Code stood prior to its adoption by the new constitution. As already shown, it was adopted in subordiv nation to the constitution, and must yield to the fundamental law whenever in conflict with it. In BO far as theCbde had conferred rights on the colored race, there is no conflict and no repeal. The constitution took away no right then pos- sessed by them under the Code, b .t it enlarged their rights, as defined in the Code, by conferring upon them the right of citizenship. It trans- ferred them from the 4th class of natural per- sons, under the above classification, who were denied citizenship by the Code, to the 1st class, as citizens. The 46th section of the Code limited citizen- ship to white persons. The constitution struck out the word white, and made all persons born or naturalized in the United States, and iresident in this State, citizens, without regard to race of color. It 90 amended section 46 of the Code as greatly to enlarge the class of citizens ; but it repealed no part of section 1648, which defines the rights of citizens. It did not undertake to define the rights of a citizen. It left that to the legislature, subject to such guarantees as are contained in the con- stitution itself, which the legislature cannot taks away. It declares expressly that no law shall , be made or enforced which shall " abridge the privileges or immunities of citizens of the Uni- ted States or of this State." It is not necessary to the decision of this case to inquire what are the "privileges and immunities of a citizen which are guaranteed by tbe XlVth amendment to tbe Constitution of the United States and by thei constitution of this State Whatever they may be, they are protected against all abridg- ment by legislation. This is the full extent of tbe constiitutional guaranty. All rights of the citizen not embraced within these terms, if they do not embrace all, are subject to tbe control ol the legislature. Whether the "privileges and immunities " of the citizen embrace political rights, including the right to hold office, I need not now inquirei. If they do, that right is guaranteed alike by tha Consititiiitionr of the United States, and the oon- Btitntion of Georgia, and is beyond the control JUDICIAL DECISIONS, ETC. 471 of legislation. If not, that right is subject to the control of the legislature, as the popular voice •may dictate; ana in that case the legislature would have power to grant or restrict it at pleas- ure, in case of white persons as well as of per- sons of color. The constitution of Georgia has tone as far as the XlVth amendment has gone, ht no farther. An authoritative construction at the XlVth amendment by the Supreme Court bf the United States upon this poiat would be dually binding as a construction of the consti- ttition of the iStalfe of Georgia, which is in the same words. Georgia has coihplied fully with the terms dictated by Congress in the formation of her cohstitution. She has stopped nothing short, and gone nothing beyond. Tbe highest judicial kibunal of the Uniou will nu doubt iinally set- tle the meaning of the terins "privileges and immunilies" of the citizen, which legislation can- not abridge; and the people of Georgia, as well as those of all the other States, must conform to, and in good faith abide by, and carry out, the decision. All the rights, of all the citizens of every S;ate, which are included in the phrase "privileges and immunities," are protected Sgainst legislative abridgnjent by the funda- iiiental law of the Union. Those not so em- braijed, unless included within some other con- etitutional guarantee, are subject to legislativts action. These same rights which the XlVth amendment to the Constitution of the United States confers upon, and guarantees to, a col- ored citizen of Ohio, are conferred upon and gbatanteed to every colored citizen of Georgia, ojr the same amendment, and by the constitu- t&h of tbe State, made in conformity to the teconstruction acts of Congress. Whatever may or may not be the privileges ^hd immunities guaranteed to the colored race by the Constitution of the United States and of this State, it cannot be questioned that both Constitutions make them citizens. And I think ii very clear that the Code of Georgia, upon which alone I base this opinion,, which is bind- ing npon all her inhabitants while of force, con- firs upon all her citizens the right to hold office, unless they, are prohibited by some provision found in the Code itself. I find no such prohi- bition in the Codd afiedting the rights of this fefspondent. I am, therefoi'e, of the opinion that ^e judgment of the court below is erroneous, and I concur in the jiidgment of i-eversal. Digesting Otrsros of Judge Hieam Waenee. , The defendant is a person pf color, having, as She record states, one-eighth of negro or African felood in his veins, who claims to be lawfully en- titled to hold and exercise the duties of the office bf clerk of thosuperiorcourt of Chatham county, and the question presented for our consideration arid judgment is, whether a person of color, of the description mentioned in the record, is legally ejititled to hold office in this State, under the coii- stitntidn and laws thereof? The XlVth amendment to the Constitution of the United States dedlares that " all persons born or naturalized in the United States, and stibject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." Tbe constitution of this State declares that " all persons born or naturalized in the United States, and resident in this State, are hereby de- clared citizens of this State, and no laws shall be made or enforced which shall abridge the privi' leges or immunities of citizens of the United States, or of this State." From the time of the adoption of the XlVth amendment and the adoption and ratification of the constitution of this State in 1868, the defendant became (notwithstanding his color and African blood) a citizen of the United States and of this State, and is entitled to have all the privileges and immunities of a citizen. Does the fact that the defendant was made a citizen of the State, with all the privileges or immunities of a citizen thereof, confer upon him the legal right to hold office in this State as such citizen? When we take into consideration the definition and object of cre%tiilg an office, and by what authority it is conferred npon a citizen, the distinction between the privileges and immu- nities of a citizen, as such, and his right to hold office, will be at once apparent. It will be seen that the privileges and immunities of a citizen, as ^ncb, is one thing, and that his legal right to hold office as such citizen, under the authority of the State, is another and quite a difierent ques- tion. What is an office ? "An office," says Ba- con, " ia a right to exercise a public function or employment, and to take the fees and emolu- ments belonging to it. An officer is one who is lawfully invested with an office. It is said that the word officium principally implies a duty, and in the next place the charge of such duty, and that it is a rule that, where one man hath to do with another's affairs against his will, and with- out his leave, that this is an office, and he who is in it is an officer. By the ancient common law officers onght to be honest men, legal and sage, et qui melius sciant et possint officis in in- tendre^ and this, says my Lord Coke was the policy of prudent antiquity, that officers did even give grace to the place, and not the place only to grace the officer." (7th Bacon's Ab., 270, title Offices and Officers.) Blackstone says, the king, in England, is the fountain of honor and of office, and the reason given is, that the law supposes that no one can be so good a judge of an officer's merits and services as tbe king, who employs him. "From the same principle also arises the pre- rogative of creating and disjiosing of offices, foi: honors and offices are in their nature convertible and synonymous. All officers under the crown carry, in the eye of the law, an honor along with them, because they imply a superiority of parts and abilities, being supposed to be always filled with those that are mo-'t able to execute them." (1 Bl. Com., 271, 272.) Officers, says Blackstone, have a right to exercise a pablio or private em- ployment, and to take the fees and emoluments thereunto belonging, and are also incorporeal hereditaments. (2 Bl. Com., 36.) All citizens of the State, whether white or col- ored, male or female, minors or adults, idiot or lunatic, are entitled to have all the privOegl^ 472 POLITICAL MANUAL. and immunities of citizens, but it does not follow that all of these different classes of citizens are entitled to hold office under the public authority of the State because the privileges and immuni- ties of citizens are secured to them. The State in this country, as the crown in England, is the fountain of honor and of office, and she who de- sires to employ any class of her citizens in her service is the best judge of their fitness and qualifications therefor. An officer of the State, as we have shown, "hath to do with another's affairs against his will and without his leave," and such officer must have the authority of the Sta,te to perform these public duties against the will of the citizen and without his leave' This authority must be conferred upon the citizen by some public law of the State from that class of her citizens which, in her judgment, will best promote the general welfare of the State. The right to have and enjoy the privileges and im- munities of a citizen of the State does not confer upon him the right to serve the State in any official capacity until that right is expressly f ranted to him by law. Mr. Justice Curtis, in is dissenting opinion in the case of Dred Scott V. Sanford, 19 How., pp. 3 and 5, says: "So in all the States, numerous persons, though citi- zens, cannot vote or cannot hold office, either on account of their age or sex, or the want of the necessary legal qualifications." (Corfield v. Cor- yell, 4 wash. C. C. Rep., 1 and 3, to the same point.) The defendant, therefore, cannot legally claim any right to hold office either under the XlVth amendment of the Constitution of the United States or the constitution of this State, which make him a citizen, and guarantee unto him the privileges or immunities of a citizen, for he may well have and enjoy all the privileges and im- munities of a citizen in the State without hold- ing any office, or exercising any public or official duty uiider the authority of the State. The privileges and immunities of a citizen of the State do not confer the legal right to hold office under the public authority of the State and receive the emoluments thereof. Does the Eublic law of theState, recognized and adopted y the constitution of 1868, (known as Irwin's Code,) confer upon the defendant the legal right to hold office in this State? The Code took effect as the public law of this State on the 1st day of January, 1863. By the 46th section thereof it is declared, " All white persons born in this State, or in any other State of this Union, who are or may become resi- dents of this State, with the intention of remain- ing hferein; all white persons naturalized under the laws of the United States, and who are or may become residents of this State, with the intention of remaining herein; all persons who have obtained a right to citizenship under former laws; and all children wherever' born whose father was a citizen of this State at the time of the birth of such children, or in case of posthu- mous children at the time of his death, are held and deemed citizens of this State. Persons having one-eighth or more of negro or African blood in their veins are not 'white persona in the moaning of this Code. The 1646th section declares, that ' Natural persons are distinguishtd according to their rights and status, into, Ist, citizens; 2d, residents, not citizens; 3d, aliens; 4th, persons of color." ■ . • The persons to whom belong the rights cf citizenship and the mode of acquiring and losing the same have been specified in a former article, (referring to article 46, before cited.) Among the rights'of citizens are the enjoyment of personal security, of personal liberty, privatei property and the disposition thereof, the elective franchise, the right to hold office, to appeal to the courts, to testify as a witness, to perform any civil function, and to keep and bear arms- All citizens are entitled to exercise all these rights, as such, unless specially prohibited by law. (Sections 1647, 1648, 1649, 1650, 1651, 1652, 1653 of the Code.) It will be remembered that, at the time of the adoption of the Code, in 1863, the defend- ant was not a citizen of this State, and was not recognized by the Code as a citizen thereof. By the 1646lh section the status of the defendant is defined to be that of a person of color, and not that of a citizen. . ; The revised Code, adopted by the constitution of 1868, includes the act of 1866, which declares that "all negroes, mulattoes, mestizoes, and their descendants, having one-eighth of negro or Af- rican blood in their veins, shall be known ia, this State as persons of color," and especially; defines their legal rights, but the right to hold" office is not one of them. (Revised Code, sec- tion 1661.) It is true that since the adoption of the Code the defendant has been made a citizen, but £^11 the legal riglits conferred upon citizens by the Code were conferred upon that class of persons only who are declared and recognized W the Code as citizens of the State at the time of its adoption. When the Code declares that ic shall be the right of a citizen to hold office, such right - is confined to that class of persons who are recognized and declared therein to be citizens of the State, and not to any other class of per- sons who might thereafter become citizens. So, where the Code declares that "all citizens are entitled to exercise all their rights as such, un- less prohibited by law," it is applicable to thai- class of persons only who were declared to be citizens of the State at that time, and not to any other class of persons who might thereafter be made citizens of the State, such as Chinese^ Africans, or persons of color. The truth is that the public will of the State has never been- expressed by any legislative enactment in favoi of the right of the colored citizen to hold" office in this State since they became citizens thereof. Although these several classes of persons might be made citizens of the State, with the privileges and immunities of citizens, still they could not legally hold office under the authority of the State until that right shall be conferred upon them by some public law of the State, subse- quent to the time at which they became citizens,, so as to include them in its provisions. The pub- lic will of the State, as to the legal right of that, class of her citizens to hold office, has never been,, affirmatively expressed; but, on the contrary,- ' when the proposition was distinctly made in the convention Yrhioh formed the present constitu- JUDICIAL DECISIONS, ETC. 473 tion to confer the right upon colored citizens to hold office in this State, it was voted down by a large majority. (See Journal of Convention' p. 312.) So far as there has been any expression of the public will of the State as to the legal right of that class of citizens known as colored citi- zens, and since they became such, to hold office in this State, it is'against that right now claimed by the defendant. The insurmountable obstacle in the way of the defendant claiming a legal right to hold office in this State under the provisions of the Code is the fact that he waa not a citizen of the State at the time of its adoption. The class of persons to which he belongs were not recognized by it as citizens, and therefore he is not included in any of its provisions which confer the right to hold office upon the class of citizens specified in the Code. The Code makes no provision whatever for colored citizens to hold office in this State; all its provisions apply exclusively to white citi- zens and to no other class of citizens. The convention which framed the present State constitution, and declared persons of color to be citizens, could have conferred the right upon them to hold office, but declined to do so by a very decided vote of that body, and went before the people claiming its ratification upon the f round that colored citizens were not entitled to old office under it; and there can be no doubt that the people of the State voted for its ratifi- cation at the Dallot-box with that understanding. But now it is contended that the defendant, though a colored person, is made a citizen of the State and of the United States, and that no en- abling act has ever been passed to allow a natu- ralized citizen to hold office in this State when be possessed the other requisite qualifications pre- scribed by law ; that the defendant, having been made a citizen of the State, is entitled to hold office in the same manner as a naturalized citizen could do. The reply is, that naturalized citizens were white persons, and as such had a common- law right to hold office — a right founded upon immemorial usage and custom, which has existed so long that " the memory of man runneth not to the contrary." The 1644th section of the Code simply affirms the common law as to the right of a white citizen to hold office in this State. No snoh common-law right, however, can be claimed in this State in favor of persons of color to hold office. Tbej have but recently become entitled to citizenship, and have never held office in this State. In 1B48, in the case of Cooper and Wor- Bham against The Mayor and Aldermen of the City of Savannah', (4 Ga. Beps, 72,) it was unani- mously held and decided by this court, that free persons of color were not entitled to hold any civil office in this State. The naturalized white citizen can claim his common-law right to hold office in this State; the colored citizen cannot claim a!ny such common-law right, for the rea- Ron that he has never exercised and enjoyed it; and that constitutes the difference between the legal right of a naturalized white citizen to hold office in this Slate, and a person of color who has recently been made a citizen "since the adoption of the Code, and who is not embraced within its provisions." The one can claim his common-law right to hold office in the State, the other cannot; and until the State shall declare by some legislative enactment that it is her will and desire that her colored citizens shall hold office under her author- ity, they cannot claim the legal right to do so, for we must not forget that the St-ate is the fountain and parent of.ofece, and may confer or refuse to confer the right to hold office upon any class of her citizens she may think proper and expedient. When a new class of persons are introduced into the body politic of the State and made citi- zens thereof, who cannot claim a common-law right to h"!d office therein, it is incumbent on them to show affirmatively that such right has been conferred upon them by some public law of the State since they were made citizens thereof, to entitle them to have and enjoy such right. In other words, they must show the public law of the State enacted since they became citizens thereof, which confers the legal right claimed, before they can demand a judgment of the court in favor of such legal right. All male white citizens S( the State, whether native born or naturalized citizens, (having the necessary legal qualifications,) have a common- law right to nold office in this State; and, in or- der to deprive them of that common-law right, a prohibitory statute is necessary. A naturalized citizen had a common-law right to hold the office of President of the United States; hence the pro- hibition in the Constitution of the United States. But colored citizens of the State, who have re- cently been made such, cannot claim a common- law right to hold office in the State,- as no pro- hibitory statute is necessary to deprive them of aright which they never had under the common or statute law of the State. When, therefore, it is said that colored citizens have the right to hold office in the State, unless specially pro- hibited by law; it must, be shown affirmatively that they had previously enjoyed that right, ff they cannot show their right to hold office in the State, either under the common law, the consti- tution, or statutes of the State, the fact that they are not specially prohibited from exercising a right which they never had amounts to nothing, so far as investing them with the right to hold office is concerned. When and where and by what public law of the State was the legal right to hold office there- in conferred on the colored citizens thereof? If this question cannot be answered in the affirma- tive, and the legal authority under which the right is claimed cannot be shown, then the argu- ment, that inasrnuch as there is no special pro- hibition in the law against the right of colored citizens to hold office, falls to the ground. If there was no existing legal right to hold office to be prohibited, the fact that there is no prohi- bition does vnot confer such legal right. There was no legal necessity to prohibit that which did not exist. It is .ot the business or duty of courts to make the laws, bat simply to expound and en- force existing laws which have been prescribed by the supreme power of the State. After the most careful examination of this question, I am dearly of the opinion that there is no existing law of this State which confers the right upon the colored citizens thereof to hold 474 POLITICAL MANUAL. office therein, and, consequently, that the defend- ant has no legal right to hold and exercise the duties of the office which he claiBis under her authority, and that the judgment of the court below, overruling the demurrer, should be af- firmed. Intermaiiiage of White and Colored Persons in &eorgia> Opiniou op the Supbeme CoraT OF THAT StaIb. Charlotte Scott, plaintiff in error vs. The State of Geor- gia, defendant in error. Indictment for adultery and fornication, from Dougherty county; Brown, C. I., delivering the opinioii. The record in t'ri^a case presents a single ques- tion for the consideration and adjudication of this court: Have white persons and persons of color the right, under the constitution and laws of Georgia, to intermarry, and live together in this State as husband and wife? The qu^tion is distinctly made, and it is our duty to meet it fairly and dispose of it. The Code of Georgia, as adopted by the new eonstitution, sebtion ITOTj forever prohibits the marriage relation between the two races, and declares all such marriages null and void. With the policy of this law we have notbitig to do. It is our duty to declare what Ihe Ijiw is, not to make law. For myself, however, I do not hesitate to say that it was dictated by wise statesmanship, and has a broad and solid foun- dation in enlightened policy, sustained by sound reason and common sense. The amalgamation of the races is not only unnatural, but is alvrstys productive of deplorable results. Our daily ob- servation shows us that the offspring of these unnatural connections are generally sickly and effeminate, and that they are inferior in physical development and. strength to the full blood of either race. It is sometimes arged that sach marriages should be encouraged for the purpose of elevating the inferior race. The reply is, that such connections never elevate the inferior race to the position of the superior, but they bring dov. n the superior to that of the inferior. They are productive of evil and evil only, without Any co-'esponding good. I dc not propose to enter into any elaborate dis- cussion of the qdestion of policy at this timd, but only to express my opinion aftbr mature consid- ^ation and reflection. The power of the legislature over the subject- matter, when the Code Was adopted) will not, I suppose, be questioned. The legislature cer- tainly had as much right to regulate the marriage relation, by prohibiting it between persons of different races, as they had to prohibit it be- • tween persons within the levitieal degrees, or between idiots. Both are necessary and proper regulations. And tlie regulation now under con sideration is equally so. But it has been urged by the learned ooumeel for the plaintiff in error, that the section of the Code under consideration is in conflict with the eleventh serftio-i of the first article of the con- stitution of this State, which declares that " the social status of the citizen shall never be the subject of legislation." In so far as the marriage relatioh is connected *ith the social status, the very reverse is trn4 That section of the constitution forever pro;- hibits legislation of any oharaoter reguiaifn^ o*r interfering with tire social stains. It leaves social rights and Status wnere It fi'nds them It prohibits the legislature froffl repealing anv laws in existence which proteSli -persons in the free regutation among themselves of matters properly termed sodial, and it ars6 prodibits the enactmeiit of kbj lie* laws on that subject in future. As illustrations, the laws in force when tne constiiutiou was adopted left the churches id this State free to regulate matters connectfed with social status in their congregations s^ they thougllt proper. They could say whd should eater their churcili edifices and ocotipjr seats, ^nd in what brdfer they should be classi- fied or seated. They could say that females shotrl'd sit ia one part of the church and mal6S in another! and that persons of color should, il they attendsdy occupy such seats as were set apart for them. In all this they Were protected by the common laW of this State. The new Cbli- stitntion forSver guarantees this protection, by denying to thfe legislature the power to pasS any law withdrawing it or regulating the social status in such assetnblageS. And I may het-e remark, that pi-eeisely tii| same protection is guaranteed to the colbfBd churches, in the regulation of social stattis iti their assemblages, which is afforded the whit^. Neither can ever intrbdB upotl the other, or interfere with social arrangetnents without theij^ cobsent. The same is tl-ne of railroad atld steamboat companies and hotel keepers. By the law iii existence at the time the coilstitution wad adopted, they were obliged to furnish comforta- ble and convenient accomnlodations, to thS extent of their Capacity to accommodate, td alt who applied; withbut tegard to race or color. But they were net compelled to put persons of different races of of different sexes in the sarnS cars or in the same apartments, or seat theitl at! the same table. This was left to their owa dis-' crjtion. They had power to regulate it aocotctr ing to their own notions of propriety, and iti classify their guests or passengers according tO race or sex ; atid to place them at hotels in dif- ferent houses of difParent parts of the same housa; . or on railroads, in different oars ; or on steaffl- boatsi in different parts of the vessel; and tO give them their meals at diffbrent tables. Wheii they had made public these regulations, all pet- sons pfttrofiizing theta were bound to conform to them, and those who did not like their regula- tions must seek accommodations elsewhefa. There Was nO la* to compel them to group to^ gether, in social connection, persons who did" not racogtfize each other as social equals. To avoid collision* and strift, and to preserve peaiSe, harmony, and good order in society, tt8 new constitution has wisely prohibited the legil- latore from enacting laws compelling these ooifl" panies to make new social arrangements among their patrons, or to distti^b those in existeflot. The law shall stand as it ia, says the constitu' tion, leaving each to regulate such matters ag they think best, and there shall be lio legislativa JUDICIAL DECISIONS, ETC. 475 interference. All shall be comfortatjly accom- modated, bat you ahall not be compelled by law to force social equality, either upon your trains, your boats, or in your hotels, The same remarks apply to the regulation of social status among families, and to the social ilBtercourse of society generally. This, in my opinion, is one of the wisest pro- irisions in the constitution, as it excludes irom the halls of the legislature a question which was likely to produce more unprofitable agitation, wrangling, and contention than &ny other sut^eot within the whole range of their authority. Government ijas full power to regulate civil tUad political rights, ana to give to each citizen oif the State, as our Code has done, equal eiv^ and equal political rights, as well as equal pro- tection of the laws. But government has no power to regulate social status. Before the la^s tiie Code of Georgia makes all citizens equaX without regard to race or color j but it does not create, nor does any law of the ^tate attempt to ^nforce, moral or social equalit; between the di^ ferent races or citizens oi the State. Such e^ual- tty does not in fact exist and never can. ^he Qod of nature made it otherwise, and no human ija^w can produce it, and no human tribiinal can ^force it. There are gradations and classes throughout the universe. From the tajlest arch' angel in heaven down to the meanest reptile da earth moral and social inequalitiee exist, and must continue to exist throughout all eternity. While the great mass of the«onquering people of the States which adhered to the ifnion dur- ing the late civil strife have claimed the right to. dictate the terms of settlement, ^d have fiiaintained in power those who demand that the people of the States lately in rebellion shall, ac- coru to the colpred race eqUaiity of civil rights, including the ballot, with the same prateciion under the law which is offered the white race, they ha-^e neither required of us the practice oi m;iscegenation, nor have they claimed for the qplored race social equality with the white race. The fortunes of war have compelled Us to yield to the freedman the legal rights above men- tioned, but we have neither aathorized nor legal- ized the marriage relatioh between the races„ noi have we enacted laws or placed it in the power of the legislature hereafter to make laws regard- ing the social status, so as to compel our people to meet the colored race on terms of social equal- ity. Such a state of things, could never be de- sired by the thoughtful ana reflecting portion of eitfier race. It could never promote peace^ quiet, or social order in any State or community., Nd such laws are of force in atiy of the northern States, so far as I know,, and it is supposed no considerable part of the people of any State de- sires to see them enacted. Indeed, the most abso- lute and dispotie governmeata do not attempt to regulate social status b^ &ed lairs, or to enforce social equality among races or classes without their consent. As already stated, we art) of tha opinion that the section of the Code which fdrbids iatermar- li^ses between the races is neither imconsistent ■with, nor is it repealed by, the sefition of the con- Biiitution now nndea: eonsideratiou. It therefore stands upon thestattite~hoak of^the State forever prohibiting all such marriages, and declaring them to be null and void. Let the judgment of the court below b^ affirmed. Opinion of Attorney General EToar as to the 3%- rigdiction of UiUtary Commissions in Texas. AlTO'EUEY GeNEEAL's OfFICE, May 31,l8Gd. Hon. J'oHir A. Bawliks, SeereteLry of War. Sib: Yotir letter of March 24, 1869, submit-' ting for my opinion as to proper action to be had in the premises in the case of James MTeaver, a citizen of Texas, who was tried before a military commission appointed by the commanding gen- eral of the fifth military district, under authority of section 3 of the aqt of March 2, 1867, to pro; vide for the more efficient government of rebel States, and found guilty of murder and sentenced to be hanged, the record having been forwarded for the action of the Fresidentj as required by section 4 of said act, and oreturned by him to your department upon the 1st day of Fehruary last, without any action upon the same, was re- ceived on the loth Maich last. ¥he grave impoitaiice of the questions in- volved required such careful and deliberate con- sideration, that, uhder the pressure of othei: official duties^ I have not been able, until this time, td give it sufficient attention. Having now carefully axainined it, I proceed to state the conclusions to which I have arrived from the pa- fers accompanying your letter. It appears that ,ames Weaver, a citizen of Bastrop county, in Texas, was indicted for murder in th^t county. By request of J. J; Thornton, district judge of the second district in Tei^as, made to General Reynolds, the commander of the fifth military district, accompanied by statement that a trial could not probably be had in the State courts, and asking that he may be tried by the military authorities, a military commission was orgaii- itei at Atislin, Texas, hefoire which, on the l7tU oi September, 1868, and days following. Weaver was arraigned and tried. He was defended by counsel and found guilty, and sentenced to be hanged, aiid the question on which you wish mv opinion seems to be this: Whether the general commanding the fijth militarjr district had au- thority to take a inanfrom a civil power and try him by military law, or, in pther words, whether a. military coramission in Texas, lit September, ld^8, had lujisdictioD over a citizen, not in the naval or military service, charged with the mur- der of another citizen, and uhder indictment and arrest therefor. From the letter of Judge ihorn- tan to Gerlerai Eeynoldp, abovereferred to, which is made a part of the record iii this case, it ap- pears Weaver ifa& under indictment in the dis- trict court for the second judicial' district of Texas for murder, and that the civil courts were so badly sittiated and mansiged that if left with them no triat coiild probaRy be had. Excep- tions to the jurisdiction of the commission were filed by Weaver, vfho objected, firstly, that he was entitled to a trial ^ jury; secondly, that the Constifiition of the united States provide^ that no persoii. shall be twice put in jeopardy of life or lixab £or the same ofience, that the onecuia 476 POLITICAL MANUAL with which he was charged belonged entirely to the civil courts of the State of Texas, and that he would be unable to plead the finding of the commission ia bar in the district court in Bas- trop county ; thirdly, that before the date of the order convening the commission' he was under indictment in civil courts and was under arrest to await trial therein, and that the said indict- ment for thesame offence was still pending against him; fourthly, because the district court of Bas- troy county was fully organized and prepared to pass upon all cases brought before it ; fifthly, be- cause he, the said Weaver, was a citizen, not con- nected with the army of the United States, and deceased was 'also a citizen. These exceptions were overruled by the commission. The statute of March 2, 186Y, entitled "An act to provide for the more efficient government of the ^ebel States," declares in its prea,^ble that no legal State gov- ernments or adequate protection for life or prop- erty then existed in the rebel States therein enu- merated, including among them the State of Texas, and that it was necessary that peace and good order should be enforced in said States uatil loyal and republican State governments could be. legally established : it is therefore enacted, that said rebel States should he made into mili- tary districts, and made subject to the military authority of the United States, as thereinafter prescribed; that it should be the duty of 'the President to assign to the command of each of said districts an officer of the army, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority in the district to which he was assigned. The 3d and 4:th sections of said act are as follows: "Sec. 3. And be it further enacted, That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property; to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals; and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders; or, when in his judg- ment it may be necessary for the trial of offend- ers, he shall have power to organize military commissions or tribunals for that purpose ; and all interference under the color of State author- ity with the exercise of military authority under this act shall be null and void. "Seo. 4. And be it further enacted, That all persons put under military arrest by virture of this act shall be tried without unnecessary de- lay, and no cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affect- ing the life or liberty of any person, shall be executed until it is approved by the officer in command of the district. And the laws and regulations for the government of the army shall not be affected by this act except in so far as they conflict with its provisions : Provided, That no sentence of death under the provisions of this arct shall be carried into effsct without the approval of the President." The act also provided that its provisions should become inoperative when the States had adopted constitutions approved by Congress and senators and representatives were admitted therefrom; and that until the people of said States sTiould be by law admitted to representation in CongreBS,' any civil governments which may exist therein sha-U be deemed provisional only, and in all re- spects subject to the paramount authority of the United States at any time to abolish, modify, control, or supersede the same. As the State of Texas had not in September, 1868, and has nOt since, adopted a constitution in conformity with the provisions of the act, and has not becoffle entitled to representation in the Congress of the United States, the act was operative in Texas at the time the military commission was organized for the trial of Weaver, and the commanding general exercised this discretion intrusted to him by 3d section, by deciding that it was necessary for the trial of an offender to organize a military commission for that purpose. If, therefore, this statute of March 2, 1867, is a constitutional and valid statute, it then appears the jurisdiction of military commissions was complete, and that there is no legal obstacle to the execution of its sentence. It is obvious, in the first place, that, under the Constitution, the United States Con- gress has no right to subject any citizen of a State to trial and punishment by military power in time of peace ; but the power to declare war is, by the Constitution, expressly vested in Congress ; it has also power to suppress insurrection, and to make all laws necessary and proper for carrying into execution all the powers vested by the Con* stitution in the Government of the United States, or in any department or office thereof. The power to declare war undoubtedly includes not only the power to commence a war, but to recognize its existence when commenced by others; to declare that there is a war, and thereupon to make provision for waging war ; to determine, so far as the nation can assert and enforce its will, how long the war shall continue and when peace is nstored. The Constitution has made no provision in terms for a rebellion of the magnitude of that which has occurred, in- volving destruction of all the legitimate and con- stitutional governments in the States of the Union and involving a war between those States and the national Govei;pment. But the Consti- tution is a frame of government, and clearljr implies the endowment of that Government with all powers necessary to maintain its own exist- ence and the vindication of its authority within the scope of its appropriate functions. When war was waged upon the United States by States of the Union as organized communities, Con- gress could and must recognize the existence of that war, and apply itself, by the means be- longing to war, to the vindication of the na- tional authority, the, preservation of the national territory, and the restoration of a republican government, under the national Constitution^ in each of the rebellious States. As was said by the Supreme Court in the Prize Cases, (2 Black, p. 673,) it is a proposition never doubted, that the belligerent party who claims to be sov- ereign may exercise both belligerent and sove- reign rights. The territory possessed by the rebels might lawfully and constitutionally be treated by the United States as enemies' territory.' In the language of the court, in the same case, alL persons residing within this territory, whose pro- JUDICIAL DECISIONS, ETC. 477 party may be used to increase the revenues of the hostile power, are in this contest liable to be treated as enemies, though not foreigners. They have cast oif their allegiance and made war on their Government, and are none the less ene- mies because they are traitors. Where all law- ful governments have been extinguished by the rebellion on the theatre of active military opera- tions, where war really prevailed, there is a ne- cessity to furnish a substitute for the civil author- ity thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. The right to govern by military law under such cir- enmstances was fully conceded in the opinion of the Supreme Court of the United States in ex parte Milligan, (4 Wall., p. 127.) The test is there sug- tested that the right to govern by military power epends upon the fact that the courts are ac- tually closed, and that it is impossible to admin- ister criminal justice according to law. But while the war continues, although military power may be the only government in territory held by force of arms, the military commander may make use of -such local tribunals already existing as he may find it convenient to employ in sub- jection to his paramount authority. It then remains to consider : First, whether the State of Texas has been, during rebellion, so deprived of all constitutional and lawful government as a State, and so in armed hostility to the Government of the United States, as to be subject to military law when possession of her territory was regained by the military power of the United States ; and, secondly, whether the right to hold and govern the State by military power has terminated. To the first question there can be but one answer. In language of Chief Justice Chase, in Texas vs. White et al., decided at the present term of the Supreme Court, no one ha^been bold enough to contend that, while Texas has been controlled by a government hostile to the United States and in affiliation with a hostile confederation waging war upon the United States, senators chosen by her legislature or representatives elected by her citizens, were entitled to seats in Congress, or that any suit instituted in her name would be en- tertained in this court. All admit that during this condition of civil war the right of the State as a member, and of her people as citizens, of the Union, was suspended. The government and the citizens of the State, refusing te recognize their constitutional obligations, assumed the character of . enemies, and incurred the consequences of rebellion. The second question is one of more importance and difficulty. Having suppressed the rebellion as far as it was maintained by an armed force, it became the duty of Congress to i;e>-establish the broken relations of the State with the Union ; and the same authority which recognized the existence of the war is, in my judgment, the only authority having the consti- tutional right to determine when, for all pur- poses, the war has ceased. The rights of war do not necessarily terminate with the cessation of actual hostilities. I can have no doubt that it is competent for the nation to retain the territory and the people which have once assumed a hos- tile and belligerent character (within the grasp of war) until the work of restoring the relations of peace can be accomplished; that it is for Con- gress, the department of the national Goveriir ment to which the power to declare wkr is in- trusted by the Constitution, to determine when the war has so far ended that this work can be safely and successfully completed. The act of Congress of March 2, 1867, is, in my opinion, a legislative declaration that in Texas the war, which sprang from the rebellion, is not, to all intents and purposes, ended; and that it shall be held to continue until, in conformity with the legislative will, a State government republican in form and subordinate to the Constitution and laws of the United States, for which the act makes provision, shall have been re-established. It is true that in several acts of Congress the suppression of the rebellion and the end of the war have in express terms or by implication been recognized, but it will be found on exam- ination that these phrases have been used in regard to special subjects, Vhich do not seem to me inconsistent with the proposition that for some purposes the rights of war are not ended; while, in respect to captured and abandoned property, a limitation of the right to commence suits in the Court of Claims has been fixed by s-tatute, and for the purpose of settling the ques- tion of the pay of officers in the volunteer army the date of the President's proclamation declar- ing the insurrection at an end has been adopted to interpret the phrase " close of the war." It does not seem to me inconsistent with either of these enactments that Congress should declare that the States whose civil governments have been destroyed should continue under military authority until such governments could be re- stored. Every act of Congress is to be presumed ■to be constitutional unless the contrary plainly appears. It is to be also presumed that Congress will provide for the restoration, through consti- tutional government, of the rebellious States, as speedily as in its judgment the public safety will allow ; but until civil authority is restored, and the rights of persons and property can be protected in the region which has been the thea- tre of war by organized governments, the direc- tion by Congress to employ a military force to give that protection and preserve the peace would seem to be the only alternative with an- archy. It appears by the papers submitted that the trial of Weaver before the military commis- sion was fairly and carefully conducted, and that the murder of which he was convicted was wanton and cruel. A freedman who had been at work for Weaver, having chosen to leave his employment to go to work for another man, went to him in a field near his house on that morning to ask for the wages which were due him. Wea- ver seized an ox-hand, beat him severely with that, and then sent his hired man to his house for a double barreled gun, loaded with buckshot, and on his return with it shot the freedman throogh the head, killing him instantly. There appears to have been neither provocation nor resistance ; and this atrocious act was committed in the sight of the wife of the man murdered, who stood by her own.door. The finding of the 478 POLITICAt MANUAL. commission has been approved by the military commander, and has beep certlfiecl to be regular and proper by the Judge Advocate Qener^. I Slid no reason in law for the Presideot's with- hplding hJB approval. The papers wliich were sent me are returned herewith, - Very respectfully, your obedient servant, K a. u.oi:i, Attorney Oemnl,. XX.V1. STATE PLATFORMS OF 1869.* CALIFORNIA, IOWA, MISSISSIPPI, OHIO, PENNSYLVANIA, YBRMONT, VIRGINIA, - WASHINGTON TERRITORY. CALIFOBKIA. Bepnblican, Jvly 32, 1869. Resolved, That the Republican party of Cali- fornia gives its earnest support to the admiu- istration of President Grant, and do hereby endorse the acts and policy of hi$ administra- tion. We recognize the earnest effort of the Qovernment to secure an economical adminis- tration of its affairs, to reduce expenses, to honestly pay the national debt, to prevent pec- ulation and fraud upon the treasury, to enforce the collection of the revenue, and to cause the speedy restoration of public confidence In our financial strength and integrity. 2. That the negro question has ceased to be an element in American politics, and that the ratification of the XVth amendment to theCon- stilation ought to be followed by an act of universal amnesty and enfranchisement of the southern people. 3. That we regard with pride and satisfaction the evidences of an increasing immigration to this State of industrious and intelligent people from the Atlantic States and Europe, with whom we are anxious to share the benefits of a fruit- ful soil, a genial climate, and an advancing civilization ; but, while giving preference to the immigration of people of our own race, we hold that unoffending emigrants from China to this State are entitled to full protection for their lives, liberty, and property, and due process of law to enforce the same, but we are opposed to Chinese suffrage in any form, and to any change in the naturalization laws of the United States. 4. That we recognize the power of the general Government to restrict or prevent Chinese im- migration whenever the welfare of the nation demands such a measure, by terminating our commercial relations with China, but it should be considered that the adoption of a non-inter- course policy in respect to China surrenders to Europe the commerce of the empire of Asia. We believe that the general prosperity will be great- ly enhanced by fostering commercial intercourse with Asia, and that the closing of our ports at this time against Chinese would be most injurious to the material interests of this coast, a reproi^^ upon the iutelligence of the American people, and contrary to the spirit of .the age. 5. That the Eepublican party having ever had in its especial keeping the rights of labor and of the Igtorer, and removed therefrom Ijbe blighting curse of slavery, and inaugurated-a new era, ip which the wages of lapoj have greatly advanced, while the hours therefor have been correspondingly diminished, claim to have originated in this Bt&te and steadily supported what i? kpown as the " eight-hour law," tbe sound policy of which has been proclaimed by a Eepublican Congress, and by a proclamation of a Republican President made applicable to the public works of the United States. 6. That we endorse the action of the Sena,te of the United States in rejecting the so-called ''Alabama treaty," and consider it the duty of the general Government to demand full repara- tion for the injuries inflicted by the Britis^i Government and her people upon our commerce during the late rebellion. 7. That we are in favor of imposing upon all kinds and classes of taxable property in the State ah equal share of the burdens of taxation, and to that end favor the organization of a State board of equalization or review, that the inequalitie-'i now existing under the present system of assessment and collection of the State revenues may be avoided. 8. That we are opposed to grants of State aid to railroads, and are in favor of limiting taxation to the amount of revenues absolutely requisite to pay the actual expenses of the State Govern-r ment, and to maintain the financial credit of the State. 9. That we hail with joy the return of peacg, and the promising signs of an increasing de- velopment of the country and the permanent prosperity of the whole people. We earnestly invite the co-operation at the ballot-box of all who agree to the foregoing declarations, regard- less of old party ties or previous differences of opinion upon the now settled questions of slavery, rebellion, reconstruction, and negro suffrage. *It is deemed inadvisable to enlarge this chapter and volume by presenting all the State platforms. 8 loh only are given as are of most significance and recent date. STATE PLATFOEMS. 47& Demooratio, Jime 29, 1869. Whereas upoq the eve of a politiq^J oanTass the time-lionQred usage? of our p^irty require thiit a platform of pripcipleg i>e ^npounced for tpe governmeqt, of thoge who m^j b^ elected tq political office ; and w]iereaB. new (meatip^s haiVe arisen since the meeting of ttie last Democir^tic convention, making each ffitiau emiiiently prqp- er: therefore, Besolwd, That the Democracy of CfilifQTQi(i,n0W e,jii always cpp^de in the intelligence, patriot- ipm, and disoripoitsatiM justice of the white peo- nle of the country to wn^iQi^ter and control taeir government, without the «»id pf either negroes or Chines^. 2. That the I)enjp?r8^tio party view with alarm the action of an unscrupulous majority in Con- gress in their attempts to absorb the powers of thq ejcecutive aiud judicial 4epai'tment8 of tbe federal government, and to annihilate the rights and func- ijipns reserved tp the State Governments, 3. That the subjection qf tbe white population of the southern Slates to the mW of a mass of ig- norant negroes, their disfra.n,chisBmenl, and the denial to them of all those sacred rights gnaran-: t^ed to every freeman, is an outrage and a wrong for which the history of free governments in mod- ern times may be searched in vain for a parallel, 4. That the Ijemocratie party is opposed to tbe policy of lending the credit of tbio State and squandering the State property upon railway or other corporations, to tbe detriment of the public interests, and the overwhelming increase of the gtate debt and taxation. 5. That the DemocratiQ party ever has been, is now, and ev?r will be, the champion of the rights of the mechanic and workingman ; that all the reforms having for their object the reduce tion of the houre of nis labor, the enlargement of his privileges, and the protection of his per^ gpnal liberty, have ever been depanded, enacted, and enforced by the Democracy ; tha,t we point wjth.prid^ to the fact that in California it was the Democratic element in the legislature that ■ p.aBsed and a Democratic governor that approved the eight hour law, and that we pledge ourselves ■ to use our utmost exertions to carry the provis-. ions of that law into full force and effect, as well as to labor in other directions for the cause of the sons of toil. 6. That we are opposed to the adoption of the proposed XVth amendment of the United States Constitution, believing the san)e to be designed, and if adopted, certain to degjcade the right of suf- frage , to ruin the laboring white man, by bring- ing untold hordes of Pagan slaves (in all but name) into direct competition with his efforts to, earn a livelihood ; to build up an ariatijcratic claps of oligarchs in our midst, created and maintained by Chinese votes; to give the negro an4 Chinaman the right to vote and hold office ; and that its passage would be inimical to the best interests of our country, in direct opposition to the teachings of Washington, Adams, .Jefferson, and tUeother founders of the republic ; in flagrant violation of the plainest principles upon which; the superstructure of our liberties was raised,, subversive of the dearest rights of thg different States, and a direct step toward anarchy and its natural sequence, the erection of an empire upon the ruins of constitutional liberty. 7. That the Democracy of California believe that the labor of our white popvilation sbould not be brought into ct^mpetion with the labor of a class of inferior people, whose living posts comparatively nQthing, and who add nothing to the wealth of our churches, schools, societies, and social and political institutions. 8. That we arraign the Radical party for its profligacy, corruption, and extravagance in pub- lic expenditures.; for its tyranny, extortion, and disfranchisement; for its contempt of constitn- tional obligations; for placing the city of Wash- ington in the hands of semi-civilized Africans; and we particularly condemn the appointment of healthy and able-bodied negroes to office while the land is filled with capable white citizens who are suffering for the common necessaries of life. 9. That we heartily endorse and approve qf the manner in which the Democracy have ad- ministered the ^tate go/ernment, and point with pride to the acts to protect the wages of labor, to lessen public and official expenses, and to the fact that, during the prestent State admin- istration, the State debt has been reduced nearly $1,000,000, and taxation reduced from $1 18 on $100 to 97 cents. 10. That the so-called Alabama treaty having been rejected by the treaty-making power of the Government, the Democratic party, true to its record as the only political party which on such issues has uniformly proved itself faithful ' to our own country, will now, as heretofore, be found ready to snstain all measures demanded by the honest dignity and rights of the repub- lic in its relations with all foreign Powers. ' 11. That all voters in tbe State of California who are opposed to the radical measures of Con- gress, indnding the proposed XVlh amend- ment to the Constitution of .the United States, and who are opposed to the appointment of negroes to, officCj be invited to unite with the Democracy in the coming contest. 12. That the Western XTnion Telegraph Com- pany, which controls all the wires connecting the Atlantic with the Pacific, has, in instituting a tariff designed to give a virtual monopoly of eastern news to a few newspapers of one politi- cal partv in this State, been guilty of a great public wVong, has betrayed the trust confided to it, and effectually restricted the liberties of the press, and that its action in this regard calls loudly for such legislative interference as shall prohibit discriminations, prevent the use of the telegraph as a political engine, and make it, like the mails, free to all. 13. That Hon. Eugene Casserly, by his manlj and statesmanlike course in the United States Senate, deserves the confidence of the people o) the State of California. IOWA. Bepnblioan, June 10, 1869. Besolved, That we cordially endorse the ad- ministration of Governor Merril as wise, eco- nomical, and honest, and that it deserves, as it has received, the hearty approval' of the people of .Iowa. 480 POLMICAi, MANUAL. 2. That we insist upon a continuance of strict and close economy in all department-s of our State government, in order to the maintenance ofthehapiy and unexceptional financial condition to which our State has attained under Republican rnle. 3. That the means now in the State treasury, and which may become available, ought to be used for the purpose of defraying the necessary fexpenditurea of the State government economi- cally administered, and for no other purposes; and no State taxes, or only the minimum abso- lutely required, should be levied or collected until such means are exhausted, to the end that the burden of taxation may be made as light as possible. 4. That we rejoice in the glorious national victory of 1868, which has brought peace and happiness and pi-osperity to our nation, and we heartily endorse the administration of General Grant. 5. That the Eepublican party of Iowa, being among the first since the rebellion to incorporate in a State constitution the great principle of im- partial suffrage, cordially accepts the opportunity presented by adopting the XVth amendment to the Constitution of the United Stales of making the principle national. 6. That the public expenditures of the national .Government should be reduced to the lowest sum which can be reached by a system of the most rigid economy; that no money should be taken- from the national Treasury for any work of internal improvement, or for the erection of any public buildings not clearly necessary to be made or erected until the national debt is paid or greatly reduced; that all the mqney that can be saved from the national revenue honestly col- lected should be applied to the reduction of the national debt, to the end that the people may be relieved from the burden of taxation as rapidly as practicable. 7. That we endorse and c.pprove the policy which the present Secretary of the Treasury of the United States, has pursued. Democratic, July 14, 1869. Whereas upon the eve of a political canvass the time-honored usage of our party requires that a platform of principles be announced for the government of those who may be elected to office; Resolved, That the Democratic party view with alarm the action of an unscrupulous ma- jority in Congress, in their attempt to absorb the powers of the executive and judicial depart- ments of the Government, and to annihilate the rights and functions reserved to the State gov- ernments. 2. That we favor a reform in the national banking system looking to an ultimate abolish- ment of that pernicious plan for the aggrandize- ment of a few at the expense of the many, 3. That now, as in times past, we are opposed to a high protective tariff, and that we will use every effort to prevent and defeat that system! of national legislation which would enrich a small class of manufacturers at the expense of the_great mass of producers and consumers, and that we are in favor of such reforms in our tariff system as stiall promote commerce with every nation of. the world. 4. That the pretended trial, -conviction, and execution of persons not belonging to the mili- tary or naval service of the United States, by military commission, is in direct conflict with the Constitution, and we denounce the same as unworthy of a free people, and disgraceful to the American Government. 5. That we demand no more, and will submit to nothing less, than the settlement of the Ala- bama claims according to the recognized rules of international law, and that we declare it to be the duty of the government to protect every citizen, whether naturalized or native, in every right of liberty and property throughout the world, without regard to the pretended claims of foreign nations to their allegiance. 6. That we are in favor of, and insist upon, an economical administration of the national and State Governments, that the people may be as speedily as possible relieved from the load' ol taxation with which 'they are now oppressed^ and that the public officers should be held to a strict accountability to the people for all their official acts. 7. That a national debt is a national curse, and that while we favor the payment of our present indebtedness according to the strict letter of the contract, we would rather repudi- ate the same than see it made the means for the establishment of an empire upon the ruins of constitutional law and liberty. 8. That in the opinion of this convention the so-called Maine liquor law, that now disgraces the statute-books of the State of Iowa ought to be repealed at the earliest possible moment. The following resolutions were offered and rej ected : Resolved, That we are in favor of the repeal of the present prohibitory liquor law, believing it inadequate to accomplish the purposes de- signed by it, and as a substitute for the same we are in favor of the enactment of a stringent license law. 2. That we are opposed to the proposed XVth amendment to the Federal Constitutioo. miSSISSIFFI. Sepublican, July 2, 1869. The Bepnblicans of Mississippi, in convention;, assembled, in a spirit of amity and peace towapd their opponents, and of justice to themselves, make the following declaration of principles and policy : 1. Unfaltering devotion to the Union, first, last, and forever. 2. Faith in and fidelity to the principles, ob- jects, and aims of the great national Republican party, with which and with the President and Congress we are in full accord and sympathy. 3. A fair, impartial, just, and economical ad- ministration of the Government, national and State. 4. Full and unrestricted right of speech to all ; men, at all times and all places, with the most Complete and unrestrained freedom of the ballot, including protection to citizens in the' exercise i of the suffrage. STATE PLATFORMS. 481 , -6. A syBtem of free schools which shall place the means of liberal education within the reach of every child in, the State. • 1 6. Eeformation of the iniqmtoiQB and pneqaal taxation and assessments which, discriminating against labor and laborers, have home so.nn- JBstly and unequally upon the people. 7. That all men, without regard to raoe,.colQr, or previous condition, are equal , before the law; and that to be a freeman is to posaeas all the civil and political rights of a citizen, are not only en- during truths, l)ut the ^settled and permanent doctrines of the Bepublican .party. 8. This convention recognizes but two great national parlie.s; that under, the .administration of the one, the material and'industrial resources of the country will languish, whilst under itbs liberal and fostering care of the national Biepuhli- can party, commerce, manufactures, and intejinal imiprovements by the General Government will surely make the people of -Mississippi what nadure, soil, and climate intend they should ,be — rieh, prosperous, and contented. 9. Becognizing as peculiarly American and republican the sentiment that the true basis of government is the "consent of the governed," which, in a republic, is expressed through the ballot-box, we, in the {language of the Chicago platform, "favor therejnoval.of the diaqualifi- cations and. restrictions imposed upon the, la,t0 rebels in the same measure as the spirit of dis- Ij^altymay die out,, and. as may be consistent with the safety of the' loyal people;" and we shall hail ' with.un£aigDed delight :the day when the spirit of tolemtion now dawning upon our State shall be so firmly established as to warrant Congress and the nation in declaring disabititijss and restriiitions forever at an end— rwhenrthere shall be no citizen of .Mississippi clamoiiii^for his tights. 10. That the present modified condition of pub- ;lic sentiment in thisrState. renders it, wise and expedient that the Republican party should, em- "brace the opportunity which is tO' be, presented in the approaching election of ratifying; thft new constitution, so far modified in thelranehiseiand general provisions thereof as to. conform to ithis Constitution of the United States ,9,nd: the recon- struction laws; and that,t oniy of the necessity of reconstrnotion, on a. proper ba^s, butof ■thanfiedcfiimmigratioji. j Schemes designed for class immigration, such as labarfiors .Offliy, or favoring ohe.sectLonv'flrjijountry, or .peo- ple,:.or portions. df peojUe^ dver^anOthfir, onac- eoimt of poliitieal DE,raiy.x»the]! cauaesj will meett 31 with no success; plans to increase our pqpuljk- tion miist embrace ail countries, climes, people, professions, politics, and religious beliefe; any planstopping short of this,;Or. hesitating to give a pTftctifial, .earnest, (jordjal welcome to settlers, without regard to race, color, locality, polities, or ,rflligioii, will meet with mfirite.a failure, be- cause indiQating the existence pf bigotry and intolerance. 14. We recognize in General, Grant the chos,^n leader .of our par.ty and.(!?iiiae,;a8.well as the rep- resentative man of the age. As Washingtou was in his itime, so, is Grant now "first in w*r, first in peace, and. first in, the hearts of his country- men." Through his election, peace, toleratiqn. and prosperity at last dawn upon Mississippi, .and erelong, througljQHt theseStates the old, flag and, the, ancient .principles he and it represent, will be .respected, adopted, and adored. Thp magic words, "Let us have peace," possess a power, and have a mission, which will embr£(ce the whole wprld, and, will ilities than the Constitution and laws of the United' States already recognize, and that we believe it to be the duty of all good citizens to nse every effort to obliterate the animosities of the past, and to unite in the restoration of a State government based on the equal rights, civil and political, of men of every race. 6. That we express our thanks to the Presi- dent and the Congress of the United States for rejecting the scheme to impose the rejected oon- Btitution upon the people of this State, and affirm our unwavering support of the adminis- tration of General Grant. 7. That we annouuce ourselves unqualifiedly in favor of nniversal suffrage, and universal am- nesty, upon the restoration of the State to her federal relations, and pledge ourselves in good faith to urge upon Congress the removal of all political disabilities incurred by participation in the late rebellion. 8. That the State executive committee be au- thorized and instructed to issue, in behalf of this convention, an address to the people of this State, declaratory of the principles and sentiments of the National Union Eepuolican party of Missis- sippi. 9 That the State executive committee be au- thorised and instructed to issue a call for a State convention, composed of delegates representing the different counties of the State, to meet at such time and place as they may deem expedient, for the purpose of nominating a State and con- gressional ticket. OHIO. Bepnblican, June 28, 1869. Resolved, That as citizens of the nation, rep- reseating the republican sentiment of an honored commonwealth, we regard with sincere satisfac- tion the fidelity evinced by General Grant to the Eepubliean party, and his policy, both foreign and domestic, ana of his national administration, &ui pledge our cordial support to the measures inaugurated to insure conciliation, economy, and justice at home, and command consideration and rjespect abroad. 2. That ^e hail with the profoundest satisfac- tion the patriotic and constitutional declaration of President Grant, in his inaugural address, that while he will, on all subjects, have a policy to recommend to Congress, he will have none to enforce against the will of the people ; a senti- ment which assures the country of an executive adminifttratioDi loaadedi .on, the models of the administrations of Washington and Madison, and that will insure to Congress the unrestricted exercise of its constitutional functions, and to th« people their rightful control of the Govern- ment. 3. That the abolishment of slavery was a natural and necessary consequence of the war of the rebellion, and that the reconstruction measures of Congress were measures well adapt- ed to effect the reconstruction of the southern States and secure the blessings of liberty and a free government; and as a completion of those measures, and firmly believing in its essential justice, we are in favor of the adoption of the XVth amendment to the Constitution. 4. That the late Democratic general assembly, in its reckless expenditure of public money; its utter neglect of the business interests of the State by failing to enact the wise and much needed financial measures providing for the assessment and equalization of taxation prepared by the commission appointed by the preceding general assembly ; its hostility to our benevolent and literary institutions ; its failure to carry out the repeated pledges of the Democratic party to secure economy in the State; its extraordinary length of session in time of peace, resulting in an expense to the State amounting, for the pay of its members alone, to more than double that of the previous general assembly; its malignant attempts to disfranchise disabled soldiers and other citizens of the State; its attempt to take from the general Government the right to pur- sue, arrest, and punish those who violate the laws made in pursuance of the Constitution oi the United States, and the vicious acts intended to destroy the power of the nation to preserve and protect the liberty and safety of its citizens, has sno wn the Democratic party unworthy of the trust, confidence, and support of an honest and patriotic people. 6. That the Republican party of Ohio is in favor of a speedy establishment of a soldiers' orphans' home in Ohio, not only as an act of justice to the many poor and helpless orphans of deceased soldiers, out as a recognition of the patriotic services of their fathers in the late war, and for the purpose of redeeming the pledges made by all loyal people to protect the families of those who fought and fell in the cause of human liberty and right. , Bemooratic, July 7, 1869. Iteeolved, That exemption from tax of over $2,500,000,000 Government bonds and securities is unjust to the people, and ought not be toler- ated, and that we are opposed to any appropria- tion, for the payment of the interest on the public bonds until they are made subject to taxation. 2. That the claim of the bondholders, that the bonds which were bought with greenbacks, and the principal of which is by law payable in currency, should, nevertheless, be paid in gold, is unjust and extortionate, and if^ persisted in will force upon the people the question of repu- diation. 3. That we denounce the high protective tariff which was designed only in the interests of the New England manufacturers; that said tariff is STATE PLATFORMS. also, by its enormous impositions on salt, sugar, tea, collee.and the necessaries of life, nneudura- ole and oppressive, especially upon the people of the West, and that we demand its repeal and the substitution of another based upon revenue principles alone, upon the closest possible ap- proximation to absolute free trade. 4. That the Democratic party of the United States have always been pre-eminently friendly to the rights and' interests of the laboring men; that they are in faVor of a limited number of hours in all manufiiicturing workshops, the hours dictated by the physical and mental well-being of the laborer ^ tba,t they favor the most liberal laws in regard to household and homestead ex- emption from sale and execution j that they are also in favor of liberal grants of land from the public domain to actud settlers, without any jCost, and are opposed to the donation of them to swindling railroad corporations ; and that they are generally friendly to a system of measures advocated by the labor and industrial congresses, and we pledge the democratic party, if restored to power, to exercise their influence in giving them practical application. 5. That the attacks of Qovernor Hayes and Lee upon the doings of t^e late general assem- bly are false in fact, malicious in spirit, and unworthy of gentlemen occupying their elevated positions. 6. That the late general assembly were called upon to make large and extraordinary appro- priations to rebuild the burned lunatic asylum, to provide a reform school for girls, to construct a new blind asylum, to inake appropriations to pay over $80,000 of a judgment obtained in the supreme court of the State in favor of a life in- surance and trust company, and to meet a defi- ciency of over $500,000 of the preceding Repub- lican legislature, which, together with the extra "compensation paid to the members, under the law passed by the Republican legislature, were J' irovided for without an jnprease. of' the State evy; and the appropriations in the aggregate are much less than those of the preceding Repub- lican legislature, without a,bstraoting $800,000 from the relief fund for the maimed and disabled soldiers and their families. 7. That we hereby return our thanks to the ,'fifty-eighth general assembly for their ' econom- ical expenditure .in the administration of the State government and the exposal of wholesale frauds in the erection of State buildings, whereby -the people were swindled out of half a million of dollars by the negligence of the Republican Siate officials and the dishonesty of others. . 8. That, it, is th right of each State to decide for itself who shall possess the elective franchise .vvithin it ; that the attempt to regulate suf- frage in Ohio by means of the. so-called XVth constitutional amendment is subversive of the federal Constitution. 9. That the policy and legislation of the Radical party dii:ectly tend to destroy all the reserved rights of the States, and convert the Republic into a consolidated despotism; that whether such despotism be exercised by an em- peror, a president, or a congress, .the result would be fatal to liberty, and good government; that consolidation in this country means the absolute dominion of monopoly and aggregate capital over the lives, the liberty, and the prop- erty of the toiling masses. 10. That we denounce the national banking system as one of the worst outrgrowths of the bonded debt, which unnecessarily increases the burden of the people $30,000,000 annually, and that we demand its immediate repeal. 11. That the trial and sentence to death by military commissions of citizens of Texas not in the military or naval service, when the civil courts were in unobstructed exercise of their functions in that State and in the time of pro- found peace, and the approval of that sentence by President Grant, are violations Of the most sacred rights of .^merican citizens guaranteed by their constitution, State and federal, and de- serve and should receive the earnest condemna- tion of every lover of liberty and constitutional government. 12. That the numerous pa,lpable and high- handed usurpations of th^arty in power ; their many public and private acts of tyranny, trampling under foot the civil law and the guarantees of the Constitution ; their continuing to deprive sovereign States of representation in Congress, and to govern said States by military rule, show them to be the party of SespoliFm, and unworthy the confidence and support of a free people. 13. That we extend the right band of fellow- ship, and recognize as brethren in a common cause, all conservative men, not heretofore Dem- ocrats, who will unite with us in rescuiiig the Government from, the unworthy hands into which it has fallen; and we pledge the united and cordial support of the two nundred and fifty thousand Democrats- in Ohio, whom wo represent, to the ticket nominated by this con- vention, and pr&sented by us to the suffrages of the people of Ohio. PEWirSTLVANIA. Bepmblioan, Tune 23, 1869. Besolved, That we rejoice in the glorious na- tional victory of 1868, which is bringing peace, ^happiness, and prosperity to us as a nation. 2. That we wholly approve of the principles and policy of the administration of General Grant, and we heartily endorse every sentiment contained in his inaugural address, and espe- cially do hereby ratify and approve the late amendment proposed by Congress to the Consti- tution of the United States, and known as the XVth amendment. 3. That we have confidence that the general administration will wisely and firmly protect the interests and dignity of the nation m respect to our just claims against Great Britain, and that we endorse the action of the Senate in rejecting the Johnson-Clarendon treaty, known as the Alabama claims. 4. That we heartily sympathize with the struggling peoples of all nations in their efforts to attain universal freedom and the invaluable rights of man. 5. That we confidently endorse the adminis- tration of General John W. Geary as wise, ec<)- nomical, and honest, and that it deserves; as i' 484 POLITICAL MANUAL. has received, 'th'e a'pp'roval of the people of Peuusylvania; and we esiieoially commend his uniform efforts to restrain the evils of special legislation. 6. That in Hon. Henry W. Williams, our can- didate for the supreinde court, *e present a learned, pure, and patriotic jurist, wh'o Jvfill adorn the high position to which We piifpoSeto' elect him. 7. That we reiterate and affirm onr adherenbe to the doctrine of protection, ks proclaimed In the 9th resolution' ol^the platform adopted' at the State convention of Miirch 7, 1866. 8. That we endorse the' ticket this day tiomi-' nated, and pledge to it bur hearty and cordial support. DeiHocTatic, July 14, 1869, Resolved, That the federal governmeht is'lim- ited in power to the grants contained in tlie federal- ConStituti'on ; 'that the exercise of dtjubt- ful constitutional powers is dari'geVoua ' to tie stability of the Government 'and ■tlie's.afety of the people, and the Democratic pai-'ty will rievfer consent that the State of Pennsylvania Shall surrender her right of local self-governmeiit. 2. That the altempte'd ratification of the pro- posed XV th amendment to the federal Constitu- tion by the Radical members of the lastlegis'latiire, and their refusal to submit the same'toa"^6x6of the people, was'a deliberate breach of their'offi; cial duty and an outrage upon every citizen of the Stale,' and the isolation inaking'snch I'afii- fication should be promptly repealed, a'n'd the amendment committed to the people' at the polls for acceptance or rejefctidn. i 3. That the Democratic party of Pennsylvania is opposed to'cotaferring'iipon the nfe'gro the right to vote, and we do emphatiijally defn'y that thSire is any right or power in 06ngress, or elBfe'where, to impose negro suffrage upon the pddple of this State in opposition to their will. i 4. That reform in the administration of th^ federal and State governments, and in the man- agement of their financial affairs, ia'imperatively demanded. 5. That the efforts now being made' fdr'.'the amelioration of the condition of the laboring trialn have our most cordial co-operation. 6. That the legislation of the late Republican Congress outside of the Constitution, the disife- gard of the majority therein of the will of the people and the sanctity of the ballot- b6x In the exclusion from thWir ^eals in Congress of "repi^- sentativea clearly SlWcted,' the e/stablishm'eht'of military governments in the States of the Union, and the bverthrb'w of kW divil governments therein, are acts of tyranny and usurpation 'that tend diredtly to the destruction bf all republican government atid the creation of the worst 'fdriiis of despotism. 7. That our soldiers and s'ailo'rs who '6ar¥iled the flag of our country to victory must'be'grate-, fully remerhbyred, and all 'the gaarante'eS given in their fav'or must be- faithmlly carried 'Ih'to execution. I 8 Equal rights and protection for naturalised and nativfi born citizens'"'at h'6'me arid'abr'bad. The aBsertion of 'Amerioto flationality," 'which shall command the'respdcit bf foreign Po\verS4iid ■furnish an example and encouragement to peo- ple struggling for national integrity, consiit.a- tional liberty, and individual rights. 9. That the present internal revenue and tax- ing s^stfem bf the geheral Government is grossly uhjuftt, and means ought at once to be adopted to cause a mo'difibation thereof. VEBMOITT. Bepublican, Juae, 1869. '"kiiolwd,. That the Republican 'Onion party of VArmo'rit hereby affirms its adherence to the o'ar- 'di'rial pritfcipUs'of the party, and especially the exclusion 'df^traitdrs from the positions of public 'fi-n'st, the right of impartial suffrage, and the ili- 'tigrity of the piihlic credit. '2. ThatVe have ooiifi'dehce that the' adiuinis- tetion 'will''wi8ely and' firmly protect the inter- ests Sln'd 'dignity of the nation in respect to our j'list claiiiis against Great Britain, and that, in oiir jndginen't, 'we can 'afford to wait until her biajfe'sty'a government finds it for her interest to make Settlfeni'eiit. 3. That we wholly approve the principles and policy of the administration of President Graat, 'a'rid we ^alrticularly commend that point of hie inaugural address wherein he declares, "I would protect the la'w-abidihg cit'izen, 'whether of na- tive or foreign birth, wheresoever his rights ate JBb'pai'dl2;'ed,'C)r the'flag of our country 'floats, and 'Vfould protect '(;he rights of allnatioiiB, demarid- iii'g edual rebpedt for our 'own." 4. That W'e ddrdiill'y commend the State ticket 'Ih'is day nbmiii^ted, and pledge to its support 'feflirih a''niajor'ity as shall show that Vermont 't&ke'^ lio step backvt^ard in her Republican course. Ddmdbiratio, June 17, 1^69. Resolved, That the prab'tioal workings of the '^enferkl Govfei:h'th'eht, as administered by the pp- ■pb'^itib'h tfi the Democratic party, renews onr zeal 'a'ttd'love fbr the ptinoiples of our paHy. '2. That We '&X6 fetill m faVbr of a strict adher- eiide' to'the Cotistitutlon of the United States, as the "^Sefeguard 6f 'the States. 3. That the Democracy, now as ever, inake uo distinction between citiiens, Whether of native 'Hi bf 'fdVeign bi^h, a;nd that We sympathize, how Hs ev'6r. With rrlen Of'ill natibhalitibs striving for 'syif-goVernmSiit. 4. Thkt'w9'are'6pposbd to the present une(jual yy^t'fe'm'of taxation of the general Governmeiit, and'to the ooVrupfahd wasteful expendituTes of thd '^tbce'^ds of dttch' ttoation. 5. That'We ptgfdr a system of government in 'accordance With the principles Of the Democratic "p'arty' raihW thd,n"the present system of Radical Me. •6. TKkt'W«'*Jll'heart;ily support the iomineea ■this'day toide. VlRiailflA. Bepuhlieta, Marbh 11, 1869. 'tteiohed, THat the eai-ly restoration of-' the ' Stite of Virginia to the fbd'eral Union, clothed 'with all the rights and privileges of the most faVored States, is required by the obligatifa'As ■ Whibh the QoVernmeiit dW6b td the siveral StaMs, STATE PLATFOEMS, 485 i? neoeseary tq tbe juet injleipenfJeoe^i, 4igni'j!i and_ character of the State, is dfemanded.hy esery consideration of patriotism as.well sispf interest; put tha,t this return c^n npw tfike plape only un- der t^Ue a,utJiority qf Cpngress, in the vsfaj pointed 6vi,t hy the reconst^actipn £^ct^, and by the adop- tion, withont, change or mod(n<<^tion, of the con- etitution soon to be submitted to the pepple, and an flection by them of thpif, chosea omcialp, pub- lic, servants, and repre^entatiyes, ^vhich election qqght to b^ immediately held, nor can it h^ lopg- ^f delayed vrithout serious danger of final dis7 aster. 2, Th^t theelection of General Qrant h^s given a new guarantee and aw^^eped x\pv ppnfiaence in the full and final triumph of the principle^ of ihe Bepnhl'ican party. The suhlime truth tha,t ^11 men are free and equs^l 'vyill nom become a great living fact. All perspns.bqrn in the United States arid subject tjo its inrisdic^^on are citizpn^ not only of the United States, but of any State in which they may choosy to reside- 5?pr cap any State deny to any citizen \^ithin its j uriedic-; tion the equal protection of th,e laws, or the pos- session or enjoyment pf any right Of pi'l'T^^^g^ P? accoantof race, pripr cpn^ition, or religion; fait^, We hail with gratitude t^p Fresidjsnt's inaugurstl address, and will never cease f.O:^h*P|^ hjmfpr tell- ing the American people that 'v^hpe su^fr^g^ is denied to a portion of the citizens of the nsS^ion there pannpt be peace. Wp pray Almighty God that the hope which is expressed for the ratifica- tion of the XVth article of amendment may be shortly realized, so that hereafter no State of the federal tJnion can deny to any citizen the blessed boon of suffrage on account of the accident of color, nor eyer deny tp him vfhq hsie th? right to vote the twin privil^g^, ijhp right to b& yoted for. We thank the President, too, for that prompt, actof retributive justipe which hasr^s,tQied ph^i- dan and Beynolds to the cpmmai^ds front which tiiey were removed by an unjust Executive, b?r Pause of their faithful discharge of duty, tbpir noble homage to the rights of humanity, and the manly enforcement of thp reconstrnctjon laws of Congress. In thisactof jnstiqe WP recpgnjzp ^Ur other sure ground for confident hope, thfit tried fidelity to the Governm.eAt ija to be regarded as a virtue, and the suppprt of the IJnipn is to be, honorable. We promise to his admihieitration our earnest support. We invpjtfi his beat pow- ers and wisest . Kehey, .TohnS. iopliff,Thoa.J. White\Sainu'elA. Collins, Thomp- son Stricklknd — ^105. Not' Votiug — Addi^n 0. Mills, Jeremiah H. Bartholomew, James Baldwin, Fred. A. Mallo*y, Edwin Roberts', James M. Kibbe — 6. Bolaware [TheSfenatie voted down the resolution to adopt amendment by a- strict party vote, the particii- ars'of which were not ronei'^^d in time for publi- cation.] — — Florida. Sbhate, June 14, I669i Ybab— Messrs; Bradwell-, Cruse; Hillyar, Kat- zanberg. KrimmiiigiBr, Meadiam , Pe*ro6, Purman , Smitib, Underwood,, Vaughan, Walls, Wentworth -13. Nats — Messrs-. Athini-, OrOmford, Ginn, Hen- derson, Kendrioh, Morale, MeOaskill, Weeks-^i. HotPSEi J'kne 11, 1869. fj^a^Mr. Speaker; Messrs. Butler, BoguB. Blaote, Co?, Cruce, l)6Lan'ey, Erwin, Fortune, Graba,in,,Harihan, Harris, HilT, Sod'ge.*i, Keen'e, ;^ee, Mil'fe, Moote of Coliimbia, Pons, Powell, Eobinson, Scott, Simpson, Thompson, Walker, WellW 2e. fNATS — Messrs. Smtick, Sradtvelt, Cheshire, Forward, McHimon, MoWeoi Hillsborough, Oli- ver, Pittmari, Baney, Steieatd, Stone, UrqiiJlart, Watsen^lS. —^ Georgia. t Senate, March 18, 1869. Yeas — Messrs. Josfepte Adkins, B. F. Bruton, J. J. Collier, William Griffin, MoW. Hungerford, W. F. Jordan, W. W. Merrill, B. R. McCutehen, R. T. Nesbit. M. G. .Srmth,.C. J. Wellborn, F. 0. Welch, W. T. Winn— IS. * Independent ^epaiilrpan. - 't June ISM-Mt. Filer, OT Ifttiiltdfe, sent the following coTnmunication to the Speafeer : "Havine uriihteritionally be.en absent from tlie As- eeiitbly wneii tlie vote wis falren yesterday on tlie jdiat resolution raHfj'ing the XVth ameudment of the Constitution of the United States, I respectfully ask that this oommunioation be placed upon the Journal, that niy disapprobation of the measure Snd desire to vote against it may be publicly known ind placed on re- cord, This IS asked in Jwatie'e to myself and my constltuehoy." The request was granted. f March 10, a motion to lay joint resolution to ratify proposed X v th Aiiie'ndftient to the Qonstitution on the table was lost by yeas i^, nays IG; March 12, the joint resolutioi^ was (idofated byyfeas21, nays 16;, March 13, a motion to reoonfeder prevailed, by yeas 19, nays 14.; March 17, the resolution was indefinitely postponed, by yeas 18, nays 17— the oHair giving the casting vote. March 18, this vtjte was reconsidered, by yeas 17, nays 14; but a direct vote upon adoptioti of the aThetldmotit resulted in yeas 13, nays 16, as above. 490 POLITICAL MANUAL. Nats— Messrs. W. J. Anderson, W. P. Bowers, ,T. T. Bums, M. A. Candler, J. M. Colman, J. 0. Fain, 3. Griffin, John Harris, B. B. Hinton, B. E. Lester, W. T. MiAHhur, 0. B. Moore, A. D. Nunally, Josiah Sherman, W. C. Smith, T. J. Speer— 16. * House of Repbesektatives, March 16, 1869. Yeas — Messrs. W. D. Anderson, Benjamin Ay- »r, Edwin Belcher, Marion Bethune, P. H. Bras- tell, T. F. Brewster, O. S. Carpenter, W. C. Carson, P. H. Chambers, W. H. Clarke, Glower, A. E. Cloud, James Cunningham, S. A. Darnell, Madi- son Davis, B. A. Donaldson, J. T. Ellis, W. S. Erwin, J. E. Evans, F- M. Ford, A. M. George, N. ST. Gober, W. B. Qrdy, W. W. Grieger, J. E. Gullatt, B. B. Sail, W. D. Hamilton, J. F. Har- den, G! B. Harper, J. N. Harris, Heard, W. F. Holden, G. M. Hooks, Darling Johnson, S. C. Kellogg, C. H. Kytle, W. A. Lane, Aug. H. Lee, John Long, J. J. McArthur, J. A. Madden, J. A. Maxwell, J. 0. Nesbit, J. W. O'Neal, C. E. Os- food, B. M. Parks, J. B. Parke, Joseph L. Per- ins, W. P. Price, M. Bawles, James M. Bouse, G. W. Bumph, Pierce Sewell, M. Shackelford, J. E. Shumate, J. A. Smith, J. B. Smith, Smith, S. L. Strickland, E. M.Taliaferro, W. W. Watkins, Hiram Williams, W. S. Zellers, B. H. Zelner — ^64. Nats — Messrs. M. B. Ballanger, Bichard Bradford, W- G. Brown, Wm. M. Butt, J. M. Burtz, 0. C. Cleghom, J. A. Cobb, J. M. Craw- ford, John C. Drake, H. B. Felder, McK. Fin- cannon, James Pitzpatfick, B. W. Flournoy, A. S. Fowler, David Goff, Thomas W. Grimes, T. M. Harkness, James A. Harrison, W- B. Hill, Virgil Hillyer, W. L. Hitchcock, G. M. Hook, Haywood Hughes, 0. 0. Humber, J. B. Kim- hrough, J. J. Kelley, Samuel McComb, W. T. Mc- Cullough, Platte Madison, J. W. Matthews, J. W. Meadows, Henry Morgan, Lewis Nash, J. M. Nunn, 8. E. Pearson, J. H. Penland, F. L. Pep- per, N. J. Perkins, B. W. Phillips, G. S. Bosser, J. B. Sauisey, F. M. Saroggins, Dunlap Scott, V. P. Sisson, J.S. Sorrell, W. M. Ttimlin, B. A. Tumipseed, L. H. Walthal, L. C. A. Warren, Ware, FVank Wilcher,. Wilcox, J. C. Wilson— 53. IIlinoiB. Senate, May, 1869. Yeas — Messrs. Jolfti H. Addams, Thomas A. Boyd, Andrew Crowford, John C. Dore, William C. Flagg, Greenbury L. Fort, Allen C. Fuller, Isaac MoManus, John MoNuUa, Dan. W. Munn, A. B. Nicholson, William Patten, Daniel J. Pinckney, Henry Snapp, J. W. Strevell, John L. Tinoker, John P. V.an Dofston, Jasper D. Ward— 18. Nats — Messrs. ;Sf. K Casey, S. B. Chittenden, James M Epler, Edwin H. Harlan, William Sheppard, Joseph J. Turney, John M. Woodson — 7. * March 11, a joint resolution to ratify the amendr ment was adopted by 67 yeas to 60 nays, three other members protesting that if the proposed amendment does not confer upon the colored man the right to liold ofilice, then they vote "aye," otherwise "no." March 12, this vote was reconsidered by 60 yeas to 46 nays. Subsequently, March 16, a substitute ratifying the amendment was offered and adopted by the above TOte. House of Eepeesbntatives, March 5, 1869. '■ Yeas— Messrs. Joseph M. Bailey, L. L. Bond, Alexander W. Bothwell, Thomas H. Burgess; James E.Callaway, Samuel H. Ohallis, Henry ^ C. Child, Philip Collins, Ansel B. Cook, John Cook, Franklin Corwin, Irus Coy, Peter W. Deitz, James Dinsmoor, Silas H. Elliott, DavidI M. Findley, Calvin H. Frew, W. Selden Gale, George Gay lord, George Gnndlach, Philip K. Hanna, Joel W. Hopkins, Humphrey Horrabin;, Daniel Kerr, Alonzo Kinyon, J. C. Knicker^i'; bocker, Tver Lawson, Charles W. Marsh, John M. McCutcheon, James R. Miller, William B Miller, Francis Munson, Adam Nase, George W. Parker,, Jaines M. Perry, William E. Phelps, John Porter, N. N. Ravlin, Chas. G. Reed, J. S. Reynolds, Aleif ander Ross, John W. Scroggs, Hiram P. Sickles, William M. Smith, Wilson M. Stanley, William Strawn, Ephraim Sumner, Jacob Swigart, H. H. Talbott, E. 3. Taylor, Bradford F. Thomp- son, L. D. Whiting, Samuel Wiley, Jonathan C. Willis, Ogden B. Youngs— 55. Nats — Messrs. Silas Season, Andrew J. D. Bradthaw, Lewis Brookhart, Beatty F. Bwrke, Charles Burnett, Newton B. Casey, Joseph Cooper, Edward L. Denison, James E. Downing, John Fhjoing, Thomas B. Fuller, E. M. Gilmore, John Halley, Thomas Jasper, John Landrigan, Edward Lanmng, Thomas E. Merritt, Abraham Mittower, D. H. Morgan, Timothy M. Morse, Smith M. P&l^ mer, C. C. M.- V. B. Paine, James G. PhilKps, John W. Boss, Leonard Bush, S. B. Saltonsttll, Charles Voris, David M. Woodson — 28. , Noi Voting — Henry Dresser, Henry 6reen-ry 2. " , ;, Indiana '? Senate. Yeas — Messrs Alanson Andrews, F. G. Arm- strong, J, Rufus Beardsley, Fabius Josephus Bel- lamy, A. S. Case, John Carew, Firmin Church,' John E. Cravens, James Elliott, Sternes Fisher, E. W. Posdick, Isaac P. Gray, John Cireeu, John" V. Hadley, Thomas M. Hamilton, L. W. Hess, A Y. Hooper, David P. Johnson, Isaac Kinley, Thomas N. Rice, John Reynolds. Milton S. Rob- inson, William J. Robinson. Harvey D. Sootlj, John A. Stein, Anson Woicott, Samuel P. Wood — 27. Peesent BUT not Voting — James Bradley, Wil- liam W. Carson, George W. Denbo, Thomas Clif- ford, E. C. Henderson, Archibald Johnston, Charles B. Laselle, Thomas G. Lee, David Morgan, Wil- liam F. Sherrod, Wilson Smith — 11. Absent— Messrs. Oehmig Bird, Sims A. Cal- ley, James M. Hanna, George V. Howk, Boberi Huey, Elijah Huffman, James Hughes, J. M, Humphreys, William H Montgomery, William Taggart, William S. Tumei — ^1. * House op Repeesehtatives. May 14, 1869. Yeas— Messrs. George A. Buskirk, (Speaker.) •On this day a message from the gOTemor an- nounced the resignations of the following members of the House : , , ■ramus P. Mock, as. Cory, W. n. Rutchings, J. E. SoVl), Isaac Odett, T.H. Palmer, J. C. McGregor, C. S. Mc 8rtj2- L. Carr,S. WUe,J. D. WUliama. W. K IHttemorc, AWt OnmiMAom, B.lMgm, J. AddUon, L. Calvert, D. H. Long, W. K.Admire,J.Cl.La«>ler, W. Tebbs, J. D. Cox, J. Hya& S. J. Barrttt, J. L. £ates, D. McDonald, A. ZoUars, N Di VOTES OF LEGISLATURES. 491 Reuben Baker, Jolm P. Barnett, Samuel Beatty, Fielding Beeler, Wm. 0. Bowen, Robert Breck- enridge, George W. Chapman, George F. Chit- tenden, Stephen Davidson, Henry G Davis, Moses F. Dunn, Reuben W. Fairchild, Timothy Field, E. C. Field, Allen Furnas, Oliver P. Gil- ham, A. E. Gordon, Samuel Greene, Colbarth Hall, E. W- Hamilton, E. S. Higbee, John Hig- fins, Austin Hutson, Amasa Johnson, James T. phnson, Samuel V. Jump, Robert T. Kercheval, Jonathan Lamhorn, Thomas Mason, John Mille- kan, Robert Miller, William Y. Monroe, Milton A. Osborn, John Overmyer, Gilbert A. Pierce, Isaac N. Pierce, John Ratcliff, James Ruddell, Stephen Sabin, William Skidmore, Allen W. Smith, A. P. Stanton, Richard Stephenson, Ste- phen H. Stewart, David M, Stewart, Freeman Tabor, John J. Underwood, J. T. Vardeman, T. J. Vater, J. A. Wildman, Isaac Williams, Ben- jamin F. Williams, William Wilson — 54. -pEESENT BUT FOT VoiiNQ — Messrs. John R. Coffroth,, J. 8. Davit, and James V. Mitchell — 3. [Not yet voted.] Iowa. Kansas. Senate, February 27, 1869. Yeas — Abner Arrowsmith, J. C. Bailey, J. C- B'roadhead, A. A. Carnahan, J. C. Carpenter, S. A. Cobb, W. H. Fitzgerald, W. H. 'Grimes, O. J. Grover, E. J. Jenkins, William Larimer, O. E. Learnard, James R. Mead, M. M. Murdock, John McKee, E. S. NiccoUs, J. H. Prescott, Martin Schmitt, W. H.Smallwood, S.'J. H. Snyder, A. 6. Speer, E. Tncker, M. V. Voss, H. H. Wil- liams, Levi Woodward — 25. .Nats— 0. Absent and not Voting — 0. House op Repeesentatives, Fehntary 27, 1869. .'Yeas— Messrs. N. J. Allen, L. D. Bailey, P. Y. Baker, James Blood, M. B. Bowers, F. C. Bowles, Aaron Brnndage, John Buterbaugb, Alexander E. Case, H. W. Cook, E. B. Crocker, William Crosby, I. N. Dalrymple, Rufns Darby, C. Drake, A. J. Evans, F. Gilluly, Charles Gregg, Joel Grover, John Guthrie, W. M. Hamm, H. C. Hawkins, D. Helphrey, Joseph Howell, J. M. Hunter, M. B. Hupp, Samuel Hymer, George E. Irwin, Z. Jackson, J. L. Jones, J. B. Johnson, D. B. Johnson, B. F. Johnson, Josiah Kellogg, Gyrus Kilgore, W. W. Lambert, Samuel Lappin, J S. Larimer, Joseph Logan, J. H. Madden, Joel Maltby, J. B. Moore, John McClenahan, 0. C. MfeDowell, J. A. McGinnis, H. W. McNav, W. F. Osborne, A. C. Pierce, J. Q. Porter, J. T. Rankin, M. H. Ristiue, D. D. Roberts, L. Rob- MUes, T. W. Lemman, W. Q. Neff, J. C. Shoemaker, M. T. Carnahan, P. M. Zenor, J. M. Sldeih, J. S. Cotton, J. F. Wetbom, L. D. BHttm, B. D. Miner— A. -After the message, a vote was taken upon the adop- tion of the proposed XVth amendment, with above cesult. The Speaker ruled, that for ordinary legisla- tion the State constitution prescribes that two-thirds of the House (or 67 members present and answering io theirnames) constitutes a quorum, but it does not define what number of members, more than a simple majority of the legislature, shall be sufScient to act upon a proposed amendment to the United States Constitution. He therefore declared the resolution adopted. erts, A. G. Seaman, E. Secrest, William Simpson, W. H. Smith, J. D. Snoddy, R. E. Stevenson, Jacob Stotler, J. S. Taylor, Perry Tice, W. F. Travis, Wm. J. Uhler, James Walmsley, Amos Walton, Saml. R. Weed, R. P. West, David Whit aker, J. L. Williams, T. R. Wilson, George W Wood, M. S. Adams, (Speaker)— 73. Nays — Messrs. Thomas Femy, B. V. Flora N. Svmber, £. E. Palmer, P. S Tieman, Oeo W- Thompson, John F. Wright — 7. Not Voting— Messrs. T. H. Butler, E. E. Cof- fin, Oliver Davis, S. E. Hungerford, G. B. Inge, J. S. Martin, A. J. Mowry, McGrath, Mclutosb, R. Smith— 10. « Kentucky.* Senate, March 12, 1869. Yeas — R. T. Baker, Robert Boyd, John B. Bruner, 0. P. Johnson, Henry C. Lilly, W. J. Worthington — 6; Nats — Mr. Speaker, {Wm. Johnson,) Joseph II. Alexander, F. M. Allit9n, A. K. Bradley, Jno. O. Carlisle, Jos. S. Chandler, Jno. B. Clarke, Lr/ttleton Cooke, A. D. Crosby, Wm. A. Dudley, A. H. Field, Joseph Gardner, Eoan M. Garriott, P. B. Leslie, W. Lindsay, Isaac T. Martin, Wi H. Paynx, L A. Raiding, E. D. Standeford, Philip Smgert, Harrison Thorrmson, Oscar Twr- nor, A. C. vallandigham, W. L. Vories, Benj. J. Webb, L C. Wirifrey, C. T. WoHhington— 27. House of Rbpbbsentatives, March 11, 1869. Yea? — Robert Bird, Alexander Bruce, Demp- sey King, Zachariah Morgan, Hiram S. Powell — 6. Nats — Mr. Speaker, (John T. Bunch,) Peter Abell, John J. Allnutt, George W. Anderson, Robert C. Beauohamp, Siggason G. Boone, Or- lando C. Bowles, Jeremiah W. Bozarth, Jesse D. Bright, Richard J. Browne, William W. Bush, B. F. Canvp, Patrick, Campion, George M. Cay- wood, A. T. Chenault, Thomas T. Cogar, John N. Oonkwright, Thomas S. Corbett, Robert T. Dams, John Deaton', Francis U. Dodds, Michael A. Downing, O. L. Drake, George W. Drye, ThorrMS J. Fades, George R. Fearons, Manlius T. Flip- pin, Hart Gibson, Robert T. Glass, Wm. 0. Salt, George Scmiilton,. Mortimer D. Say, James R. HiNDMAN.t Smith M. Sobbs, Basil Holland, Bieltard 0. Sudson, Thomas L. Jefferson, Alfred M. Jones, Franms Justice, Alfred Kendall, Gab- riel A. Lackey, J. Fry Lawrence, John W. Lea- thers, Charles S. Lee, Wm. Lusby, Wm. J. Dusk, Beriah Magoffin, Samuel I. M. Major, Andrew J. Markley, Alexander L. Martin, Mortimer D. Martin, Jas. M. McFerran, W. Estill McSenry, James A. McEenzie, Guy S. MUes, John Wesley Mosely, John Allen Murray, John W. Ogiline, William N. Owens, Thompson S. Parks, Senry L. Perry, George 0. Perkins, Julian N. Phelps, Elijah 8. Phiiter, Wm. Preston, Wm. B. Read, John D. Russell, Culvin Sanders, Robert Sim- mons, Fenton Sims, Alexander B. Smith, Richard M. Raiding, Barton W. Stone, David P. Stouty Sezekiah K. Thomas, James White, Robert K, * The vote actually taken was on a joint resolution to rnjeet the amend,ment; but I have made the record to correspond in form with the other States, in which the question was on ratifying. t Conservative. 492 POLITICAL MANUAL. White, James A. Wilson, Samuel M. Wrather, J. Sail Yowdl— SO. Louisiana. Sehate; Fibrnary 27, 1869. Yeas — Measra. C. C. Antoine, H. Ji Campbell, f. V. Coupland, L. B.. Jejiks, Q- Y. Keleo, J. Lynch, J. J. Monette, 0: C. Packard, P. B. 3. Pinohbaok, EiPoiDdiBxte^^ C. Pollard, Ji.Bandall, J. Bay, M; P. Smith, a M; T«dd„ C. W-ileM, J-' E,."W;illiwns,. J. Wittegn*tsiD-rl8. Nays— Messrs. (?. HxBraughn, J. C. Egan-,W', L. Thompson — 3. House of EepeesENtaiives, March 1, 1869. Yeas — Mbsbeb. Chairiea W. Lowell, (;^eoier,) Xsaac A. Abbott, i^rank Alexander,. £. 0. An- toine, C.J. Adolphe,, Oot^e Bi?lQt, 0. H. BreWr ster, Dennis Bnrrell, B. CollinSj W. S. Qalbann, M. Carr, Sam: 5. Cuny, P. Q- Deslonde, E. W. Dewees, P. L Dnfieane, 4-. 3- SemaTe^ 'S. Bonglaa, T. B. W. Evans^ \. W, Faulkner,, P. Guigonet, John Gair, J. GsTB%amp. Chfts; Grw, Paul Gujdry, J. A. Hall, J. T, Hanlpn, H. Heii- enhain, G. H. Hill, E. Honore, J. W. HutobineQH, E. H. laabelle, E. Langp,. V. M. Lauge, B, Dft- Blamo, Chaa. Le E»y, Milton Morris, J. H. Ma- Vean, Wm. MurrBl, W. C. M^lvin, B. Money, E. J. Moran, James S. Mathews, John Pagei M. Eaymond, D. H. Reese, Henry L, Eey, Moaes SCerrett, Robert J. Taylx5r, A.,Tnreaiid=, H. C. Toumoir, S. UtDph^eya, James J. Walsii, Seo. Washington, E. S. Wilson, David Young'— 5&. Nays— Messrs. L. P. Bryant, James R. OtirreU, Wm. HaskeH,. James Ifcmdlm^ W. Pope Noble, a B. Pratt, J. E. Eengstmf, P. H. Waters, Jaeeb Zoelly—9. Noi VoTiNQ — Measra. Leslie Barbee, W. W. Bennett,, J. B Bergeraan, E. Borge, J. A. Craw- ford, Jos. H. Degrainge, Ulger Dtiptart, Gharlea A, Eager, J. B. Esnard, David C. Foutg, Peter Barper, W. M. Holland, J. M- Judice, Amos Kent, J. B. LandeiiB, A. L. Lee, E. F. L^Haate^ Hariy Lott, Jacob Magee, Tbeophile Mabisr, W. L. McMillen, Joseph Mansion, C..E. Ma^, &. Q. Motlere, John Pearje, William H. Pirarce, S. Prejean, Willis Pireseott, J. Simms, H. G. Slaton, Hendereon WUliams, William 0. Williams, L. A. Wiltz, B. 0. Wrsn, P. Jones Yorke, Nicholas Young— 36. Uftlne. SehatB, March 11, 1869. Yeas— Messrs. William W, BaJster, John Book, George Gary, T. H. Onshing, Eenel Fuller, Lorenzo Garcelon, Charles B. Gibbs, George Goodwin, Thomaa R. Kingsbury, M. D. L. Lane, ThomaB 9. Lang, Stephen D. Lindsay, Manderville T. Ludden, Frederick G. Mesaer, Benjamin D. Metcalf, Jeremiah Mitphel^j Jacob P. Morse, Benjamin B. Murray, jr., Sumner A. Patten, William B. BnelJ, John L. Sfjeyens, F. Loring Talbot, Samuel Tyler, Lnther H. Webti, Joseph H. West— 25. Nay — Mr. M6se$ R. Mathewsi—X. HonsB, March 11, 1869. Adopted Unanimously — The members pres- ent being: Charles B. Abbot, Nathaniel Aveiill, John W. Barker, K M Bennett, W: H. Bigfe, low, Francis Blackman, Granville Blake, E. K Blaisdell, Hiram Bliss, jr., Uranus 0. Brackett, Alden Bl-adlbrd, Edmund Bragdon, jr., Henr^ Brawn, George E. Brickett, John. E. Bridge^, John A. Briggs, Jethro Brown, Jtimes M. Buz- zell,, Q. W: WdiaelV,. E. A. CalderwQod, P. J. ^rittxm, Hanson T. Caryer, Jbhn S. Case, J'. H; Chamberlain, Andrew C. Chandler, D. W. Chairs man, P. A,. Chase, George A. Clark, James M, Coffiii,. Cyrus Cole,, Marshall Cr^jn, Jendell, S. D. Eichardaon, William M. Ruat, Edmund Eussell, John Easfetl', D. W. Sawyer^ Whitman Sawyer, Slillfgaa W. S^aw, Beuben Small, Joseph O. Smi4h, Thaddiens S. Somes, Pliny B. Soule, Jas. M' 8l^9fl0, L. M. Stortsf, Ira B. Sturgis, Judah D. TesgBe, N, Wiom^sn; E. W. Tbonipaon, J. p. Xhwing, PhJllandex Tolmaa, Abaer Toothake^ Ikmtmcm M- 2Vw, Charles Y. Tnell, Elleru J\irner, Tiwnjae B. TwitcbeLl, Alfred Watts, Cyrils Wawgh, E,. W. Wadgawnod, Andrew Xi, Weston, CUrlsa E. Whidfen, Daniel Wbit^ joshwt WHtmy, Elijah. Wyman. Maryland. {^ot yet voted.} UassacIiQgetts. Sbmatb, March 9, 1869. Yeas— Mea^rs. N^iul. E- Atwood, JTathl. J. Hqlden, ,Jo8hn^ N. Marshall, George M. Eice, George 0. Braatow, Estea Howe, George H. Mon- roe, H. H.Ceolidge, Eichmond Kingma,n, Danr iel JSTeedham, Geotge S. T?,ylor, Saruuel D. Crarig. Lucius J. Knowles, Julius A. Palmer, Whiting Griswold, John H. Lockey, Eichard Plunxet Gershopi B. Weston, John B. Bathawav Chat E. McLean, Joseph G. Pollard, 0. H. P. Smith', George M. Buttriok, George A. King, Edwin Ll Morton, George H. Sweetser, J. Scott Todd, Ed- mund Dowse, Charles E. Ladd, Robert C. Pitman, VOTES OF .LBGISLAT.UKBS. 498 Harrison Tweed, Charles A. Whirloek, Francis A.'Hobart, Charles Marsh, Joseph G. Ray, Jona- than White— 36. Nays — Messrs. Serijamin Dean, Aloneo Jf. Oilka—2. House op Eepeesektatives, Mwroh 12, 1869. Yeas— JVIesBi-s.' William 'T. Adams, Alexaijrter H. Allen, John A. P. Allen, ^^illiara W. Ama- don, Prank M. Ames, Isftaio A. Anthoiiy, John i. Baiker, Life lialdwin, John Bali-lol*, William B. Barnes, William- Bartlett, 'Hizra Batchfcller, Jacob Bates, Loring Baites, Marens A. Bates, Alfred Belden, Fran-cis W. Bird;'Saml. G. Bbwd- lear, Charles Bradley, Sum uel P. Breed, Ezra C Brett, Benjamin A Bridges, Jethro C. Brock, William G. Brooks, John Brown, WerdBn E, Brown, Ferdinand L. Barley, Alvah A. Barrage,' Alfred A. BurriU, •KoM'n'ey French, Josiah 0.' Friend, jr., Chanuoay "G, Fuller, Geo. L. Gibbs, Edwin Gilbstt, Kimball G. Gleasdn, Abijah W. Goddard, Stephen D. Gbddard.'Jo'hn B'. Good- rich, ThotoM'H. Gobdspeed, Levi S.-GoulS, Sath. .H. Gould,' Wesley A. Gove.W'm. T. Gram'me^', ■6alvin S. Greenwood, Charles H. Guild, MosSs • H. Hale, Lyman S. Jiarigodd, Eich. P. A. Har- ris, Abraham G. Ha,rt, Edwafd H. Hartshorn, AndrewL. Haskell, Wm. H. Haskell, James A. Hervey, James HQwes, Chas. A. Hfe-wins, Elnasr Hewitt, Wm. Hicbboi-n.Levi W. Hobart, Thoyn- dikeD. Hodges, Ambrous Hof4gkina,Al\fah'Hol-. way, James Horswell, Samuel Horton, Charles: H.i'Hfivey, Geo. F. Howland, James Humphrey, Theodjre C. Hurd, Harvey ■ Jewell, (Speaker,) Henri L. Johnson, Eobert. Johncon, Herbert C. Joyner, ShtibaerB. Kelley, Wjlliam W. Kellogg, Thos. G. Kent. Moses Kimball, Dexter' S. Kii^, Enoch King, Daniel W. Knight, Jos. S.. Knight, Oliver S. Butler, Sblomon Carter, Albert Cbam- berlin, Linus M. Child,' Wm.M. Child, Horace Choate, Le. Baron B. Church, Joseph N. Clark, Asa Clement, Samuel Clopp,Aurj G.iCoes, Ben- Jiinin F. Cook, George P. C»x, /F-reeborn W. Orissy, James M. Cunliff, Ebbt. S. Daniels, 'Elna- ihanDavis, William "W. Davis, EbenezerrDawesj John Dean, Avery J. Denrson, Benjamin Dupar, J.Franklin Dyer,- Wm.-InEdw«rds, Thos. Ellis, Jacob Fisher, Charles A.'^Fiske, Wm. Fletcher, James B. Francis, Franklin C Knox, Albert Langdon, Eoger H. Leavitt, Manning Leonard, Nahum' Ijeonard,,.j,r.,, WilliamlLi'Vei'mofe, Caleb Lombard, Josiah Jjor ;, jr., Marcus M. Luitlrer; Charles N. Marsh, Wm. Melcher, Wra.E. Meli 'd'eti, Ohas. H. Merriam, John.M. Merrisk.iMoody Mg'rrill, Wm. H. Merritt,- Lansing Millis,, Eben lilitchell, Elliott Montague, Lyman E. Moorei, '"Asa P. Morse, .Newton Morife, Edwin .Mu^ge; Nathaniel Ot Nash, Henry J. T^azro, Thomas L. !i3elson, Daniel H. Newton, Jeremiah. L. Newtoni Q'eo, K. Niohol^, John P. pber. Weaver Osborn, Eufus S. Owen, Samuel, t^. 'P-aine, John C. Peaki Joseph D. Peirce, Francis A.' Perry, .Avery Plu- id.er, A. A. Plimpton, tM.'C Phipps, Augustus Pi'att, Joseph A. Priest,- Asahel 1).. Puffer,. Ed^ gar' H. Bee^, Ezra Eije, James-Eitcbie, James H. Eoberts, Ensign^ B. .Eogers, Joseph N. Rolfej Augustine K. Biiss'ell, Georg« J, Saijger, Jossph Li oargent, 'Samuel D. Sfiwin, Clark' fe'eaiis, John, N. Sherman, Eufus S. Slade,_ Edward. .Smith, Horace Smith, IramiSm-ith,; Johnr JaSmithj'Mstr- tin L. Smith, Willis Soijith, •Welcome 'W^. Spr^gup, Charles W.'Soule,.,L...Miles Stasdish, Haynes 3S. Starkweather, Eliphalet Stone, Buel F. Thay«r, Justus Toner, S. K. Towle, Welcome H. Wales, Eoyal S. Warren,'Thos. S. Waters, Henry White, D.DwigJjt WhitmoriS, Emerson Wight, Charles Wilcox,-Salem Wilder, Alfred, M. Williams, War- ren i'Williajns, William D. Witberell, George M. WobdwarJ,.D. T. Woodwell, Luther A. Wright, P. Ambrose Young— 192. Nats — Messrs. Eieh. D. Blinn, IXennie Cam- ley,- jr ySam.U(fl Clark, Alcumon Orittenden, £m- jamin jFtmihlvn.^ Dennis J. Oormwrj,, Su.gh A. Madden, Murdoek ill/fatbesorii. Charles J. Mcln- tyre, F. S. Morse, Thomas F. PlimkeU, Thomas K. Plunkett, Caleb Sand, James Wilson, Orlow Wolcott— 15. *NQTyOTHirQ— r33. Uiobigaii. Sei»a«e,,1^9. Yeas— Charles Andrews, Jbbn' K.' Bt)ies, Evan J. Bonine, Henry 0. Conklmg, John C. Fitzger- ald, Bela W. Jenks, J^^hn H. Jones, Ezra L. Koon, Charlesi Blubt'Mills, Stephen Pearl, Peter E. L.,,Peirce, Delos Phillips, Abraham- C. Praty- main, .'Hampton Eich,. Elliott T. Slocum, Anios Smith, Th'aiddeuB G- Smith, .'Johp ,H. 'Staudish, George .Thomas, .Jerome W. .Turner, P. Dean ■Walker, William B. Williams, (President, lira tern.,) Richard 'Winsor, Alfred B. Wood, Hiel Woodward — 25. .N&'is— William Adair, Lorerzo jM. Maso^, fdwavd i.G. Morton, 'Lyman Decaiur Norris, ^illiam "Willard, jr. — 5. . House of EEtBESESTATivES, 1869. Yeas — John'A-very, Horace T.'Barnaby,' Ben- jamin L. Baxtfer, Isaac D. Beall, Jobn'E. Blafce, -Ezra Botetwick. Natha-n 'S. Boynton, George; G. Briggs, Ellery A. Bronnell, Alexaoder'Cameron, -Benjamin Clark, Archer H. Crane, Daniel L. Grossman, .James L. Curry, William E. Dslvis, PhiJoiDoty, xWilli-am &. .Eck, -Adam -Elliott, George 'H. .Fenner, .Ceylon ,C. Fullsr, Milo- E. Giffdrdj Levi N. Goodrich, "WilUam W- Hstrteon, Henry H.' Holt, Dexter Hortop, Edmund W. Huh.t, William'H.Hurlbut( Benjamin W. Hus- ton, jr.i-ioo'mis Hutiihinson, John N.'Ingersoll, Charles A." Jewell,' Peter Lane,, Enos T.'Lovell, laires W. Mandigp, Edward, M. Mason, Henry McCowepi'Nortoii L. Miller, Charles' R. ^illiijg- ton, William H. C. Mitchell, Lyman Murr^, Orlando' Newman, H«nry A. Norton, John,-M. Osborn.-^moryM. plimptop.'TJzziel Putnam, jr., Almond B.Eiford, Harvey B. Eowlson, George P/Sabford,. Brackley-Sliaw,, jr., Charles Shier, Aaron Si'ckeis, Thomas J. SlayLon,.Robert B. Smitii, Jos. W.rSniell, AbielS. Stannaid,. Frank B. Stockbridge, George W. Swift, Almon A. *Ujiileriaii'<*i*<}er'of feo'Hc i-ii'e, permittlngabseii+ee.9 to reeord-tttfw thc^y.^vould'haye voted bad they been present, the foUowing were iteporded : ■Yeas— Messrs. .George H. ' Barrett, Wm. W. Nichols, S.-H. 'Walker, Bonry CliMsei >(D. S.'Brown, E. Poster Bailey, -Lewis S. Uudd, Addison G. Pay, Henry Blake, Jaa. AjStranger, Francis A, Nye, Sara'uelB. Simmons, Stephen M. Orosby, S. S-'Wiflson, Charles P. LyOn, Shepard-Tli»54e'P. OKeeffe, Edward.L.. Patrick, J. B- Pearsall, George W. Plunkiit, Josiah Porter, R. M. Skg&ls, A, W. Smith, James /Stevens, Edward Slurges, .James Suffeni, John.Tighe, Moses Y. Tilden, D. W. 0. Tower, Peter Trainer, Charles H. Whalen, .Henry Woltman — 47. Not Voting— Edward Akin, Msttthew P. Be- mus, John Decker, John L. FMgg, George L. Fox, Alexander Frear, John Keegan, John B. Mad- . den, H.vRgy— 9. , North Carolina. Sehate, March 4, 1869. Yeas— Messr.s. W'illiam Barrow, J. W. Beas- ley, P. T. Beeman, JN. B., Bellamy, C. H. Brog- den, Silaa Burns, jas. filythe, D. D. Colgrove, J. B. Cook, J. H. Davis, J. ,;B. -Eaves, Henry -Eppes.iSamnel Forkner, A. H. Gallow.ay, O. S. Hayes, J. S. Harrington, J. A. Hynjan, A. J. , iones, W. D., Jones, B. W. LjiBsi.teri jEdwin Legg. '.J. M. Lindsay, P. A., Long, W- L. Love, .L. A. iMason, F. G. Marljindaje, W. 4" Moore, W. M. Moore, /. TF. -OsJome, W.. B. liichardson, J. B. Jlespasfl, T. M. Shoffner, S. P, Smith, J.,W. Ste- phens, W. H. S. Sweet, G. W. Walker, . E. ,A. ■.White, E. J. Wynn^, O^S. Winstead, Peter Wil- son — 40. Nats — Mesjsrs. Jq,shua Bflrries, Pi, L. Beall, ' /. W. Graham, C. iielehor,, W. M. ,Bobl)ins,J. G. ..8cottr—6. Hou3E,,(JlfareA-4, 1869. Yeas — Messrs Joseph W. Holden, (.Speaker,) Wallace Ames, Thomas M-.Argo, J. Asnworth, Louis Banner, S, C. Burnett,, E. T. Blair, J. W. Bowman, W. G. Candler, M. Carson, "W. Carey, Wm. Cawthprn, &. C. Cber):y, J., H. Crawford, Joseph Dixon. Hugh Dowtiing, D. S.'Ellingt,9u, L. G. Bstes, B. Filkenpr, fv W. 'Fp^ter, "8. 'D. Fraijklin, iaeqr'ge Z. Freflch,' Geo. W. 'Qaljagan, v. W. Gillisrt,.&«Ar8« A.Q)i.hpni, F. W.Qrkr, W. T. Gunter, J. T. Harris, J. H. Harris, W T. J. Hayes, A.L. Hendrix, R. H. HiUiard, B. %. Hinnaut, David Hodgin, P. Hodnett, J. Hoff- man S. G. Homey, T. U. Humphries, Ivey Hudg- iugs, Dixon Ingram, 2'. J. Janris, W. D. Justqs, J. M. Justice, J A. Kelly, Geo. Kinney, ByrQn Laflin, J. 8. Leary, J. B. Long, C. Mayo, W. W. McCarJe.ss, J. R.' Mendenhall, F. G. Morinc, /. A. Moore, W. A, Moore, B. D. Morrill, B. W. Morris, R. C. Parker, J. T. Pearson. E. W. Pou, Geo. W. Price, jr., E. K- Proctor, J. W. Ragland, J. J. Red, John W. Renfrew, P. D. Robbins,'/. L. Rohimon, J. T. Reynolds, A. T. Seymour, W. B. Siegrist, James Sinclair, J. R. Simonds, J. J. Smith, E. T. Snipes, George W. Stanton, Hiram E. Stilley, J. 8. Sweat; T. A. Sykea, T. M. Vestal, J. P. Vest, J. E. Waldrop, W. P. Welch, J. White, R. D.Whitley, L. D. Wilkie, J. H. Wil- liamson, S. 0. Wilson, A. C. Wiswall— 87. Nays — Me.ssr3. /. /. Allison, N. E. Armstrofi^, W. W. Boddie, J. W. Clayton, Plato Durharn, T. Farrow, W. B. Ferebee, J. P. Gibson, J. ifi.. Hawkins, D. P. High, W. H. Malone, J. C.-Mc- Millan, T. A. Nicholson, E. M. Painter, Damd Proffit, Isaac M. Shaver, J. L. Smith, D. E. Smih, F. Thompson, B. C. Williams— 20. Ohio.* Sbhatie, April 30, 1869. Yeas — Messrs. Thomas R. Biggs, J. Twing Brooks, J. B. Burrows, Abel M. Corey, David A Dangler, Homer Everett, L. D. Griswold,,J. Francis Keifer, Henry Kessler, King, Solomon Kraner, Abraham Simmons, William St^dman, ■Samuel N. Yeoman— ^14. Nays — Messrs. Curtis Berry, jr., W. H. H. CatK^bell, Wm Carter, 8- F. Dowdney, J. Emmiit, Louis Evans, T. J. Godfrey, W. Meed Golden, Harmount. Robert HatcKeson, James B. Jamiien, ■ Jonathan Kenney, William Lawrence, DaniehB. Limn, Manuel May, Henry W. Onderdonk, i Geo, Bex, Charles M. Scribner, John L. Winner-rt<'i,'9, House, April 1, 1869. Yeas — Messrs. Ross W. Anderson, Mad^spn Betts, Hiram Bronson, Deles Canfield, Reiibea P. Cannon. S. C. Carpenter, George Crist, Rob- eft B.. Dennis,, Joseph" Hi Diofcson, Jeremiah.M. I)unn,, William M. Eames, Morris E. Gallflp,; Benjamin L. Hill, Amos Hill, William P. John- son, Samuel F. KBrr,,'Samuel C. Kerr,M. C. hm- renoe, Alfred E. Lee, Samuel T. MoMorran, f'.r.ed. W. .Moore, Welcome 0. Parker, William Eiteael;" Jonathan K. liuk.enbrod, James Sayler, i^illiam'. H. Scott, John Lincoln, William Sinclair, Geo. W- Skaats, Perry Stewart, Josiah Thompson, JpSefh C. Ullery, ,H«nry Warnking, Marwin Warr«n; .Thomas Welsh, Jacob ^olf— 30. Natb— il^essrs. William T. Acker, Jacob Ba- he/r, Edward Ball, Wilmer M. Belville, John„tV^. Branch, Peres B.Buell, Bushnall, Daniel X Wal- ler, Joseph B. Cockerill, Eliska Q. I)enman,.'Jo- seph. DilnLorth, Levi Dii,ngan, William Fieldjkg, J»aac.J.FvnUy,Elias W. Gaston, Robert P. Qpr- \ don, Eliel .Headlw, George Henricks, WiVmrn D. Hill, Peyton .fford, John L.. Hughes, Hugh *The vote actually taken W|» on a Joint resoluljon ' to r^eet, but I. bare made the, teooird correspond ittfti' pt:herSiate«,.aad stated Itas if the motion had heeiitp' rat^. ■ ■ ., VOtBS OS LBQISLATUBBS. 49f7 T. hfiSili, Richard E. /oftei, John D. Kirhp, Jno. M. Kennon, Wm. LdrimiU, John Lamorl, Edljph "Leete, Q. T. Mann^ Laibretiie MeMarreU, More, •■Litimrence T. Neal, James W. NiHirnati, Thomas M. iTichol, Morgan N: Odell. Jamh Parhi, Jno. B. Bead, /antes Bohinson, Williain L. hofii N. 0. Butter, Williafli Shaw, Andi'ew J. SiJadin, Je- tiak Svoetland, Ansel T. Walling, WiUvXm B. WiUon, Samuel It. 'Wwth\ mid Sp&oJitr^^-Vi: [Not yet voted.] Oregon. FeiiiMyl^Bni&; Sena*e, Marth \\, 1869. Yeas— Messrs. Esaias Billingfelt, James C. Brown, G. Dawson Coleman, George Connell, Russell Errett James W. Fraher, James L. Gra- ham, A. Wilson Henszey, Jamea Kerr, Morrow B. Lowry, A. Q. OlmBted, P. Ml. Osterhout, Jno. K. Eobinaon, C. H. Stinson, Al^x. Stutzman, A. W.T'aylor, H. 'Wrhite, Wilmer ^orthinatbh— 18. Nats — Messrs. John B. Beck, B. S: Brown, Charlton Burnett, J. D. Davis, 0. M. Duncan, George D. Jaclcsen', i?. J. lipnderman, William McGandless, Charles J. T. MeJniire, A. 0. MU- ler, D. A. Naale, WHlicip- M. Bandatt, Thomas B. Searight, Samuel O. Turner, Willig,mA. Wal- lace — 15. ^HousE OF REPRE^EHTAiivES, MhrcU 25, 1S69. , Yeas — Messrs. Alex. A(}aire, Fred. W., Ames, 'William Beatty, Samuel T. Brown, Andrew J. Buffington, Wm. ij. Bumd; Loren Bufritt,,Jolra F. Chamberlain, ICho?, Church, JuniiiB %. C|ark, John Cloud, Elisha W. Da-vis, Allender P- Dun- can, John Edwards, David Foy, Jacob., 0. Giat- ohell, Alex C. Hamilton, Jacob Q; Heilman, A. Jackson Herr, A^m. G. Herrold, fiobert Her- vey, Henry B. Hoffman, Jas.,Holgate, Marshall C; Hong, Washington W. Hopkins, Mil^s S. Humphreys, Jas. A. Hunter, Samuel M. Jacl?- son, Samuel Eerr, Ghas. Kleekner, Augustus B. Leedond, Alex. Lesli?, Jacob fl. Longenecker, Bavid M. Marshall, Amop H., Martip, ^ephen M. Meredith, Vincent Miller, George F- Morgan, George W. Myers, Thomas Nicliolson, Jerome B. Niies, Wm. P.. I. PainlKr, Jacob G. Peters, Jas. i^,. Phillips, Geo. P. Rea, Archimides Eobb, Jos. Eobison, David Robison, ^Imon P. Stephens, James V, Stokes, John D. Stranahan, Butler B ' Strang, Jas. Subers, Aaron H. Summy^james: Taylor, Harvey J. Vankixk, Jphn H..Walker,i James H. Webb, Jno. Weller, Geo. S. W;estlalie, Geo. Wilson, John Ckrk, (Speaker,)— 62: , ■iN-ATa — Messrs. Joslwm. Beans, Miahnel Btafd,' Sirrmiel F. Bossard; Phillip Breen,' Henry Brohst, Bohert B. Broiiin, Theodore Cprrananj JQaniil E. Creitz, Samuel J). Mailw/, William J. Davi^, 0mstrong B Dilljjajmea .^schbqichi.John S. fogel, George it. Oovfidie. Henry S Hottenstein, George B. Hursk, Bichmo^d L. Jones, Sitmuel ■Jfisephs, William, j^. Hose, Tho?. J. McOullough, John M. Ginnii: JE!d%ard 0, . McKintfTyi, Henry ^pMiller^ P. Gray ^eeT/jix Michaeis Mullvm, Wn. M.Wdson,t)ecatUr RMeeiMfinlL. d'Neim, Joi. Piace, Wm. H. Playford, John Porter, Benja- min F. Porter, John I, Bogers, George Scott, Jot. Sedgwick, John Shirely, Lewis S. Stout, Ifathan a. Westler—Z%. 32 fihode Island. Sen-ate, May 27, 1869. Yeas— Mbssrs. Whe'atoti Allen, Nicholas Ball, George L. Glatk., George H. Corlips, Benoni Car- penter, Samuel W. Church, James S. Cook, Geo. B. Cogg^shall, John M. Douglaps, Jamei T. Ed- wards, Benjamin Fessenden,, Lysander Flag^, Charles H.' Fisher, Albert ,G. Hopkins, Da*id Hopkins, AaahSl Mkttesdn, Jos. Osbbrhe, Daniel B. Pond, William C- Pottefi Jethrci Peekhatn, Isaac. B. Rlchmdnd, Lfewis B. Smith, Charles 0. Van Zandt— 23. Nays — Messrs Patdoil W. SteVetis, A\fred Ali,thori/g, Williap Butler, Stephen C. Browning, ^las C, Oraf^ddll, Samuel Jrl. .Cross, Alexander Eddy, Tilnoth!) A. Leonard, Nathaniel G. Peck- ham, John B.'PeiHrce, Joseph W. Sweet, George W. Taylor— 12. House or Rep resehtatives, Jl/ixj^ 29, 1869. Vote on postponing the question till the January session, f For Postponemeht— Messrs. William D. Aid- rich, Ferdinand H. Allen, Emor> J. Angell, Ju- lius Baki?r, George N. Bliss, Theodore P. Bogert Raylies Bourne, John C. Brown, Ezra J. ('ady, J Hamilton Gj,arke„ Nathaniel B, Durfee. H^nfy T. Grants ,'Eichard W^ Greene, Mason W- Hal^, Stephen Harris, William S. Kent, Robert ¥<,. Knowles, Edward Lillibridge, John Lov'elarid, Francis W Miner, Arlon Mowry, George H. Olney, Samuel B. Parker, John C. Pegram, Sam- uel Bodman,jr., William P. ShafTieldi -Wat/ianie! C. Smith, George T. Bpicer, Joseph E. Speink Horatio A. Stone, Nathan T. Verry, Albert M Wdite, John E. Weeden, Joseph D. Wilcox, Jas. M. Wright— 35. Against Postponement— Messrs. Benjamin T Eames, (Speaker,) Williaih T. Adams, Edwic Aldrich, Lucius C. Ashley, John H: Barden, Wil- liam W. Blodgett, Franci.s Brinley, Joseph F. Brown, Henry Bull, jr., John T. Bush, Thomas G. Carr, John G. Child?, Thomas GogpeshaH, jr., James C. Collins, Davis Cook, jr., Saladin Cook, Ed. Dowling, Daniel E. Day, Henry F. Brown, Edwin L. Freeman, George W. Green, David S. Harris, Wm. Knowles, Nathan B. J..ewis, Jesse Metoalf, JabSJ! W. Mowi-y, Charles H. Perkins, William H. SSagraVfe, Owen W. Simmons — 2&.. South Oafdiiiia. SsitATk, karch ^. i869. Yeas— Messrs. H. Luck,^ R. H. Cain, E. l! Dickson, R.,J: Donaldson, H. W. Duncan, J. A Greene, W. R. Hoyt, J. K. Jillson. C P. Leslie, John Lunney, C. W- Montgomery, H. J. Max- well, W. B. NksU, Y. J: P. Oweah. J. H. Rainey, W. E. Rose, S. A. Swails, J: J. Wright— 18. Nat — Mr. Joel Foster — 1. Hbusk oi" Repeesentatives, March 11, 1869. Yeas— Messrs. E*. J. Mpses, jr., (Speaker,) B. i.. Bosefflan, B.,F. Berry, W J. Brpdie, S. Brown, John B/i'sbon, j^^seph Boston, John A Boswell, /asgri.Sr^/i^y!, ,W.,Jl. Pishqp, Lawrence Ga,in, E, J. Cain, Wilson Cooke, W. S. Collins, Joseph Crews, R. C. DeLarge, John B. Dennis, William Driffle, B. B. Elliott, J. H. Feriter, S. Farr W. H. W. Gray, John Gardner, ,&op Goodson, E. 498 POLITICAL MANUAL. Ilaj^ea, C. D. Hayne, James N. Hayne, B. Hum- phries, G Holliniin, James Hutson, D. Harris, John B. Hyde, D. J. J. Johnson, W. E. John- ston, S. Johnson, B. F. Jackson, H. Jacobs, B. James, H. James, W. R. Jervay, J. H. Jones, W. H. Jones. C. S. Knh, H. J. Lomax, George Lee, S. J. Lee, J. Long, J. Mayer, W. 0. Morrison, W. J. Mc- Kinley, E. Mickey, G. F. Mclntyre. H.'MoDan- iels, J. S. Mobley, J. P. Mays, J. W. Mead, W. Nelson, J. W. Nash, J. L. Nagle, P. J. O'Con- nell, H. W. Purvis, W. Perrin, J. Prendegrass, A. J. Ransier, Thomas Richardson, T. Root, A. Rush, P. R, Rivers, E. M. Stoeber, C. J. Stol- branch, Robert Smalls, A. Smith, 8. Saunders, H. L. Shrewsbury, P. Smythe, T. K. Serporlas, R. P. Scott, B. A. Thompson, S. B. Thompson, Reuben ,TomKnson, W.M. Thomas, S. Tinsley, C. M. Wilder, John Wooley, W. J. Whipper, J. H. White, J. B. Wright, George M. Welfe— 88. Nats— Messrs. 0. M. Doyle, B. M. Smith, John Wilson — 3. Not VoTiNa — Messrs. B. Barton, T. F. Cly- hurn, John A. Chestnut, George Dusenberry, L. W. Duvall, F. De Mars, P. E. Ezekiel, John G Grant, J. Henderson, J. H. Jenks, H. Johnson, G. Johnson, W. 0. Kdth, F. A. Lewie, 8. lAtUejohn, Wm. McKinley, John B. Moore, Y. B. Milford, F. F. Miller, W. J. Mixson, S. Nuckles, C. H. Pettengill, B. F. Sloan, W. G. Stewart, William Simons, J. Smiley, Q. 0. Turner, W. W. Waller, H. W. Webb— 29. TenneBsee. [Not yet voted ] [Not yet voted.] Vermont. [Not yet voted.] Virginia. [Not yet voted.] West Virginia. Sekate, March 3, 1869. Yeab — Messrs. Joseph T. Hoke, (President,) Jam«s Burley, H. K. Dix, Willis J. Drummond, Ephraim Doolittle, George K. Leonard, Z. D.. Ramadell, Alstorpheus Werninger, Wm. Work- man, Samuel Young — 10. Nats — Messrs. Lewis Applegate, Wm. J. Bore- man, Jesse H. Gather, Henry Cf. Davix, John M. Ph«lps, Andrew Wilson — 6. HoDSB, March 2, 1869. Yba8 — Messrs. Solomon G. Fleming, (Speaker,) Joseph W. Allison. George W. Carpenter, James ■Carpenter, Benjamin F. Charlton, Elias Cun- ningham,, George Edwards, Joseph H. Gibson, Sidney Havmond, Fenelon Howes, John S. ■Keever, Edward 8. Mahon, Andrew W. Mann, William M. Powell, Thomas G. Putnam, John Keyaolds, iBamey J. Rollins, Owen G. Soofield, John Rufus Smith, Jesae b. Snodgrass, Richard Thomas, William 0. Wright^22. Nats — Messrs. Hhodes B. Ballard, John Bow- yer, Reuben Damsson, Henry H. Dits, William M. French, Alpheus Garrison, Benjamin F. Har- rison, James Hervey, John A. Sutton, Alexander M. Jacob, John J. Jacob, John Kincaid. Daniel Lamb, Thomas W. Manion, Jas. T. McClaskey, David S. Pinnell,. Charles W. Smith, Louis C. Stifel, John T. Vance— 19. Wisconsin. • Sbnatb, March 9, 1869. Yeas — Messrs. Henry Adams, S. S. Barlow, W. J. Copp, J. W. Fisher, William M. Griswold, Geo. 0. Hazelton, Lemuel W. Joiner, W. J. Ker- shaw, A. W. Ne*man, David Taylor, Anthony Van Wyck, Geo. D. Waring, Cbas. M. Webb, C. G. Williams, Nelson Williams— 15. < '"' Nats — Messrs. W. J. Abrams, Satterlee Clarke, M. H. Oray, Carl Sabich, Chas. H. LarMn, Wm. Pitt Ijynde, Lyman Morgan, Geo. Eeed, Adam Schantz, W. W. Woodman, Wm. Young —11. Absekt and not Votihg — F. S. Bragg, C. M. Buth, William Ketcham, N. M. Littlejohn, M. W. Louder, Curtis Mann, Henry Stevens — 7. House of Repbesbittatives, March, 3, 1869 Yeas — Messrs. Fayette Allen, Douglas Ar- nold, H. D. Barron, .1. B. G. Baxter, J. Bennett, Van S. Bennett, Benjamin H. Bettis, J. M. Bingham, J. N. P. Bird, Thomas Blackstock, H. C. Bottum, G. H. Brock, Luther Buxton, Syl- vester Calwell, Ben. M. Coutes, Joseph S. Cunis, W. P. Dewey, Seth Fisher, Jas. S. Foster, Hiram L. Gilmore, Geo. T. Graves, J. K. Hamilton, Joseph Harris, Andrew Henry, Robert Henry, Edwin L. Hoyt, Frederick Huntley, Edwin Hurlbut, Thos. A. Jackson, D. H. Johnson,! J. B. Johnson, C. C.Kuntz,0. B. Lapham, A.R. Mc- Cartney, J. R. McDonald, John McLeea, D. E. Maxson, Knute Nelson, C. C. Palmer, C. D. Parker, C. H. Parker, Cyrus Perry, A. L. Phil- lips, Thad. C. Pound, Abner Powell N. B. Richardson, Freeman M. Ross, Wm. E. Rowe, M. H. Sesaions, Adelmau Sherman, John A. Smith, S. E. Tarbell, Joseph M. Thomaa, Thornton Thompson, Vernon Lichoner, G. W. Trjisk, A. J. Turner, N. P. Waller W. S. Warner, Jefferson F. Wescott, Samuel C. West, and Mr. Speaker A. M. Thomson— 62. Nats — Messrs. John Adams, John H. Bohne, A. K. Delamey. Andrew Dieringer, Richard Don- ovan, Patrick Drew, Rees Fvans, B. F. Fay, John Fellenz, Charles Qdsse, Job Saskell, Jama Woye, E. S. Ives, John Kastler, J. McDonald, C. E. Mcintosh, D. W. Maxon, William Murphy, Eu- gene O'Connor, C. S. M. Peterson, J. Phillips, 0. Pole, Jerome B. Potter, Henry Reed, Henry 0. Bankel, John Buttledge, John Scheffel, Geo. B. Smith, Joseph Winslow—^9. Not Votiko — Messrs. George Abere, P. J. Conklin, J. L. Fobes, John Gillespie, Daniel Hooper, A. G. Kellam, Henry Rocthe, Parian Semple, Randall Wilcox— 9 XL VIII. STATISTICAL TABLES. PRESIDENTIAL ELECTION EETURNS.-NATIONAL DEBT STATEMENT. 'Electoral and Popular Votes for President of the United Statest for the Term Commencing Uaroh 4, 1869. SlAIIS. :|;FoB Prbsisent of the UmiXD States. Ss COM 1° o s> ■■§^ n PoPTTLAB Vote. 0.O "( .§3 New Hampshire.. Massachusetts Rhode Island Connecticut Vermont New York , New Jersey Pennsylvania Delaware Maryland , Virginian North Carolina South Carolina Kentucky Tennessee Ohio Louisiana Indiana Mississippi!! Illinois Alabama Maine Missouri Arkansas Michigan Ploridalf Texas Q Wisconsin Iowa California Minnesota. Oregon Kansas West Virginia . Nevada Nebraska Excluding Greorgia.. Georgia Including Georgia.. .'i8,191 136,477 12,993 60,641 44,167 419,883 80,121 342,280 7,623 30,438 31,224 69,408 6,648 47,600 18,046 429,883 83,001 313,382 10,980 62,357 13 214 214 96,226 62,301 39,666 56,767 280,128 33,263 176,652 84,090 45,237 116,889 26,311 238,700 80,225 166,980 260,293 76,368 70,426 86,671 22,162 128,650 199,143 72.086 42,396 59,788 19,078 97,069 108,857 120,399 54,692 43,542 10,961 31,049 29,025 6,480 9,729 84,710 74,040 64,078 28,072 11,126 14,019 20,306 5,218 5,439 2,955,699 57,134 3,012,833 2,600,427 102,822 2,703,249 6,967 77,009 0,445 3,041 32,132 glO,000 §2.880 28398 ?3,367 §31,919 12,136 17,064 §70,323 30,446 41,428 §46,002 9,.572 61,1."0 4,280 28.000 26.883 3,074 31,481 24,147 40,359 514 15,470 §104 17,030 8,719 1,202 4,290 355,272 §45,688 309,584 * The whole number of electors to vote for President and Vice President, including electorb of Georgia, is 294, of which a maj ority is 148 ; and the whole number, excluding those of Georgia, is 285, of which a maj ority is 143 , t For presidential election returns of 1860 and 1864 see p. Ill Political Manual for 1868, or p. 372 Hand-Book ol 1 For Vice President, Schuyler Colfax, of Indiana, received 214 electoral votes ; and F. P. Blair, Jr., of Missouri, 71 votes, excluding the vote of Georgia, or 80 including it. ^'Democratic majorities. BNo vote. V By legislature. 500 POLITICAL MANUAL. 3 3 8 3 »^ "^ t-3 1-3 Ik -^ (U w w a ■S -2-2 >>b'>> S S S B-3-3-3 e- s £ g 1^'^ 1^ O 13 "3 "O [ <» ll^t 'r 1-5 1-3 t-3 l-s H3 '1# « a rr ' 00 la 09 d s lO. I I CO SI S t^ S- ^ I I r- 00 c9 d oi ^ I O iQ (M 00 a o t- o N t- "3 »H lo so r-t 53 « oq O ffi fc *o CO- 00 t- O) CO ■ > O Q O o o- o ^:f ' 4) O O I ■§ "i ^ >t A p, A j T3 ts -a ' ' c3 c9 03 i >o to >o I , IH t« (4 : 9 ffi ® iS * iS i cS oS' dS ® o a> r 3 3 S :p p s ►^ i-a (-3 s s s o o o 03 n m i S £ > t>» t^ p> S S 04 w ffl oS CV PI P4' 3- 3- 3 s « s s s I a ll OB O OS 8888 c; t- 00 -g- ^- ^. -5 -5 -5- -e -3' -o^ 8 ,000 00 ,300 00 ,500 00 ,300 00 ,260 00 ,960 00 ,860 00 ,350 00 r-it£o» CTcgegt--* cs ■U 4S -IS -43 a F] a O V O 0) O « U V f4 h *4 F4 0) 9 (0 (D P« P« P< pi lO to CO CO P 'm c !l "S g 5_ a ^ :> cr <- ^ 1 b % 1 ;^l + r St. a c ^ , :g +j 03 a t, -s c t ft '^ : " ® P. : :l i- 1. "^ >. :: ^ o s = ; B 1 •8 § 1 i^ 8 g 8- ^ ^_ ^ g s c O s 1 S C4~ ^ ' to" ^L " o >. QJ a o,,. ^ > ■»; Es c E _: .- ( E t t s ' %■ 4 f- t ■ c ,5 c i> e ^ .a c ) fit- f I c •M 5 ? ■ a ■ 5 1 'l '1 1 "3 S a »■ •(XI 3i k oa « t>. 60 ^ >.%. -^ £ 3 1. ■» 1 "^ STATEMENT OF THE PUBMC DEBT. 601 g e ^ D ►» QQ 53 g ^ < .'5 I >. £ >. g S g 1^-^ fa >^ g >^ S >^ is 502 POLITICAL MANUAL. 00 M «S IH O M ■^ .^. oa >a ao o ■4< ua o« « s s g I. cs 5 i as HI P P4 o n n n o H H ^ o g ■m-S a S3 e> n ^ 00 si i SgSi gg 927,022,000 194,667,800 283,677,600 602,663,800 11 S3- i-i M t- Q m c4 9 eo~ gf oT e o ,3 Kl .g -3 ^ « « ^ m n n „b (D O GO O e« o 00 04 t. ^ rH OO O, »^ 00^ C\ w-t oo a fo t. tji o 00 o>" a" bf oo" S -S ffl-e o « -2^ a a S -a si o S U) 838i h a 3 ;iJ 41 bo J3 S^ •» 2 o o s a "2 3 s » SB S.§ P i "S § S ess STATEMENT OP THE PTJBLiO DEBT. 603 I p. p O H n » p hi n p pii H H lit O EH I S ! i d 51 S 3 s % s a 1 Sb.'S § i s t- i i . V s s §■ ^ s 2' Ifi a s t; S 01 ~ s 1 i ° 1 1 1 l« 1 1 ^ rf rH* "^ |s s g ID CO (O s 3 s 11 3 83 eg g g s 1 M aoQ fr- fr- at o oD « (P 15 ia 0^ s ef «-"■» t-- fc^ A* s| « ss s M S -- ej- ¥ & § s s§ g g ^ o o 1 i 1 if i « 1 1-1 *a<0 a a M ea O* ■8 •o IH O ^ •a 11 ' 1 § 9 ■& ^■^ § s i t tH IH •? S^ iH l-t Pk 1^ It ■ • ■ 1^ a 1^ i'^ 1 §§ s-^ g'^ M 1-J ►5 1-S >-J 1-5 "-» ►^ hi ' g g a '-^ g s O Q o P E o o : » ii <£h i 1 . >k >> t» t>> >. ^ t ■3 •3 -a ■3 s ! ■^ ^ i-s i-s i-» i-a 1^ 9 ■a -a ■O ■« •0 f^ g" 1 s A 5 § § •PH 1 1^ i fH ii 1" 1 i 1 XLIX, MISCELIANEOUB MATTERS. Letter ttoi^ General Sherman. THS SCBBENDEE OF OJHEBAL J^OS. E; JOHNSTON. To the editor of ike Tribune. SiB: In your isgue of yesterday is a nptic^pf Mr. Healy'a pictui^, representing \he intjervisiw between Mr. Linfioln, General Gr-ant, Admiral Porter, and myself, which repeats substantially the account published some time again WUkeiC Spirit of the ^rr^Sf exf^anatory of i^&t inter- view, and attributing tQ.Mr. Linc^n himself Sbe paternity of tfie. term^. to General jphnstoii's army at Durha.m, in April, 1865.* I am glad yqu haive called public attention to the picture itself, because I feel^apersonal inter- est that Mr. Healy shoi|ldle app^ciated^ as one of our very b?st American arti^. Bat some friends here think by silence I may: be construed as willing to thpw off op Mr. Lin^ln t4ieodium of those terms. If there be a^y odiun\, which I doubt, I surely would not be willing that the least show of itshould. gp, to Mr. Lincoln's, mgni- ory, which I hold, in toie much v^peration to be stained by anything doi^e or said Ijy me, I un- derstand that ttie pbstjjpce of Mr., Wilk^'s or^g- ■ inal article was compiled by him after ^ cailrqad conversation with AdmtGal Porter, who was pres- ent at that interview, as represented [^ tbe pic- ture, and who made a goto of the convers^tpn immediately after we s^aratei He would be more likely to have preserved the exact, words used on the occasion th^nT, who ifiad%np not^ij then or since. I q^nno^now evei^pre^nd to tje- call more than the Subjects touched upon by the several parties, and the impression left on say mind after we parted The interview was in March, nearly a mopth before the final catastro- phe, and it was my part of the clan.o£ opera- tions to move myarmy, reinforceq by 8?hofi^d, then at Goldsbpro', Nocth Carolina, to Burl^s- ville, Virginia, wl^en Lee would have been forced to surrender in, Rjohrp.gijd, TUa trua mpve left to him was a hasty abandonment of Bichmofid, join his force tq Johnston's, andstfike me in the open country. The only question was, could I sustain this joint attack till Geueral Grant came up in pursuit? I was conftdent I couli'; but at the very moment of qjjr conversation General Grant was mqving Geinecal Shqridan's heavy force of cavalry to his extreme left to prev-ent this very contingency. Mr. Lincoln, in h'earing us speak of a ^nal bloody battle^ wiich I then thought wouldifall on me near Ealeighj, did ex- claim, more than. once, that bloc^ enough had already been shed, an4 he hoped, that the vifar would end withqut a^y more. We spoke, of what was to Ije 3one i^ith Davia, oth,^r pa*ty * For these tei^s, see.Political Manual for.l8fi6, aiid; the Hand-Book of Politics for 186R, p. 121. ' leaders, apd the rebel army; and he left me un- der the impression that all he asked of us was tjji dis^ipa^te these armies, and get the soldiers Ij^k tP their homes anyhow, the quicker the| better, leaving him free to apply the remedy and' tEe restpratiqn of civil law. He (Mr. Lincoln) surely left upoji my mind the impression, war- ranted by Admiral's Porter's account, that he had lofig thought of his course of action when tte rebel armies were out of his way, and that hfl wanted to aet civil governments reorganized^ at the Soi^th, the qpicker the better, and strictly' conforming with our general system. - I had been absent so long thaj I presumed'^ of course, that Congress had enacted all the laws-; neces8^^ry to meet wie event of pesjce so long ex-- pgcted, and the near approach of which mustip t)ien h»ve been seen by the most obtuse, and all I aimed to, do was to remit the rebel army '■ surrendering to me to the conditions of the laws' of the conntrjs as they then existed. At the - time of Jqhnston's surrender at Durham, I drew up the terms with my own band. Breckinridge had nqthine at all to do with them more than to discuss their effect, and he knew they only applied tq the piilitarj;, and he forthwith pro- ceeded to makq his escape from the country; a course that t^b.eliqve M'"- Lincoln vrished that Mr. Bavia should have succeeded in effecting, as well as all the bth^ leading southern politicians against wpom public indignation always turned with a feeling far, more intensq than against Generals Lee, Johnston, and oth^r purely mili- tary men. I re{)§at, thjit, accor4|ng to my memory, Mr. Lincoln ^id not expceesly name any specific terms of surrender, but he was in that kindly a,iid gqptle frame of mind that would have in- duced ^icp tq M)prove finlly what. I did, except- ing, p^v9bjibly,pe woiild have interlined some modifications, such as recognizing his several groclan^atfious antqcedent, as well as the laws of ongreas, which would have been perfectly right apd acc^ptabl^ to me and to all parties. T dialikp to open this or any other old ques- tion, atjd do it for thej reason stated, viz, lest I be construed as throwing off on Mr. Lincoln vjiiat h^s friends think should be properly homo by nie alone. If in'tl^e original terms I had, as I certainly meant,' includ&d the proclamations of the Presi- dent, theyi would have covered the slavery ques- tion and all the real State questions which caused tbp yraf.: apd had not Mr. Lincoln been assassifiatpd ai, that ''ery moment, I believe those "terms" '^oviii ha,ve taken the usual course of S(,ppro'«al, modification, or absolute disapproval, aftd.bqen returned to me, like hundreds of other official acts, witboijit the newspaper clamor and S04 MI5CEI,I,ANE0US MATTERS. 505 unpleasant coatroversies so unkindly and un- pleasantly thrust upon me at the time. I am, truly, yours, W. T. Shebmab, Oeneral. Wabhihqtoh, D. C., April 11. 1869. *FrNident Grant's Proclamation for tlie Election in Mississippi, issued July 13, 1869. In pursuance of the provisions of the act of Congress approved April 10. 1869, I hereby designate Tuesday, the 30th day of November, as the time for submitting the constitution adopted on the 15th day of May, 1868, by the ponvention which met in Jackson, Mississippi, if> the voters of ss^id State registered at the d^te of such submission, viz, November 30, 1869. And I submit to a separate vote that part of section 3 of article VII of said constitution, which is in the following words: "That I am not disfranchised in any of the provisions of the act known as the reconstruc- tion acts of the 39th and 40th Congresses, and that I admit the political and civil equality of a).l men; so help me God; Provided, That if Congress shall at any time remove the disabili- ties of any person disfranchised in the said re- (;onstruction acts of the said 39th and 40tb Cpngresses, (and the legislature of this State shall concur therein,,), then so much of this oath, and BO much only, as refers to the said recon- struction acts, shall not be required of such per- son so pardoned to entitle him to be registered " And I further submit to a separate vote sec- tion 5 of the same article of said constitution, which is in the following words : "No person shall be eligible to any office of profit or trust, civil or military, in this State, who, as a member of the legislature, voted for the call of the con- vention that pagsed the ordinance of secession, or who, as a delegate to any convention, voted for or signed any ordinance of secession, or who gave voluntary aid, countenance, counsel, or encouragement to persons engaged in armed hostility to the United States, or who accepted or attempted to exercise the functions of any office, civil or military, under any authority or pretended government, authority, power, or coE^titution, within the United States, hostile or inimical thereto, except all persons who aided reconstruction by voting for this convention, or v?hp have oontinuously advocated the assem- bling of this convention, and shall continuously an4 in good faith advocate the acts of the same ; but the legislature may remove such disability ; Proyided, That nothing in this section, except voting for or signing the ordinance of secession, shall be so oopstrued as tp exclude from office the private soldier of the late so-called Confed- erate States army." And I further submit to a separate vote sec- tion 5 of article XII of the said constitution, whiph is in the following words: "The credit of the State shall not be pledged or loaned in aid of any person, association, or corporation ; nor shall the State hereafter become a stockholder in any corporation or association." And I further submit to a separate vote part of the oath of office prescribed in section 26 of » Keoeived too late for insertion in proper place with other proclamations. '' article XII of the said constitution, which is in the following words: "'That I have never, as a memher of any convention, voted for or signed any ordinance of secession ; that I have never, as a member of any State legislature, voted for the call of any convention that passed any such ordinance ' The above oath shall also be taken by all the city and county officers before enter- ing upon their duties, and by all other State officers not included in the above provision." ■ I direct the vote to be taken upon each of the above cited provisions alone, and upon the other portions of the said constitution in the following manner, viz: / Each voter favoring the ratification of the constitution, (excluding the provisions above quoted,) as adopted by the convention of May 15, 1868, shall express his judgment by voting FOB THE CONSTITUTIOIT. Each voter favoring the rejection of the consti- tution, (excluding the provisions above quoted,) shall express his judgment %y voting AaAIHST THE OOKSTIinTION. Each voter will be allowed to cast a separate ballot for or against either or both of the provis- ions above qupted. It is understood that sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, of article XIII, under the head of " Ordinance," are considered as forming no part of the said constitution. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this thirteenth day of July, in the year of our Lord one thousa,nd eight hundred and sixty- [SBAL.] nine, and of the independence of the United States of America the ninety^ fourth. U. S. Geakt. By the President: Hamilton Fish, Secretary of State. *Fresident Grant's Proclamation for the Election in Zezas, issued July IS, 1869. In pursuance of the. provisions of the act ol Congress approved April 10, 1869, I hereby designate Tuesday, the 30th day of November, 1869, as the time for submitting the constitution adopted by the convention which met in Austin, Texas, on the 15th day of June, to the voters ol said State, registered at the date of such submis- sion, viz: I direct the. vote to be taken upon the said constitution in the following manner, viz: Each voter favoring the ratification of thft constitution, as adopted by the convention of the l5th of June, 1868, shall express his judg- ment by voting FOR THE CONBTITUTION. Each voter favoring the rejection of the con- stitution shall express his judgment by voting AaAINST THE CONSTITUTION. In testimony whereof I have hereunto set my hand and caused the seal of the United States to he affixed. Done at the city of Washington, this fifteenth day of July, in the year of our Lord one thousand eight hundred and sixty- 506 POLITICAL MANUAL. [seal.] nine, and of the independence of the United States of America the ninety- fourth. U. S. Gbakt. By the President: Hahiltoh Fish, Secretary of State. Female Suffrage. The special committee of the Senate of Massa- chusetts has reported the following amendment to the constitution of that State : Article of amendment. — " The word ' male' is hereby stricken from the 3d article of the amend- ment of the constitution. Hereafter women of this Commonwealth shall have the rif;ht of voting at elections and be eligible to office on the same terms, restrictions, and qualifications, and subject to the same restrictions and disabili- ties, as male citizens of this Commonwealth now are, and no other." [This amendment must be approved by two successive legislatures, and then submitted to the men of the State.] June 2. — It was voted down by the Senate — yeas 9, nays 22, as follows : Yeas. — Messrs. Whiting Griswold, Francis A. Hobart, Nathaniel J. Holden, Richmond King- man, Charles E. Ladd, Charles Marsh, Bobert 0. Pitman, (President,) Richard Plumer, Chas. U. Wheelock— 9. Nays. — Messrs. Geo. 0. Brastow, Geo. M. But- trick, H. H. Coolidge, Sam'l D. Crane, Edmund Dowse, John B. Hathaway, Estes Howe, George A. King, C. J. Kittredge, J. N. Marshall, Geo. H. Monroe, E. W. Morton, J. E. Palmer, Jos. G. Pollard, O. H. P. Smith, George H. Sweetser, George S. Taylor, Edward Thomas, J. S. Todd, Harrison Tweed, G. B. Weston, Jonathan White —22. Not VoTisa. — Messrs. Nathaniel E. Atwood, Benjamin Dean, A. M. Giles, L. J. Knowles, John H. Lockey, Charles R. McLean Daniel Needham, Jos. G. Eay, Geo. M. Rice — 9. Proposed XVIth Amendment. House or EEPEESEiTTATiVBS U.S., 1869, J/orcA 16. — Mr. Julian introduced a joint resolution proposing the following as the XVIth amend- ment to the Constitution of the United States: Aetiole XVI. The right of suffrage in the United States shall be based on citizenship, and shall be regulated by Congress, and all citizens of the United States, whether native or natural- ized, shall enjoy this right equally, without any distinction oi aiscriminacion whatever founded on sex. Proposed Amendment to Constitution of the United States. At various public meetings the following amendment to tne preamble of the Constitution of the United Stales has been proposed : We, the people of the United States, acknowl- edging Almighty God as the source of all author- ity and power in civil government, the Lord Jesus Christ as the ruler among the nations, and His will, revealed in the Holy Scriptures, as of supreme authority, in order to constitute a christian government, form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, do ordain and establish this onstitution for the United States of America. Elections of 1869. In New Hampshiee the vote was : for Gov- ernor, Onslow Stearns, (Rep.,) 35,733 ; John Be- del, (Dem.,) 32,001. In Rhode Island the vote was : for Governor, Seth Paddleford, (Rep.,) 7,359; Symon Pierce, (Dem.,) 3,390. In Connecticut the vote was ; for Governor; Marshall Jewell, (Rep.,) 45,493; James E. Eng- lish, (Dem.,) 45,082. Jewell's majority, 411. ■ In Michigan, at the judicial election, Thomas M. Cooley was elected justice of the supremS court by 90,705 to 59,886 for 0. Darwin Hughes. In ViEGiNiA the vote was : for Governor. Gil- bert C. Walker, (Cons.,) 119,492; H. H. Wells, (Rep.,) 101,291— Walker's majority, 18,264. The vote on clauses was : for clause 4, sec. 1, art. Ill of constitution, (disfranchising,) 84,410, against .124,360— majority. 39,950; for sec. 7, art. Ill, (test oath.) 83,458, against 124,715— majority, 41,257. For the constitution, 210,585, against 9,136. In Washington Territory the vote was: for Delegate to Congress, Garfield, (Eep.,) 2.742; Moore, (Dem.,) 2,595— Garfield's majority, 147. B. T. Daniel's Dispatch to President Grant. RicHMOHD, July 7, 1869. ' Mr. Peesidekt: On behalf of the State ex- ecutive committee of the Walker party, 1 con- gratulate you upon the triumph of your policy in Virginia. The gratitude of the people for your lib6rality_ is greatly enlivened by the over- whelming majority by which that policy pre- vails. E. T. Daniel. Ohairman * His Excellency U. S. Geant, Prendent of the United States. POLITICAL MANUAL FOR 1870. L. MEMBERS OF THE CABINET OF PRESIDENT GRANT, AND OF THE FORTY-FIRST CONGRESS, SECOND SESSION. FBEBISEKT GBAITI'S CABIITEI. Secretary o^ State — Hamilton Fish, of New York. Secretary of the Treasury — QEosaE S. Bodtwbll, of Massachusetts. Secretary of War — Wm. W. Bblkitap, of Iowa.* Secretary of the Navy — Geoeob M. Eobebon, of " , New Jersey. Secretary of the Interior — Jacob D. Cox, of OhiA Postmaster General — Johs A. J. Cbbswell, of Maryland. Attorney General — ^Amos T. Akemiait, of Geor- gia.! MEUBESS OF TEE FOKTY-FIBST CONGSESB. Second Session, December 6, 1869— July 16, 1870. Senate. SoHnTLEE CoLPAX, of Indiana, Vice President of the United States and President of the Senate. George p. Gorham, of California, Secretary. Maine — Lot M. Morrill,t Hannibal Hamlm. New Hampshire — Aaron H. Cragin, James W. - Patterson. -FeraioJit — Justin S. Morrill, George F. Edmunds. Massachusetts — Henry Wilson, Cnarles Sumner. Rhode Island — Henry B. Anthony, William .-Sprague. Qmnecticut — Orris S. Ferry, William A. Buck- ingham. New York — Boscoe Conkling, Beuben E. Fenton. New Jersey — Alexander G. Cattell, John P. Stock- ton. Pennsylvania — Simon Cameron, John Scott. Delaware — ^WiUard Saulsbury, Thomas F. Bay- ard. Marylai/icl-^George Vickers, William T. Hamil- ton. Virginia^ — John W. Johnston, John F. Lewis. North Carolina — John C. Abbott, John Pool. * Qualified October 18, 1369, in place of John A. Raw- lins, deceased September 6, 1869. f QaaliBed July 8, 1870, in place of E. B. Hoar, resigned. ^Qualified December 6, 1869, inplace of William Pitt Fessenden, deceased. I Mr. Lewis qualified January 27, 1870 ; Mr. Johnston, January 28. « A South Carolina — Thomas J. Bobertson, Frederick A. Sawyer. Georgia. — Not represented. Alabama — Willard Warner, George E. Spencer. Mississippi* — Hiram E. Bevels, Adelbert Ames. Louisiana — John S. Harris, William P. Kellogg. OAio— John Sherman, Allen G. Thurman. Kentucky — Thomaa 0. MoCreery, Garrett Davis. Tennessee — Joseph S. Fowler, William G. Brown- low. Indiana — Oliver P. Morton, Daniel D. Pratt. Illinois — Eichard Yates, Lyman Trumbull. Missouri — Charles D. Drake, Carl Schurz. Arkansas — Alexander McDonald, Benjamin F. Bice. Michigan — Jacob M. Howard, Zachariah Chand- ler. Florida — Thomas W. Osborn, Abijah Gilbert. Texasf — ^Morgan 0. Hamilton, James W. Flana- gan. Iowa — James B. Howell, J James Harlan. Wisconsin — Timothy 0. Howe, Matthew H. Car- penter. California — Cornelius Cole, Eugene Casserly. JEnnesota — Daniel S. Norton, § Alex'r Bamsey. Oregon — George H. Williams, Henry W. Corbett. Kansas — ^Edmund G. Boss, Samuel C. Pomeroy. West Virginia — Waitman T. Willey, Arthur I. Boreman. Nevada — James W. Nye, William M. Stewart. Nebraska — John M. "Hiayer, Thomas W. Tipton. House of BepresentatiTes. James G. Biaine, of Maine, Speaker. Edward McPherson, of Pennsylvania, Clerk. Maine — John Lynch, Samuel P. Morrill, James G. Blaine, John A. Peters, Eugene Hale. New Hampshire — Jacob H. Ela, Aaron F. Ste- vens, Jacob Benton. Fermoni— Charles W. Willard, Luke P. Poland, Worthington 0. Smith. Massachusetts — James Buffinton, Oakes Ames, * Mr. Bevels qualified February 2S, 1870 ; Mr. Ames, April 1,1870. \ Qualified March 31, 1870. 1 Qualified January 26, 1870, in place of James W Qrimes, resigned. J Died Ju^ 14,1870. 607 608 POLITICAL MANUAL. Qinery Twichell, Samuel Hooper, Benjamin F. Butler, Nathaniel P. Banks, George M. Brooks,* George F. Hoar, William B. Washburn, Henry L. Dawes. Bhode leland — ^Thomas A. Jenckes, Nathan F. , Dixon. Connecticut — Julius L. Strong, Stephen W. Kel- logg, Henry H. Starkwea|fieT, Williapi H. Barnum.f ; New rbr^— Henry A. Reeves, John G. Schu- maker, Henry W. Slocum, John Fpx, John Morrissey, Samuel S. Cox,f Hervey 0. Calkin, James Brooks, Fernando Wood, Clarkson N. Potter, Charles H. Van Wyck.t John H. Ketoham, John A. Griswold, Stephen L. May- ham, Adolphus H. Tanner, Orange Perriss, ^ William A. Wheeler, Stephen Sanford, Charles Knapp, 44!!ii£ou H. Iiafiin, 4^exiander H. Bailey, John 0. Ghurjphill', Dennis McCarthy, George W. Cowles, William H. Kqlsey, Giles W. Hotohkiss, Hamilton Ward, Noah Dayia, John Fisher, David S. Bennett, Porter Shel- don. New Jersey — Wiliiam Moore, Charles Haight, John T. Bird, John Hill, Orestes Cleveland. PenreswfoorjiaJ— Samuel J. Bandallj Charles C- Neiifl, Leonard Myers, William D. Eell^, Caleb N. Taylor, John D. Stiles, WaahingtOn Townsend, J. Lawrence Get?, Oliver J. Diok^, Henry L. Cake, Daniel M. Van Auken, George W. Woodward, Uiysses Mercur, John B. Packer, Bichard J. Haldeman, John t/fessna, Daniel J. Morrell, William H. Armstrpng, Glenni W. Sco- field, Calvin W. GilfiUan, Johfl Govode, James S. Negley, Darwin Fhelps, Jos^A B. Donley. Delaware — Benjamin T. Biggs. JKbjryZarad— Samuel Hambleten, Stevenson Arch- er, Thomas Swann, Patrick HamiU, Frederick Stone. Virainia\\ — Richard S. Ayer, James H. Piatt, jr.. Cliarlee 3. Poster, George W. Booker, Boberi Ridgway, William Milnes, jr., Lewis McKen- zie, James K. Gibson. North Carolina^ — Clinton L. Cobb, (vacancy,) Oliver H. Dockery, (vacancy ,)! Israel G. Lash, Francis E. Shober, Alexander H. Jones. South Carolina** — (Vacancy,) C. 0. Bowen, Solo- mon L. Hoge; Alexander S. Wallace. Qeovgia — Not' represented. Alabama-^f — Alfred E. Buck, Charles W. Buek- ley, Robert S. Hefiin, Charles Hays, Peter li. Doz, William C. Sherrod. 2fMsw«ifipiJJ — George E. Harris, J. L. Morphia, * Qualified December e, 1869, ta place of George S. Boutwell, reaigoed. ■f Qualified December 6, 1859. i Qualified February 17, IMo, in place of George W. Greene, unseated February IB— yeas 120, nays S9: J Mr. Covode qualified February 9, 187(if. Mr. Taylor, April 13, 18711, ill place of John B. Beading, unseated— veas 112, nays 48; ' H Messrs. Plaft;, Ei4gway, Milnes, and Porter qualifted Januaiy 27, 1870: Mr- Gibson, January 28 ; Messrs. Aver apd McKenzie, January 31; Mr. Booker, February 1. l[John T. DeWeese raeigned February 28, 1870. Mr. Shober qualified April 13, l8l70. David Hieaton died Jn|ie_25,1870. , •• B. F. Whittemore resigned February 24,1870: re- elected, Etodj June SI, refused admittance by a vote of 130 to 24. Mr. Wallace qualified May »/, 1870. ft Messrs. Buck and BurUley qualified December 6, 1^9. Messrs. Dox, Hws, Sherred, and Hefiin, Decem- ber 7. U Messrs. Harris, Morphia, MoKee, an4 Perce, qpali- fied Februai^ 23, 1870. Mr. Barry, April 8. Henry W. Barry, George C. McK.ee, Legrand W. Perce. Louisiana* — (Vacancy,) Lionel A. Sheldon, 0. B. Darrall, Joseph -P. Newsham (vacancy.) Ofeicfcr-Peter W. Strader, Job E. Stevenson, Ro- bert C. Sohenck, William Lawrence, William Mung^, John A. Smith, James J. Winans, < Johnfeeatty, Edward F. Didsiawxn, Erasmus D. Peck,ii Jrfin T. Wflson, Phiiadelph Van Trump, George "W. Morgan, Martin Welker, Eliakim H. Moore, John A. Bingham, Jacob A. Ambler, William H. Upson, James A. Gar- field. Kentucky — Lawrence S. Trimble, William N. Sweeney .Joseph H. Lewis, J J. Proctor Knott, Boyd Winchester, Thomas L. Jones, James B. Beck, George M. Adams, John M. Rice. Tennessee, — Roderick B. Butler, Horace Maynard, William B; Stokes, Lewis Tillman, William F. Prosser, Samuel M. AmeU, Isaac B. Hawkins, William J. Smith, Indiana — William E. Niblack, Michael C. Kerr, William S. Holman, George W. Julian, John Cobura, Daniel W. VoorheeB, Godlove S. Orth,' James N. Tyner, John P. C. Shanks, Williaia Williams, Jasper Packard. Illinois — Norman B. Judd, John F. Farnsworth/' Horatio C. Burehard, j John B. Hawley, Ebon C. IngersoU, Burton C. Cook, Jesse H. Moore, Shelby M. CnUom, Thompson W. Mc- Neely, Albert G. Burr, Samuel S. Marshall, John B. Hay, John M. Crebs, John A. Logan. ^issovH^-Eva&ius Wells, Gustavus A. Einkelo- burg, James B. MoOormick, Sempronius H. Boyd, Samuel S. Burdett, Robert T. Van Horn, Joel F. Aflpw, John F.' Benjamin, David P. Dyer. Arkmsas — Loean H. Roots, Anthony A. C. Rog- ers, Thomas Boles. Micfiiffan — Fernando C. Beamafi, William L. Stoii^ton, Austin Blair, Thomas W. Ferry, Omar D. Conger, Randolph Strickland. Flaridar^harl& M. Haniilton. Texo^ji—Q. W. Wbitmore, John 0. Conner, W. T. CWk, Edward Degenar. io«;o-r-George; W. MqCrary, William 'Smyth, William Bt .Allison, William Loughridge, Frank W. Palmer, Charles Pomeroy. TJS«eflrM!Wi!— HalbMt E. Pajna,, David Atwood,^ Amasst, Cobb, Chailes A. Eldridge, PhiletuS Sawyer, Gadwal^der C. Washburn.. California — Samuel B. Axtell, Aaron A. Sargent, Jaa^es A. Johnson. Minnesota — Morton S. Wilkinson, EugeiM- M. Wilson. ' ' Ofegon — Josgph; S. Smith. Kansas — Sidney Clarke. West VirginA4irr-1sa&B H. Duval, James 0^ Mc- Grew, John S. Witpher, Nevada— Thomas Fitch. Nebraska — John Tafie. • Mr. Ne^f sham admitted May 21, 1870— yeas 79, nays 71,- qualified May 23. Mr. Darrall adiBltted July (51 1870— ye.M 90, nftys 77 ; qualified same day. tQ-UalJfled April 23, 187.0, in place of Truman H. H|oa|, deceased. tMr. Golladay resigned February 28, 1870. Mr,. Ijewis qualified as his successor May 10, 1870. JQlwifled December 6, 1869, in place of E.. B. Washburne, resigned. Iffilialified March 81, 1870. IQualified February 23, 1870, in place of Benjamin. F. Hopkins, deceased. LI. JUDICIAL DECISIONS. SUPREME COURT OF THE UNITED STATES. On the Validity of ContractB in Confedeiate Stoney. Sboeubeb Tbbii, 1868. T-horington "I Appeal from (jhe district court for the Smith f iniddTe district of Alabama. The Chief Jvistioe- delivered the opinioa of the sourt the questioiis before us upon this appeal are tliese: (1.) Can a oontraot for the payment of Con- federate notes, made during thie late rebellion, between parties residing within the so-called Confederate States, be- enforced at ail in the courts of the United States? (2.) Can evidence be received to prove that a promise expressed to be for the payment of dol- la,r^ was, in fact, made for the payment of atay other than lawful dollars of tiie United States? (3,)- Does the evidence in the record establish the fact that the note for the thousaind dollars W.as to be paid,- by agreement of the parties, in Confederate notes ? the first question is by no means free from difficulty. It cannot be questioned that the Cott- federate notes were issued in furtherance of an unlawful attempt to overthrow the Government of the United States by insurrectionary force; Kor is it a doubtful principle of law that no con- tracts made in aid of sucbi an attempt can be enforced through the courts of the country whose gfjvernment is thus assailed. But was the con- tract of the parties to this suit a contract of that character? Can it be fairly described as a con- tract in aid of the rebellion? In examining this question; the state of that part of the country in which it was made must be, considered. It is familiar history, that early in 1861 tie authorities of seven States, aupportedi as was alleged, by popular majorities, combined fcr the overthrow of me national Union, and for the establishment within its boundaries of a sepa- rate and independent confederation. A govern- mental organization, representing these States, was established at Montgomery, in Alabama, first under a provisional oonstit-ution and after- wards under a constitution intended to be per- manent. In the course qf a few months four other States acceded to this confederation, and tlie.^eat of the central authority was transferred to Eichmond, in Virginia, It wis by the cen- tfal authority thus organized, and under its dkection, that civil war was carried on upon a vast scale against the Government of the United States for. more than four years. Its power was recognized as supreme in nearly the whole of the tterritory of the States confederated in insurrec- tion. It was the actual government of all the insurgent States, except those portions of them protected from its control by the presence of the ai'ined forces of the national Government. What was the precise character of this govern- ment in cpntepiplation Of law? It is difficult to define it with exactness. Any definition that may be given may not improba- bly be found to require limitation and qualifioa- tioh. But'the general principles of law relating to de facto g'overhme'ni wilj, we think, conduct us to a conclusion sufficiently accurate. there are several degrees of what is called de facto government. Such a government, in its highest degree, as- sumes a character very closely resembling that of a lawful' government. This is when the usurp- ing government expels the regular authorities from their customary seats, and functions, and establishes itself in their place, and so becomes the actual government of a country, the dis- tinguishing characteristic of such a government is, that adnferents to it in war against the gov- ernment de jure do not incur the penalties, of treason, and, under certain limitations, obliga- tions assumed, by it in behalf of the country, or otherwise, will, in general, be respected by the government de jure when restored. Examples of this description o^goyernment de facto are found in English history, the stat- ute 11 Henry VII, c. 1* relieves from penalties for treason all persons who, in defense of the king, for the time being, wage war against those who endeavor to subvert his authority by force of arms, thouah warranted in so doing by the law- ful monarch.f But this is where the usurper obtains actual possession of the royal authority of the- kiugdoifa, not when he has succeeded only in establisning Bis power over particular locali- ties. Being m possession, allegiance is due to Mm as king de facto. Another example may be found in the goy^ ernmsnt of England under the Commonwealth, first by Parliament, and aftlerwards by Cromwell as protector. It was not, in the contemplation of laW, a government de jure, but it was a gov- ernment de facto in the most absolute sense. If incurred obligations and inade conquests which remained the obligations andconquests of Eng^ land after the restoration, the better opinicai doubtless is', that acts done in obedience to this government could not be justly regarded as trea- sonable, though in hostility to the king de jure. Such aiots were protected from cf iihinal prosecu- tion by the' spirit, if not by the letter, of the statute of Hennr VII. It was held otherwise by the judges by whom Sir Hienry 'V'ane was *2 British Stats, at Large, 82. t^'Commentaries, 77. 509 510 POLITICAL MANUAL. tried for treason,* in the year following the res-' toration. But such a judgment, in such a time, has little authority. It is very certain that the Confederate govern- ment was never acknowledged by the United States sa a, de facto governnient in this sense, nor was it acknowledged as such by other pow- ers. No treaty was made by it with any civil- ized State. No obligations of a national character were created by it, binding after its dissolution on the States which it represented, or on the national Government. From a very early period of the civil war to its close it was regarded as simply the military representative of the insur- rection against the authority of the United States. But there is another description of government called also by publicists a government de facto, but which might perhaps be more aptly denomi- nated a government of paramount force. Its distinguishing characteristics are (lYthat its ex- istence is maintained by active military power within the territories and against the rightful authority of an established and lawful govern- ment; and (2) that while it exists it must ne- cessarily be obeyed in civil matters by private citizens, who, by acts of obedience, rendered in submission to such force, do not become respon- sible as wrong-doers for. those acts, though not warranted by the laws of the rightful govern- ment. Actual governments of this sort are es- tablished over districts differing greatly in extent and conditions. They are usually administered directly by military authority, but they may be administered also by civil authority, supported more or less directly by military force. One example of this sort of government is found in the case of Castine, in Maine, reduced to British possession during the war of 1812. From the 1st of September, 1814, to the ratifica- tion of the tteaty of peace in 1815, according to the judgment of this court in United States vs. Eioe.f the British government exercised all civil and military authority over the place." "The authority of the United States over the territory was suspended, and the laws of the United States could no longer be rightfully en- forced there, or be obligatory upon the inhabitants who remained and submitted to the conqueror. By the surrender the inhabitants passed under a temporary allegiance to the British government, and were bound by such laws, and such only, as it chose to recognize and impose." It is not to be inferred from this that the obligations of the people of Castine, as citizens of the United States, were abrogated. They were suspended merely by the presence, and only during the presence, of the paramount force. A like example is found in the case of Tampico, occupied during the war with Mexico by the troops of the United States. It was determined by this court, in Fleming vs. Page, i that, although Tampico did not become a part of the United States in consequence of that occupation, still, having come, together with the whole State of Tamaulipas, of which it was part, into the exclusive possession of the national forces, it must be regarded and respected by other nations as the territory of the United • « State Tiials, 119. fi Wheaton, 253. } 9 Howard, 6U. These were cases of temporary possession of territory by lawful and regular governments at war with the country of which the territory so possessed was part. The central' government established for the insurgent States differed from the temporary governments at Castine and Tampico, in tne cir- cumstance that its authority did not originate in lawful acts of regular war, but it was not on that account less actual or less supreme. And we think that it must be classed among the govr ernments of which these are examples. It is to be observed, that the rights and obligations of a belligerent were conceded to it in its military character very soon after the war began, from motives of humanity and expediency, by the United States. The whole territory controlled by it was thereafter held to be enemies' territory, and the inhabitants of that territory were held, in most respects, for enemies. To the extent, then, of actual supremacy, however nnlawfnlly gained, in all matters of government within ite military lines, the power of the insurgent gov- ernment cannot be questioned. That supremacy did not justify acts of hostility to the United States. How far it should excuse them must be left to the lawful government upon the reestab- listonent of its authority. But it made obedience to its authority, in civil and local matters, not only a necessity, but a duty. Without such obe- dience, civil order was impossible. It was by this government exercising its power throughout an immense territory that the Con- federate notes were issued early in the war, and these notes in a short time became almost ex- clusively the currency of the insurgent States. As contracts in themselves, except in the contin- gency of successful revolution, these notes were nullities ; for, except in that event, there could be no payer. They bore, indeed, this character upon their face, for they were made payable only "after the ratification of a treaty of peace between the Confederate States and the United States of America." "While the war lasted, how- ever, they had a certain contingent value, and were used as money in nearly all the business transactions of many millions of people. They must be regarded, therefore, as a currency im- posed on the community by irresistible force. ' It seems to follow as a necessary consequence from this actual supremacy of the insurgent government, as a belligerent, within the territory where it circulated, and from the necessity of civil obedience on the part of all who remained in it, that this currency must be considered in courts of law in the same light as if it had been issued by a foreign government temporarily occupying a part of the territory of the United States. Contracts stipulating for payments in this currency cannot be regarded for that reason only as made in aid of the foreign invasion in the one case, or of the domestic insurrection in the other. They have, no necessary relations to the hostile government, whether invading or insurgent. They are transactions in the ordinary course of civil society, and, though they may indirectly and remotely promote the ends of the unlawful government, are without blame, except when proved to have been entered into with actual intent to further invasion or insurrection. JUDICIAL DECISIONS, ETC. 511 We cannot doubt that Buoh contracts should be enforced in the courts of the United States, after the restoration of peace, to the extent of their just obligation. The first question, therefore, must receive an affirmative answer. The second question, whether evidence can be received to prove that a promise made in one of the insurgent States, and expressed to be for : the payment of dollars, without qualifying words, was in fact made for the payment oi any other than lawful, dollars of the United States? is next to be considered. It is quite clear that a contract to pay dollars, made between pitizens of any State of the Union, while maintaining its constitutional relations ■with the national Government, is a contract to pay lawful money of the United States, and can- not be modified or explained by parol evidence. But it is equally clear, if in any other country coins or notes denominated dollars should be authorized of different value from the coins or notes which are current here under that name, that, in a suit upon a contract to pay dollars, made in that country, evidence would be admitted to prove what kind of dollars were intended, and, if it should turn out that fo];eign dollars were meant, to prove their equivalent value in lawful money of the United States. Such evidence does not modify or alter the contract. It simply ex- plains an ambiguity, which, under the general rules of evidence, may be removed by parol evi- dence. We have already seen that the people of the .insurgent States, under the Confederate govern- ment, were, in legal contemplation, substantially in the same condition as inhabitants of districts of a country occupied and controlled by an in- vading belligerent. The rules which would ap- ply in the former case would apply in the latter ; and as in the former case the people must be ; regarded as subjects of a foreign power, and con- tracts among them, be interpreted and enforced with reference to the conditions imposed by the conquerer, so in the latter case the inhabitants must be regarded as under the authority of the insurgent belligerent power actually established as the government of the country, and contracts jnade with them must be interpreted and enforced ' with reference to the condition of things created by the acts of the governing power. It is said, indeed, that under the insurgent government the word dollar had the same mean- ing as under the Government of the United States ; that the Confederate notes were never made a legal tisnder, and, therefore, that no evidence can be received to show any other meaning of the word when used in a contract. But it must be remembered that the whole condition of things in the insurgent States was matter of fact, rather than matter of law, and, as matter of fact, these notes, payable at a future and contingent day, which has not arrived and can never arrive, were forced into circulation as dollars, if not directly by the legislation, yet indirectly and quite as effectually by the acts of the insurgent government. Considered in them- selves, and in the light of subsequent events, these notes had no real value, but they were made current as dollars by irresistible force. They were the only measure of value which the people had, and their use was a matter of almost absolute necessity ; and this use gave them a sort of value, insignificant and precarious enough it is true, but always having a sufficiently definite relation to gold and silver, the universal meas- ures of value, so that it was always easy to ascer- tain how much gold and silver was the real equivalent of a sum expressed in this currency, In the light of these facts it seems hardly less than absurd to say that these dollars must be regarded as identical in kind and value with the dollars which constitute the money of the United States. We cannot shut our eyes to the fact that they were essentially different in both respects ; and it seems to us that no rule of evidence prop- erly understood requires us to refuse, under the circumstances, to admit proof of the sense in which the word dollar is used in the contract before us. Our answer to the second question is, therefore,, also in the affirmative. We are clearly of opinion that such evidence must he received in respect to such contraot8,«'in order that justice may be done between the parties, and that the party entitled to be paid in these Confederate dollars can recover their actual value at the time and place of the contract in lawful money of the United States. We do not think it necessary to go into a de- tailed examination of the evidence in the record in order to vindicate our answer to the third question. It isenough to say that it has left no doubt in our minds that the note for $10,000, to enforce payment of which suit was brought in the circuit court, was to be paid, by agreement of the parties, in Confederate notes. It follows that the decree of the circuit court must be reversed, and the cause remanded, for further hearing and decree, in conformity with this opinion. On the Gonatitutlonality of Legal-Tender Clause as relates to Contiacts made prior to its adop- tion. Deoembee Teem, 1869. Susan P. Hepburn and Henry H.P. Hepburn, pl'ffs in error, In error to thecourt of appeals of the State of Kentucky. Henry A. Griswold. (1.) Construed by the plain import of their terms and the manifest intent of the legislature, the statutes of 1862 and 1863, which make United States notes a legal tender in payment of debts, public and private, apply to debts contracted before as well as to debte contracted after enact- ment. (2.) The cases of Lane County vs. Oregon, Bronson vs. Eodes, and Butler vs. Horwitz, in which it was held that, upon a sound construc- tion of those statutes, neither taxes imposed by State legislation nor dues upon contracts for the payment or delivery of coin or bullion are in- cluded by legislative intent under the descrip- tion of debts, public and private, are approved and reaffirmed. (3.) When a case arises for judicial determina- tion, and the decision depends on the alleged in- consistency of a legislative provision with the Constitution, it is the plain duty of the Supremq Court to compare the act with the fundamental 512 POLITIOAL MANUAL. law, and if the former, caanot, upon a fair oon- Btruotion, be teooiiciled with the latter, to give effect to the Constitution rather than the statute. (3J.) There is in the Constitution no express ^ant of legislative power to make any descrip- tion of credit currency a legal tender in payment of debts, (4.) The words "all laws necessary and proper for carrying into execution" powers expressly granted er vested have in the Constitution a sense equivalent to that of the Words : laws, not absolutely necessary indeed, but appropriate, plainly adapted to constitutional and legitimate ends, which are not prohibited, but consistent with the letter and spirit. of the Constitution; laws really calculated ro effect objects intrusted to the Government. (5. ) Among means appropriate, plainly adapt- ed, not inconsistent with the spirit of the Consti- tution, nor prohibited by its ternis, the Tegislature has unrestricted choice; but iio power can be derived by implication from any express power to enact lp,ws as means for cairrying it into exe- cution unless such laws come within this descrip- tion. (6.) The making of notes or bills of credit a legal tender in payment of pre-existing debts is not a means appropriate, plainly adapted, or really calculatea to carry into effect any express power vested in Congriess, is inconsistent with the spirit of the Constitution, and is prohibited by the Constitution. (7.) The clause in the acts of 1862 and 1863 which makes United States notes a legal tender in payment of all debts, public and private, is, so far as it applies to debt's contractea before the passage of those acts, unwarranted by the Con- stitution. (8.) Prior to the 25th of February, 1862, all contracts for the payment of m*ney , not expressly stipulating otherwise, were, in legal effect and universal understanding, contracts for the pay- ment of coifi, and, ml& the Constitution, the parties to such contracts are respectively entitled to demand and bound to pay the sums due, ac- cording to their terms, in COln, notwithstanding the clause in that act, and the subsequent acts of like tenor, which make United States notes a legal tender in payment of such debts. Mr. Chief Justice Chase delivered the opinion df the court. The question presented for our determination by the record in this case is, whether or not the payee or assignee of a note, made before the 25th of February, 1862, is obliged by law to accept in payment United States notes, equal in nominal amount to the sum due according to its terms, when tendered by the maker or other party bound to pay it. And this requires, in the first place, a construc- tion of that clause of the first section of the act of Congress passed on that day which declares the United States notes, the issue of which wal authorized by the statute, to be a legal tendel: in payment of debts. The entire clause is in these words: "And such notes, herein authorized, shall be receivable in payment pf all tax«, internal duties, sKcises, deots, and demaudi of every kind due to the United States, except. duties on imports, and of all claims and deinands against the United States of every kind whatsoever, except for interest upon bonds and notes, Which shall be paid in coin ; and shall also be lawful money anda, legal tender in payment of all debts, ]6uDlio and pri- vate, within the United States, except duties on imports and interest as aforesaid." * This clause has already received lauol consid- eration here, and this court has held that, upifti a sound construction, neither taxes imposed ij State legislation, t nor demands upon contfacfe which stipulate in terms for the payment or dfe- livery of coin or bullion, t are included by legis- lative intention under the description of dibts public and private. We are iiow to deterinine whether this de? scription embraces debts contracted before is well as after the date of the act. It is an established rule for the construfitidu of statutes that the terms einployed by the legis- lature are not to receive an interpretation whiiih conflicts with acknowledged principles of justife and eqiiity , if another sense, consonant with those principles, can be given to them. But this rule cannot prevail where the iriteit is clear. Except in the scarcely supposable case, where; a Statute sets at iiaught the plainest pre- cepts of morality stai Social obligation, courts must give effect to the clearly ascertained legis- lative intent, if not repugnant to the fundamental law ordained in the Coistitution. Applying the rule just stated to the act utider consideration, there appears to be strong re'as.pn for construing the word dehU ak having refer- ence only to debts contracted subsequent to the enactment of the law. For no one will question that the United States notes, 'Which the act mafees a legal tender in payment, are essentially linlite in nature, and, being irredeemable in coih, are iiecessarily uillikfe in value, to the lawful mbndy intended by parties to Contracts for the payment of money made before its passage. The lawful money then in use and made a legal tender in payment cdisisted of gold arid silver coin. The currency in use under the act, arid de- clared by its terms to be lawful money and a legal tender, consists of notes or promised to pay, impressed upon paper prepared in corivenwlit form for circulation, and protected agaihet couhr terfeiting by suitable devices and penalties. The former possess intrinsic value, determinM by the Weight and fineness of the metal ; the lat- ter have no intrinsic value, but a purchasing value, determined by the quantity in circulation, by general consent to its currency in paymeritej and by opinion as. to the probability of redeiri^- tion in coin. .Both derive, in different degrees, a eettftin additional value from their adaptation to cifcia- lation by the form and impress given to tVMta under national authority and fooin the acts mji- ing them respectively a legal tender. Contracts for the payiiieiit of money, inside before the act of 1862, had reference to cbiued money, and could not be discharged, unless" by * 12 United States Stats., 3*3. + Ijane County Vt. Oie- eon, 7 Wall., 71. t Bronson »». Bodes, 7 Wall., 229; But- ler »s. Horwitz, 7 Wall., 288. JUDICIAL DECISIONS, ETC. 513 coMBnt, otterwiae than by tender of the sum due in coin. Every such ccntract, therefore, was in legal import a contract for the payment of coin. There is a well-known law of currency, that notes or promises to pay, unless made conve- hiehtly and promptly convertible into coin at the ^ill of the holder, can never, except under un- usual and abnormal conditions, be at par in cir- Ciilation with coin. It is an equally well-known law that depreci- ation of notes must increase with the increase of the quantity put in circulation and the diminu- tion of confidence in the ability or disposition to redeem. Their appreciation follows the reversal of these conditions. No act making them a legal tender can change materially the operation of these laws. Their force has been strikingly exemplified in the history of the United States notes. Begin- ning with a very slight depreciation when first Issued, in March, 1862, they sank in July, 1864, to the rate of two dollars and eighty-five cents for a dollar in gold, and then rose until recently a dollar and twenty cents in paper became equal to a gold dollar. ■ . Admitting, then, that prior contracts are with- in the intention of the act, and assuming that the act is warranted by the Constitution, it fol- lows that the holder of a promissory note, made before the act, for a thousand dollars, payable, as we have just seen, according to the law and according' to the intent of the parties, in coin, was required, when depreciation reached its lowest point, to accept in payment a thousand note dol- lars, although with the thousand coin dollars, due under the contract, he could have purchased on that day two thousand eight hundred and fifty such dollars Every payment, since the passage bf the act, of a note of earlier date, has presented similar, though less striking, features. Now, it certainly needs no argument to prove that an act compelling acceptance in satisfaction of any other than stipulated payment alters arbitrarily the terms of the contract and impairs its obligation, and that the extent of impairment ii in the proportion of the inequality of the pay- ment accepted under the constraint of the law to the payment due under the contract. ' Nor does it need argument to prove that the practical operation of such an act is contrary to justice and equity. It follows that no construction which attrib- utes such practical operation to an act of Con- gress is to be favored, or indeed to be admitted, u any other can be reconciled with the manifest intent of the legislature. 'What, then, is that manifest intent? Are we %t liberty, upon, a fair and reasonable construc- djpn of the act, to say that Cpngress meant that ^he word. "debts" u^ed in the act should not include debts contracted prior to its passage ? 'In the case of Bronson ss.'Eodes we tnought 9,a:C8elves warranted in holding that this, word, as used in the statute, does not include obliga- tipns created by express contracts for the pay- mint of gold and silver, whether coined or m buiiion. This conclusion rested, however, mainly on the terms of the act, which not only allow, but require, payments in coin by or to the Gov-i ernment, and may be fairly considered, independ- ently of considerations belonging to the law of contracts for the delivery of specified articles, as sanctioning special private contracts for like pay- ments, without which, indeed, the provisions re- lating to government payments could hardly have practical efi'ect. This consideration, however, does not apply to the matter now before us. There is nothing in the terms of the act which looks to any differ-, enoe in its operation on different descriptions of debts payable generally in money, that is to say, in dollars a,nd parts of a dollar. These terms, on the contrary, in their obvious import, include equally all debts not specially expressed to be payable in gold or silver, whether arising under past contracts and already due, or arising under such contracts and to become due at a future day, or arising and becoming due under subsequent contracts. A strict and literal construction, iur deed, would, as suggested by Mr. Justice Story,* in respect to the same wordtused in the Consti- tution, limit the word "debts," to debts existing; and, if the construction cannot be accepted be- cause the limitation sanctioned by it cannot be reconciled with the obvious scope and purpose of the act, it is certainly conclusive against any interpretation Which will exclude existing debb. from its operation. The same conclusion results from the exception of interest on loans and duties on imports from the effect of the legal-tender clause. This ex- ception affords an irresistible implication that no description of debts, whenever contracted, can be withdrawn from the effect of the act, if not included within the terms or the reasonable in- tent of the exception. And it is worthy of observation in this con- nection that in all, the debates to which the act gave occasion in Congress, no suggestion was ever made that the legal-tender clause did not apply as fully to contracts made before as to contracts made after its passage. These considerations seem to us conclusive. We do not think ourselves at liberty, therefore, to say that Congress did not intend to make the notes authorized by it a legal tender in payment of debts contracted, before the passage of the act. We are thus brought to the question whether Congress has power to make notes issued under its authority a legal tender in payment of debts which when contracted were payable by law in gold and silver coin. The delicacy and importance of this question has not been overstated in the argument. This court always approaches the consideration of questions of this nature xeluctantly ; and its con- stant rule of decision has been, and is, that acts of Congress must be regarded as constitutional unless clearly shown to be otherwise. But the Constitution is the fundamental law oi the United States. By it the people have created a government, defined its powers, prescribed their limits, distributed them among the different de- partments, and directed, in general, the manner of their exercise. No department, of the Government has any other powers than those thus- delpgated to it by * 1 Story on Const., 1 921. m nOLITIOAI. MANUAL.' tlie people. All the legislative power granteji by the Constitution belonfes to Congress ; biit it has no legiiilative power which is not thus granted. And the same observation is equally true in its application to the executive and judicial powers grsinted respectively to the President and the courts. All these powers differ in kind, but not in source or in, , limitation. They all arise from the Constitution and are limited by its terms. It is the function of the judiciary to interpret and apply the law to cases between parties as t^ey arise for judgment. It can only declare what the law is, and enforce, by proper process, the law thus declared. But, in ascertaining the respective rights of p,arties, it frequently Becomes necessary to con- sult the Constitution ; for there can be, no law inconsistent with the fundamental law, No en- actment not in pursuance of the authority con- ferred by it can create obligations or confer rights. For such is the eipjes? declaration of , the 'Coijsti- tution itself, in these words : "The Constitution, and the laws pf, the, United, States which shall be made in mrsudnce thereof, and all treaties made, or which '^hall be made, under the authority Of the United States, shall be the supreme law of the laud ; and the judges of every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding." Not every act of Congress, then, is to be re- § aided as the supreme law of the land ; nor is it y every act of Congress that the judges are bound. This character and this force belong only to such acts as are "made in pursuance of the Constitution." When, therefore, a case arises for judicial de- termination, and the decision depends on the alleged inconsistency of a legislative provision with the fundamental law, it is the plain duty of the court to compare the act with the Constitn- tion, and if the former cannot, upon a fair con- struction, be reconciled with the latter, to give effect to the Constitution rather than the statute. This seems so plain that it is impossible to make it plainer by argument. If it be otherwise, the Constitution ie not the supreme law ; it is neither necessary nor tiseful, in any case, to inquire whether or not any act of Congress was passed in pursuance of it; and the oath which every member of this court is required to take, that he " will admhiister justice without respect to per- sons, and do equal right to the poor and the rich, and faithfully perform the duties incumbent upon him to the best of his ability and understanding, agreeably to -the Constitution and laws of the iUnited States," becomes an idle and unmeaning form. The case before us is one of private right The ■plaintiff in the court below sought to recover of ihe defendants a certain sum expressed oi^ the face.of a promissory note. The defendants in- sisted om the right, under the act of February 25, 1862, to acquit themselves of their obliga- tion by tendering in payment a sijm nominally ■equal in United States notes. But the note had been executed before the passage of the act, and the plaintiff insisted on his right under the Con: stitution to be paid the amount due in gold and ■silver, Aod.it/hM not been and cannat be de- nied, that the plaintiff was entitled to judgme^S a,ccording to his claim, unless bound by a consti- tutional law to accept the notes s-? ooi"^- Thus two questions were directly presented ; Were the defendants relieved by the act from the obligation assumed in the contract? Could the plaintiff be compelled by a judgment of the court to receive in payment a currency of different na- ture and value from that which was in the con- templation of the parties when the contract was made ? The court of appeals resolved both questions in the negative, and the defendants in the original suit seek the reversal of that, judgment hy writ of error. It becomes our duty, therefore, to determine whether the act of February 25, 1862, so far as it makes United States notes a legal tender in pay- ment of debts contracted prior to its passage, is constitutional and valid or otherwise. Under a. deep sense of our obligation to perform this duty tp the best of our ability and understanding, we shall proceed to dispose of the case presented by the record. We have already said, and it is generally, if not universally, conceded, that the Government of the United States is one of limited powers, and that no departm,ent possesses any authority not granted by the Constitution. It is not necessary, however, in order to prove the existence of a particular authority to show a particular and express grant. The design of the Constitution was to establish a government com- petent to the direction and administration of the affairs of a great nation, and, at the same time, tp mark, by sufficiently definite lines, the sphere of its operations. To this end it was nee-iTul only to make express grants of general powerc, coupled, with a further grant of such incidental i UvJ aux- iliary ppwers as might be required for !»»■< exer- cise of the powers expressly granted, 'xhes* powers are necessarily extensive. It h»8 Viev'O found, indeed, in the practical administration oi the governnient, that a very large part, if not the largest part, of its functions nave been per- formed in the exercise of powers thus implied. But the extension of power by implication was regarded wjth, some apprehension oy the wise, men who fraiped and by the intelligent citizens who adqpted the Constitution. This apprehen- sion is manifest in the terms by which tne grant of incidental and auxiliary powers is made. All powers of this nature are included Under the de- scription of "power to make all laws necessary and proper for carrying into execution the powers expressly granted tp Congress or vested by the Constitution in the government or in any of its departments or officers." The same apprehension is equally apparent in the Xth article of the Amendments, which declares that '' the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States or the people." We_ do not mean to say that either of these constitutional provisions is to be taken as re- stricting any exercise of power fairly warranted by legitimate derivation from one of the enumer- ated or express powers. The first was undoubt- edly introduced to exclude all doubt in respect JUmCIAL DECISIONS, 1^0. 516 to the existence of implied powers ; while the ■words " necessary and proper were intended to have a "sense," to use the words of Mr. Justice Story, " at once admonitory and directory," and to require that the means used in the execution of an express power " should be bona fide appro- priate to the end."* The second provision was .intended to have a like admonitory and directory sense, and to restrain the limited government established under the Constitution from the exer- cise of powers not clearly delegated or derived byjust inference from powers so delegated. It has not been maintained in argument, nor, indeed, would any one, however slightly con- versant with constitutional law, think of main- taining, that there is in the Constitution any express grant of legislative power to make any description of credit currency a legal tender in payment of debts. We must inquire then wliether this can be done in the exercise of an implied power. The rule for determining wnether a legislative enactment can be supported as an exercise of an implied power was stated by Chief Justice Mar- shall, speaking for the whole court, in the case of McCuUough vs. The State of Maryland,! ^^^ the statement then made has ever since been g,c- cepted as a correct exposition of the Constitution. His words were these : " Let the end be legiti- mate, let it be within the scope of the Constitu- tion, and all means which are appronriate,- which are plainly adapted to that end, wliioh are not prohibited, but consistent with the letter and Bpirit of the Constitution, are constitutional." And in another part of the same opinion the practical application of this rule was thus illus- trated: "Should Congress, in the execution of its powers, adopt measures which are prohibited by the Constitution, or should Congress, under , the pretext of executing its powers, pass laws for the accomplishment of objects not intrusted to the government, it would be the painful duty of this tribunal, should a case requiring such a de- cision come before it, to say that such an act was not the law of the land. But where the law is not prohibited; and is really calculated to effect any of the objects intrusted to the government, to undertake here to inquire into the .degree of its necessity would be to pass the line which circumscribes the judicial department, and tread on legislative ground."J It must be taken then as finally settled, so far as judicial decisions can settle anything, that the words "all laws ne essary and proper for carry- ing into execution " powers expressly granted or vested, have, in the Constitution a sense equiva- lent to that bf the words: laws not absolutely necessary indeed, but, appropriate, plainly adapt- ed to constitvitional and ■ legitimate ends; laws not prohibited, but consistent with the letter and spirit of the Constitution; laws really calculated to effect objects intrusted to the government. The question before us> then, resolves itself into this: Is the clause which makes United States notes a legal tender for debts contracted prior to its enactment a law of the description stated in the rule ? It is not doubted that the power to establish a • aStorvcnthe Const, p. 142, §,1253. f* Wheaton421. 1 4 Wheat., 423. standard of value by which all other values may be measured, or, in other words, to determine what shall be lawful money and a legal tender, is in its nature and of necessity a governmental power. It is in all countries exercised by the government. In the United States, so far as it relates to the precious metals, it is vested in Con- fress by the grant of the- power to coin money, lut can a power to impart these qualities to notes, or promises to pay money, when offered in discharge of pre-existing debts, be derived from the coinage power, or from any other power ex- pressly given ? It is certainly not the same power as the power to coin money. Nor is it in any reasonable or sat- isfactory sense an appropriate or plainly adapted means to the exercise of that power. Nor is there more reason for saying that it is implied in, or incidental to, the power to regulate the value of coined money of the United States, or of foreign coins. This power of regulation is a power to determine the weight, puiity, form, impression, and denomination of the several coins, and their relation to each other, and the relations of for- eign coins to the monetary unit of the United States. Nor is the power to make notes a legal tender the same as the power to issue notes to be used as currency. The old Congress, under the Arti- cles of Confederation, was clothed by express grant with the power to emit bills of credit, which are in fact notes for circulation as currency ; and yet that Congress was not clothed with the power to make these bills a legal tender in payment. And this court has recently held that the Con- gress under the Constitution, possesses as inci- dental to other powers, the same power as the old Congress to emit bills or notes ; but it was expressly declared at the same time that this decision concluded nothing on the question of legal tender. Indeed, we are not aware that it has ever been claimed that the power to issue bills or notes has any identity with the power to make them a legal tender. On the contrary, the whole history of the country refutes that notion. The States have always been held to possess the power to authorize and regulate the issue of bills for circulation by banks or individuals, subject, as has heed lately determined, to the control of Congress, for the purpose of establishing and securing a national currency ; and yet the States are expressly prohibited by the Constitution from making anything but gold and silver coin a legal tender. This seems decisive on the point that the power to issue notes and the power to make them a legal tender are not the same power, and that tbey have no necessary connection with each other. But it has been maintained in argument that the power to make United States notes a legal tender in payinent of all debts is a means appro- pria.te and, plainly adapted to the execution of the power to carry on war, of the power to regu- late commac.e, and, of the power to borrow money. If it is, and is riot prohibited, nor incon- sistent with the letter or spicit of the Constitu- tion, then the act which makes them such legal tender must be held to be constitutional. Let us, then, first inquire whether it is an ap- propriate and plainly adapted means for carry- 516 POLITICAL MANUAL. ing on war? The affirmalive argument may be thus stated : Congress' has power to declare and provide for carrying on war ; Congress has also power to emit bills of credit, or circulating notes receivable for government dues and payable, so lar at least as parties are willing to receive them, in discharge of government obligations ; it will facilitate the use of such notes in disbursements to make them a legal tender in payment of ex- isting debts ; therefore Congress may make such notes a legal tender. It is difficult to say to what express power the authority to make notes a legal tender in pay- ment of pre-existing debts may not be upheld as incidental, upon the principles of this argument. Is there any power which does not involve the use of money? And is there any doubt that Con- gress may issue and use bills of credit as money in the execution of any power? The power to establish post offices and post roads, for example, involves the collection and disbursement of a great revenue. Is not the power to make notes a legal tender as clearly incidental to this power as to the war power ? The answer to this question does not appear to us doubtful. The argument, therefore, seems to prove too much. It carries the doctrine of implied powers very far beyond any extent hith- erto given to it. It asserts that whatever in any degree promotes an end within the scope of a general power, whether, in the correct sense of Sie word, appropriate or not, may be done in the exercise of an implied power. Can this proposition be maintained? It is said that this is not a question for the court deciding a cause, but for Congress exercis- ing the power. But the decisive answer to this is, that the admission of a legislative power to determine finally what powersnave the described relation as means to the execution of other pow- ers plainly granted, and, then, to exercise abso- lutely and without liability to question, in cases involving private rights, the powers thus deter- mined to have that relation, would completeh' change the nature of American government. It would convert the government, which the people ordained as a government of limited powers, into a government of unlimited powers. It would confuse the boundaries which separate the exec- utive and judicial from the legislative authority. It would obliterate every criterion which this court, speaking through the venerated chief jus- tice in the case already cited, established for the determination of the question whether legislative acts are constitutional or unconstitntional. Undoubtedly, among means appropriate, plain- ly adapted, really calculated, the legislature has unrestricted choice. But there can be no implied ^ower to use means not within the description. Now, then, let it be considered what has actu- ally been done in the provision of a national ctrrency. In July and August, 1861, and Feb- ruary, 1862, the issue of $60,000,000 in United States notes, payable on demand, was authorized.* They were made receivable in payments, but were not declared a legal tender until March, 1862,t when the amount in circulation had been greatly reduced by receipt and cancellation. In *12 United States Stats., 259i 313, and 33S. t^^ United Siates Stats., 370. 1862 and 1863* the issue of $450,000,000 in United States notes, payable not on demand, but in effect at the convenience of the Govern- ment, was authorised, subject to certain restric- tions as to $50,000,000. These notes were made receivable for the bonds of the national loans, for all debts due to or from the United States, except duties on imports and interest on the Sublic debt, and were also declared a legal ten- er. In March, 1863,t the issue of notes for parts of a dollar was authorized to an amount not exceeding $50,000,000. These notes were not declared a legal tender, but were made re- deemable under regulations to be prescribed by the Secretary of the Treasury. In February, 1863,t the issue of $300,000,000 in notes of the national banking associations was authorized. These notes were made receivable to the same extent as United States notes, and provision was made to secure their redemption, but they were not made a legal tender. ^ . These several descriptions of notes have since constituted, under the various acts of Congress, the common currency of the United States. The notes which were not declared a legal tender have circulated with those which were so de- clared without unfavorable discrimination. It may be added, as a part of the history, that other issues, hearing interest at various rates, \ were authorized and made a legal tender, except in redemption of bank notes, for face amount, exclusive of interest. Such were the one and two years five per cent, notes and three years compound interest notes. || These notes never entered largely or permanently into the circula- tion; and there is no reason to think that their utility was increased or diminished by the act which declared them a legal tender for face amount. They need not be further considered here. They serve only to illustrate the tendency, remarked by all who have investigated the sub- ject of paper money, to increase the volume of irredeemable issues, and to extend indefinitely the application of the quality of legal tender, That it was carried no further during the recent civil war, and has been carried no further since, is due to circumstances, the consideration of which does not belong to this discussion. We recur, then, to the question nnder conside- ration. No one questions the general constitu- tionality, and not very many perhaps the geUf eral expediency, of the legislation by which a note currency has been authorized in recent years. The doubt is as to the power to declare a particular class of these notes to be a legal tender in payment of pre-existing debts. The only ground upon which this power is asserted is, not that the issue of. notes was an appropriate and plainly-adapted means for car- rying on the war, for that is admitted, but that the making of them a legal tender to the extent mentioned was such a means. Now, we have seen that of all the notes issued those not declared a legal tender at all constitu- ted a very large proportion, and that they circu- lated freely, and without discount. It may be said that their equality in cironla-' • 12 United States Stats., 345, 632, and TO9. tl2 United States Stats., 711. tl2 United States Stats., 669. +13 United States Stats., 218, 426. JUDICIAL DECISIONS, ETC. 517 tion and credit was due to the provision made by law for the" redemption of this paper in legal- tender notes. But this provision, if at all useful in this respect, was of trifling importance com- pared with that which made them receivable for government dues. All modern history testifies -that, in time of war especially, when taxes are augmented, large loans negotiated, and heavy disbursements made, notes issued by the author- ity of the government, and made receivable for dues of the government, always obtain at first a ready circulation ; and even when not redeem- able in coin on demand are as little and usually less subject to depreciation than any other de- scription of notes for the redemption of which no Detter provision is made. And the history of the legislation under consideration is, that it was upon this quality of receivability, and not upon the quality of legal tender, that reliance for circulation was originally placed; for the re- ceivability clause appears to nave been in the original draft of the Dill, while the legal-tender clause seems to have been introduced at a later stage of its progress. These facts certainly are not without weight as evidence thkt all the useful purposes of the notes would have been fully answered without making them a legal tender for pre-existing debts. It is denied, indeed, Ijy eminent writers, that the quality of legal tender adds anything at all to the credit or usefulness of government notes They insist, on the contrary, that it impairs both. ' However this may be, it must be remembered that it is as a means to an end to be attained by the action of the government that the implied power of making notes a legal tender in all pay- ments is claimed under the Constitution. Now, how far is the government helped by this means? Certainly it cannot obtain new supplies or ser- vices at a cheaper rate, for no one will take the notes for more than they are worth at the time of the new contract. The price will rise in the ratio of the depreciation, and this is all that could hap- pen if the notes were not made a legal tender. But it may be said that the depreciation will be less to him who takes them from the government if the government will pledge to him its power to compel his creditors to receive them at par in payments. This is, as we have seen, by no means certain. If the quantity issued be excessive, and redemption uncertain and remote, great deprecia- tion will take pluce ; if, on the other hand, the quantity is only adequate to the demands of busi- ness, and confidence in early redemption is strong, the notes will circulate freely, whether made a legal tender or not. But if it be admitted that some increase of availability is derived from making the notes "a legal tender under new contracts, it by no means follows that any appreciable advantage is gained by compelling creditors to receive them in satis- faction of pre-existing debts. And there is abund- ant evidence that whatever benefit is possible from that compulsion to some individuals or to the government is far more than outweighed by the losses of property, the derangement of busi- ness, the fluctuations of currency and values, and the increase of prices to the people and the government, and the long train of evils which Sow from the use of irredeemable paper money. It is true that these evils 'are not to be attributed altogether to making it a legal tender. But this increases these evils. It certainly widens their extent and protracts their continuance. We are unable to persuade ourselves that an expedient of this sort is an appropriate and plainly adapted means for the execution of the power to declare and carry on war. If it adds nothing to the utility of the notes it cannot be upheld as a means to the end in fur,therance of which the notes are issued. Nor can it, in our judgment, be up- held as such if, while facilitating in some degree the circulation of the notes, it debases and inj uree the currency in its proper use to a much greater degree. And these considerations seem to us equally applicable to the powers to regulate com- merce and to borrow money. Both powers ne- cessarily involve the use of money by the people and by the government, but neither, as we think, carries with it, as an appropriate and plainly adapted means to its exercise, the power of mak- ing circulating notes a legji tender inpayment of pre-existing debts. But there is another view which seems to us decisive, to whatever express power the supposed implied power in question may be referred. In the rule stated by Chief Justice Marshall the words "appropriate," "plainly adapted," "really calcu- lated," are qualified by the limitation that the means must be not prohibited, but consistent with the letter and spirit of the Constitution. Nothing so prohibited or inconsistent can be regarded as appropriate, or plainly adapted, or really calcu- lated means to an end. Let us inquire, then, first, whether making bills of credit a legal tender, to the extent indicated, is consistent with the spirit of the Constitution. Among the great cardinal principles of that in- strument no one is more conspicuous or more ven- erable than the establishment of justice. And what was intended by the establishment of jus- tice in the minds of the people who ordained it is happily not a matter of disputation. It is not left to inference or conjecture, especially in its relations to contracts. When the Constitution was undergoing discus- sion in the convention, the Congress of tbe con- federation was engaged in the consideration of the ordinance for the government of the territory northwest of the Ohio, the only territory subject at that time to its regulation and control. By this ordinance certain fundamental articles of compact were established between the original States and the people and States of the territory, for the purpose, to use its own language, "of ex- tending the fundamental principles of civil and religious liberty, whereon these republics," (the States united under the confederation) "their laws, and constitutions are erected." Among these fun- damental principles was this: "And m the just preservation of rights and property it is under- stood and declared, that no law ought ever to be made or have force in the said territory that shall in any manner whatever interfere with or affect private contracts or engagements honafick and without fraud previously formed." The same, principle found more condensed ex- pression in that most valuable provision of the Constitution of the United States, ever recognized as an efficient safeguard against injustice, that 518 POLITICAL MANUAL. " no Stale shall pass any law impairing the obli- gation of contracts." It is true that this prohibition is not applied in terms to the Government of the United States. Congress has expi-ess power to enact bankrupt laws, and we do not say that a law made in the execution of any other express power, which in- cidentally only impairs the obligation of a con- tract, can be held to be unconstitutional for that reason. But we think it clear that those who framed and those who adopted the Constitution intended that the spirit of this prohibition "should pervade the entire body of legislation, and that the jus- tice which the Constitution was ordained to es- tablish was not thought by them to be compatible with legislation of an opposite tendency. In other words, we cannot doubt that a law not made in pursuance of an express power, which necessarily and in its direct operation impairs the obligation of contracts, is inconsistent with the spirit of the Constitution. Another provision, found in the Vth Amend- ment, must be considered in this connection. We refer to that which ordains that private property shall not be taken for public use without compen- sation. This provision is kindred in spirit to that .which forbids legislation impairing the obligation of contracts ; but, unlike tnat, it is addressed di- rectly and solely to the national government. It does not, in terms, prohibit legislation which ap- propriates the private property of one class of citizens to the use of another class ; but if such property cannot be taken for the benefit of all without compensation, it is difficult to understand how it can be so taken for the benefit of a part without violating the spirit of the prohibition. But there is another provision in the same amendment, which, in our ' judgment, cannot have its full and intended effect unless construed as a direct prohibition of the legislation which we have been considering. It is that which de- clares that "no person snail be deprived of life, liberty, or property without due process of law." It is not doubted that all the provisions of this amendment operate directly in limitation and restraint of the legislative powers conferred by the Constitution. The only question is, whether an act which compels all those who hold con- tracts for the payment of gold and silver money to accept in payment a currency of inferior value deprives such persons of property without due process of law. It is quite clear that, whatever may be the operation of such an act, due process of law makes no part of it. Does it deprive any person of property? A very large proportion of the property of •ivilized men eyists in the form of contracts. These contracts almost invariably stipulate for the payment of money. And we have already seen that contracts in the United States, prior to the act under consideration, for the payment of money, were contracts to pay the sums specified in gold and silver coin. And it is beyond doubt that the holders of these contracts were and are as fully entitled to the protection of this consti- tutional provision as the holders of any other description of property. * But it may be said that the holders of no de- scription of property are protected by it from legislation which incidentally only impairs its vSue. And it may be urged in illustration that the holders of stock in a turnpike, a bridge, or a manufacturing corporation, or an insurance com- pany, or a bank, cannot invoke .its protection against legislation which, by authorizing similar works or corporations, reduces its price in the market. But all this does not appear to meet the real difficulty. In the cases mentioned, the injury is purely contingent and incidental. In the case we are considering, it is direct and inevi- table. If in the cases mentioned the holders of the stock were required by law to convey it on de- mand to any one who should think fit to offer half its value for it, the analogy would be more obvious. No one probably could be found to contend that an act enforcing the acceptance of fifty or seventy-five acres of land in satisfaction of a contract to convey a hundred would not come within the prohibition against arbitrary priva- tion of property. . We confess ourselves unable to perceive any solid distinction between such an act and an act compelling all citizens to accept, in satisfaction of all contracts for money, half or three-quarters, or any other proportion less than the whole of the value actually due, according to their t«rms. It is difficult to conceive what act would take private property without process of law if such an act would not. We are obliged to conclude that an act making mere promises to pay dollars a legal tender in payment of debts previously contracted is not a means appropriate, plainly adapted, really cal- culated to carry into effect any express power vested in Congress ; that such an act is inconsist- ent with the spirit of the Constitution ; and that it is prohibited by the Constitution. It is not surprising that amid the tumult of the late civil war, and under the influence of ap- prehensions for the safety of the republic almost universal, different views, never before enter- tained by American statesmen or jurists, were adopted by many. The time was not favorable to considerate reflection upon the constitutional limits of legislative or executive authority. If power was assumed from patriotic motives, the assumption found ready justification in patriotic hearts. Many who doubted yielded their doubts ; many who did not doubt were silent, fiome who were strongly averse to making government notes a legal tender felt themselves constrained to acquiesce in the views of the advocates of the measure. Not a few who then insisted upon its necessity, or acquiesced in that view, have, since the return of peace and under the influence of the calmer time, reconsidered their conclusions, and now concur in those which we have just an- nounced. These conelusions seem to us to be ■ fully sanctioned by the letter and spirit of the Constitution. We are obliged, therefore, to hold that the de- fendant in error was not bound to receive from the plaintiffs the currency tendered to him in payment of their note, made before the passage of the act of February 25, 1862. It follows that the judgment of the court of appeals of Ken- tucky must be affirmed. JUDICIAL DECISIONS, ETC. 619 It is proper to say that Mr. Justice Grier.wlio was a member of the court when tliis cause was decided ia conference,* and wlien this opinion was directed to be read.f stated his judgment to be that the legal-tender clause, properly con- Btrued, has no application to deljts contracted prior to its enactment; but that upon the con- Btl-Uction given to the act by the other judges he concurred in the opinion that the clause, so far as it makes United States notes a legal tender for such debts, is not warranted by the Consti- tution. Dissenting Opinion. Mr. Justice Miller dissenting: The provisions of the Constitution of the United States which have direct reference to the func- tion of legislation may be divided into three primary classes: 1. Those which confer legislative powers on Congress. 2. Those which prohibit the exercise of legis- lative powers by Congress. 3. Those which prohibit the States from exer- cising certain legislative powers. The powers conferred on Congress may besub- divided into the positive and the auxiliary, or, as they are more commonly called, the express and the implied powers. As instances of the former class may be men- tioned the power to borrow money, to raise and support armies, and to coin money and regulate the value thereof. Thfe implied or auxiliary powers of legislation are founded largely on tnat general provision which closes the enumeration of powers granted in express terms, by the declaration that Con- gress shall also "have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Govern- ment of the United States, or in any department or officer thereof" The question whieh this court is called upon to consider is, whether the authority to make the notes of the United States a lawful tender in payment of debts is to be found in Congress under either of these classes of legislative powers. As one of the elements of this question, and in order to negative an^ idea that the exercise of such a power would be an invasion of the rights reserved to the States, it may be as well to say at the outset, that this is among the subjects of legislation forbidden to the States by the Consti- fution. Among, the unequivocal utterances of that instrument on this subject of legal tender is that which declares that "No State shall coin money, emit bills of credit, or make anything but gold and silvej coin a tender in payment 'of dehts ;" thus removing the whole matter from the domain of State legislation. No such prohibitxon is placed upon the power of Congress on, this subject, though there are, as I have already said, matters' .expressly forbidden to Congress; bub neither this of legal tender, nor of the power to emit bills of credit or to' impair the obligation of contracts, is among them. On the contrary, Congress is expressly authorized to coin money and to regulate the value thereof * Nov. 27, 1869. f Jail. 29, 1870. and of foreign coin, and to punish the counter- feiting of such coin and of the securities of the United States. It has been strongly argued by many able jurists that these latter clauses, fairly construed, confer the power to make the securi- ties of the United States a lawful tender in pay- ment of debts. While I am not able to see in them, standing alone, a sufficient warrant for the exercise of this power, they are not without decided weight when we come to consider the question of the existence of this power as one necessary and proper for carrying into execution other admitted powers of the Government. For they show that so far as the fraMers of the Constitution did go in granting express power over the lawful money of the country, it was confided to Congress and forbidden to the States ; and it is no unreasona- ble inference, that if it should be found necessary, in carryihg into effect some of the powers of the Governbietit essential to its successful operation, to ma.ke its securities perform the office of money in the payment of debts, Ifebh legislation would be in harmony With the power over money granted in express terms. It being conceded, then, that the power under consideration would not, if exercised by Con- gress, be an invasion of any right reserved to me States, but one which they are forbidden to employ, and that it is not one in terms either granted or denied to Congress, can it be sus- tained as a law necessary and proper, at the time it was enacted, for carrying into execution any of these powers that are expressly granted, either to Congress or to the Government or to any de- partinent thereof? From the organization of the Government under the present Constitution there have been from time to time attempts to limit the powers granted by that instrument by a narrow and Rteral rule of construction, and these have been specially directed to the general clause which we have cited As the foundation of the auxiliary powers of the Government. It has been said that this clause;' so far froin authorizing the use of any m'eans which could not have been used without it, is a restriction upon the powers ne- cessarily implied by an iustirumeiit so general in its language. The doctrine is, that when an act of Congress is brought to the test of this clause of the Con' stitiition, its necessity must be absolute, and its adaiptation to the conceded purpose unquestion- able. Nowheire has this principle been met with more eniphatic denial and more satisfactory refu- tation than in this co^rt. That eminent jurist and statesman, whose official career of over thirty years as chief justice commenced 'very soon after the Constitution was adopted, ani whose opin- ions have done as much to fix its meaning as those of any man, living or dead, has given this particular clause the benefit of his fiillest con- sideration. In the case of the United States vs. Fisher, (2 Cranoh, 358,) decided in 1804, the point in issue was the priority claimed for the United States as a creditor of a bankrupt over all other creditors. It was argued mainly on the construction of the statutes, but the power of Congress to pass such 520 POLITICAL MANUAL. a law was also denied. Chief Justice Marshall said: "It is claimed uilder the authority to make all laws which shall be necessary and proper to carry into execution the powers vested by the Constitution in the Government or in any department thereof. In construing this clause, it would be incorrect and would produce endless difficulties, if. the opinion should be maintained that no law was authorized which was not indis- pensably necessary to give effect to a specified power. Where various system.? might be adopted for that purpose, it might be said with respect to each that it was not necessary, because the end might be attained by other means. Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive to the exercise of the power granted by the Constitution." It was accordingly held that, under the au- thority to pay the debts of the Union, it could pass a law giving priority for its own debts in cases of bankruptcy. But in the memorable case of MoCuUoch vs. The State of Maryland, (4 Wheaton, 316,) the most exhaustive discussion of this clause is found in the opinion of the court by the same eminent expounder of the Constitution. That case in- volved, it is well known, the right of Congress to establish the Bank of the United States and to authorize it to issue notes for circulation. It was conceded that the right to incorporate or create such a bank had no specific grant in any clause of the Constitution, still less the right to authorize it to issue notes for circulation as money. But it was argued that, as a means necessary to enable the Government to collect, transfer, and pay out its revenues, the organiza- tion of a bank with this function was within the power of Congress. In speaking of the true meaning of the word "necessary" in this clause of the Constitution he says: "Does itSfcnrays import an absolute physical necessity so strong that one thing to which another may be termed necessary cannot exist without it? We think it does not.' If reference be had to its use, in the common affairs of the world or in approved authors, we find that it frequently imports no more than that one thing is convenient or useful or essential to another. To employ, means ne- cessary to an end is generally understood as employing any means calculated to produce the end, and not as being confined to those single means, without which the end would be entirely unattainable." The word necessary admits, he says, of all degrees of comparison. " A thing may be neces- sary, very necessary, absolutely or indispensably necessary." * * * "This word, then, like otliers, is used in various senses, and in its con- struction the subject, the context, the intention of the person using them are all to be taken into view. Let this be done in the case under con- sideration. The subject is the execution of those great powers on which the welfare of a nation essentially depends. It must have been the in- tention of those who' gave these powers to insure, as far as human prudence could insure, their beneficial execution. This could not be done by confining the choice of means to such narrow limits as not to leave it in the power of Congress i'to adopt any wliiah might be appropriate and which were conducive to the end. This provis- ion is made in a constitution intended to endure for ages to come, and consequently to be adapted to various crises of human amirs. To havg prescribed the means by which the government should in all future time execute its powers would have been -to change entirely the charao'7 ter of the instrument, and give it the properties of a legal code. It would have been an unwise attempt to provide by immutable rules for exi-_ gencies which, if foreseen at all, must have been but dimly, and which can best be provided for as they occur. To have declared that the best means shall not be used, but those alofle without which the power given would be nugatoryj; would have Been to' deprive the legislature of the capacity to avail itself of experience, to exercise its reason, and to accommodate its legislation to, circumstances." I have cited at unusual length these remarks of Chief Justice Marshall because, though made half a century ago, their applicability to the cir- cumstances under which Congress called to its, aid the power of making the securities of the- Government a legal tender as a means of suc- cessfully prosecuting a war which without such! aid seemed likely to terminate its existence, and; to borrow money which could in no other man- r ner be borrowed., and to pay the debt of millions due to its soldiers in the field, which could by no ; other means be paid, seem to be almost prophetios .; If he had had clearly before his mind the future] history of his country he could not have better characterized a principle which would in this very case have rendered the power to carry on war nugatory, which would have deprived Con- gress of the capacity to avail itself of experi- - ence, to exercise its reason, and to accommodate its legislation to circumstances by the use of the most appropriate means of supporting the Gov- ernment in the crisis of its fate. Bat it is said that the clause under considera- tion is admonitory as to the use of implied" powers, and adds nothing to what would nave been authorized without it. The idea is not new, and is probably intended for the same which was urged in the case of Mc- Culloch vs. The State of Maryland, namely, that instead of enlarging the powers conferred on Congress, or providing for a more liberal use of them, it was ■ designed as a restriction upon the ancillary powers incidental to every express grant of power in general terms, I have already cited so fully from that case that I can only refe* to it to say that this proposition is there clearly , stated and refuted. Does there exist, then, any power in Congress or in the Government, by express grant, in the execution of which this legal-tender act was ne- cessary and proper, in the sense here defined, under the circumstances of its passage ? The power to declare war, to suppress insur- rection, to raise and support armies, to provide and maintain a navy, to borrow money on the credit of the United States, to pay the debts of the Union, and to provide for the common de- fense and general welfare, are each and all dis- tinctly and specifically granted in separate clauses of the Constitution. JUDICIAL DECISIONS, ETC, 521 We were in the midst of a war which called all these powers into exercise and taxed them severely ; a war which, if we take into account the increased capacity for destruction introduced by modern science and the corresponding in- crease of its cost, brought into operation powers of belligerency more potent and more expensive than any that the world has ever known. All the ordinary means of rendering eflScient the several powers of Congress above mentioned had been employed to their utmost capacity, and with the spirit of the rebellion unbroken, with large armies in the field unpaid, with a current expenditure of over $1,000,000 per day, the credit of the Government nearly exhausted, and the resources of taxation inadequate to pay even the interest on the public debt. Congress was called on to devise some new means of borrowing money on the credit of the nation, for the result of the war was conceded by all thoughtful men to depend on the capacity of the Government to raise money in amounts previously unknown. The banks had already loaned their means to the treasury. They had been compelled to sus- pend the payment of specie on their own notes. The coin in the country, if it could all have been placed within the control of the Secretary of the Treasury, would not have made a circula- tion sufficient to answer army purchases and army payments, to say nothing of the ordinary business of the country. A general collapse of credit, of payment, and of business seemed inevi- table, in which faith in the ability of the Gov- ernment would have been destroyed, the rebel- lion would have triumphed, the States would have been left divided, and the people impov- erished. The national government would have perished, and with it the Constitution which wo are now called upon to construe with such nice aiid critical accuracy. That the legal-tender act prevented these dis- astrous results, and that the tender clause was necessary to prevent them, I entertain no doubt. It furnished instantly a means of paying the soldiers in the field and filled the coffers of the commissary and quartermaster. It furnished a medium for the payment of private debts, as well as public, at a time when gold was being rapidly wiwidrawn from circulation and the State-bank currency was becoming worthless. It furnished the means to the capitalist of buying the bonds of the Government. It stimulated trade, revived the drooping energies of the couitry, and restored confidence to the public mind. The results which followed the adoption of this measure are beyond dispute. No other ade- quate cause has ever been assigned for the re- vival of government credit, the renewed activity oftrade, and the facility with which the Govern- ment borrowed in two or three years, at reason- able rates of interest, mainly from its own citi- zens, double the amount of money there was in the country, including coin, bank notes, and the notes issued under the legal-tender acts. It is now said, however, in the calm retrospect of these events, that treasury notes suitable for cir6ulation as money, bearing on their face the pledge of the United States for their ultimate payment in -coin, would, if not equally effi- cient, have answered the requirement of the oc- casion without being made a lawful tender for debts. But what was needed was something more than the credit of the Government. That' had bean stretched to its utmost tension, and was clearly no longer sufficient in the simple form of borrowing money. Is there any reason to be- lieve that the mere change in the form of the security given would have revived this sinking credit? On the contrary, all experience shows that a currency not redeemable piomptly in coin, but dependent on the credit of a promiser whose resources are rapidly diminishing, while his lia- bilities are increasing, soon sinks to the dead level of worthless paper. As no man would have been coijipelled to take it in payment of debts, as it bore no interest, as its period of re- demption would have been remote and uncertain, this must have' been the inevitable fate of any extensive issue of such notes. But when by law they were mad-e to discharge the function of paying debts, they had a per- petual credit or value equal 1o the amount of all the debts, public and private, in the country. If they were never redeemed, as they never have been, they still paid debts at their par value, and for this purpose were then, and always have been, eagerly sought by the people. To say, then, that this quality of legal tender was not necessary to their usefulness seems to be unsup- ported by any sound view of the situation. Nor can any just inference of that proposition arise from a comparison of the legal-tender notes with the bonds issued by the Government about the same time. These Donds had a fixed period for theii( payment, and the Secretary ■ of the Treasury declared that they were payable in gold. They bore interest, which was payable semi-annually in gold, by express terms on their face, and the customs duties, which by law could be paid in nothing but gold, were sacredly pledged to the payment of this interest. They can afford no means of determining what would have been the fate of treasury notes designed to circulate as money, but which bore no interest, and had no fixed time of redemption, and by law could pay no debts, and had no fund pledged for their payment. The legal-tender clauses of the statutes under consideration were placed emphatically, by those who enacted them, upon their neces-sity to the further borrowing of money and maintaining the army and navy. It was done reluctantly and with hesitation, and only after the necessity had been demon- strated and had become imperative. Our states- men had been trained in a school which looked upon such legislation with something more than distrust. The debates of the two houses of Con- gress show that on this necessity alone could this clause of the bill have been carried, and they also prove, as I think, very clearly the exist- ence of tha;t necessity. The history of that gloomy time, not to be forgotten by the lover of his country, will for- ever remain the full, clear, and ample vindication of the exercise of this power by Congress, as its results have demonstrated the sagacity of those who originated and carried througpi this measure. Certainly it seems to the best judgment that I POLITICAL MANTTAL. can bring to bear upon the subject that this law was a necessity in the most stringent sense in which that word can be used. But if we adopt the construction of Chief Justice Marshall and the full court over which he presided, a construc- tion which has never to this day been overruled or questioned in this court, how can we avoid this conclusion ? Can it be said that this pro- vision did not conduce towards the purpose of borrowing money, of paying debts, of raising armies, of suppressing insurrection 1 or that it was not calculated to effect these objects ? or that it was not useful and essential to thai end ? Can it be said that this was not among the choice of means, if not the only means, which were left to Congress to carry on this war for national existence ? Let U8 compare the present with other cases decided in this court. If we can sayjudicially that to declare, as in the case of the United States ve. Fisher, that the debt which a bankrupt owes the Government shall have priority of payment over all other debts is a necessary and proper law to enable the Government to pay its own debts, how can we say that the legal-tender clause was not necessary and proper to enable the Government to borrow money to carry on the war ? The creation of the United States Bank, and especially the power granted to it to issue notes for circulation as money, was strenuously resisted as without constitutional authority; but this court held that a bank of issue was necessary, in the sense of that word as used in the Consti- tution, to enable the Government to collect, to transfer, and to pay out its revenues. It was never claimed that the Government could find no other means to do this. It could not then be denied, nor has it ever been, that other means more clearly within the competency of Congress existed, nor that a bank of deposit might possibly have answered without a circula- tion. But because that was the most fitting, useful, and efficient mode of doing what Congress was authorized to do, it was held to be necessary by this court. The necessity in that case is much less apparent to me than in the adoption of the legal-tender clause. In the Veazie Bank vs. Fenno, decided at the present term, this Court held, after full consider- ation, that it was the privilege of Congress to furnish to the country the currency to be used by it in the transaction of business, whether this was done by means of coin, of the notes of the United States, or of banks created by Congress ; and that, as a means of making this power of Congress efficient, that body could make this currency exclusive by taxing out of existence , any currency authorized by the States. It was said "that having, in the exercise of undoubted constitutional power, undertaken to provide a currency for the whole country, it cannot be questioned that Congress may constitutionally secure the benefit of it to the people by appro- priate means." Which is the more appropriate and effectual means of ma'king the currency es- tablished by Congress useful, acceptable, perfect — the taxing of all other currency out of exist- ence, or giving to that furnishea by the Gov- ernment the quality of lawful tender for debts? The latter is a means directly conducive to the end to be attained, a means which attains the end more promptly and more perfectly than any other means can do. The former is a remote and uncertain means in its effect, and is liable to the serious objection that it interferes with State legislation. If Congress can, however, under its implied power, protect and foster this currency by such means as destructive taxation on State bank circulation, it seems strange, indeed, if it cannot adopt the more appropriate and the more effectual means of declaring these notes of its own issue, for the redemption of which its faith is pledged, a lawful tender in payment of debte. feut it is said that the law is in conflict with the spirit if not the letter of several provisions of the Censtitution. Undoubtedly it is a law impairing the obligation of contracts made be- fore its passage. But while the Constitution forbids the States to pass such laws it does not forbid Congress. On the contrary, Congress is expressly authorized to establish a uniform sys- tem of bankruptcy, the ess»nce of which is to discharge debtors from the obligation of their contracts ; and in pursuance of this power Con- gress has three times passed such a law, which m every instance operated on contracts mad^ befbre it was passed. Sudh a law is now in force, yet its constitutionality has never been questioned. HoW it can be in accordance with the spirit of the Constitution to destroy directly the creditor's contract for the sake of the indi- vidual debtor, but contrary to its spirit to affect remotely its value for the safety of the nation, it is difficult to perceive. So it is said that the provisions, that priTSttel property shall not be taken for public use with- out due compensation, and that no person shall be deprived of life, liberty, or property without due course of law, are opposed to tne acts undei' consideration. The argument is too vague for my perception! by which the indirect effect of a great public meas- ure, in depreciating the value of lands, stocks^ bonds, and other contracts, renders such a law invalid as taking private property for public use' or as depriving the ownerof itwithoutduecourse of law. A declaration of war with a maritime power would thus be unconstitutional, because the value' of every ship abroad is lessened twenty-five or thirty per cent, and those at home almost as much. The abolition of the tariff on iron or sugar would in like manner destroy the furnaces, and sink the capital employed in the manufacture of these ar- ticles. Yet no statesmen, however warm an ad- vocate of high tariff, has claimed that to abolish such duties would be unconstitutional as taking private property. If the principle be sound, every successive iasus of government bonds during the war was void, because by increasing the public debt it made those alreadv in private hands less valuable. This whole togument of the injustice of ths la,w, an injustice which, if it ever existed, will be repeated by now holding it wholly void and of its opposition to the spirit of the Constitution, ia too abstract and intangible for application to courts of justice, and is above all dangerous as a ground on which to declare the legislation of Con- JUDICIAL DECISIONS, ETC. 523 gress void by the decision of a court. It would authorize this court to enforce theoretical views of the genius of the government, or vague notions of the spirit of the Constitution and of abstract justice, by declaring Toid laws which did not square with those views. It substitutes our ideas of policy for judicial construction, an undefined Code of ethics for the Constitution, and a court of justice for the national legislature. Upon the enactment of these legal-tender laws they were received with almost universal acqui- escence as valid. Payments were made in the legal-tender notes for debts in existence when the law was passed to the amount of thousands of millions of dollars, though gold was the only law- ful tender when the debts were contracted. A great if not larger amount is now due under con- tracts made since their passage, under the belief that these legal tenders would be valid payment. The two houses of Congress, the President who signed the bill, and fifteen State courts, being all but one that has passed upon the question, have expressed their belief in the constitutionality of these laws. ■ With all this great weight of authority, this strong concurrence of opinion among those who have passed upon the question, before we have been called to decide it, whose duty it was as much as it is ours to pass upon it in the light of the Constitution, are we to reverse their action, to disturb contracts, to declare the law void be- cause the necessity for its enactment does not appear so strong to us as it did to Congress, or so clear as it was to other courts ? Such is not my idea of the relative functions of the legislative and judicial departments of the Government. Where there is a choice of means, the selection is with Congress, not the court. If the act to be considered is in any Sense essential to the execution of an acknowledged power, the degree of that necessity is for the legislature and not for the court to determine. In the case in Wheaton, from which I have already quoted so fully, the court says that "where the law is not prohibited, and is really calculated to effect any of the objects intrusted to the (rovernmeut, to undertake here to inquire into the degree of its necessity would be to pass the line which circum- scribes the judioia,! department, aid to tread on legislative ground. This court disclaims all pre- tences to such a power." This sound exposition of the duties of th« court in this dass of cases relieves me from any embarrassment or hesitation in- the case before me. If I had entertained doubts of the constitutionality of the law, I must have held the law valid until .those doubts became con- victions. But as I have a very decided opinion that Congress acted within the scope of its au- thority, I must hold the law to be constitu- tional, and dissent from the opinion of the court. I am authorized to say tlmt Mr. Justice Swayne and Mr. Justice Davis concur in- this opinion. Note.— When this decision w&a made the court con- sisted of eight judges, tliere being one vacancy, caused ft^ the death of Judge Wayne, of Georgia. The five who tfoheurred in the decision are Chief Justice Chase and Associate Justices Nelson, Clifford, Grier, and Field. Of these, the first three we understood to hold the le- kal-tender clause unconstitutional for all purposes, and the latter two as unconstitutional as to prior con- tracts only. Since the decision was pronounced. Associate Jus- tices Strong and Bradley have been added to the bene^i, the former in place or Associate Justice Grier, the latter in place of Associate Justice Wayne. There is a strone impression that the/aM court -will reverse tlie above decision wlienever a case involving the ques- tion may arise.— E. MoP. On the Bight of the United States &oTernment to Tax State Banks- Obrtificate of division In opinion between the judges of the cir- cuit court of the Uni- ted States for the dis- trict of Maine. Dbobmbbb Teem, 1S69 The President, Directors, and' Company of the Veaaie Bank, plaintiffs, V8. Jeremiah Fehno, collector of internal i:Bvenue. Mr. Chief Justice Chase delivered the opinion of the court. The necessity of adequate provision for the financial exigencies created by the late rebellion suggested to the administrative and legislative de- partments of the Government important changes in the systems of currency and taxation whioh had hitherto prevailed. THise changes, more or less distinctly shown in administrative recom- mendations, took form and substance in legisla- tive acts. We have now to consider, within a limited range, those whioh relate to circulating notes and the taxation of circulation. At the beginning of the rebellion the circulat- ing medium consisted almost entirely of bank notes issued by numerous independent corpora- tions variously organized under State legislatioUj of various degrees of credit, and very unequal resources, administered often with great, and not unfrequently with little skill, prudence, and in- tegrity. The acts of Congress then in force pro- hibiting the receipt or disbursement, in the trans- actions of the national Government, of anything except gold and silver, and the laws of the States requiring the redemption of bank notes in coin on demand, prevented the disappearance of gold and silver from circulation. There was then no national currency except coin; there was no general* regtilaitioni of any other by national legislation, and no national taxation was im- posed in any form on the State bank circula- tion. The first act amthoriaing the emission of notes by the Treasury Department for circulation was that of July 17, 1861.f The notes iesued under this act were treasury notes, payable on demand in coin. The alnount authorized by it was fifty millions of dollars, and was increased by the act of Febrmary 12, 1862,J to sixty millions. On the 31st of December, 1861, the State banks suspended specie payment. Until this time the expenses of the war had been paid in coin, or in the demand notes lust referred to, and for some- time afterwards they continued to be paid im these notes, which, if not redeemed in coin, were received as coin in the payment of duties. Subsequently, on the 25th of February, 1862,| a new policy became necessary in consequence of the suspension and of the condition of ths eonntry, and' was adopted. The notes hitherto issued, as has just been stated, were called treas^ • See the act of December 27, 18B4, tp suppress small notes in the District of Columbia, 10 U- 8. State., 599ii tl2 U. S. Stats., 269. 1 12 U. S. Stats., 338. |l2 U. 3^ Stats., 3'i3. 524 POLITICAL MANUAL. nry notes, and were payable on demand in coin. The act now passed authorized the issue of bills for circulation under the name of United States notes, made payable to bearer, but not expressed to be payable on demand, to the amount of $150,000,000 ; and this amount was increased by subsequent acts to- $450,000,000, of which $50,- 000,000 were to he held in reserve, and only to be issued for a special purpose, and under special directions as to their withdrawal from circulation* These notes, until after the close of the war, were always convertible into or receivable at par for bonds payable in coin, and bearing coin interest, at a rate not less than five per cent., and the acts by which they were authorized declared them to be lawful money and a legal tender. This currency, issued directly by the Govern- ment for the disbursement of the war and other expenditures, could not, obviously, be a proper object of taxation. But on the .25th of February, 1863, Khe act authorizing national banking associations f was passed, in which, for the first time during many years, Congress "recognized the expediency and duty of imposing a tax upon currency. By this act a tax of two per cent, annually was imposed on the circulation of the associations authomzed by it. Soon after, by the act of March 3, 1863, J a similar but lighter tax of one per cent, an- nually was imposed on the circulation of State banks in certain proportions to their capital and of two per cent, on the excess ; and the tax on the national associations was reduced to the same rates. Both acts also imposed taxes on capital and deposits, which need not be noticed here. At a later date, by the act of June 3, 1864, J which was substituted for the act of February 25, 1863, authorizing national banking associa- tions, the rate of tax on circulation wa* continued and applied to the whole amount of it, and the shares of their stockholders were also subjected to taxation by the States ; and a few days after- wards, by the act of June 30, 1864, || to provide ways and means for the support of the Govern- ment, the tax on the circulation of the State banks was also continued at the same annual rate of one per cent., as before, but payment was required in monthly installments of one-twelfth of one per cent., with monthly reports from each State bank of the amount in circulation. It can hardly be doubted that the object of this provision was to inform the proper authorities of the exact amount of paper money in circulation, with a view to its regulation by law. The first step taken by Congress in that direc- tion was by the act of July 17, 1862,1[ prohibit- ing the issue and circulation of notes under one , dollar by any person or corporation. The act just referred to was the next, and it was followed some months later by the act of March 3, 1865, amendatory of the prior internal revenue acts, the 6th section of which provides : " That every national banking association, State bank, or State banking association, shall pay a tax of ten per centum on the amount of the notes of any State • Act of July 11, 1862, 12 U. S. Stats., 532 ; act of March 8, 1863, 12 U. S. Stats., 710. 1 12 U. S. Stats., 670. 1 12 U. 8. Stotfl., 712. a 13 U. S. Stats., 111. 1 13 U. S. Stats., 277. TI2 U. 8. Stats , 682. bank or State banking association paid out by them after the 1st day of July; 1866."* The same provision was re-enacted, with a' more extended application, on the 13th of July, 1866, in these words : " Every national banking' association. State bank, or State banking asso- ciation, shall pay a tax of ten per centum on the amount of notes of any person. State bank, or State banking association, used for circulation" and paid out by them after the 1st day of August, 1866, and such tax shall be assessed and paid in such manner as shall be prescribed by the Com-,' missioner of Internal Revenue." f The constitutionality of this last provision is now drawn in question, and this brief statement of the recent legislation of Congress has been made for the purpose of placing in a clear light its scope and bearing, especially as developed in the provisions just cited. It will be seen that when the policy of taxing hank circulation was first adopted in 1863, Congress was inclined to discriminate for, rather than against, the circu- lation of the State banks ; but that when thei country had been sufficiently furnished with a national currency by the issue of United States! notes and of national bank notes, the discrimi-i nation was turned, and very decidedly turned',-' in the opposite direction. ' The general question now before us is, whether or not the tax of ten per cent., imposed on State- banks or national banks paying out the notes of individuals or State banks used for circulation, is repugnant to the Constitution of the United- States. ' It is presented by a certificate of division of i opinion Detween the judges of the circuit court; of the United States for the district of Maine, in a suit brought by the President, Directors, and Company of the Veazie Bank against Jeremiah- Fenno, collector of internal revenue, for the re- covery of the tax, penalty, aud costs paid by the bank to the collector under protest and to avoid distraint. The Veazie Bank is a corporation chartered by- the State of Maine, with authority to issue bank notes for circulation, and the notes on which the tax imposed by the act was collected were issued under this authority. There is nothing in the case showing that the bank sustained any relar- tion to the State as a financial agent, or that its authority. to issue notes was conferred or exer- - cised with any special reference to other than ' private interests. j The case was presented to the circuit court '- upon an agreed statement of facts ; and upon rf' prayer for instructions to the jury the judges^- found themselves opposed in opinion on three questions, the first of which is this r " Whether the second clause of the 9th section' of the act of Congress of the 13th of July, 1866, under which the ^x in this case was levied and collected, is a valid and constitutional law ? " The other two questions difi'er from this' in form only, and need not be recited. In support of the position that the act of Con- gress, so far as it provides for the levy and col- lection of this tax, is repugnant to the Constitu^'' tion, two propositions have been argued with much force and earnestness. * 13 U.S. stats., 484. f 14 U- 8. Stats., 146. JUDICIAL DECISIONS, ETC. 525 .. The first is that the tax in question is a direct tax, and has not been apportioned among the States agreeably, to the Constitution. The second is that the act imposing the tax impairs a franchise granted by the State, and that Congress has no power to pass any law with that intent or effect. The first of these propositions will be first ex- amined. The difficulty of defining with accuracy the terms used in the clause of the Constitution which confers the power of taxation upon Congress was felt in the convention which framed that instru- ment, and has always been experienced by courts when called upon to determine their meaning. The general intent of the Constitution, how- ever, seems plain. The general government, ad- ministered by the congress of the Confederation, had been reduced to the verge of impotency by the necessity of relying for revenue upon requi- sitions on the States, and it was a leading object in the adoption of the Constitution to relieve the government to be organized under it from this necessity, and confer upon it ample power to provide revenue by the taxation of persons and property. And nothing is clearer, from the dis- cussions in the convention and the discussions which preceded final ratification by the neces- sary, number of States, than the purpose to give this power to Congress, as to the taxation of everything except exports, in its fullest extent. ' This purpose is apparent, also, from the terms in which the taxing power is granted. The power is " to lay ana collect taxes, duties, im- posts, and excises, to pay the debt and provide for the common defence and general welfare of t$e United States." More comprehensive words could not have been used. Exports only are by another provision excluded from its application. There are, in4eed, certain virtual limitations arising from the principles of the Constitution itself. It would undoubtedly be an abuse of the power if so exercised as to impair the separate existence and independent self-government* of the States, or if exercised for ends inconsistent vifith the limited grants of power in the Consti- tion. .And there are directions as to the mode of ex- ercising the power. If Congress sees fit to impose a capitation or other direct tax, it must be laid in proportion to the census ; if Congress deter- mines to impose duties, imposts, and excises, they must be uniform throughout the United States. These are not strictly limitations of power. They are rules prescribing the mode in which it shall be exercised. It still extends to every object of taxation except exports, and may be applied to every object of taxation to which it extends in such measure as Congress may determine. The comprehensiveness of the power thus given to Congress may serve to explain, at least, the absence of any attempt by members of the con- vention to define, even in debate, the terms of the grant. The words used certainly des.cribe the whole power, and it was the intention of the convention that the whole power should be con- 'ferred. The definition of particular words there- fore became unimportant. •County of Lane v. State of Oregon, 7 Wall., 73. It may be said, indeed, that this' observation, however just in its application to the general grant of power, cannot be applied to the rules by which different descriptions of taxes are directed to be laid and collected. Direct taxes must be laid and collected by the rule of apportionment ; duties, imposts, and excises must be laid and collected under the rule of uni- formity. Much diversity of opinion has always prevailed upon the question, what are direct taxes? At- tempts to answer it by reference to the defini- tions of political economists have been frequently made, but without satisfactory results. The enu- meration of the different kinds of taxes which Congress was authorized to impose was probably made with very little reference to their specula- tions. The great work of Adam Smith, the first comprehensive treatise on political economy in the English language, had then been recently published; but in this work, though there are passages which refer to the characteristic differ- ence between direct and indilect taxation, there is nothing which affbrds any valuable light on the use of the words direct taxes in the Consti- tution, We are obliged, therefore, to resort to historical evidence, and to seek the meaning of the words in the use and in the opinion of those whose re- lations to the government and means of knowl- edge warrantedthem in speaking with authority. And, considered in this light, the meaning and application of the rule as to direct taxes appears to us quite clear. It is, as we think, distinctly shown in every act of Congress on the subject. In each of these acts a gross sum was laid upon the United States, and the total amount was ap- portioned to the several States according to their respective numbers of inhabitants, as ascertained ■ by the last preceding census. Having been ap- portioned, provision was made for the imposition of the tax upon the subjects specified in the act, fixing its total sum. In 1798, when the first direct taxT was imposed, the total amount was fixed at $2,000,000;* in 1813, the amount of the second direct tax was fixed at $3,000,000 ;t in 1815, the amount of the third at $6,000,000, and it was made an annual tax;t in 1816, the provision making the tax an- nual was repealed by the repeal of the 1st section of the act of 1815, and the total amount was fixed for that year at $3,000,000.? No other direct tax was imposed until 1861, when a direct tax of $20,000,000 was laid and made annual ;|| hut the provision making it annual was suspended, and no tax except that first laid was ever appor-. tioned. In each instance the total sum was ap- portioned among the States by the constitutional rule, and was assessed at prescribed rates on the subjects of the tax. These subjects in 1798,T[ 1813,** 1815,tt 1816,Jt were lands, improve- ments, dwelling-houses, and slaves; and in 1861 lands, improvements, dwelling-houses only. Un- der the act of 1798, slaves were assessed at fifty * Act of July 14, 1798, 1 U. S. Stats., 697. t Act of Au- fust 2, 1813, 3 U S. Stats., 63. X Act "' Ju'y 9. 1815, 3 U. . Stats., 16*. I Act of March 5, 18J6, 3 U. S. Stats., 256. II Aot of August 5, 1861, 12 U.S. Stats., 294. f Act of July 9, 1798, 1 U. S. Stats., 586. **Act of July 22, 1813, 3 U. S. Stats., 26. tfSU.S. Stats., 166. t]:3UiS;Stats., 25& 626 POLITICAL MANUAL. cents on eacn ; nnder the other acts, according to valuation by assessors. This review shows that personal property, con- tracts,. occupations, and the like, have never been regarded by Congress as proper subjects of direct tax. It has been supposed that slaves must be considered as an exception to this observation. But the exception is rather apparent than real. As persons, slaves were proper subjects of a capi- tation tax, which is described in the Constitution as a direct tax ; as property, they were by the laws of some, if not most, of the States classed as real property, descendible to heirs. Under the first view, they would be subject to the tax of 1798 as a capitation tax ; under the latter, they would be subject to the taxation of the other years as really. That the latter view was that taken by the framers of the acts after 1798 be- comes highly probable, when it is considered that in the States where slaves were held much of the value which would otherwise have attached to land paesed into the slaves. If indeed the land only nad been valued without the slaves, the land would have been subject to much heavier proportional imposition in those States than in States where there were no slaves ; for the pro- portion of tax imposed on each State was deter- mined by population, without reference to the subjects on which it was to be assessed. The fact, then, that slaves were valued under the acts referred to, far from showitig, as some have supposed, that Congress regarded personal property as a proper object of direct taxation under the Constitution, shows only that Congress, after 1798, regarded slaves, for the purpose of taxation, as realty. It may be rightly affirmed, therefore, that in the practical coiistruotion of the Constitution by Congress, direct taxes have been limited to taxes on land and appurtenances, and taxes on polls, or capitation taxes. And this construction is entitled to great con- sideration, especially in the absence of anything adverse to it in the discussions of the convention which framed and of the conventions which rati- fied the Constitution. What does appear in those discussions, on the contrary, supports the construction. Mr. Madi- son, says Mr. King, asked what was the precise meaning of direct taxation, and no one answered. On another day, when the question of propor- tioning representation to taxation, and both to the white and three-fifths of the slave inhabit- ants, was under consideration, Mr. Ellsworth said: "In case of a poll-tax, there would be no difficulty ;" and, speaking doubtless of direct tax- ation, he went on to observe, "The sum allotted to a State may be levied without difficulty, ac- • cording to the plan used in the State for raising its own supplies. All this doubtless shows un- certainty as to the true meaning of the term direct tax ; but it indicates also an understand- ing that direct taxes were such as may be levied by capitation, and on lands and appurtenances; or, perhaps, by valuation and assessment of per- sonal property upon general lists; for these were the subjects from which the States at that time usually raised their principal sup- plies. This view received the sanction of this court two vears before the enactment of jthe first law imposing direct taxes eo nomine. During the February term, 1796, the constitu- tionality of the act of 1794, imposing a duty on carriages, came under consideration in the cas? of Hjrlton vs. The United States.* Suit was brought by the United States against Daniel Hyiton to recover the penalty imposed by the act for not returning ana paying duty on a nuin- ber of carriages for the conveyance of persons, kept by the defendant for his own use. The law did not provide for the apportionment of the tax, and, if it was a direct tax, the law was confess- edly unwarranted by the Constitution. The only question in the case, therefore, was whether or not the tax was a direct tax. -. The case was one of great expectation, and' a general interest was felt in its determination. It was argued, in support of the tax, by Lee, At- torney General, and Hamilton, recently Secre- tary of the Treasury ; in opposition to the tax, by Campbell, attorney for the Virginia district,, and IngersoH, attorney general of Pennsylvania. Of the justices who then filled this bench, Ells- worth, Paterson, and Wilson had been memberB, and conspicuous members, of the constitutional, convention, and each of the three had taken part in the discussions relating to direct taxa- tion. Ellsworth, the chief justice, sworn into office that morning, not having heard the whole argument, declined taking part in the decision. Cushing, senior associate justice, having been prevented by indisposition from attending to the argument, also refrained from expressing an opinion. The other judges delivered their opin- ions in succession, the youngest in commissioii delivering the first, and the oldest the last. They all held that the tax on carriages was not a direct tax within the meaning of the Con- stitution. Chase, J., was inclined to think that the direct taxes contemplated by the Constitu- tion are only two: a capitation or poll tax, and a tax on land. He doubted whether a tax by a general assessment of personal property can he included within the term direct tax. Paterson, who had taken a leading part in the constitu- tion convention, went more fully into the sense in which the words giving the power of taxa- tion were used by that body. In the course of this examination he said: " Whether direct taxes, in the sense of the Cori- stitution, comprehend any other tax than a capi- tation tax and tax on land is a questionable point. If Congress, for ii.iitance, should tax, in the aggregate or mass, things that generally per- vade all the States in the Union, then, perhaps,, the rule of apportionment would be the most proper, especially if an assessment was to inter- vene. This appears from the practice of some of the States to have been considered as a direct tax. Whether it be so under the Constitution of the United States is a matter of some difficulty ; but as it is not before the court, it would be im- proper to give any decisive opinion upon it. I never entertained a doubt that the principal^I will not say the only — objects that the frainera of the Constitution contemplated as falling within the rule of apportionment were a capitation tax and a tax on land."f •3 Call., 171. t3 Ball., 177. JUDICIAL DECISIONS, ETC. b-Il Iredell, delivering his opinion at length, con- curred generally in the views of Justices Chase and Paterson. Wilson had expressed his opin- ions to the same general effect when giving the decision upon the circuit, and did not now repeat them. Neither Chief Justice Ellsworth nor Jus- tice Cashing expressed any dissent ; and it can- not he supposed if, in a case so important, their judgments had differed from those announced, that an opportunity would not have heen given them by an order for reargument to participate in the decision. It may be safely assumed, therefore, as the unanimous judgment of the court, that a tax on carriages is not a direct tax. And it may further be taken as eatfeblished, upon the testimony of Paterson, that the words direct taxes, as used in the Constitution, comprehended only capitation taxes and taxes on land, and perhaps taxes on personal property by general valuation and as- sessment of the various descriptions possessed within the several States. It follows necessarily that the power to tax without apportionment extends to all other ob-' jects. Taxes on other objects are included under the heads of taxes not direct, duties, imposts, and excises, and must be laid and collectad by the rule of uniformity. The tax under consideration is a tax on bank circulation, and may very well be classed under the head of duties. Certainly it is not in the sense of the Constitution a direct tax. It may he said to come within the same category of taxation, as the tax on incomes of insurance companies, which this court, at the last term, in the ca.se of Soule vs. the Insurance Company,* held not to be a direct tax. Is it, then, a tax on a franchise granted by a State, which Congress, upon any principle ex- empting the reserved powers of the States from impairment by taxation, must be held to have no authority to lay and collect ? We do not say that there may not be such a tax. It may be admitted that the reserved rights of the States, such as the right to pa«s laws, to give effect to laws through executive action, to administer justice through the courts, and to em- ploy all necessary agencies for legitimate pur- poses of State government, are not proper sub- jects of the taxing power of Congress. But it cannot be admitted that franchises granted by a State are necessarily exempt from taxation ; for franchises are property, often very valuable and productive property; and, when not conferred tor the purpose of giving effect to some reserved power of a State, seem to be as properly/ objects of taxation as any other property. But in the case before us the object of taxation is not the franchise of the bank, but property created or contracts made and issued under the franchise or power to issue bank bills. A rail- road company, in the exercise of its corporate franchises, issues freight receipts, bills of lading, and passenger tickets ; and it cannot be doubted that the organization of railroads is quite as im- portant to the State as the organization of banks. But it will hardly be (Juestioned that these con- tracts of the company are objects of taxation 7 Wall., 453. within the powers of Cong.'ess, ancJ not exempted by any relation to the State which granted the charter of the railroad. And it seems difficult to distinguish the taxation of notes issued for circulation from the taxation of these railroad contracts. Both descriptions of contracts are means of profit to the corporations which issue them ; ana both, as we think, may properly be made contributory to the public revenue. It is insisted, however, that the tax in the case before us is excessive, and so excessive as to in- dicate a purpose on the part of Congress to de- stroy the franchise of the bank, and is, therefore, beyond the constitutional power of Congress. The first answer to this is that the judicial cannot prescribe to the legislative departments of the government limitations upon the exercise of its acknowledged powers. The power to tax may be exercised oppressively upon persons, but the responsibility of^the legislature is not to the courts, out to the people by whom its members are elected. So if a particular tax bears heavily upon a corporation or a claSs of corporations, it cannot, for that reason only, be pronounced con- trary to the Constitution. But there is another answer which vindicates equally the wisdom and the power of Congress. It cannot be doubted that under the Constitu- tion the power to- provide a circulation of coin is given to Congress. And it is settled by the uniform 'practice of the Government and by re- peated decisions, that Congress may constitu- tionally authorize the emission of bills of credit. It is not important here to decide whether the quality of legal tender in payment of debts can be constitutionally imparted to these bills ; it is enough to say that there can be no question of the power of the Government to emit them, to make them receivable in payment of debts to itself, to fit them for use by those who see fit to use them in all the transactions of commerce, to provide for their redemption, to make them a currency uniform in value and description, and convenient and useful for circulation. These powers until recently were only partially and occasionally exercised. Lately, however, they have been called into full activity, and Congress has undertaken to supply a Currency for the en- tire country. The methods adopted for the supply of this currency were briefly ex-plained in tne first part of this opinion. It now consists of coin, of United States notes, and' of the notes of the na- tional banks. Both descriptions of notes may be properly described as bills of credit, for both are furnished by the government ; both are issued on the credit of the government, and the govern- "ment is responsible for the redemption of both ; primarily as to the first description, and imme- diately upon default of the bank as to the second. When these bills shall be made convertible into coin at the will of the holder, this currency will perhaps satisfy the wants of the community in respect to a circulating medium as perfectly as any mixed currency that can be devised. Having thus, in the exercise of undisputed constitutional powers, undertaken to provide a currency for the whole country, it cannot be questioned that Congress may constitutionally 528 POLITICAL MANUAL. Beonre the benefit of it to the people by appro- priate legislation. To this end Congress has de- nied the quality of legal tender to foreign coins, and has provided by law against the imposition of counterfeit and base coin on the community. To the same end Congress may restrain by suit- able enactments the circulation as money of any notes not issued under its own authority. Without this power, indeed, its attempts to secure a sound and uniform currency for the country must be futile. Viewed in this light, as well as in the other light of a duty on contracts or property, we can- not doubt the constitutionality of the tai under consideration. The three questions certified from the circuit court of the district of Maine must therefore be answered affirmatively. Dissenting Opinion. Mr. Justice Nelson dissenting. I am unable to concur in the opinion of a ma- jority df the court in this case. , The Veazie Bank was incorporated by the Legislature of the State of Maine in 1848, with a capital of $200,000, and was invested with the customary powers of a banking institution ; and among others the power of receiving deposits,, discounting paper, and issuing notes or bills for circulation. The constitutional authority of the State to create these institutions, and to invest them with full banking powers, is hardly denied. But it may be useful to recur for a few moments to the source of this authority. The Xth amendment to the Constitution is as follows; " The powers not delegated to the Uni- ted States by tb'e Constitution, nor prohibited by it to the States, are reserved to the States respect- ively or to the people." On looking into the Constitution it will be found that there is no clause or provision which, either expressly or by reasonable implication, delegates this power to the federal Government, which originally belong- ed to the States, nor which prohibits it to them. In the discussions on the subject of the creation of the first bank of the United States in the first Congress and in the Cabinet of Washington, in 1790 and 1791, no question was made as to the constitutionality of the Stale banks. . The only doubt that existed, and which divided the opin- ion of the most eminent statesmen of the day, many of whom had just largely participated in the formation of the Constitution, the govern- ment under which they were then engaged in organizing, was, whether or not Congress pos- sessed a concurrent power to incorporate a bank- ing institution of the United States. Mr. Hamilton, in his celebrated report on a Rational bank to the House of Representatives, discusses at some length the question whether or not it would be expedient to substitute the Bank of North America, located in Philadelphia, and which had accepted a charter from the Legisla- ture of Pennsylvania, in the place of organizing a new bank. And, although he finally came to the conclusion to organize a new one, there is not a suggestion or intimation as to the illegality or unconstitutionality of this State bank. The act incorporating this bank, passed Febru- ary 25, 1791, prohibited the establishment of any other by Congress during its charter, but said nothing as to the State banks. A like prohibi- tion is contained in the act incorporating the Bank of the United States of 1816. The consti- tutionality of a bank incorporated by Congress was first settled by the judgment of this court in , McCnlloch vs. The State of Maryland, in 1819. (4 Wheat., p. 316.) In that case both the counsel and the court recognize the legality and consti- tutionality of banks incorporated by the States. The constitutionality of the Bank of the United States was again discussed and decided in the case of Osborn vs. United States Bank, (9 Wheat., 738.) And in connection with this was argued and decided a point in the case of the United States Bank vs. The Planters' Bank of Georgia, which was common to both cases. The question was whether the circuit courts of the United States had jurisdiction of a suit brought by the United States Bank against the Planters' Bank of Georgia, incorporated by that State, and in which the State was a stockholder. (9 Wheat., -pp. 804-904.) The court held in both cases that it had. Since the adoption of the Constitution down to the present act of Congress and the case now before us, the question in Congress and in the courts has been, not whether the State banks were con- stitutional institutions, but whether Congress had the power conferred on it by the States to estab- lish a national bank. As we have said, that question was dosed by the judgment of this court in McCuUoch vs. The State of Maryland. At the time of the adoption of the Constitution there were four State banks in existence and in opera- tion — one in each of the States of Pennsylvania, New York, Massachusetts, and Maryland. The one in Philadelphia had been originally chartered by the Confederation, but subsequently took a charter under the State of Pennsylvania. The framers of the Constitution were, therefore, fami- liar with these State banks and the circulation of their paper as money, and were also familiar with the practice of the States, that was so com- mon, to issue bills of credit, which were bills issued by the State exclusively on its own credit, and intended to circulate as currency, redeem- able at a future day. They guarded the people against the evils of this practice of the State gov? ernments by the provision in the 10th section of the first article, " that no State shall " "emit bills of credit," and in the same section guard against anj abuse of paper money of the State banks, in the following words: " Nor make anything but fold and silver coin a tender in payment of ebts." As bills of credit were- thus entirely, abolished, the paper money of the State banks was the only currency or circulating medium to which this prohibition could have had any appli- cation, and was the only currency, except gold and silver, left to the States. The prohibition: took from this paper all coercive legislation, and left it to stand alone upon the credit of the banks. It was no longer an irredeemable currency, aa the banks were under obligation, and including, frequently, that of its stockholders, to redeem their paper in circulation in gold or silver at the JUDICIAL DECISIONS, ETC. 629 counter. The State banks were left in this con- dition by the Constitution, untouched by any other provision. As a consequence they were gradually established in most or all of the States, and had not been encroached upon or legislated against, or in any other way interfered with by acts of Congress, for more than three-quarters of a century — from 1787 to 1864. But, m addition to the above recognition of the State banks, the question of their constitutionality came directly before this court in the case of Briscoe vs. The Bank of the Commonwealth of Kentucky. (11 Pet , 257.) The case was most elaborately discussed both by the counsel and the court. The court, after the fullest consideration, held that the States Eossessed the power to grant charters to State anks; that the power was incident to sovereign- ty ; and that there was no limitation in the fed- eral Constitution on its exercise by the States. The court observed that the Bank of North Amer- ica and of Massachusetts, and some others, were in operation at the time of the adoption of the Constitution, and that it could not be supposed the notes of these banks were intended to be in-' hibited by that instrument, or that they were considered as bills of credit within its meaning. All the judges concurred in this judgment except Mr. Justice Story. The decision in this case was, affirmed in Woodruff vs. Trapnall, (10 How., 205 ;) in Danington ds. the Bank of Alabama, (13 ib., 12;) and in Curran vs. State of Arkansas, (15 ib., 317.) Chancellor Kent observes that Mr. Justice Sto- ry, in his Commentaries on the Constitution, (vol. 3, p. 19,) seems to be of opinion that, independ- ent of the long-continued practice, from the time of the adoption of the Constitution, the States would not, upon a sound construction of the Con- stitution, if the question was res Integra, be au- thorized to incorporate banks with a power to circulate bank paper as currency, inasmuch as they are expressly prohibited from coining money. He cites the opinions of Mr. Webster, of the Sen- ate of the United States, and of Mr. Dexter, for- merly Secretary of War, on the same side. But, the chancellor observes, the equal if not the freater authority of Mr. Hamilton, the earliest pcretary of the Treasury, may be cited in sup- port of a different opinion ; and the contemporary sense and uniform practice of the nation are de- cisive of the question. He further observes, the prohibition (of bills of credit) does not extend to bills emitted by individuals, singly or collectively, whether associated under a private agreement for banking purposes, as was thoicase with the Bank of New York prior to its earliest charter, which was in the winter of 1791, or acting under a char- ter of incorporation, so long as the State lends not its credit, or obligation, or coercion to sustain the circulation. , In the case of Briscoe vs. The Bank of the Com- monwealth of Kentucky, he observes this question was put at rest by the opinion of the court, that there was no limitation in the Constitution on the power of the States to incorporate banks, and Hieir notes were not int&ded nor were considered da bills of credit. (1 Kent's Com., p. 409, marg. note A, lOtb ed.) The constitutional power of the States being 34 thus established by incontrovertible authority to create State banking institutions, the next ques- tion is whether or not the tax in question can be upheld consistently with the enjoyment of this power, > The act of Congress of July 13, 1866, (14 U. S. Stats., 146, § 9,) declares that the State banks shall pay ten per centum on the amountof their notes, or the notes of any person, or other State bank, used for circulation and paid out by them after the 1st of August, 1866. In addition to this tax there is also a tax of five per centum per annum upon all dividends to stocKholders, (13 U. S. Stats,, p. 283, 2 120,) besides a duty of one twenty-fourth of one per centum monthly upon all deposits, and the same monthly duty upon the capital of the bank. (JJ., 277, §110.) This makes an aggregate of some sixteen per cent, imposed annually upon these banks. It will be observed the tax of ten per centum upon the bills in circulation is not a tax on the property of the institutions. The bills in circulation are not the prop|rty, but the debts of the bank, and, in their account of debits and cred- its, are placed to the debit side. Certainly no gov- ernment has yet made the discovery of taxing both sides of this account, debit and credit, as the property of a taxable person or corporation. If both these items could be made available for this purpose a heavy national debt need not create any very great alarm, neither as it respects its pressure on the industry of the country, for the time being, or of its possible duration. There is nothing in the debts of a bank to distinguish them in this respect from the debts of individuals or persons. The discounted paper received for the notes in circulation is the property of the bank, and is taxed as such, as is the property of indi- viduals received for their notes that may be out- standing. The imposition upon the banks cannot be up- held as a tax upon property ; neither could it have been so intended. It is simply a mode by which the powers or faculties of the States to in- corporate banks are subjected to taxation, and which, if maintainable, may annihilate those powers. No person questions the authority of Congress to tax the property of the banks, and of all other corporate bodies of a State, the same as that of individuals. ■ They are artificial bodies, representing the associated pecuniary means, of real persons, which constitute their business capi- tal, and the property thus invested is open and subject to taxation w^th all the property, real and personal, of the State. A tax upon this property, and which, by the Constitution, is to be uniform, affords full scope to the taxing power of the federal Government, and is consistent with the power of the States to create the banks, and, in our judgment, is the only subject of tax- ation by this Government to which these instil tutions are liable. As we have seen, in the forepart of this opin- ion, thfe power to incorporate banks was not surrendered to the federal Government, but re- served- to the. States; and it follows that the Constitution itself protects them, or should pro- tect them, from any encroachment upon thia right. As to the powers thus reserved, the S30 POLITICAL MANUAL. States are as supreme as before they entered into the Union, and are entitled to the unrestrained gxercise of them. The question as to the taxa- tion of the powers and faculties belonging^ to governments is not new in this court. The bonds of the federal Government have been held to be exempt from State taxation. Why ? Be- cause they were issued under the power in the Constitution to borrow money, and the tax would be a tax upon this power ; and, as there can bo no limitation to the extent of the tax, the power to borrow might be destroyed. So, in the instance of the United States notes or legal ten- ders, as they are called, issued under a construc- tive power to issue bills of credit, as no express power is given in the Constitution, they are ex- empt from State taxation for a like reason as in the case of Government bonds ; and we learn from the opinion of the court in this caae that one step further is taken, and that is, that the notes of the national banks are to be regarded as bills of credit, issued' indirectly by the Gov- ernment; and it follows of course from this that the banks used as instruments to issue and put in circulation these notes are also exempt. We are not complaining of this. Our purpose is to show how important it is to the proper pro- tection of the reserved rights of the States that these powers and prerogatives should be exempt from federal taxation, and how fatal to their ex- istence if permitted. And also that, even if this tax could be regarded as one upon property, still, under the decisions above referred to, it would be a tax upon the powers and faculties of the States to create these banks, and therefore unconstitutional. It is true that the present decision strikes only at the power to create banks, but no person can fail to see that the principle involved affects the power to create any other description of corpora- tions, such as railroads, turnpikes, manufacturing .companies, and others. This taxation of the powers and faculties of jihfi State governments, which are essential to 4heir sovereignty and to the efficient and inde- ipendent management and administration of their internal affairs, is for the first time advanced as an ^attribute of federal authority. It finds no support or countenance in the early history of the government or in the opinions of the illus- trious atatesHnen who founded it. These states- men Berapulously abstained from any encroach- ment lupsn the reserved rights of the States, and -within these limits sustained and supported them 4a sovereign States. We say nothing aa to the purpose of this heavy tax lOf -some sixteen per centum upon the banks,.ten.of which we cannot hut regard as im- I posed upon .the power- of the States to create -them J indeed the purpose is scarcely concealed in the opinion of the court, namely, to encourage the national banks. It is sufficient to add, that the burden of .the tax, while it has encouraged -these banks, has proved fatal to those of the States; and,, if we are at liberty to judge of the purpose of an action from the consequences that 'have followed it, ii is not, perhaps, going too far to say that these, consequences were intended. [I am instructed to say thit Mr. Justice Davis flijncurs in-ihis. Qjpinion.j On the Bight of the State Governments to Tax ITational Banks. Decembee Teem, 1869. TheFirstNationalBankof Louis-1 In error tn Ihe ville, plainriff in error, I court of aopeal^ vs. ( of the State d? The Commonwealth of Kentucky. J Kentucky. Mr. Justice Miller delivered the opinion of the court. This is an action brought by the State of Ken- tucky in her own courts against the First Na- tional Bank of Louisville to recover the amount of a tax of fifty cents per share on the shares ot its stock. The case resulted in a judgment in favor of the commonwealth in the court of ap- peals, to which this writ of error is prosecuted. The suit is brought, according to the practice of the courts of that State, by a petition, setting forth the amount of the tax, and claiming a judg- ment for the same. The answer, by the same mode of practice, sets up four distiiict defenses to the action. These are: 1. That defendant is not organized under the law of the State, but under the bank act of the Jnited States, and is not, therefore, subject to State taxation. 2. That it has been selected and is acting as a depositary and financial agent of the Government of the United States, and, therefore, is not liable to any tax whatever, either on the bank, its capi- tal, or its shares. 3. That its entire capital is invested in secu- rities of the Go-vernraent of the United States, and that its shares of stock represent but an in- terest in said securities, and therefore are not subject to State taxation. 4. That the shares of the stock are the prop- erty of the individual shareholders, and that the bank cannot be made responsible for a tax levied on those sharesj and cannot be compelled to col- lect and pay such tax to the State. In the several recent decisions concerning the taxation of the shares of the national banks, as regulated by sections forty and forty-one of the act of Congress of June 3, 1864, (13 U. S. Stats., Ill,) it has been established as the law govern- ing this court that the property or interest of a stockholder in an incorporated bank, commonly called a share, the shares in their aggregate total- ity being called sometimes the capital stock of the bank, is a different thing from the moneyed capital of the bank, held and owned by the cor- poration. This capital may consist of cash, or of bills and notes discounted, or of real estate combined with theSe. The whole of it may be invested in bonds of the Government, or in bonds of the States, or in bonds and mortgages. In whatever it may be invested it is owned by the bank as a corporate entity, and not by the stock- holders. A tax upon this capital is a tax upon the bank, and we have held that when tliat capital was invested in the securities of the Government it could not be taxed, nor could the corporation be taxed as the owner of such secu- rities. On the other hand, we have held that the shareholders or stockholders, by which is meant the same thing, may be taxed by the States on stock or shares so held by them, although all the JUDICIAL DECISIONS, ETC. 53i capital of tlie tank be invested in federal seou- ritxes, provided the taxation does not violate the rule prescribed by the act of 1864. It IS not intended here to enter again into the argument by which this distinction is maintained, but to give a clear statement of the propositions that we have decided, that we may apply them to the case before us. If, then, the tax for which the State of Ken- tucky recovered judgment in this case is a tax upon the shares of the, stock of the bank, and is not a tax upon the capital of the bank owned by the corporation, the first, second, and third grounds of defence must fail. ■ There are, then, but two questions to be con- sidered in the case before us; 1. Does the law of Kentucky, under which this tax is claimed, impose a tax upon the shares of the bank, or upon the capital of the bank, which is all invested in Government bonds? 2. If it is found to be a tax on the shares, can the bank be compelled to pay the tax thus levied on the shares by the State? The revenue law of Kentucky imposes a tax "on bank stock, or stock in any moneyed corpo- ration of loan and discount, of fifty cents on each share thereof, equal to one hundred dollars of stock therein, owned by individuals, corpora- tions, or societies." We entertain no doubt that this provision was intended to tax the shares of the stockholders, and that if no other provision had been made the amount of the tax would have been prima- rily collectible of the individual or corporation owning such shares, in the same manner that other taxes are collected from individuals. It is clear that it is the shares owned or held by indi- viduals in the banking corporation which are to be taxed, and the measure of the tax is fifty cents per share of oug hundred dollars. These shares may, in the market, be worth a great deal more or a great deal less than tlieir par or nomi- nal value, as its capital may have been increased or diminished by gains or losses, but the tax is the same in each case. This shows that it is the thare which is intended to be taxed, and not the cash or other actual capital of the bank. ' It is said that there may be, or that there really are, banks in Kentucky whose stock is not divided into shares of $100 each, but into shares of $50 or other amounts, and that this shows that the legislature did not intend a tax of fifty cents on the share, but a tax on the capital. But the argument is of little weight. What the legislature intended to say was, that we irti- pose a tax on the shares held by individuals or other corporations in banks in this State. The tax shall be at the rate of fifty cents per sliare of stock equal to $100. If the sliares are only equal to $50, it will be twenty-five cents on each of such shares. If they are equal to $500, it will be $2 50 per share. The rate is regulated so as to be equal to fifty cents on each snare of $100. But it is strongly urged that it is to be deemed a tax on the capital of the bank, because the law requires the officers of the bank to pay this tax on the shares of its stockholders. Whether the State has the right to do this we will presently consider; but the fact that it has attempted to dp it does not prove that the ta^ is anything else than a tax on these shares. It has been the practice of many of the States for a long time to require of its corporations thus t6 pay the tax levied on their shareholders. It is the common, if not the only, mode of doing this in all the New England States, arid in several of them the portion of this tax which should prop- erly go as the shareholders' contribution to local or municipal taxation is thus collected by the State of the bank and paid over to, the local mu- nicipal authorities. In the case of shareholders not residing in the State, it is the only mode in which the State can reach their shares for taxation. We are therefore of opinion that the law of Kentucky is a tax upon the share of the stoofc holder. If the State cannot require of the hank to pay the tax on the shares of its stock it must be be- cause the Constitution of the United States or some act of Congress forbids it. There is cer- tainly no express provisiqn of the Constitution on the subject. But it is argued that the banks, being instrumentalities of the federal Govern- ment, by which some of its important operations are conducteiJ, cannot be subjected to such State legislation. It is certainly true that the bank of the United States and its capital were held to be exempt from State taxation on the ground here stated, and this principle, laid down in the case of Mc- CuUoch vs. The State of Maryland, has been re- peatedly reaffirmed by the court. But the doc- trine has its foundation in the proposition that the right of taxation may be so used in such cases as to destroy the instrnmentalities by which the Government proposes to effect its law- ful purposes in the States, and it certainly can- not be maintained that banks or other corpora- tions or instrnmentalities of the Government are to be wholly withdrawn from the operation of State legislation. The most important agents of the federal Government are its officers, bat no one will contend that when a man becomes an officer of the Government he ceases to be subject to the laws of the State. The principle we are discussing has its limitation, a limitation grow- ing out of the necessity on which the principle itself is founded. That limitation is, that the agencies of the federal Government are only exempted from State legislation so far as that legislation may interfere with or impair their efficiency in per- forming tlie functions by which they are de- signed to serve that Government. Any oilier rule would convert a principle founded alone in the necessity of securing to the , Government of the United States the means of exercisinj; il.s' legitimate powers into an unau- thorized and unju.stifiable invasion of the rights of the States. The salary of a federal officer rnay no I be taxed ; he may be exempted from afay personal service which interferes with the dis- charge of his official duties, because those exemp- tions are essential to enable him to perform those duties. But he is subject to all tie laws of the State which affect his family or social re- lations or his property, and he is liable to pun- ishment for crime, though that punishment be imprisonment or death. 532 POLITICAL MANUAL. So of tlie banks. They are subject to the laws of the State, and are governed in their daily course of business far more by the laws of the State than of the nation. All their contracts are governed and construed by State laws. Their acquisition and transfer of property, their right to collect their debts, and their liability to be sued for debts, are all based on State law. It is only when the State law incapacitates the banks from discharging their duties to the Government that it becomes unconstitutional. We do not see the remotest probability of this in their being required to pay the tax which their stockholders owe to the State for the shares of their capital stock, when the law of the fede- ral Government authorizes the tax. If the State of Kentucky had a claim against a stockholder of the bank who was a non-resi- dent of the State it could undoubtedly collect the claim by legal proceeding, in which the bank could be attached or garnished, and made to pay the debt out of the means of its shareholder under its control. This is, in effect, what the law of Kentucky does in regard to the tax of the State on the bank shares. It is no greater interference with the functions of the bank than any other legal proceeding to which its business operations may subject it, and it in no manner hinders it from performing all the duties of finan- cial agent of the Government. A very nice criticism of the proviso to the forty-first section of the national-bank act, which permits the States to tax the shares of such banks, is made to us, to show that the tax must be collected of the shareholder directly, and that the mode we have been considering is by implication forbidden. But we are of opinion that while Congress intended to limit State tax- ation to the shares of the bank as distinguished from its capital, and to provide against a dis- crimination in taxing such bank shares unfav- orable to them, as compared with the shares of other corporations and with other moneyed capital, it did not intend to prescribe to the States the mode in which the tax should be col- lected. The mode under consideration is the one which Congress itself has adopted in collecting its tax on dividends and on the income arising from bonds of corporations. It is the only mode' which, certainly and without loss, secures the- payment of the tax on all the shares, resident or non-resident, and, as we have already stated, it is the mode which experience has justified in the New England States as the most convenient and proper in regard to the numerous wealthy corpo- rations of those, States. It is not to be readily inferred, therefore, that Congress intended to prohibit this mode of collecting a tax which they expressly permitted the States to levy. It is said here in argument that the tax is void, because it is greater than the tax laid by the State of Kentucky on other moneyed capital in that State. This proposition is not raised among the very distinct .and separate grounds of defence set up by the bank in the pleading. Nor is there any reason to suppose that it was ever called to the attention of the court of appeals, whose judgment we are reviewing. We have so often of late decided that when a case is brought before us by writ of error to a State court that we can only consider such alleged errors as are involved in the record and actually received the consideration of the State court, that it is only necessary to state the proposition now. As the question thus sought to be raised here was not raised in the court of appeals of Kentucky, we cannot consider it. The judgment of that court is affirmed. LII. PRESIDENT GRANT'S FIRST ANNUAL AND SPECIAL MESSAGES AND PROCLAMATION. President Grant's First Annual Message, Deoembee 6, 1869. To the Senate and Mouse of Representatives: In coming before you for the first time as Chief Magistrate of this great nation, it is with grati- tude to the Giver ot all good for the many bene- fits we enjoy : we are blessed with peace at home, and are without entangling alliances abroad to forebode trouble ; with a territory unsurpassed in fertility, of an area equal to the abundant sup- port of five hundred millions of people, and abounding in every variety of useful mineral in quantity sufiicieut to supply the world for gene- rations ; with exuberant crops ; with a variety of climate adapted to the production of every spe- cies of earth's riches, and suited to the habits, tastes, and requirements of every living thing ; with a population of forty millions of free people, all speaking one language; with facilities for every mortal to acquire an education ; with insti- tutions closing to none the avenues to fame or any blessing of fortune that may be coveted; with freedom of the pulpit, the press, and the school; with a revenue flowing into the national treasury beyond the requirements of the Govern- ment. Happily, harmony is being rapidly restored within our own borders. Manufactures hitherto unknown in our country are springing up in all sections, producing a degree of national independ- ence uuequaled by that of any other power. These blessings and countless others are in- trusted to your care and niine for safe-keeping, for the brief period of our tenure of office. In a short time we must, each of us, return lo the ranks of the people who have conferred upon us our honors, and account to them for our stewardship. I earnestly desire that neither you nor I may be condemned by a free and enlightened constitu- ency, nor by our own consciences. Emerging from a rebellion qf gigantic magni- tude, aided as it was by the sympathies and as- sistance of nations with which we were at peace, eleven States of the Union were four years ago left without legal State governments. A national debt had been contracted ;• American commerce was almost driyen from the seas; the industry of one-half of the country had been t»ken from the control of the capitalist: and placed where all labor rightfully belongs — in the keeping of the laborer. The work of restoring State govern- ments loyal to the Union, of protecting and fos- tering free labor, aitd providing means for paying the interest on the puolio debt, has received am- ple attention from Congress. Although your efforts have not met with the success in all partic- nlars that might have been desired, yet, on the whole, they have been more successful than could have been reasonably anticipated. Seven States which passed ordinances of seces- sion have been fully restored to their places in the Union. The, eighth, Georgia, held an elec- tion at which she ratified her constitution, repub- lican in form, elected a governor, members of Congress, a State legislature, and all other ofScers required. The governor was duly installed and the legislature met and'performed all the acts then required of them by the reconstruction acts of Congress. Subsequently, however, in viola- tion of the constitution which they had just rati- fied, (as since decided by the supreme court of the State,) they unseated the colored members of the legislature and admitted to seats some mem- bers who are disqualified by the third clause of the XlVth amendment to the. Constitution, an article which they themselves had contributed to ratify. Under these circumstances, I would sub- mit to you whether it would not be wise, without delay, to enact a law authorizing the governor of Georgia to convene the members originally elected to the legislature, requiring each member to take the oath prescribed by the reconstruction acts, and none to be admitted who are ineligible under the third clause of the XIV th amendment. The freedmen, under the protection which they havereceived, are making rapid progress in learn- ing, and no complaints are heard of lack of in- dustry on their part where they receive fair re- muneration for their labor. The means provided for paying the interest on the public debt, with all other expenses of government, are more than ample. The loss of our commerce is the only result of the late rebellion which has not received sufficient attention from you. To this subject I call your earnest attention. I will not now sug- gest plans by which this object may be effected, but will, if necessary, make it the subject of a special message during the session of Congress. At the March term. Congress by joint resolu- tion authorized the Executive to order elections in the States of Virginia, Mississippi, and Texas, to submit to them the constitutions which each had previously, in convention, framed, and sub- mit the constitutions, either entire or in separate parts, to be voted upon at the discretion of the Executive. Under this authority elections were called. In Virginia the election took place on the 6th of July, 1869. The governor and lieu- tenant governor elected have been installed. The legislature met and did all required by this resolution and by all the reconstruction acts of Congress, and abstained from all doubtful author- ity. I recommend that her senators and repre- sentatives be •promptly admitted to their seats, 533 534 POLITICAL MANUAL. and that the State be fully restored to its place in the family of States. Elections were called in Mississippi and Texas, to commence on the 30th of November, 1869, and to last two days in Mississippi and four days in Texas. The elections have taken place,«but the result is not known. It is to be hoped that the acts of the legislatures of these States when they meet will be such as to receive your approval and thus close the work of reconstruction. Among the evils growing out of the rebellion, and not yet referred to, is that of an irredeema- ble currency. It is an evil which I hope will receive your most earnest attention. It is a duty, and one of the highest duties, of govern- ment to secure to the citizen a medium of ex- change of fixed, unvarying value. This implies a return to a specie basis, and no substitute for it can be devised. It should be commenced now and reached at the earliest practicable moment consistent with a fair regard to the interests of the debtor class. Immediate resumption, if practicable, would not be desirable! It would compel the debtor class to pay, beyond their contracts, the premium oa gold at the date of their purchase, and would bring bankruptcy and ruin to thousands. Fluctuation, however, in the paper value of the measure of all values (gold) IS detrimental to the interests of trade. It makes the man of business an involuntary gambler, for, in all sales where future payment IS to be made, both parties speculate as to what will be the value of the currency to be paid and received. - 1 earnestly recommend to you, then, snch legislation as will insure a gradual return to, specie payments and put an immediate stop to fluctuations in the value of currency. The methods to secure the former of these re- sults are as numerous as are the speculators on political economy. To secure the latter I see but one way, and that is, to authorize the treasury to redeem its own paper, at a fixed price, whenever presented, and to withhold from circulation all currency so redeemed until sold again for gold. The vast resources of the nation, both devel- oped and undeveloped, ought to make our credit the best on earth. With a less burden of taxa- tion than the citizen has endured for six years past, the entire public debt could be paid in ten years. 'But it is not desirable that the people should be taxed to pay it in that time. Year by year the ability to pay increases in a rapid ratio. But the burden of interest ought to be reduced as rapidly as can be done without the violation of contract. The public debt is repre- sented in great part by bonds, having from five to twenty and from ten to forty years to run, bearing interest at the rate of six per cent, and 'five per cent., respectively. It is optional with the Government to pay these bonds at any pe- riod after the expiration of the least time men- tioned upon their face. The time has already expired when a great part of them may be taken up, and is rapidly approaching when all may be. It is believed that all which are now due may be replaced by bpnds bearing a rate of in- terest not exceeding four-and-a-half per cent., and as rapidly as the remainder become due that they may be replaced in the same way. To accomplish this it may ne necessary to authorize the interest to be paid at either of three or four of the money^centers of Europe, or by any assist- ant treasurer of the United States, at the option of the holder of the bond. I suggest this subject for the consideration of Congress, and also, simul- taneously with this, the propriety of redeeming our currency, as before suggested, at its market value at the time the law goes ^into efi'ect, in- creasing the rate at which currency shall be bought and sold from day to day or week to week, at the same rate of interest as Government pays upon its bonds. The subjects of tariff and internal taxation will necessarily receive your attention. The reve- nues of the country are greater than the require- ments, and may with safety be reduced But, as the funding of the debt in a four or a four-and a-half per cent, loan would reduce annual cur- rent expenses largely, thus, after funding, justi- fying a greater reduction of taxation than would be now expedient, I suggest postponement of this question until the next meeting of Congress. It may bp advisable to modify taxation and tariff in instances where unjust or burdensome discriminations are made by the present laws ; but a general revision of the laws regulating this subject I recommend the postponement of for the present. I also suggest the renewal of the tax on incomes, but at a reduced rate, say of three per cent., and this tax to expire in three years. With the funding of the national debt, as here suggested, I feel safe in saying that taxes and the revenue from imports may be reduced safely from sixty to eighty millions per annum at once, and may be still further reduced from year to year, as the resources of the country are devel- The report of the Secretary of the Treasury shows the receipts of the Government for the fiscal year ending June 30, 1869, to be $370,943,- 747, and the expenditures, including interest, bounties, ifec^, to be $321,490,597. The estimates for the ensuing year are more favorable to the Government, and .will no doubt show a, much larger decrease of the public debt. The receipts in the Treasury, beyond expendi- tures, have exceeded the amount necessary to place to the credit of the sinking fund as pro- vided by law. To lock up the surplus in the Treasury and withhold it from circulation would lead to such a contraction of the currency as to cripple trade and seriously affect the prosperity of the country. Under these circumstances the Secretary of the Treasury and myself heartily concurred in the propriety of using all the sur- plus currency in the Treasury in the purchase of government bonds, thus recfuoing the , interest- bearing indebtedness of the country, and'of sub- mitting to Congress the question of the disposi- tion to be made of the bonds so purchased. The bonds now held by the Treasury amount to about seventy-five millions, including those belonging to the sinking fund. I recommend that the whole be placed to the credit of the einking fund. Your attention is respectfully invited to the recommendations of the Secretary of the Treas- ury for the creation of the office of commissioner of customs revenue, for the increase of salaries to certain classes of officials, the substitution of MESSAGES AND PROCLAMATION. 535 increased national bank circulation to replace to outstanding three per cent, certificates, and most especially to his recommendation for tlie repeal of laws allowing shares of fines, penalties, forfeitures, Ac, to officers of the Government or to informers. The office of Commissioner of Internal Reve- nue is one of the most arduous and responsible uiider the Government. It falls but little, if any, short of a cabinet position in its import- ance and responsibilities. I would ask for it, therefore, such legislation as in your judgment will place the office upon a footing of dignity commensurate with its importfince, and with the character and qualifications of the class of men required to fill it properly. As the United States is the freest of all nations, BO, too, its people sympathize with all peoples struggling for liberty and self-government. But, while so sympathizing, it is due to our honor that we should abstain from enforcing our views upon unwilling nations; and from taking an in- terested part, without invitation, in the quarrels between different nations or between govern- ments and their subjects. Our course should always be in conformity with strict justice and law, international and local. Such has been the policy ,of the administration in dealing with these questions. For more than a year a valua- ble province of Spain, and a near-neighbor of ours, in whom all our people cannot but feel a deep interest, has been struggling for indepen- dence and freedom. The people and Govern- ment of the United States entertain the same warm feelings and sympathies for the people of Cuba, in their pending struggle, that they mani- fested throughout the previous struggles between Spain and her former colonies in behalf of the latter. ' But the contest has at no time assumed the conditions which amount to a war in the sense of international law, or which would show the existence of a de facto political organization of the insurgents sufficient to justify 'a recogni- tion of belligerency. The principle is maintained, however, that this nation is its own judge when to accord the rights of belligerency, either to a people strug- gling to free themselves from a government they believe to be oppressive or to independent nations at war with each other. "• The United States have no disposition to in- terfere with the existing relations of Spain to her colonial possessions on this continent. They believe that in due time Spain and other European powers will find their interest in ter- minating those relations, and establishing their present dependencies as independent powers — members of the family of nations. These de- pendencies are no longer regarded as subject to transfer from, one European power to another. When the present relation of colonies ceases they are to .become independent powers, exercising the right of choice ivnd of self-control in the de- termination of their future condition and rela- tions with other powers. The United States, in order to put a stop to bloodshed in Cuba, and in the interest of a neigh- boring people, proposed their good offices to bring the existing contest to a termination. The offer, not being accepted by Spain on a basis which we believed could be received by Cuba, was with- drawn. It is hoped that the good offices of the United States may yet prove advantageous for tlie settlement of this unhappy strife. Meanwhile a number of illegal expeditions against Cuba have been broken up. It has been the endeavor of the administration to execute the neutrality laws in good faith, no matter how unpleasant the task, made so by the sufferings we have endured from lack of like good faith toward us by other nations. On the 26th of March last the United States schooner Lizzie Major was arrested on the high seas by a Spanish "frigate, and two passengers taken- from it and carried as prisoners to Cuba. Representations of these facts were made to the Spanish government as soon as official informa- tion of them reached Washington. The two pas- sengers were set at liberty, and the Spanish gov- ernment assured the United States that the- cap- tain of the frigate in making the capture had acted without law, that he had oeen reprimanded for the irregularity of his conduct, and that the Spanish authorities in Cufca would not sanction any act that could violate the rights or treat with disrespect the sovereignty of this nation. The question of the seizure of the brig Mary Lowell at o'ne of the Bahama Islands, by Si>an- ish authorities, is now the subject of correspond- ence between this Government and those of Spain and Great Britain. The captain general of Cuba, about May last, issued a proclamation authorizing search to be made of vessels on the high seas. Immediate remonstrance was made against this, whereupon the captain general issued a new proclamation limiting the right of search to vessels of the United States so far as authorized under the treaty of 1795. This proclamation, however, "was immediately withdrawn. I have always felt that the most intimate rela- tions should be cultivated between the republic of the United States and all independent nations on this continent. It may he well worth con- sidering whether new treaties between us and them may not be profitably entered into, to secure more intimate relations, friendly, commercial, and otherwise. The subject of an inter-oceanic canal to connect the Atlantic and Pacific oceans, through the Isth- mus of Darien, is one in which commerce is greatly interested. Instructions have been given to our minister to the republic of the Unified States of Colombia to endeavor to obtain authority for a survey by this Government, in order to determine the practicability of such an undertaking, and a charter for the right of way to build, by private enterprise, such a work, if the survey proves it to be practicable. In order to comply with the agreement of the United States as to a mixed commission at Lima for the adjustment ofolaims, it became necessary to send a commissioner and -secretary to Lima in Angi^st last. No appropriation having been made by Congress for this purpose, it is now asked that one be made covering the past and future ex- penses of the commission. The good offices of the United States to bring about a peace between Spain and the South American republics, with which she is at war; having been accepted by Spain, Peru, and Chili; 636 POLITICAL MANUAL. a congress has been invited to be beld in Wasb- ington during the present winter. ■ A grant has been given to Europeans of an exclusive right of transit over the territory of Nicaragua, to which Costa Rica has given its assent, which, it is alleged, conflicts with vested rights of citizens of the United States. The De- partment of State has now this subject under consideration. The minister of Peru having made representa- tions that there was a state of war between Peru and Spain, and that Spain was constructing, in and near New York, thirty gunboats, which might be used by Spain in such a way as to re- lieve the naval force at Cuba, so as to operate against Peru, orders were given to prevent their departure. No further steps having been taken by the representative of the Peruvian govern- ment to prevent the departure of these vessels, and I not feeling authorized to detain the prop- erty of a nation with which we are at peace on a mere executive order, the matter has been re- ferred to the courts-to decide. The conduct of the war between the allies and the republic of Paraguay has made the inter- course with that country so difEcult that it has been deemed advisable to withdraw our repre- Ben.tative from there. Toward the close of the last administration a convention was signed at London for the settle- ment of all outstanding claims between Great Britain and the United States, which failed to receive the advice and consent of the Senate to its ratification. The time and the circumstances attending the negotiation of that treaty were unfavorable to its acceptance by the people of the United States, and its provisions were vmolly inadequate for the settlement of the grave wrongs that had been sustained by this Government ss well as by its citizens. The injuries resulting to the United States by reason of the course adopted by Great Britain during our late civil war, in the increased rates of insurance, in the diminution of exports and imports, and other obstructions to domestic industry and production, in its effect iipon the foreign commerce of the country, in the decrease and transfer to Great Britain of our commercial marine, in the prolongation of the war and the increased cost (both in treasure and in lives) of its suppression, could not be adjusted and satisfied as ordinary commercial claims, which continually arise between commercial na- tions. And yet the convention treated them simply as such ordinary claims, from which they differ more widely in the gravity of their char- acter than in the magnitude of their amount, great even as is that difference. Not a word was found in the treaty, and not an inference could be drawn from it, to remove the sense of the un- ffiendiiueSB of the course of Great Britain in our struggle for existence, which had so deeply and universally impressed itself upon the people of this country. Believing that a convention thus misconceived in its scope and inadeqnatein its provisions would not have produced the hearty, cordial sett'.ement of pending questions, which alone is consistent with the relations which I desire to have firmly established between the United States and Great Britian, I regarded the action of the Senate, in rejecting the treaty, to have been wisely taken in the interest of peace, and as a necessary step in the direction of a perfect and cordial friend- ship between the two countries. A sensitive people, conscious of their power, are more at ease nnaer a great wrong, wholly unatpned, than under the restraint of a settlement which satis- ' fies neither their ideas of justice nor their grave sense of the grievance they have sustained. The rejection of the treaty was followed by a state of public feeling, on both sides, which I thought ■ not favorable to an immediate attempt at re- newed negotiations. I accordingly so instructed the minister of the United States to Great Britain, and found that my viev/o in this regard were shared by her majesty's ministers. I hope that the time may soon arrive when the two govern- ments can approach the solution of this momen- tous question with an appreciation of what is due to the rights, dignity, and honor of each, and with the determination not only to remove the causes of complaint in the past, but to lay the foundation of a broad principle of public law, which will prevent future differences and tend to firm and continued peace and friendship. ' This is now the only grave question which the United States has with any foreign nation. The question of renewing a treaty for recip rocal trade between the United States and the British provinces on this continent has not been favorably considered by the administration. The advantages of such a treaty would be wholly in favor of the British producer. Except, possibly, a few engaged in the trade between the two sec- tions, no citizen of the United States would be benefited by reciprocity. Our internal taxatioi would prove a protection to the British prodiicei , almost equal to the protection which our manu- facturers now receive from the tariff. Some arrangement, however, for the regulation of com- mercial-intercourse between the United States and the Dominion of Canada may be desirable. . The commission for adjusting the claims of the "Hudson's Bay and Puget Sound Agricultu- ral Company" upon the United States has ter- minated its labors. The award of $650,000 has been made, and all rights and titles of the com- pany on the territory of the United States have been extinguished. Deeds for the property of the company have been delivered. An appro- priation by Congress to meet this sum is asked. The commissionera for determining the north-, western land boundary between the United States and the British possessions, under the treaty of 1856, have completed their labors, and the commission has been dissolved. In conformity with the recommendation of Congress, a proposition was early made to the British government to abolish the mixed courts created under the treaty of April 7, 1862; for the suppression of the slave trade. The subject is still under negotiation. It having come to my knowledge that a cor- porate company, organized under British laws, proposed to land upon the shores of the United btates and to operate there a submarine cable, under a concession from his majesty the empe- ror of the French, of an exclusive right, for twenty years, of telegraphic communication be- tween the shores of France and the United States, MESSAGES AND PROCLAMATION, 537 with the very objectionable feature of Bubjecting all messages conveyed thereby to the scrutiny and control of the French government, I caused the French and British legations at Washington to be made acquainted with the probable policy of Congress on this subject, as foreshadowed by the bill which passed the Senate in March last. This drew from the representatives of the com- pany an agreement to accept, as the basis of their operations, the provisions of that bill, or of Buch otner enactment on the subject as might be passed during the approaching session of Con- gress; also, to use their influence to secure from the French government a modification of their concession, so as to permit tbe landing upon French soil of any cable belonging to any com- pany incorporated by the authority of the United States or of any State in the Union, and, on their part, not to oppose the establishment of any such cable. In consideration of this agree- ment, I directed the withdrawal of all opposition by the United States authorities to the landing of the cable, and to the working of it, until the meeting of Congress. I regret to say that there has been no modification made in the company's concession, nor, so far as I can learn, have they attempted to secure one. Their concession ex- cludes the capital and the citizens of the IFnited States from competition upon the shores of France. I recommend legislation to protect the rights of citizens of the Unijied States, as well as the dig- nity and sovereignty of the nation, against such an assumption I shall also endeavor to secure by negotiation an abandonment of the princi- ple of monopolies in ocean telegraphic cables. Copies of this correspondence are herewith fur- nished. The unsettled political condition of other coun- tries, less fortunate than our own, sometimes in- duces their citizens to come to the United States for the sole purpose of becoming naturalized. Having secured tliis, they return to thei'r native countrji' and reside there, without disclosing their change of allegiance. They accept ofBcial posi- tions of trust or honor, which can only be held by citizens of their native land; they journey under passports describing them as such citizens ; and it is only when civil discord, after perhaps years of quiet, threatens their persons or their property, or when their native State drafts them into its military service, that the fact of their change of allegiance is made known. They reside permanently away from the United States, they contribute nothing to its revenues, they avoid the duties of its citizenship, and they only make themselves known by a claim of protection. I have directed the, diplomatic and consular ofScers of the United States to scrutinize carefully all such claims for protection. The citizen of the United States, whether native or adopted, who discharges bis duty to his country, is entitled to its complete protection. While ihave a voice in the direction of affairs, I shall not consent to im- peril Shis sacred right by conferring it upon ficti- tious or fraudulent claimants On the accession of the present administration it was found that the minister for North Germany had made propositions for the negotiation of a convention for the protection of emigrant passen- gers, to which no response had been given. It was concluded that, to be effectual, all the mari- time powers engaged in the trade should join in such a measure. Invitations have been extended to the cabinets of London, Paris, Florence, Ber- lin, Brussels, The Hague, Copenhagen, and Stook- ; holm, to empower their representatives at Wash- j ington to simultaneously enter into negotiations, '■ and to conclude with the United States conven- tions identical in form, making uniform regula- tions as to the construction of the parts of vessels I to be devoted to the use of emigrant passengers, as to the quality and quantity of food, as to the ! medical treatment of the sick, and as to the rules I to be observed during the voyage, in order to I secure ventilation, to promote health, to prevent j intr,usion, and to protect the females, and provid- I ing for the establishment of tribunals in the sev- j oral countries for enforcing such regulations by 1 summary process. I Your attention is respectfully called to the law ; regulating the tariff on Eussian hemp, and to the ' question whether, to fix the Iharges on Russian : Kemp higher than they are fixed upon Manilla, is ; not a violation of our treaty with Russia, placing i her products upon the same footing with tnose of j the most favored nations. I Our manufactures are increasing with wonder- I ful rapidity under the encouragement which they ] now receive. With the improvements in 'ma- chinery already effected and still increasing, causing machinery to take the place of skilled labor to a large extent, our imports of many ai ti- des must fall off largely within a very few years. Fortunately, too, manufactures are not confined to a few localities, as formerly, and it is to be hoped will become more and more diffused, mak- ing the interest in them equal in all sections. They give employment and support to hundreds of thousands of people at home, and retainwith us the means which otherwise would bo shipped abroad. The extension of railroads in Europe and the East is bringing into competition with our agricultural products like products of other countries. Self-interest, if not self-preservation, therefore, dictates caution against disturbing any industrial interest of the country. It teaches us also the necessity of looking to other markets for. the sale of our surplus. Our neighbors south of us, and China andT Japan, should receive our special attention. It will be the endeavor of the administration to cultivate such relations with all these nations as to entitle us to their confi- dence, and make it their interest as well a.< ours to establish better commercial relations. Through the agency of a more enlightened policy than that heretofore pursued toward China, largely due to the sagacity and effor'ts of one of our own distinguished citizens, the world is about to commence largely-increased relations with that populous and nitherto exclusive nation. As the United States have been the initiators in this new policy, so they should be the. most earnest in showing their good faith in making it a suc- cess. In tills connection I advise such legislation as will forever preclude the enslavement of the Chinese upon our soil under the name of coolies, and also prevent American vessels from engag- ing in the transportation of coolies to any conn- 538 POLITICAL MAHTTAL. try tolerating the system. I also recommend that the mission to China be raised to one of the first class. On my assuming the responsible duties of Chief Magistrate of the United States, it was with the conviction that three things were essential to its peace, prosperity, and fullest development. First among these is strict integrity in fulfilling all our obligations. Second, to secure protection to the person and property of the citizen of the United States in each and every portion of our common country, wherever he may choose to move, without reference to original nationality, religion, color, or politics, demanding of him only obedience to the laws and proper respect for the rights of others. Third, union of all the States^ with equal rights — ^indestructible by any consti- tutional means. To secure the first of these. Congress has taken two essential steps: first, in declaring, by joint resolution, that the public debt shall be paid, principal and interest, in coin ; and, second, by providing the means for paying. Providing the means, however, could not secure the object de- sired, without a proper administration of the laws for the collection of the revenues, and an economical disbursement of them. To this sub- ject the administration has most earnestly ad- dressed itself, with results, I hope, satisfactory to the country. There has been no hesitation in changing officials in order to secure an efiicient execution of the laws, sometimes, too, when, in a mere party view, undesirable political results were likely to follow ; nor any hesitation in sus- taining efficient officials, against remonstrances wholly political. It may be well to mention here the embarrass- ment possible to arise from leaving on the statute- books the so-called " tenure-of-office acts," and to earnestly recommend their total repeal. It could not have been the intention of the framers of the Constitution, when providing that appoint- ments made by the President should receive the consent of the Senate, that the latter should have the power to retain in office persons placed there, by federal appointment, against the will of the President. The law is inconsistent with a faith- ful and efficient administration of the govern- ment. What faith can an executive put in offi- cials forced upon him, and those, too, whom he has suspended for reason ? How will such offi- cials be likely to serve an administration which they know does not trust them ? For the second requisite to our growth and prosperity, time and a firm but humane adminis- tration or existing laws (amended from time to time as they may prove ineffective, or prove harsh and unnecessary) are probably all that are re- quired. The third cannot be attained by special legis- lation, but must be regarded as fixed by the Constitution itself, and gradually acquiesced in by force of public opinion. From the foundation of the Government to the presents the management of the original in- habitants of this continent, the Indians, has been a subject of embarrassment and expense, and has been attended with continuous robberies, mur- ders, and wars. From my own experience upoii the frontiers and in Indian countries, I do not hold either legislation, or the conduct of the whites who come most in contact with the In- dian, blameless for these hostilities. The past, however, cannot be undone, and the question must be met as we now find it. I have attempteil a new policy toward these wards of the nation, - (they cannot be regarded in any other light than as wards,) with fair results so far as tried, and which I hope will be attended ultimately with freat success. The Society of Friends is well nown as having succeeded in living in peace with the Indians, in the early setflement of Pennsylvania, while their white neighbors of other sects, in other sections, were constantly embroiled. They are also known for their oppo- sition to all strife, violence, and war, and are generally noted for their strict integrity and fair dealings. These considerations induced me to give the management of a few reservations of Indians to them, and to throw the burden of the selection of agents upon the Society itself. The result has proven most satisfactory. It will be found more fully set forth in the report of the Commissioner of Indian Affairs. For superin- tendents and Indian agents not on the reserva- tions officers of the army were selected. The reasons .for this are numerous. Where Indian agents are sent, there, or near there, troops must be sent also. The agent and the commander of troops are independent of each other, and are subject to orders from different departments of the Government. The army officer holds a posi- tion for life ;-the agent one at the will of the President. The former is personally interested in living in harmony with the Indian, and in establishing a permanent peace, to the end that some portion of his life may be spent within the limits of civilized society. The latter has no such personal interest. Another reason is an economic one ; and still another, the hold which the Government has upon a life officer to secure a faithful discharge of duties in carrying out a given policy. The building of railroads, and the access thereby given to all the agricultural and mineral regions of the country, is rapidly bringing civil- ized settlements into contact with all the tribes of Indians. No matter what ought to be the relations between Such settlements and the abo- rigines, the fact is they do not harmonize well, and one or the other has to give way in the end. A system which looks to the extinction of a race is too horrible for a nation to adopt,, without entailing upon itself the wrath of all Christen-, dom, and engendering in the citizen a. disregard for human lift and the rights of others dangerous to society. I see no substitute for such a system, except in placing all the Indians on large reser- vations, as rapidly as it can be done, and giving them absolute protection there. As soon as they are fitted for it, they should be induced to take their lands in severalty, and to set up territorial governments for their own protection,- For full details on this subject I call your special atten- tion to the reports of the Secretary of the Inte- rior and the Commissioner of Indian Affairs. The report of the Secretary of War shows the ! expenditures of the War Department, for the MESSAGES AND PROCLAMATION. 539 year ending June 30, 1869, to be $80,644,042, of which $23,882,310 was disbursed in the payment of debts contracted during the war, and is not chargeable to current army expenses. His esti- mate of $34,531,031 for the expenses of the army, for tlie next fiscal year, is as low as it is believed can be relied on. The estimates of bureau officers have been carefully scrutinized, and reduced wherever it has been deemed practicable. If, however, the condition of the country should be such, by the beginning of the next fiscal year, as to admit of a greater concentration of troops, the "appropriation asked for will not be expended. The appropriations estimated for river and harbor improvements and for fortifications are submitted separately. Whatever amount Con- gress may deem proper to appropriate for these purposes will be expended. The recommendation of the General of the Army that appropriations be made for the forts at Boston, Portland, New York, Philadelphia, New Orleans, and San Francisco, if for no other, is concurred in. I also ask your special attention to the recomm^dation of the general command- ing the military division of tne Pacific for the sale of the fleal islands of St.-PauJ and. St. George, Alaska Territory, and suggest that it either be complied with, or that legislation be had for the protection of the seal fisheries, from which a rev- enue should be derived. The report of the Secretary of War contains a synopsis of the reports of the heads of bureaus, of the commanders of military divisions, and of the districts of Virginia, Mississippi, and Texas, and the report of the General of the Army in full. The recommendations therein contained have been well considered, and are submitted for your action. I, however, call special attention to the recommendation of "the Chief of Ordnance for the sale of arsenals and lands no longer of use to the Government ; also, to the' recommendation of the Secretary of War that the act of 3d March, 1869, prohibiting promotions and appointments in the staff corps of the army, be repealed. The extent of country to be garrisoned, and the number of military posts to be occupied, is the same with a reduced army as with a large one. The number of staff officers required is more dependent upon the latter than the former condition. The report of the Secretary of the Navy, accom- panying this, shows the condition of the navy when this administration came into office, and the changes made since. Strenuous efforts have been made to place as many vessels "in commis- sion," or' render them fit for service, if required, as possible, and to substitute the sail for steam while cruising, thus materially reducing the ex- penses of the navy and adding greatly to its efficiency. Looking to our futurei I recommend a liberal though not extravagant policy toward this branch of the public service The report of the Postmaster General furnishes a clear and comprehensive exhibit of the opera- tions of the postal service, and of the financial condition of the Post Office Department. The or- dinarv postal revenues for the year ending the 30th o'f June, 1869, amounted to $18,344,510, and the expenditures to $23,698,131, showing an ex- cess of expenditures over receipts of $5,353,620. The excess of expenditures over receipts for the previous year amounted to $6,437,992. The in- crease of revenues for 1869 over those of 1868 was $2,051,909, and the increase of expenditures was $967,538. The increased revenue in 1869 exceeded the increased revenue in 1868 by $996,- 336 ; and the increased expenditure in 1869 was $2,527,570 less than the increased expenditure in 1868, showing by comparison this gratifying fea- ture of improvement, that while the increase of expenditures over the increase of receipts in 1868 was $2,439,535, the increase of receipts over the increase of expenditures in 1869 was $1,084,371. Your attention is repeotfully called to the re- commendations made by the Postmaster General for authority to change the rate of compensation to the main trunk railroad lines for their ser- vices in carrying the mails, for having post- route maps executed, for reorganizing and in- creasing the efficiency of the special agency service, for increase of the mail service on the Pacific, and for estatRishing mail service, under the flag of the Union, on the Atlan- tic; and most especially do»I call your atten- tion to his recommendation for the total abo- lition, of the franking privilege. This is an abuse from which no one receives a commensu- rate advantage ; it reduces the receipts for postal service from twenty-five-'to thirty per cent., and largely increases the service to be performed. The method by which postage should be paid upon public matter is set forth fully in the report of the Postmaster General. ■ _ The report of the Secretary of the Interior shows that the quantity of public lands disposed of during the year ending the 30th of June, 1869, was 7,666,152 acres, exceeding that of the pre- ceding year by 1,010,409 acres. Of this amount 2,899,544 acres were sold for cash, and 2,737,365 acres entered under the homestead laws. The remainder was granted to aid in the construction of works of internal improvement, a^pproved to the States as swamp land, and located with war- rants and scrip. The casb receipts from all sources were $4,472,886, exceeding those of the preceding year $2,840,140. During the last fiscal year 23,196 names were added to the pension rolls and 4,876 dropped therefrom, leaving at its close 187,963. The amount paid to pensioners, incliiding the com- pensation of disbursing agents, was $28,422,884, an increase of $4,411,902 on that of the previous year. The munificence of Congress has been conspicuously manifested in its legislation for the soldiers and sailors who suffered in the recent struggle to maintain " that unity of gov- ernment which makes us one people." The ad- ditions to the pension rolls- of each sacoessive year since the conclusion of hostilities result in a great degree from the. repsatei amendments of the act of the 14th of July, 1862, which extended' its provisions to cases not falling within its origi- nal scope. The large outlay which is thus occa- sioned IS further increased by the more liberal allowance bestowed since that date upon those who, in the line of duty, were wholly or perma? nently disabled. Public opinion has given an emphatic sanction to these measures of Congresaj and it will be conceded that no part of our pub- lie burden is more cheerfully borne than thftt which is imposed by this branch of the service. 540 POLITICAL MANUAL. It necessitates for the next fiscal year, in addi- tion to the amount justly chargeatble to the naval pension fund, an appropriation of $30,000,000. Buring the year ending the 30th of September, 1869, the Patent Office issued 13,762 patents, and its receipts were $686,389, being $213,926 more than the expenditures. I would respectfully call your attention to the recommendation of the Secretary of the Interior for uniting the duties of supervising the educa- tion of freedmen with the other duties devolving upon the Commissioner of Education. If it is the desire of Congress to make the cen- sus which must be taken during the year 1870 more complete and perfect than heretofore, I would suggest early action upon any plan that may be agreed upon. As Congress at the last session appointed a committee to take into consid- eration such measures as might be deemed pro- fer in reference to the census, and report a plan, desist from saying more. I recommend to your favorable consideration the claims of the Agricultural Bureau for liberal appropriations. In a country so diversified in climate and soil as ours, and with a population so largely dependent upon agriculture, the ben- efits that can be conferred by properly fostering this bureau are incalculable. I desire respectfully to call the attention of Congress to the inadequate salaries of a number of the most important office? of the Government. In this message I will not enumerate them, but will specify only the justices of the Supreme Court. No change has been made in their sala- ries for fifteen years. Within that time the labors of the court have largely increased, and the ex- penses of living have at least doubled. During the same time Congress has twice found it neces- sary to increase largely the compensation of its own members ; ana the duty which it owes to another department of the Government deserves, and will undoubtedly receive, its due considera- tion. There are many subjects, not alluded to in this message, which might with propriety be intro- duced, but I abstain, believing that your patriot- ism and statesmanship will suggest the topics and the legislation most conducive to the inter- ests of the whole people. On my part, I promise a rigid adherence to the laws and their strict en- forcement. U. S. Gbant. Executive Mansioit, Washington, D. C, December 6, 1869. SPECIAL MESSAGES. Becommeuding early Action toward an Increase of the Commerce of the TTnited States. To the Senate and House of Bepresentatives : In the executive message of December 6, 1869, to Congress, the importance of taking steps to revive our drooping merchant marine was urged, and a special message promised at a future day, during the present session, recommending more specifically plans to accomplish this result. Now that the committee of' the House of Representa- tives intrusted with the labor of ascertaining "the cause of the decline of American commerce has completed its work and submitted its report to the legislative branch of the Government, I deem this a fitting time to execute that prom- ise. The very able, calm, and exhaustive report of the committee points out the grave wrongs which' have produced the decline in our commerce. It is a national humiliation that we are now com- pelled to pay from twenty to thirty millions of dollars annually (exclusive of passage-money', which we should share with vessels of other na- tions) to foreigners for doing the work which should be done by American vessels, American- built, American-owned, and American-manned." This is a direct drain upon the resources of the country of just so much money, equal to casting it into the sea, so far as this nation is concerned. A nation mf the vast and ever-increasing inte- rior resources of the United States, extending, as ■ it does, from one to the other of the great oceans of the world, with an industrious, intelli- gent, energetic population, must one day possess its full share of the commerce of these oceans, no matter what the cost. Delay will only increase this cost and enhance the difficulty of attaining the result, i therefore put in an earnest plea for early action in tliis matter, in a way to secure the desired increase of American commerce. The advanced period of the year, and the fact that no contracts for ship-building will probably be en- tered into until this question is settled by Con- fress, and the further fact that, if there should e much delay, all large vessels contracted for this year will fail of completion before winter' sets in, and will therefore be carried over for another year, induces me to request your early consideration of this subject. I regard it of such grave importance, affecting every interest of the country to so great an extent, that any method^ which will gain the end will secure a great na- tional blessing. Building ships and navigating them utilizes vast capital at home; it employs thousands of workmen in their construction and manning ; it creates a home market for the pro- ducts of the farm and the shop ; it diminishes the balance of trade against us precisely to the extent of freights and passage-money paid to American vessels, and gives us a supremacy upon the seas of inestimable value in case of foreign wa,r. Our navy, at the commencement of the late war, consisted of less than one hundred vessels, of about one hundred and fifty thousand tons, and a force of about eight thousand men. We drew from the merchant marine, which had cost the Government nothing, but which had been a source of national wealth, six hundred vessels, exceeding one million tons, and about seventy thousand men to aid in the suppression of the rebellion. This statement demonstrates the value of the merchant marine as a means of national defense* in time of need. ' ' The committee on the causes of the reduction of American tonnage, after tracing the causes of its decline, submit two bills which, if adopted,:, they believe will restore to the nation its mari- ' time power. Their report shows with great' minuteness the actual and comparative American ' tonnage at the time of its greatest prosperity; the actual and comparative decline since, together with the causes, and exhibits all other statistics of- MESSAGES AKD PROCLAMATION. 541 material interest in reference to the subject. As the report is before Congress, I will not recapitu- late any of its statistics, but refer only to the methods recommended by the committee to give back to us our lost commerce. As a general rule, when it can be adopted, I believe a direct money subsidy is less liable to abuse than an indirect aid given to the same en- terprise. In this case, however, my opinion is that subsidies, while they may be given to speci- fied lines of steamers or other vessels, should not be exclusively adopted ; but, in addition to sub- sidizing very desirable lines of ocean traffic, a general assistance should be given in an effective way. I therefore commend to your favorable consideration the two bills proposedjjy the com- mittee and referred to in this message. U. S. Geant. Executive Mahsioh, March 23, 1870. Urging the Batification of the Treaty with San Domingo- To the Senate of the United States : I transmit to the Senate for consideration, with a view to its ratification, an additional article to the treaty of the 29th of November last for the annexation of the Dominican republic to the United States, stipulating for au extension of the time for exchanging the ratifications thereof, signed in this city on the 14th instant, by the plenipotentiaries of the parties. It was my intention to have also negotiated with the pleni- potentiary of San Domingo, amendments to the treaty of annexation to obviate objections which may be urged against the treaty as it is now worded; but, on reflection, I deem it better to submit to the Senate the propriety of their amending the treaty as follows : First, to specify that the obligations of this Government shall not exceed the $1,500,000 stipulated in the treaty ; secondly, to determine the manner of appointing the agents to receive and disburse the same; thirdly, to determine the class of creditors who shall take precedence in the settlement of their claims ; and, finally, to insert such amendments as may suggest themselves to the minds of Sena- tors to carry out in good faith the conditions of the treaty submitted to the Senate of the United States in January last, according to the spirit and intent of that treaty. From the most relia- ble information I can obtain the sum specified in the treaty will pay- every just claim against the republic of San Domingo, and leave a bal- ance sufficient to carry on a territorial govern- ment until such time as new laws for providing a territorial revenue can be enacted and put in force. , I feel an unusual anxiety for the ratification of this treaty, because I believe it will redound greatly to the glory pi the two countries inter- ested, to civilization, and to the extirpation of the institution of slavery. The doctrine promul- fated by President Monroe has been adhered to y all political parties, and I now deem it proper to assert the equally important principle, that hereafter no territory on this continent shall be regarded as subject to transfer to a European Power. The government of San Domingo has voluntarily sought this annexation. It is a weak power, numbering probably less than one hundred and twenty mousancl souls, and yet possessing one of the richest territories under the sun, capable of supporting a population of ten million of people in luxury. The people of San Domingo are not capable of maintaining them- selves m their present condition, and must look for outside support. They yearn for the protec- tion of our free institutions and laws, our prog- ress, and civilization. Shall we refuse them? I have information, which I believe reliable, that a European power stands ready now to offer $2,000,000 for the possession of Samana bay alone if refused by us. With what grace can we prevent a foreign power from attempting to se- cure the prize ? The acquisition of San Domingo is desirable because of its geographical position. It commands the entrance to the Caribbean sea and the isthmus transit of commerce. It possesses the richest soil, best and most capacious harbors, most salubrious climate, and the most valuable products of the forest, mine, and soil, of any of the West India islands. Its possession by us -#111, in a few years, .build up a coastwise commerce of immense mag- nitude, which will go far toward restoring to us our lost merchant marine. It will give to us those articles which we consume so largely and do not f reduce, thus equalizing our exports and imports, n case of foreign war it will give us command of all the islands referred to, and thus prevent an enemy from ever again possessing himself of a rendezvous upon our very coast. At present our coast 'trade between the States bordering on the Atlantic and those bordering on the Gulf of Mex- ico is cut in two by the Bahamas and the Antil- les. Since we must, as it were, pass through for- eign countries to get by sea from Georgia to the west coastof Florida, San Domingo, with a stable government, under which her immense resources can be developed, will give remunerative wages to tens of thousands of laborers not now upon the island. This labor will take advantage of every available means of transportation to aban- don the adjacent islands and seek the blessings of freedom and its sequence, each inhabitant re- ceiving the reward of his own labor. Porto Eico and Cuba will have to abolish slavery as a meas- ure of self-preservation to retain their laborers. San Domingo will become a large consumer of the products of northern farms and manufacto- ries. The cheap rate at which her citizens can be furnished with food, tools, and machinery, will make it necessary that the contiguous islands should have the same advantages in order to com- pete in the production of sugar, coffee, tobacco, tropical fruits, &c. This will open to us a still wider market for our products. The production of our own supply of these articles will cut off more than $100,000,000 of our annual imports,, besides largely increasing our exports. With such a picture it is easy to see how our large debt abroad is ultimately to be extinguished. With a balance of trade against us, including interest on bonds held by foreigners, and money spent by our citizens traveling, in foreign lands equal to the entire yield of the precious metals in this country, it is not so easy to see how this result is to be otherwise accomplished. The acquisition of San Domingo is an adher- ence to the Monroe doctrine. It is a measure of 542 POLITICAL MANUAL. national protection ; it is asserting our just claim to a controlling influence over the great commer- cial traffic soon to flow from east to west by way of the Isthmus of Darien ; it is to build up our merchant marine ; it is to furnish new markets for the products of our farms, shops, and manufac- tories; it is to make slavery insupportable in Cuba and Porto Rico at once, and ultimately so in Brazil ; it is to settle the unhappy condition of Cuba and end an exterminating conflict; it is to provide honest means of paying our honest debts without overtaxing the people ; if is to furnish our citizens with the necessaries of every-day life at cheaper rates than ever before, and it is, in fine, a rapid stride toward that greatness which the intelligence, industry, and enterprise of the citizens of the United States entitle this country to assume among nations. U. S. Gbaki. Executive Mansion, May 31, 1870. Bespecting Cuban Affairs. To the Senate and House of Representatives: In my annual message to Congress at the be- ginning of its present session I referred to the contest which had then for more than a year existed in the island of Cuba, between a portion of its inhabitants and the government of Spain, and to the feelings and sympathies of the people and Government of the United States for the people of Cuba, as for all people struggling for liberty and self-government, and said "that the contest has at no time assumed the conditions which-amount to war in the sense of international law, or which would show the existence of a de facto political organization of the insurgents sufficient to justify a recognition of belligerency." During the six months wliioh have passed since the date of that message the condition of the in- surgents has not improved, and the insurrection itself, though not subdued, exhibits no signs of advance, but seems to be confined to an irregular system of hostilities, carried on by small and illy-armed bands of men roaming without con- centration through the woods and the sparsely- populate,d regions of the island, attacking from ambush convoys and small bands of troops, burn- ing plantations, and the estates of those not sympathizing with their cause. But, if the in- surrection has not gained ground, it is equally true that Spain has not suppressed it. Climate, disease, and the occasional bullet have worked destruction among the soldiers of Spain, and although the Spanish authorities have possession of every seaport and every town on the island, they have not been able to subdue the hostile I feeling which has driven a considerable number of the native inhabitants of the island to armed • resistance against Spain, and still leads them to endure the dangers and privations of a roaming life of guerrilla warfare. On either side the contest has been conducted and is still carried on with a lamentable disre- gard of human life and of the usages and prac- tices which modern civilization has prescribed in mitigation of the necessary horrors of war. The torch of Spaniard and Cuban is alike busy in car- rying devastation over fertile regions ; murderous and revengeful decrees are issued and executed by both parties. Count Valmaseda and Colonel Boet, on the part of Spain, have each startled humanity and arouspd the indignation of the civilized world by the execution, each, of a score of prisoners at a time, while General Quesada, the Cuban chief, coolly, and with apparent un- consciousness of aught else than a proper act, has admitted the slaughter by his own deliberate order, in one day, of upward of six hundred and fifty prisoners of war. A summary trial, with few if any escapes from conviction, followed by immediate execution, is the fate of those arrested on either side on suspicion of infidelity to the cause of the party making the arrest. Whatever may be the sympathies of the peo- ple or of the Government of the United States for the cause or^bbjects for which a part of the peo- ple of Cuba are understood to have put them- selves in armed resistance to the Government of Spain, there can be no just sympathy in a con- flict carried on by both parties ali\e. in'such bar- barous violation of the rules of civilized nations, and with such continued outrage upon the plain'- est principles of humanity. We cannot discriminate, in our censure of their mode of conducting their contest, between the Spaniards and the Cubans. Each commit the same atrocities and outrage alike the established rules of war. The properties of many of our citizens have been destroyed or embargoed, the lives of seve- ral have been sacrificed, and the liberty of others has been restrained. In every case that has come to the knowledge of the Government an early and earnest demand for reparation and in- demnity has been made ; and most emphatic re- monstrance has been presented against the man- ner in which the strift is conducted, and against the reckless disregard of human life, the wanton destruction of material wealth, and the cruel dis- regard of the established rules of civilized war- fare. I have, since the beginning of the present session of Congress, communicated to the House of Representatives, upon their request, an account of the steps which I had taken in the hope of bringing this sad conflict to an end, and of secur- ing to the people of Cuba the blessings and the right of independent self-government. The efforts thus made failed, but not without an assurance from Spain that the good offices of this Govern- ment might still avail for the objects to which they had been addressed. During the whole contest the remarkable ex- hibition has been made of large numbers of Cubans escaping from the island and avoiding the risks of war, congregating in this, country, at a safe distance from the scene of danger, and endeavoring to make war from our shores, to urge our people into the fight which they avoid, and to embroil this Government in complications and possible hostilities with Spain. It can scarce be doubted that this last result is the real object of these parties, although carefully covered under the deceptive and apparently plausible demand for a mere recognition of belligerency. It is stated, on what I have reason to regard as good authority, that Cuban bonds have been prepared, to a large amount, whose payment is made dependent upon the recognition by the United States of either Cuban belligerency or independence. The obj ect of making their value MESSAGES AND PROCLAMATION. 543 thus contingent upon the action of this Govern- ment is a subject for serious reflection. In determining the course to be adopted on the demand thus made for a recognition of belliger- ency, the liberal and peaceful principles adopted by the Father of his Country and the eminent statesmen of his day, and followed by succeeding chief magistrates and the men of their day, may furnish a safe guide to those of us now charged ■with the direction and control of the public safety. From 1789 to 1815 the dominant thought of our statesmen was to keep the United States out of the wars which were devastating Europe. The discussion of measures of neutrality begins with the State papers of Mr. Jefferson, when Secretary of State. He shows tftat they are measures of national right as well as of national duty; that misguided individual citizens cannot be tolerated, in making war according to their own caprioe,,i(assions, interests, or foreign sym- pathies; fhatShe, agents of foreign governments, recognized or tmreoognized, cannot oe permitted to abuse our hospitality by usurping the func- tions of enlisting or equipping military or naval forces within oq.? territory. Washington Inaugurated the policy of neu- trality and of absolute abstinence from all for- eign entangling alliances, which resulted, in 1794, in the first municipal enactment for the observance of neutrality. The duty of opposition to fiUihustering has been admitted by every President. Washington en- countered the efforts of Genet and the French revolutionists; John Adams the projects of Mi- randa; Jefferson the schemes of Aaron Burr; Madison and subsequent Presidents had to deal with the question of foreign enlistment or equip- ment in the United States, and since the days of John Quinoy Adams it has been one of the con- stant cares of government in the United States to prevent piratical expeditions against the feeble Spanish-American republics from leaving our sEcres. In no country are men wanting for any enterprise that holds out promise of awenture or of gain. In the early days of our national existence the whole continent of America (outside of the limits of the United States) and all 'its islands, were in colonial dependence apon'European powters. The revolutions whiehiB^?^ 1810, spread almost si- multaneously througfi'all the Spanish- American continental colonies, resulted in the establishment of new States, like ourselves, of European origin-, and interested in excluding European politics and the questions of dynasty and of balances of power from further influence in the New World. The American policy of neutrality, important before, became doubly so from the fact that it be- came applicable to the new republics as well as to the mother country. It then devolved upon us to determine the great international question, at what time and under what circumstances to recognize a new power as entitled to a place among the family of nations, as well as the preliminary question of the atti- tude to be observed by this Government toward the insurrectionary party pending the. contest. Mr. Monroe concisely expressed the rule which has controlled the action of this Government with reference to revolting colonies, pending their struggle, by saying: "As soon as the movement assumed such a steady and constant form as to make the success of the provinces probable, the rights to which they were entitled by the laws of nations, as equal parties to a civil war, were ex- tended to them." The strict adherence to this rule of public policy has been one of the highest honors of American .statesmanship, and has secured to this Government the confidence of the feeble powers on this continent, which induces them to rely upon its friendship and absence of designs of conquest, and to look to the United States foi example and moral protection. It has given to this Government a position of prominence and of influence which it should not abdicate, but which imposes upon it the most delicate duties of right and of honor regarding American ques- tions, whether those questions affect emancipated colonies or colonies still subject to European do- minion. The question of belligerenqjy is one of fact, not to be^ decided by sympathy for or prejudice against either party. The relations between the parent State and the insurgents must amount, in fact, to war in the sense of international law. Fighting, though fierce and protracted, does not alone constitute war; there must be military forces acting in accordance with the rules and customs of war, flags of truce, cartels, exchange of prisoners, &o., &.O. ; and to justify a recognition of belligerency there must be, aoove all, a de facto political organization of the insurgents sufficient in character and resources to coristitute it, if left to itself, a State among nations capa- ble of discharging the duties of a State, and of meeting the just responsibilities it may incur as such toward other powers in the discharge of its national duties. Applying the best information which I have been enabled to gather, whether from official or unofficial sources, including the very exaggerated statements which each party gives to all that may prejudice the opposite or give credit to its own side of the question, I am unable to see in the present condition of the contest in Cuba those elements which are requisite to constitute war in the sense of international law. The insurgents hold no town or city ; have no established seat of government; they have no prize courts ; no organization for the receiving or collecting of revenue ; no seaport to which a prize 'inay be carried. Of ' thwDugh which access can be had by a' foreign .power .to the linjited interior territory and moimta.ih fastnesses which they oc- cupy. The existence of a legislature Representing , any popular constituency is more than doubtfiu. In the uncertainty that hangs around the en- tire insurrection,, there is no palpable evidence of an election of any delegated authority, or of any government outside the limits of the camps occu- pied from day to day by the roving companies of insurgent troops. There is no commerce, no trade, either internal or foreign, no manufactures. The late commander-in-chief of the insurgents, having recently come to the United States, pub- licly declared that "all commercial intercourse or trade with the exterior world has been utterly cut off," and he further added, "to-day we have not ten thousand arms in Cuba." 544 POLITICAL MANUAL. It is a well-established principle of public law that a recognition by a fbreign State of bellig- erent rights to insurgents under circumstances such aa now exist in Cuba, if not justified by necessity, is a gratuitous demonstration of moral support to the rebellion. Such necessity may yet hereafter arrive ; but it has not yet arrived, nor is its probability clearly to be seen. If it be war between Spain and Cuba, and be so recognized, it is our djity to provide for the consequences which may ensue in the embarrass- ment to our commerce and the interference with our revenue. If belligerency be recognized, the commercial marine of the United States becomes liable to search and to seizure by the commissioned cruis- ers of both parties. They become subject to the adjudication of prize courts. Our large coastwise trade between the Atlantic and the Gulf States, and between both and the Isthmus of Panama and the States of South America, (engaging the larger parts of our com- mercial marine,) passes, of necessity, almost in sight of the Island of Cuba. Under the treaty with Spain of 1795, as well as by the law of na- tions, our vessels will be liable to visit on the high seas. In case of belligerency, the carrying of contra- band, which now is lawful, becomes liable to the risks of seizure and condemnation. The parent government becomes relieved from responsibility for acts done in the insurgent territory, and ac- quires the right to exercise against neutral com- merce all the powers of a party to a maritime war. To what consequences the exercise of those powers may lead is a question which I desire to commend to the serious consideration of Congress. In view of the gravity of this question, I have deemed it my duty to invite the attention of the war-mak- ing power of the country to all the relations and bearings of the question in connection with the declaration of neutrality and granting of bellig- erent rights. There is not a de facto government in the Island of Cuba sufficient to execute law and maintain iust relations with other nations. Spain has not Deen able to suppress the opposition to Spanish rule on the island, nor to award speedy justice to other nations, or citizens of other nations, when their rights have been invaded. There are serious complications growing out of the seizure of American vessels upon the high seas, executing American citizens without proper trial, and confiscating or embargoing the prop- erty of American citizens. Solemn protests nave been made against every infraction of the rights either of individual citizens of the United States or the rights of our flag upon the high ). seas, and all proper steps have been taken and are being pressed for the proper reparation of every indignity complained of. The question of belligerency, however, which is to be decided upon definite principles and ac- cording to ascertained facts, is entirely different from »nd unconnected with the other questions of the manner in which the strife is carried on on both sides and the treatment of our citizens entitled to our protection. . The questions concern our own dignity and responsibility, and they have been made, as I have said, the subjects of repeated communica- tions with Spain, and of protests and demands for redress on our part. It is hoped that these will not be disregarded ; but should they be, these questions will be made the subject of a further communication to Congress. » U. S. Gbast. Executive Maitsioit, June 13, 1870. FBOCLAICATIOi; President Grant's Proclamation again,st the S'enian Invasion of Canads, issued Hay 34, 1870. Vy'hereas it has come to my knowledge that sundry illegal military enterprises and expedi- tions are being set on foot within the territory and jurisdiction of the United States, with a view to carry on the same from such territory or jurisdiction against the people and district of the Dominion of Canada, within the dominions of her majesty the Queen of the United Kingdom of Great Britain and Ireland, with whom the United States are at peace : Now, therefore, I, Ulysses S. Grant, President of the United States, do hereby admonish all good citizens of the United States, and all per- sons within the territory and jurisdiction of the United States, against aiding, countenancing, abetting, or taking part in such unlawful pro- ceedings ; and I do hereby warn all persons that, by committing such illegal acts, they will forfeit all right to the protection of this Government, or to its interference in their behalf to rescue them from the consequences of their own acts; and I do hereby enjoin all officers in the service of the United States to employ all their lawful author- ity and power to prevent and defeat the afore- said unlawful proceedings, and to arrest and bring to justice all persons who may be engaged therein. In testimony whereof I have hereunto set my liand and caused the seal of the United States to be affixed. Done at the city of Washington, this 24th day of May, in the year of our Lord 1870, and [seal.] of the independence of the United States the ninety -fourth. U. S. Gbaht. By the President: Hamilton Fish, Secretary of State. LIIl. XVTH AMENDMENT, VOTES ON RATIFICATION, PROCLAMATION OF RATIFICATION, BILLS ENFORCING AND VOTES THEREON. Special Hessage of President Grant on Batiflca- tion of tbe ZTth Amendment. To the Senate and Souse of Representatives : It is unusual to notify the two houeee of Congress, by message, of the promulgation, by proclamation of the Secretary of State, of the ratification of a constitutional amendment. In view, however, of the vast importance of the XVth Amendment to the Constitution, this day declared a part of that revered instrnment, I deem a departure from the usual custom justifi- able. A measure which makes at once four millionSjof people voters, who were heretofore declaTS4- by the highest tribunal in the land not citizens of me United States, nor eligible to be- come so, (witti the assertion that, "at the time of the Declaration of Independence, the opinion was fixed and universal in the -civilized portion of the white race, regarded as an axiom in morals as well as in politics, that black men had no rights which the white man was bound to re- spect,") is indeed a measure ofarander importance than any other one act of the kind from the foundation of our free government to the present Institutions like ours, in which all power is derived directly from the people, must depend mainly upon their intelligence, patriotism, and industry. I call the attention, therefore, of the newly-enfranchised race to the importance of their striving in every honorable manner to make themselves worthy of their new privilege. To the race more favored heretofore by our laws I would say, withhold no legal privilege of advancement to the new citizen.' The framers of our Constitu- tion firmly believed that a republican govern- ment could not endure without intelligence and education generally diffused among the people. The " Father of his Country," in his farewell ad- dress, uses this language: "Promote, then, as a matter of primary importance, institutions for the general diffusion j)f knowledge. In propor- tion as the structure of the Government gives force to public opinion, jt is essential that public opinion should be enlightened." In his first annual message to Congress the same views are forcibly presented, and are again -urged in his eighth message. I repeat that the adoption of the XVth Amend- ment to the Constitution completes the greatest civil change and constitutes the most important event that has occurred since the nation came into life. The change will be beneficial in pro- portion to the heed that is given to the urgent recommendations of Washington. If these re- commendations were important then, with a popu- lation of but a few millions, how much more im- 35 portant now, with a population of forty millions, and increasing in a rapid ratio. I would therefore call upon Congress to take all the means within their constitutional powers to promote and encourage popular education throughout the country; ana upon the people everywhere to see to it that all who possess and exercise political rights shall have the opportu- nity to acquire the knowledge which will make their share in the government a blessing and not a danger. By such means only can the benefits contemplated by this amendment to the Consti- tution be secured. U. S. Geaht. Executive Mansion, March 30, 1870. Certifloate of Ur. Secretary Fish respecting the Batification of tlie XVth Amendment to the Constitution, March 30, 1870. HAMILTOK FISH, SEOBETAKT OF STATE OF THE UNITED STATES. 2fe aU to whom these presents may come, greeting: Know ye that the Congress of the United States, oil or about the 27th day of February, in the year 1869, passed a resolution in the words and figures following, to wit: A Eesoluiion proposing an amendment to the Constitution of the United States. Resolved bythe Senate and House of Represent- atives of the United States of America in Congress assembled, (Iwo-thirds of both houses eoncurrini,) That the following article be proposed to the legislatures of the several States as an amend- ment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part of the Consti- tution, namely; Aetiole XV. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Sec. 2. The Congress shall have power to en- force this article by appropriate legislation. And, further, that it appears, from official doc- uments on file in this department, that the amend- ment to the Constitution of the United States, proposed as aforesaid, has been ratified by the legislatures of the States of North Carolina, West Virginia, Massachusetts, Wisconsin, Maine, Louis- iana, Michigan, Sout^ Carolina, Pennsylvania, Arkansas, Connecticut, Florida, Illinois, Indiana, New York, New Hampshire, Nevada, Vermont, Virginia, Alabama, Missouri, Mississippi, Ohio, Iowa, Kansas, Minnesota, Ehode Island, Ne- braska, and Texas ; in all, twenty-nine States. And, further, that the States whose legislatniea 545 546 POLITICAL MANUAL. -have so ratified the said proposed amendment constitute three-fourths of the whole number of States in the United States. And, further, that it appears, from an official document on file in this department, that the legislature of the State of New York has since passed resolutions claiming to withdraw the said ratification of the said amendment which had been made by the legislature of that State, and of which official notice had been filed in this department. And, further, that it appears, from an official document on file in this department, that the legislature of Georgia has by resolution ratified the said proposed amendment. : Now, therefore^ be it known that I, Hamilton Fish, Secretary of State of the United States,, by wtne and in pursuance of the 2d section of the act of Congress, approved the 20th day of April, 1*18, entitled "An act to provide for the publication of the laws qf the Unri}ed States, and for other purposes," do hereby certify, that tha amendment Moresaid has. become valid, to all intents and piirposes, as part of the Constitution of the United States. ■ In testimony whereof I have hereunto set my hand and caused the seal of tha Department &i ^ate to be affixed. i)one at the city of Washington, this 30th day of March, in the year of our Lord 1870, [seal.] and of the independence of the United States the ninety-fourth. Hamiitok Pisb. Enforcement of the fonrteentli and Fifteenth Amendments. Ah" Act to enforce the right of citizens of the United States to vote in the several States of this Union, and for other purposes. Se it enacted, &c.. That all citizens of the United States who are or shall be otherwise quali- fied by law to vote at any election by the people an any State, Terrritory, district, county, city, ■parish,, township, schooldistrict, municipality, or loiher territorialsubdivision, aball be entitled and- ;aUowed to vote at all such elections without dis- •fimction of race; color, or previous condition of servitude ; any constitution, law, custom, usage, ■or .Tegulation of any StaAe or Territory, or by or under its authority, to the contrary notwith- iStanding. ^SiECi. 2. That if by or under the authority of the. coos titution or laws of any State, or the laws ■of .any Territory, any act is or shall be required to beidone as a prerequisite or qualification for voting, and by such constitution or laws persons .or. officers are or shall be charged with the per- Iprmanee of duties in furnishing to citizens an •opportunity to perform such prerequisite,, or to 'become iqualified to vote, it shall be the duty of .every such person and officer to give to all citi- ■zens of the United States the earn* and equal .opportunity to perform such prerequisite, and to ^become. qualified to vote, without distinction of xace, color,. cor previous condition of servitude; ^iid if an.y such person or officer shall refuse or Tsnowinglyamit to give full effect to this section, lie shall, for every such offense, forfeit and pay .the sum,Qf-.$5iD.0 .to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allowance for counsel fees aa the court shall deem just, and shall also, for every such offense, be deemed guilty of a misde^ meaner, and shall, on conviction thereof, be fined not less than $500, or be imprisoned not less than one month and not more than one year, or bcth, at the discretion of the court. Sec. 3. That whenever, by or under the au- thority of the constitution or laws of any State, or the laws of any Territory, an act is or shall be required to be done by any citizen as aprerequisite to qualify or entitle him to vote, the offer of any such citizen to perform the act required to be doiie as aforesaid shall, if it fail to be carried into exe- cution by reason of the wrongful act or omission aforesaid of the person or officer charged with the duty of receiving or permitting such performance' or offer tp perform or acting thereon, be deemed and held, as a performance in law of such act ; and the person so offering and failing as aforesaid, and being, otherwise qualified, shall be entitled to vote in the same manner and to the same extent as if he had in factperformed such act ; and any judge, inspector, or other officer of election whose diify it is or shall be to receive, count, certify, register, report, or give effect to the vote of any such citi- zen who shall wrongfully refuse or omit to receive, count, certify .register, report, or give effect to the VG.te of such citizen, upon the presentation by him of his affidavit stating such offer and the time and place thereof, and the name of theofficer or per- son whose duty it was to act thereon, and that he. was wrongfully prevented by such person or officer from performing such act, shall for every such offense forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allow- ance for counsel fees as the court shall deem justj and shall also for every such offense be guilty of a misdemeanor, and shall, on conviction thereof^, be fined not less than $500', or be imprisoned not less than one month and not more than one year, or both, at the discretion of the court. Sec. 4, That if any person, by force, bribery, threats,' intimidation, or other unlawful means, shall hinder, delay, prevent, or obstruct, or shall combine and confederate with others to hinder, delay, prevent, or obstruct, any citizen from doing any act required to be done to qualify him to vote or from voting at any election as aforesaid, such person shall ifor every such offense forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allowance for counsel fees as the court shall deem just, and shall also for every such offense be guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than five hundred dollars, or be imprisoned not less than one month and not more than one year, or both, at the discretion of the court. Seo. 5. That if any person shall prevent, hin- der, control, or intimidate, or shall attempt to prevent, hinder, control, or intimidate, any per- son from exercising or in exercising the right- of suffrage, to whom the rirfit of suffrage is secured or .guarantied by the XVth Amendment to the Constitution of the United States, by means of bribery, threats, or threats of depriving such person of employment or occupation, or of eject- xvth amendment. 647 ihg such person from rented house, lands, or other property, or by threats of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, such person so offending shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than five hundred dollars, or be imprisoned not less than one month and not more than one year, or both, at the discretion of the court. Sec. 6.. That if two or more persons shall band or conspire together, or go in disguise upon the public highway, or upon the premises of another, with intent to violate any provision of this act, or to injure, oppress, threaten, or intimidate any citizen with intfent to prevent or hinder his free exercise and enjoyment of any right or privilege f ranted or secured to him by the Constitution , r laws of the United States, or because of his having exercised the same, such persons shall be held guilty of felony, and, on conviction thereof, ^hall oe fined or imprisoned, or both, at the dis- cretion of the court, the fine not to exceed $5,000, and the imprisonmeiit not to exceed ten years, and shall, moreover, be thereafter ineligible to, and disabled from holding, any office or place of honor, profit, or tj-nst created by the Constitu- tion or laws of the United States. Seq. 7. That if, in the act of violating any pro- Vision in eifher of the two preceding sections, any other felony, crime, or misdemeanor shall be committed, the offen'der,, on conviction of such violation of said sections, shall be punished for the same with such punishments as are attached to the said felonies, crimes, and misdemeanors by the laws of the State in which the offense may be committed. Seo. 8. That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses com- mitted against the provisions of this act, a.nd also, concurrently with the circuit courts of the United States, of all caiises, civil and criminal, arising under this act, except as herein otherwise provided, and the jurisdiction hereby conferred shall be exercised in conformity with the laws and practice governing United States courts; and all crimes and offenses committed against the provisions of this act may be prosecuted by the indictment of a grand jury, or, in oases of crimes and offenses not infamous, the prosecu- tion may be either by indictment or information filed by the district 'attorney in a court having jurisdiction. Sec. 9. That the district attorneys, marshals, and deputy marshals of the United States, the commissiorCBrs appointed by the circuit and ter- ritorial courts of .the United States, with powers of arresting, ifuprispning, or bailing offenders against the laws' of the United States, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and required, at the expense of the United States, to institute proceedings against all and every per- son who shall violate the provisions of this act, a,nd cause him or them to be arrested and im- EWsoned, or bailed, as the case may be, for trial efore such court of the United States or terri- torial court as has cognizance of the offense. And with a view to afford reasonable protection to all persons in their constitutional right to vote, without distinction of race, color, or pre^ ▼ions condition of servitude, and to the prompt discharge o£ the duties of this act, it shall be the duty of the circuit courts of the United States, and the superior courts of the Territories of the United States, from time to time, to increase the number of commissioners, sp as to afford a speedy and convenient means for the arrest and exam- ination of persons charged with a violation of this act; and such commissioners are .hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and .the same duties with regard to offenses created by this act as they are author- ized by law to exercise with regard to other offenses against the laws of the United States. Seo. 10. That it shall be the duty of all mar- shals and deputy marshals to obey and execute all warrants and precepts issued under the pro- visions of this act, when t* them directed ; and should any marshal or deputy marshal refuse to receive such warrant or other process when ten- dered, or to use all proper means diligently to execute the same, he shau, pn conviction thereof, be fined in the sum of $1,000, to the use of the person deprived of the rights conferred by this act. And the better to enable the said commis- sioners to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby authorized and empow- ered, within their districts respectively, to ap- point in writing, under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties, and the peraons so appointed to execute any warrant or process as aforesaid shall have authority to summon and call to their aid the bystanders or posse comita- tus of the proper county, or such portion of the land or naval forces of^ the United States, or of the militia, as may be necessary to the perform- ance of the duty with which they are charged, and to insure a faithful observance of the X Vth amendment to the Constitution of the United States ; ' and such warrants shall run and be exe- cuted by said officers anywhere in the State or Territory within which they are issued. Seo. 11. That any person who shall know- ingly and willfully obstruct, hinder, or prevent any officer or other person charged with the ex- ecution of any warrant or process issued under the provisions of this act, or any person or per- sons lawfully assisting him or them from arrest- ing any person for whose apprehension such warrant or process may have been issued, or shall rescue, or attempt to rescue, such person from the custody of the officer or other person or persons, or tjaose lawfully assisting as afore- said, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist any person so arrested as aforesaid, di- rectly or indirectly, to escape from the custody of the officer or other person legally authorized as aforesaid, or shall harbor or conceal any per- son for whose arrest a warrant or process shall have been issued as aforesaid, so as to prevent 548 POLITICAL MANUAL. his discovery, and arrest after notice or knowl- edge of the fact that a warrant has been issued for the apprehension of such person, shall, for either of said offenses, be subject to a fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both, at the discre- tion of the court, on conviction before the dis- trict or circuit court of the United States for the district or circuit in which said offense may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United Seo. 12. That the eommiscioners, district attor- neys, the marshals, their deputies, and the clerks of the said district, circuit, and territorial courts, shall be paid for their services the like fees as may be allowed to them for similar services in other cases. The person or persons authorized to execute the process to be issued by such com- missioners for the arrest of offenders against the provisions of this act shall be entitled to the usual fees allowed to the marshal for an arrest for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasonable by such commissioner for such other additional ser- vices as may be necessarily performed by him or them, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention and until the final determination of such com- missioner, and in general for performing such other duties as may be required in the premises ; such fees to be made up in conformity with the fees usually charged by the ofiicers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the treasury of the United States on the certificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction. Seo. 13. That it shall be lawful for the Presi- dent of the United States to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to aid in the execution of judicial process issued under this act. Sec. 14. That whenever any person shall hold office, except as a member of Congress or of some State legislature, contrary to the provisions of the 3d section of the XlVth article* of amendment *XIVtli Article of Amendment to the Constitution of the United States. Section 1. All persons born or naturalized in the Uni- ted States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein ^hey reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State de- prive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among the several States according to their respective num- bers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, representatives in Congress, the executive and j adicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens of the Constitution of the United States, it shall be the duty of the district attorney of the United States for the district in which siich person shall hold office as aforesaid to proceed against such person by writ of quo warranto, returnable to the circuit or district court of the United States in such district, and to prosecute the same to the removal of such person from office ; and any writ of quo warranto, s" brought as aforesaid, shall take precedence of all other cases on the docket of the court to which it is made returnable, and shall not be continued unless for cause proved to the satisfaction of the court. Sec. 15. That any person who shall hereafter knowingly accept or hold any office under the United States or any State, to which he is ineli- gible under the 3d section of the XI Vth article of amendment of the Constitution of the United States, or who shall attempt to hold or exercise the duties of any such office, shall be deemed guilty of a misdemeanor against the United States, and upon conviction thereof before the circuit or district court of the United States shall be imprisoned not more than one year, or fined not exceeding $1,000, or both, at the discretion of the court. Seo. 16. That all persons within the jurisdic- tion of the United States shall have the same right in every State and Territory in the United States to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for. the secu- rity of person and property as is enjoyed by white citizens, and shall be subject to like pun- ishment, pains, penalties, taxes, licenses, and ex- actions of every kind, and none other, any law, statute, ordinance, regulation, or custom to the contrary notwithstanding. No tax or charge shall be imposed or enforced by any State upon any person immigrating thereto from a foreign country which is not , equally imposed and en- forced upon every person immigrating to such State from any other foreign country, and any law of any State in conflict with this provision is hereby declared null and void. Sec. 17- That any person who, under color of any law, statute, ordinance, regulation, or cus- of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the pro- gortion which the number of such male citizens shall ear to the whole number of male citizens twenty-one years of age in such State. Sec 3. No person shall be a senator or representative in Congress, or elector of President and Vice Presi- dent, or hold any ofiQce, civil or military, Under the United States, or under any St^te, who, having previ- ously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged In insurrection or rebellion against the same, or given aid or comfort to the ene- mies thereof. But Congress maA^, by a vote of two- thirds of each house, remove such disability. Seo. 4. The validity of the public debt of the United States, authorized bylaw, including debts incurred for payment of pensiofls and bounties for services in sup- pressing insurrection or rebellion, shall not be ques- tioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of Insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations, and claims shall be held illegal and void. Sec. 6. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. XViH AMENDMENT. 649 torn, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the dep- rivation of any right secured or protected by this act, or to different punishment, pains, or penalties, on account of such person being an alien, or by reason of his color or race, than is prescribed for the punishment of citizens, shall be deemed guilty of a misdemeanor, and, on con- viction, shall be punished by fine not exceeding $1,000, or imprisonment not exceeding one year, or both, in the discretion of the court. Sec. 18. That the act to protect all persons in the United States in their civil rights and fur- nish the means of their vindication, passed April 9, 1866, is hereby re-enacted; and sections 16 and 17 hereof shall be enforced according to the provisions of said act. Sec. 19. That if at any election for representa- tive or delegate in the Congress of the United States any person shall knowingly personate and vote, or attempt to vote, in the name of any other person, whether living, dead, or fictitious ; or vote more than once at the same election for any candidate for the same office ; or vote at a place where he may not be lawfully entitled to vote ; or vote without having a lawful right to vote ; . or do any unlawful act to secure a right or an opportunity to vote for himself or any other person ; or by force, threat, menace, intimi- dation, bribery, reward, or offer, or promise thereof, or otherwise unlawfully prevent any qualified voter of any State of the United States of America, or of any Territory thereof, from freely exercising the right of suffrage, or by any such means induce any voter to refuse to exer- cise such right ; or compel or induce by any such means or otherwise any of&cer of an election in any such State or Territory to receive a vote from a person not legally qualified or entitled to vote ; or interfere in any manner with any offi- cer of said election in the discharge of his du- ties ; or by any of such means, or other unlawful means, induce any officer of an election, or officer whose duty it is to ascertain,, announce, or de- clare the result of any such election, or give or make any certificate, document, or evidence in relation thereto, to violate or refuse to comply with his duty, or any law regulating the same ; or knowingly and willfully receive the vote of any person not entitled to vote,. or refuse to re- ceive the vote of any person entitled to vote ; or aid, counsel, procure, or advise any such voter, persoUj or officer to do any act hereby made a crime, or to omit to do any duty the omission of which is hereby made a crime, or attempt to do so, every such person shall be deemed guilty of a crime, and Mall for such crime be liable to prosecution in any court of the United States of competent jurisdiction, and, onconviction thereof, shall be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding three years, or both, in the discretion of the court, and shall pay the costs of prosecution. Sec. 20. That if, at any registration of voters for an election of representative or delegate in the Congress of the United States, any person shall knowingly personate and register, or attempt to register, in the name of any other person, whether living, dead, or fictitious, or fraudulently register, or fraudulently attempt to register, not having a lawful right so to do, or do any unlawful act to se- cure registration for himself or any other person; or by force, threat, menace, intimidation, bribery, reward, or offer, or promise thereof, or other un- lawful means, prevent or hinder any person hav- ing a lawful right to register from duly exercising such right ; or compel or induce, by any of suon means, or other unlawful means, any officer of registration to admit to registration any person not legally entitled thereto, or interfere in any manner with any officer of registration in the discharge of his duties, or by any such means, or other unlawful means, induce any officer of regis- tration to violate or refuse to comply with Tiis duty, or any law regulating the same ; or know- ingly and willfully receive the vote of any per- son not entitled to vote, or refuse to receive the vote of any person entitled to vote, or aid, coun- sel, procure, or advise any such voter, person, or officer to do any act hereby made a crime, or to omit any act, the omission of which is hereby made a crime, every such r^rson shall be deemed guilty of a crime, and shau be liable to prosecu- tion and punishment therefor, as provided in sec- tion nineteen of this act for persons guilty of any of the crimes therein specified: Provided, That every registration made under the laws of any State or Territory, for any State or other election at which such representative or delegate in Con- gress shall be chosen, shall be deemed to be a registration within the meaning of this act, not- withstanding the same shall also be made for the purposes of any State, territorial, or municipal election. Seo. 21. That whenever, by the laws of any State or Territory, the name of any candidate or person to be voted for as representative or dele- gate in Congress shall be required to be printed, written, or contained in any ticket or ballot with other candidates or 'persons to be voted for at the same election for State, territorial, munici- pal, or local officers, it shall be sufficient prima facie evidence, either for the purpose of indicting or convicting any person charged with voting, or attempting or offering to yote unlawfully, under the provisions of the preceding sections, or for committing either of the offenses thereby created, to prove that the person so charged or indicted voted, or attempted or offered to vote, such ballot or ticket, or committed either of the offenses named in the preceding sections of this act with reference to such ballot. And the proof and establishment of such fact shall be taken, held, and deemed to be presumptive evidence that such person voted, or attempted or offered to vote, for such representative or delegate, as the case may be, or that such offense was com- mitted with reference to the election of such representative or delegate, and shall be sufficient to warrant his conviction, unless it shall be shown that any such ballot, when cast, or at- tempted or offered to be cast by him, did not contain the name of any candidate for the office of lepresentative or delegate in the Congress of the United States, or that such offense was not com- mitted with reference to the election of such representative or delegate. Sec. 22. That any officer of any election at which any representative or delegate in the Con- gress of the United States shall be voted for, 550 POLITICAL MANUAL. whether such ofBoer of election be appointed or Teated by or under any law or authority of the United States, or by or under any State, territo- rial, district, or municipal law or authority, who shall neglect or refuse to perform any duty in regard to such election required of him by any law of the United States, or of any State or Ter- ritory thereof; or violate any duty so imposed, or knowingly do any act thereby unauthorized, with intent to affect any such election, or the result thereof; or fraudulently make any false certifi- cate of the result of such election in regard to such representative or delegate ; or withhold, con- ceal, or destroy any certificate of record so re- quired by law respecting, concerning, or pertain- ing to the election of any such representative or delegate ; or neglect or refuse to make and return the same as so required by law ; or aid, counsel, procure, or advise any voter, person, or officer to do any act by this or any of the preceding sec- tions made a crime ; or to omit to do any duty the omission of which is by this or any of said sections made a crime, or attempt to do so, shall be deemed guilty of a crime, and shall be liable to prosecution and punishment therefor, as pro- vided in the nineteenth section of this act for persons guilty of any of the crimes therein spe- cified. Sec. 23. That whenever any person shall be defeated or deprived of his election to any office, except elector of President or Vice President, representative or delegate in Congress, or mem- ber of a State legislature, by reason of the denial to any citizen or citizens who shall offer to vote of the right to vote, on account of race, color, or previous condition of servitude, his right to hold and enjoy such office, and the emoluments thereof, shall not be impaired by such denial ; and such person may bring any appropriate suit or pro- ceeding to recover possession of such office, and in cases where it shall appear that the sole ques- tion touching the title to such office arises out of the denial of the right to vote to citizens who so offered to vote on account of race, color, or pre- vious condition of servitude, such suit or proceed- ing may be instituted in the circuit or district court of the United States of the circuit or district in which such person resides. And said circuit or district court shall have, concurrently with the State courts, jurisdiction thereof so far as to determine the rights of the parties to such office by reason of the denial of the right guarantied by the XVth article of amendment to the Con- stitution of the United States and secured by this act. Tbe Final Vote. In Senate. • 1870, May 25.— The report of the committee of conference, recommending the passage of the bill as printed above was agreed to — ^yeas 48, nays 11, as follow; Ybas— Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Cameron, Chandler, Cole, Oonkling, Cragin, Drake, Edmunds, Eerry, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Harlan, Harris, Hovrard, Howe, Kellogg, Lewis, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Bamsey, Bice, Boss, Sawyer, Scott, Sherman, Spencer, Sprague, Stewart, SumneCi Thayer, Tipton, Trumbull, Warner, Williams— 48. Nats— Messrs. Bayard, Casserly, Davis, Fowler, Ham- ilton of Maryland, Johnston, McOreery, Saulsbury, Stock- ton, Thurman, Vickers — 11. May 27 — The House concurred — yeas 133, nays 58, (not voting 39,) as follow : YsAS— Messrs. Allison, Ambler, Armstrong, Amell, Asper, Atwood, Ayer, Bailey, Banks, Barry, Beat^, Bennett, Benton, Bingham, Blair, Boles, Bowen, Boyd, George M. Brooks, Buckley, Bufflnton, Burohard, Bur- dett, Benjamin F. Butler. Roderick B. Butler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa 'Cobb, Clinton L. Cobb, Coburn, C-133. Nays — Messrs. Adams, Archer, Axiell, Bamum, Beck, Biggs, Bird, Booker, James Brooks, Burr, Calkin, Cleoe- larid, Conner, Cox, Orebs, Dickinson, Dox, EldH^e, i^, Getz, Gibson, Haight, Haldeman, Mambleton, Hawkins, Holman, Johnson. Kerr, Knott, Lewis, MarshaU,Mayhajt]i, McCormick, McNeely, Morgan, Morrissey, Mungen, Nib- lack, Potter, Sandatt, Reeves, Rice, Ridgway, Rogers, Schu- maker, Sherrod, Shober, Slocum, Joseph S. Smith, Stiles, Stone, Swann, Sweeney, TriTnble, Voorhees, WeUs^ Eugene M. Wilson, WoodmarS-iS. Freviotig Votes. In House. 1870, May 16 — Mr. Bingham, from the Com- mittee on the Judiciary, reported the following bill : Be it enacted, &c.. That any offioer of the United States, or of any State, Territory, or district, and every officer of any city, county, town, township, borough, ward, parish, or hundred, in any State, Territory, or district, who shall by any official act whatever, or by the omission, neglect, or refusal to perform any official act or duty whatever, whether under color or pretext of any provision of any State constitution, or any lawT)f any State, Territory, or district whatsoever, or of any local, municipal, or other law, rule, or ordinance, deny or abridge the right of any citizen of the United States to vote, on account of race, color, or pre- vious condition of servitude, at any Federal, State, county, municipal, or other election, shall, upon conviction thereof, be adjudged guilty of a mis- demeanor, and shjill be punished by imprisonment of not less than one year and n,(}t exceeding three years, or by a fine not less than $500 nor exceed- ing $5,000, or both such fine and imprisonment, at the discretion of the court. Seo. 2. That all colored citizens of the United States resident in the several States of the United States shall be entitled to vote at all elections vfi the State, county, parish, town, township, ward, or hundred of their residence, subject only to the same conditions which now ai;e or may hereafter be required to qualify white citizens to vote there- in. And any person who shall by force, fraud, intimidati,on, or other unlawful means whatso- eyer, preyent any colored citizen from voting at xvth amendment. 551 any Buoh election, who possesses the qualifications, ejccept in respect of color, requisite to enable a white citizen to vote thereat, shall, upon convic- tion thereof, be adjudged guilty of a misdemeanor, and shall be imprisoned not less than six months and not exceeding one year, or be fined not less than $100 nor more than $1,000, or be punished by both such fine and imprisonment, in the dis- cretion of the court. Sec. 3. That in case the constitution or law of einy State shall require the assessment or payment of a tax as a qualification of an elector, if any assessor or other officer elected or appointed under the laws of such State, and authorized or required by the laws thereof to make any assessment of persons or property for the purpose of such taxa- tion, shall refuse or willfully neglect to assess the person or property of any colored citizen of the United States qualified as aforesaid, and residing in the town, hundred, borough, township, parish, cpunty, ward, or district for which said assessor or other ofScer shall have been elected or ap- pointed as aforesaid, he shall, for every such of-r fense, forfeit and pay the sum of $500 to any per- son who will sue for the same, and shall for every such off6hsl''be guilty of a misdemeanor, and shall be fined ntotfea than $500, and be imprisoned not less than one. month. Seo. 4. That ih'case the constitution or law of any State shall req'ai'iB it^e assessment or pay- ment of a tax as a qualification of an elector, if any officer or member of any levy court, or other body of officers, authorized or required by -the laws of such State to make or correct any assess- ment of persons or property for the purpose of such taxation, or authorized or required by the laws of such State to assess or levy any such tax, shall refuse, or willfully neglect or advise, or shall participate, concur, or acquiesce in the re- fusal or willful neglect of such levy court, or other body of officers, to assess the person or property, or to assess or levy any such tax upon the person or property of any colored citizen of the United States, qualified as aforesaid, and re- siding in the county or district for which said officer, levy court, or other body of officers shall have been elected or appointed, he shall for every such offense forfeit and pay the sum of $500 to any person who will sue for the same, and shall for every such offense be deemed guilty of a, mis- demeanor, and shall be fined not less than $500 and be imprisoned not less than one month. Sec. 5. That if any clerk or other officer re- quired by the law of any State to register, record, or transcribe any list of persons upon whom taxes have been assessed, or to transcribe and certify any duplicate of such list to the collector of taxes, shall refuse or willfully neglect to register, re- cord, transcribe, or enter upon the proper assess- ment list, or upon the proper dnplitiates of such assessm.gnt.list,.-tkai'Batoe of any cglored citizen of the United States who has been lawfully as- sessed to pay any tax, the payment of which tax is by the constitution or ■ laws of such State a qualification of an elector of such State, every BSich clerk or officer shall for every such offense forfeit and pay the sum of $500 to any person who will sue for the same, and shall for every siich offense be deemed guilty of a misdemeanor, and shall be fined not less than $500 and be im- prisoned not less than one month. Seo. 6. That if any collector of taxes elected or appointed by authority of the laws of any State shall refuse or willfully neglect to receive from any colored citizen of the United States residing in such State any tax which he is re- quired oy law to collect from citizens pf such State, and the payment of which tax is by the oonstitntibn or laws of such State a qualification of an elector of such State, or if any such collec- tor shall refuse or willfully neglect to give to any such colored citizen a receipt for any such ta;:, when the amount thereof shall have been paid or tendered to him by such colored citizen, ihe shall for every such offense forfeit and pay the sum of $500 to any person who will sue for the same, and shall for every such offense be deemed guilty of a misdemeanor, and shall be fined not less than $200, and be imprisoned for not less than one month. Seo. 7. That if at any State, county, township, hundred, or municipal election, held by the au- thority of any law of any State, or at any electiom for electors of President of the United States, or for members of the House of Representatives of the United States, any officer, inspector, or judge of the election shall refuse to receive, or shall advise or concur in refusing to receive, the vote of any person on account ot his race, color, or previous condition of servitude, every such officer, inspect- or, or judge shall for every such offense forfeit and pay the sum of $500 to any person whose vote shall have been so refused, who may sue for the same in any court of the United States ; and such officer,, inspector, or .judge shall for every such offense be deemed guilty of a misdeineanor, and on conviction thereof shall be fined not less than $200, nor more than $500, and be imprisoned not less than one month. .^ , Sec. 8. That any register of officer who shall refuse to register or enter upon the- list of voters or list of persons who will be entitled to vote at any election the name of any colored person having the qualifications of a white citizen enti- tled to vote or to be placed on such list in other respects except race or color, and any officer or member of any board for the admission of elect- ors, who shall refuse to admit to the electors' oath, or to the privileges of an elector, any col- ored person on account of his race, color, or previous condition of servitude', or having the qtialificatibns of a white citizen entitled to the privileges of an -elector in other respects than race, color, or previous condition of servitude, shall be guilty of a misdemeanor, and on con- viction thereof shall forfeit and pay a penalty of not less than $200 nor more than $500, and shall be imprisoned not less than one month nor more than six months, or both, at the discretion of the court. Sec. 9. That if any person shall, by threats, violence, or intimidation, prevent, or attempt to prevent, any citizen of the United States from the free exercise of his right to vote in any elec- tion at which members of Congress or electors for President or Vice President of the United States may be voted for, such person so offending shall be liable to indictment, and on conviction 552 POLITICAL MANUAL. thereof shall be subject to a fiffe not exceeding $1,000, or to imprisonment not less than one year nor more than three years, or both, at th? discretion of the court. Sec. 10. That the circuit courts of the United dtates shall have jurisdiction of the suits for forfeitures imposed and causes of action created by this act, and the circuit and district courts of the United States shall have jurisdiction of the misdemeanors created by this act. Which was agreed to — yeas 131, nays 44, as follow: Yeas — Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Ayer, Banks, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Booker, Boyd, George M. Brooks, Buck, Buckley, Buf- finton, Burchard, Benjamin F: Butler, Cake, Cessn^, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, Cowles, Dawes. Dickey, Dixon, Donley, Duval, Dyer,Ela, Parnsworth, Perriss, Ferry, Finkelnburg. Pitch, Garfield, Gilfillan, Hale, Hamilton, Harris, Tiawley, Hay, Heflin, Hill, Hoar, Hooper, Hotchkiss, Ingerpoll, Julian, Kelley, Kellogg, Kelsey, Ketcham, Laflin, Lash, Logan, Loughridge, Lynch, Maynard, McCarthy, MoCrary, McGrew, Mo- ICee, McKcnziB, Mercur, Milnes, Eliakim H. Moore, Jesse H. Moore, William Moore. Morphis, Daniel J. Morrell, Myers, Negley, O'Neill, Packard, Packer, Peek, Perce. Peters, Piatt, Poland, Pomeroy, Pressor, Roots, Sanford, Sargent, Sawyer, Schenck, ScoSeld, Shanks. I^onei A. Sheldon, Porter Sheldon, John A. Smith, WjUiam J. Smith, Worthington C.Smith, Wil- liam Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strickland, Strong, Taffe, Tanner, Taylor, Tillman, Townsend, Twichelf; Tyner, Upson, Cadwala^ der C. Wkshburn, Welker, Wheeler, Whitmore, Wil- lara, Williams, John T. Wilson, Winans— 131. Nays — Messrs. Adanhs, Archer, Axtell, Bamum, Beck, Biggs, James Brooks, Burr, Conner, Crebs, Dickinson, Box, EioHdge, Gibson, Grisioold, Kaight, Haldeman, HamiU, Hawkms, Holman, Knott, Lewis, Mayham, McNeeiy, Mor- gan, Mungen, Niblack, Potter, RanddU, Rice, Rogers, Schur maker, Sherrod, Slocum. Joseph S. Smith, Stiles, Swann, Sweeney, Trimble, Van Trump, Voorhees, Eugene M. Wilr son, Winchester, Wood, — 44. Is Senate. 18Y0, May 18— Mr. Stewart moved to sub- stitute the following: That all citizens of the United States who are or shall be otherwise qualified by law to vote at any election by the people in any State, Terri- tory, district, county, city,' parish, township, school district, municipality, Or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary. iiotwithstanding. Seo. 2. That if, by or under the authority of the constitution or laws of any State, or the laws of any Territory, any act is or shall be required to be done as a prerequisite or qualification for voting, and by such constitution or laws persons or officers are or shall be charged with the per- Jbrmance of duties in furnishing to citizens an opportunity to perform such prerequisite, or to become qualified to vote, it shall be the duty of every such person and officer to give to all citi- zens of the United States the same and equal opportunity to perform such prerequisite, and to become qualified to vote, without distinction of race, color, or previous condition of servitude; and if any such person or officer shall refuse or knowingly omit to give full effect to this section, \v: shall, for every such offense, forfeit and pay the sum of ^500 to the person aggrieved thereby, to be recovered by an' action on the case, with full costs and such allowance for counsel fees as the court shall deem just, and shall also, for. every such offense, be deemed guilty of a mis- demeanor, and shall, on conviction thereof, be fined not less than $500, and be imprisoned not less than one month and not more than one year. Sec. 3. That whenever, by or under the au- thority of the constitution or laws of any State" or the laws of any Territory, any act is or shall be required to be done by any citizen as a pre- requisite to qualify or entitle him to vote, the offer of any such citizen to perform the act re- quired to be done as aforesaid shall, if it fail to be carried into execution by reason of the wrongful act or omission aforesaid of the person or officer charged with the duty of receiving or permitting such performance or offer to perform or acting! thereon, be deemed and held as » per- formance in law of such act ; and the person so offering and failing as aforesaid and being other- wise qualified, shall be entitled to vote in the same manner and to the same extent as if he had in fact performed such act; and any judge, in- spector, or other officer of election whose duty it is or shall be to receive, count, certify, regis- fer, report, or give effect to the vote of any such citizen, who shall refuse or knowingly omit to receive, count, certify, register, report, or give effect to the vote of such citizen, upon the pre- sentation by him of his affidavit stating such offer and the time and place thereof, and the name of the officer or person whose duty it was to act thereon, and that he was wrongfully pre- vented by such person or officer from performing such act, shall for every such offense forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allowance for- counsel fees as the court shall deem just, and shall also, for every such offense, be guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than $500, and bo imprisoned not less than one month and not more than one year. Seo. 4. That if any person, by force, bribery, threats, intimidation, or otherwise, shall hinder, delay, prevent, or obstruct, or attempt to hinder, delay, prevent, or obstruct any citizen from doing any act required to be done to qualify him to vote or from voting at any election as aforesaid, such person shall for every such offens^ forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allowance for coun- sel fees as the court shall deem just, and shall also for every such offense be guilty of "a misde- meanor, and shall, on conviction thereof, be fined not less than $500, and be imprisoned not less than one month and not more than one year. Sec. 5. That any person who shall be deprived „ of any office, except that of member of Congress or member of a State legislature, by reason of the violation of the provisions of this act, shall be entitled to recover possession of such office by writ of mandamus or other appropriate proceed- ing; and the circuit and district courts of the United States shall have concurrent jurisdiction with the proper State courts of all cases arising under this section. xvth amendment. 653 Sec. 6. That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, oi all causes, civil and criminal, arising under this act, except as herein otherwise provided ; and the jurisdiction herehy conferred shall be exercised m conformity with the laws and practice governing United States courts; and all crimes and offenses committed against the provisions of this act may be prosecuted by the indictment of a grand jury, or in cases of crimes and offenses not infamous the prosecution may be either by indictment or information filed by the district attorney in a court having juris- diction. Seo. 7. That the district attorneys, marshals, and deputy marshals of the United States, the commissioners appointed by the circuit and ter- ritorial courts 01 the United States, with powers of arresting, imprisoning, or bailing offenders against, the laws of the United States, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and re- quired, at the expense of the United States, to institute proceedings against all and every person who shall violate the provisions of this act, and cause him or them to be arrested and imprisoned or bailed, as the case may be, for trial, before such court of the United States or territorial court as has cognizance of the offense. And with a view to afford reasonable protection to all persons in their constitutional right to vote, without distinc- tion o'f race, color, or previous condition of ser- vitude, and to the prompt discharge of the duties of this act, it shall be the duty of the circuit courts of the United States, and the superior courts of the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with a violation of this act; and such commis- sioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same du- ties with regard to offenses created by this act, as they are auOiorized by law to exercise with re- gard to other offenses against the laws of the United States. Sec. 8. That it shall be the duty of all marshals and deputy marshals to obey and execute all war- rants and precepts issued under the provisions of this act when to them directed ; and should any marshal or..deputy marshal refuse to receive such warrajit or otner process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of $1,000, tO' the use of the person de- prived of the rights conferred by this act. And- the better to enable the said bommissionera to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their districts respectively, to appoint, in writings under their hands, any one or more suitable persons from time to time to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties; and the persons so appointed to execute any war- rant or process as aforesaid shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or Euch portion of the land or naval forces of the United States or of the militia as may be necessary to the performance of the duty with which they are charged, and to insure a faithful observance of the xvth Amendment to the Constitution of the United States ; and such warrants shall run and be executed by said officers anywhere in the State or Territory within which they are issued. Seo. 9. That any person who shall knowingly and willfully obstruct, hinder, or prevent any officer or other person charged with the execu- tion of any warrant or process issued under the provisions of this act, or any person or persons lawfully assisting him or them, from arresting any person for whose apprehension such warrant or process may have been issued, or shall rescue or attempt to rescue such person from the cus- tody of the officer or other person or persons, or those lawfully assisting as aforesaid when so ar- rested, pursuant to the authority herein given and declared, or shall aid, abet, or assist any person so arrested as aforesaid, directly or indi- rectly, to escape from the custody of the officer or other person legally authorized as aforesaid, or' shall harbor or conceal any person for whose arrest a warrant or process shall nave been issued as aforesaid, so as to prevent his discovery and arrest after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall for either of said offenses bo subject to a fine not exceeding $1,000 and im- prisonment not exceeding six months, by indict- ment and conviction before the district or circuit court of the United States for the district or cir- cuit in which said offense may have been com- mitted, or before the proper court of criminal jurisdiction,, if committed within any one, of the organized Territories of the United States. Sec. 10. That the commissioners, district attor- neys, the marshals, their deputies, and the clerks of the said district, circuit, and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases. The person or persons authorized to execute the process to be issued by such com- missioners for the arrest of offenders against the provisions of this act shall be entitled to a fee of $10 for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasona- ble by such commissioner for such other additional services as may be necessarily performed by him or them, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of such com- missioner, and in general for performing such other duties aa'may be required in the premises ; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the Treasury of the United States on the certificate of the judge of the district within which the 554 POLITICAL MANUAL. arrest is made, and to be recoverable from the defendant as part of the judgment in oase of con- viction. Sec. 11. That whenever the President of the United States shall have reason to believe that offenses have been or are likely to be committed against the provisions of this act within any ju- dicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and dis- trict attorney of such district to attend at such place within the district, and for such time as he may designate, for the purpose of the more speedy arrest and trial of persons charged with a viola- tion of this act; and it shall be the duty of every judge or other officer, when any such requisition shall be received by him, to attend at the' place and for the time therein designated. Seo. 12. That it shall be lawful for the Presi- dent of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be deemed ne- cessary to prevent the violation and enforce the due execution of this act. Seo. 13. That whenever any person shall hold office, except as a member of Congress or of some State legislature, contrary to the provisions of the third section of the XlVth article of amend- ment of the Constitution of the United States, it shall be the duty of the district attorney of the United States for the district in which such person shall hold office as aforesaid to proceed against such person by writ of guo warrcmto, returnable to the circuit or district court of the United States in such district, and to prosecute the same to the removal of such person from office ; and any writ of quo warranto so brought as aforesaid shall take precedence of all other cases on the docket of the court to which it is made returnable, and shall not be continued unless for cause proved to the satisfaction, of the court. Seo. 14. That any person who shall hereafter knowingly accept or hold any office under the United States or any State, to which he is ineli- gible under the third section of the XlVth arti- cle of amendment of the Constitution of the United States, or who shall atteimt to hold or exercise the duties of any such oiSce, shall be deemed guilty of a misdemeanor against the United States, and upon convictiqn thereof before the circuit or district court of the United States shall be im- prisoned not more than one year and fined not exceeding $1,000, and shall forever be disqualified to hold any office of honor, trust, or profit under the United States or any State. Sec. 15. That all persons within the jurisdic- tion of the United States shall have the same right in every State and Territory in the United States to make and enforce contracts, to sue, be parties, give evidence, s-nd to the full and equal benefit of all laws and proceedings for the secu- rity of person and property as is enjoyed by white citizens, and shall be subject to like punishments, pains, penalties, taxsSi licenses, and exactions of every kind, and none other, any law, statute, ordinance, regulation, or custom to the contrary notwithstanding. iNo tax or charge shall be im- posed or enforced by any State upon any person emigrating thereto from a foreign country, which is not equally impQsed and enforced upon every person emigrating to such State from any other foreign country, and any law of any State in con- flict with this provision is hereby declared null and void. Seo. 16. That any person who, under color of any law, statute, ordinance, regulation, or cus- tom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the de- privation of any right secured or protected by this act, or to different punishment, pains, or penalties, on account of such person being an alien, or by reason of his color or race, than is Erescribed for the punishment of citizens, shall e deemed guilty of a misdemeanor, and on con- viction shall be punished by fine not exceeding $1,000, or imprisonment not exceeding one year, or both, in the discretion of the court. Seo. 17. That the act to protect all persons in the United States in their civil rights, and fur- nish the means of their vindication, passed April 9, 1866, is hereby re-enacted ; and said act, ex- cept the first and second sections thereof, is here- by referred to and made a part of this act ; and section fifteen and section sixteen hereof shall be enforced according to the provisions of said act. Mr. Sherman moved to amend the substitute by adding the foUovfing sections : Sec. — . That if at any election for represent- ative or delegate in the Congress of the United States any person shall knowingly personate and vote, or attempt to vote, in the name of any other person, whether living, dead, or fictitious ; or vote more than once at the same election for any can- didate for the same office ; or vote at a place where he may not be lawfully entitled to vote; or vote without having a lawnil right to vote ; or do any unlawful act to secure a right or an opportunity to vote for himself or any other person ; or by force, threat, menace, intimidation, bribery, re- ward,, or offer, or promise thereof, or otherwise unlawfully prevent any qualified voter of any State of the United States of America, or of anjf Territory thereof, from freely exercising the right of suffrage, or by any suchmeans induce any voter to refuse to exercise such right; or compel or in- duce by any such means, or otherwise, any officer of an election in any such State or Territory to receive a vote from a person not legally qualified or entitled to vote ; or interfere in any manner with any officer of said elections in the discharga of his duties ; or by any of such means or others wise induce any officer of an election, or officer whose duty it is to ascertain, announce, or declare the result of any such election, or give or maka any certificate, document, or evidence in relation thereto, to violate or refuse to comply with hia duty or any law regulating the same ; or know- ingly and willfully receive the vote of any person not entitled to vote, or refuse to receive *he vote of any person entitled to vote ; or aid, counsel, procure, or advise any such voter, person, or offi-, cer to do any act hereby made a crime, or to omit to do any duty the omission of which ia hereby made a crime, or attempt to do so, every such person shall be deemed guilty of a crime, and shall for such crime be liable to indictment in any court of the United States oi competent jurisdic- tion, and on conviction thereof shall be punished by a fine not exceeding $500, or by imprisonmenle for a term not exceeding three years, or both, ia xvtb amendment. 555 the discretion of the court, and shall pay the costs of proBeoution. Seo. — . That if at any registration of voters for an election for representative or delegate in the Congress of the United States, any person shall knowingly personate or register, or attempt to register, in the name of any other person, whether living, dead, or fictitious, or attempt to register at a place where he shall not he lawfully entitled to register, or register or attempt to reg- ister not having a lawful right so to do, or do any unlawful act to secure registration for him- self or any other pwson, or by force, threat, menace, intimidation, bribery, reward, or offer, or promise thereof, or otherwise, unlawfully pre- vent or hinder any person having a lawful right to register from duly exercising such right; or compel or induce by any such means, or other- wise, any officer of registration to admit to reg- istration any person not legally entitled thereto ; or interfere in any manner with any officer of registration in the discharge of his duties ; or by any such means, or otherwise, induce any qffice^ of registration to violate or refuse to, comply with his duty or any law regulating the same; or knowingly and willfully receive the vote of any person not tentitled to vote, or refuse to receive the vote of any person entitled to vote, or aid, counsel, procure.'of' adyise any such voter, per- son, or officer to do any act, hereby made a crime, or to omit any act the omission of which is made a crime, every such person shall be deemed guilty, of a crime, and shall he liable to indictment an4 punishment therefor, as provided in the first sec- tion of this act for persons guilty of any of the crimes therein specified. Seo. — . That if any person shall, by forans, G. R. Shan- non — 2. HousE-or Rbpeesentatives, February 15, 1870. Yeas — Messrs. /. 0. Austin, J. A. Abney, 0. L. Abbott, M. L. Armstrong, H. R. Allen, R. A. Allen, J. Abbott, J. D. Burnett, E. J. Becton, J. P. Butler, D. W. Burley, T. J. Chambers, L W. Cooper, S. Colton, /. B. Cole, L. B. Camp, A. M. Cox, G. Dupree, W. W. Davis, A. Dorris, T. G. Franks, C. W.' Gardner, F. E. Grothaus, C. T. D. Ham, J. P. Hill, J. J. Hamilton, G. T. Haswell, /. E. Hawkins, J. W. Johnson, C. Jenkins, M. Kendal, John W. I/ine, A. F. Leonard, W. J. Locke, M. Manning, J. H. Morrison, H. Moore, W. P. McLean, J. R. McKee, . J. F. McKee, S. MuUins, D. Medlock, B. L. Moore, J. W. Posey, W. C. Pierson, B. R. Plumly, W. Prissie, W. G. Robinson, F. Schleckum, G. H. Slaughter, W. H. Sinclair, W. Sherriff, W. B. Stirman, E. L. Smith, G. J. Stockbridge, B. S. Shelburn, J. Schutze, F. Tegner, S. S. Weaver, B. F. Williams, H. W. Young, J. B. York, H. C. Youngkin, R. Zapp, and A. Zoller— 65. Nays — Messrs. 8. J. Adams, H C. Ellis, W. A. Gaston, W. E. Hughes, F. Kyle. B. B. Lacy, J H. Miller, E. L. Robb, T. E. Ross, J. G. Smiih^lO. Vermont. Senate, October 20, 1869. Yeas— Messrs. Grenville G. Benedict, Asa B. Camp, William Collamer, Lucius Copeland, George N. Dale, Albert G. Dewey of Windsor, Jerry E. Dickerman, William G. Elkins, Roswell Farnham, David Goodell, Ezra B. Green, A. B. Halbert, Harley M. Hall, J. H. Hastings, Charles H. Heath, William R. Hutchinson, James Hutchinson, jr., Bollin J. Jones, Jedd P. Ladd, George A. Merrill, William P. Nash, Franklin H. Orvisj William M. Pingry, Homer E. Royce, Robert J. Saxe,('Hoyt H. Wheeler— 26. ' Nays— 0. House of Rbpeesentatives, October 19, 1869. Yeas— Messrs. David C. Abbott, Stephen Al- den, Andrew S. AUis, Joseph Andrew, Lyman XViH AMENDMENT, 561 Batcheller, John Bailey, jr., Frederick H. Bald- win, George A. Ballard, J. Warren BaTneB, Fay- ette Barney, George Barrett of Weathersfield, Jonas R. Bartlett, YV'illiara H. Bebee, Juliui B. Benedict, George Benton, John Bigelow, Lewis H. Bisbee, Saul Bishop, George 0. Boyce Ciileb R. Brewer, George B. Brewster, Sumner Briggs, Asa Brigham, Charles W. Brigham, Jerome B. Bromley, Ebenezer B. Brown, William C. Brown, Horatio N Bull, Oscar E Butterfield, James Car- dell, fcliram Carleton, Benjamin F. D. Carpenter, Charles Chamberlin, Charles Chase, T. Abel Chase, Howard Clark, Nathan S. Clark, Jason Clark, Lewis Cobb, James A. Coburn, Mason S. Colburn, Chaunoey H. Conkey, David Cook, Edwin S. Cook, Seth F Cowles, Sumner Curtis, Ezra F. Darling, Leonard W. Day, William Deming^^Asa M. Dick- ey, Jonathan B. Dike, Josiah B, Divoll, Chester B. Dow, William P. Downing, Stephen L Duttou, Frederick P. Eaton, Alanson Edgerton, Ezra Ed- , son, Jacob Estey, Edson Farman, Jona B Farns- ' worth, John Farrar, Joseph C. Fenn, James K. Foster, George P. Foster, EzraS. Freeman, Barnes Frisbie, John H. Gambell, Nelson Gay, David N. ■ Gibb, George Giffin, jr., Philip K. Gleed, William Goff, George Goodell, George S. Goodrich, Henry H. Goodseil, Marcus D. Grover, Emerson Hall. Jo- siah L. Hamblet, John 0. Hamilton, Samuel Har- rington, Royal D. Hedden, Rufus N. Hemenway, Charles Hewitt, Ansel L. Hill, Calvin Hill, Ly- man G. Hinckley, Charles B. Holden, William C. Holman, Benjamin A. Holmes, Lyman W. Holmes of Waterville, Joel Holton, Orman P. Hooker, Heman Hopkins, jr., John P. Hoskison, A. S. Howard, Asahel H. Hubbard, Julius A. Hum- phrey, Samuel S Hunt of Guilford, Loyal Hun- tington, Elisha B. Hurd, Luther H. Hurlburt, John V. S. Isham , Lyman Jackson, Andrew Jack- eon, Samuel R Jenkins, Elias L. Jewett, John Johnson, William Johnson, Charles H. Joyce, George B. Keeler, Phineas A. Kemp, Isaac K. Kenaston, Silas G. King, Aaron N. King, Harvey N. Kingsbury, John Kinsley, Alfred H. Knapp, Willara Kneeland, Melvin A. Knowlton, Charles I. Ladd, James R. Langdon, Jabez W. Langdon, Martin Leonard, Joseph P. Long, Joel Lyman, Isaac A. Manning, Augustus M. Marsh, John L. Mason, Nathaniel C McKnight, Gardner Merrill, Timothy. C. Miles, Ephraim Moore, Ira A. Morse, Lucius P. Howry, Isaac J. Nichols, Luther A. Nichols, Joseph Nickerson, Julius N. North, George N. Ober, Frank E. Ormsby , Carrol S. Page, Paine, Harry B. Parker, James Parker, Daniel P. Peabody, Francis Phelps, Horatio S. Pierce, Milo Pierce, Joseph H. Pratt, Joseph Pur- mort, Marcus S Reed, Philemon Remington, Ed- ward J. Reynolds, Jotham S. Rice, Lorenzo Rich- mond, Jesse J. Ridley, Henry B. Ripley, Oscar P. Rixford, Abraham R. Ross, Noah B. Safford, Charles A. Scott, George Severance, William H. Silsby, Isaac M. Smith, Oliver Smith, Homer H. Southwiok, Eugene H. Spaulding, Marshal W, Stoddard, Alpheus H. Stone, Cyrus W. Strong, Andrew J. Taylor, Albin L. Thompson, Josepn Underwood, Asahel Upham, Torrey E. Wales, William W. Walker, Henry A. Walker, George B. Warner, Edwin W. Washburn, Frederick A. Way, Walter A. Weed, Merrick Wentworth, Far- well Wetherby, Samuel E. Wheat, Eugene P. Wheeler, Joseph W. Wheelock, Edwin C.White, James E. White, Erastua Whitney, John Willay, Henry B. Williams, Horace G.- Wood, Albert Worcester, Pliney Wright, George W. Grandey, Speaker— 196. Nats— Messrs. G. W. Aiken, Putrieh Barrett, Josiah F. Brigham, Almon L. Clark, Charming Hazeltine, Rollin W. Solhrooh, Abial C. Palmer, Fred. Parks, James M. Peak, Thomas Pollard, James M. Soule, Q-eorqe Wooster of Marshfield — 12. Virginia. Senate, October 8, 1869. Yeas — Messrs. Ahner Anderson, William, A. Anderson, William P. Austin, R 8. Beazley, J. W. D. Bland, Charles Campbell. David G. Carr, A. R. Courtney, A. M. Davis, Thomas P. Fitz- patrick, James Milton French, James 3. Qreever, jD. a. Grimsley, Marcus A. Harris, F. W. Has- kell, Charles Herndon, George H. Kindrick', T. N. Latham, Meriwether Lewis, William T. Mar- tin, E. W. Massie, William P. Moseley, Frank Moss, Robert L. Owen, James Patterson, W, K. Perrin, John E. Penn, Washington L. Riddick, John Robinson, John E. Roller, J. Ambler Smith, Normand Smith, William D. Smith, Edgar Snow- den,jr., Thomas E. Taylor, W. H. Taylor, George Teamoh, William R. Terry, Joseph Wadddl, Franklin Wood— 40. Nays — Messrs. Abel T. Johnson, Isaiah L. Ly- ons — 2. HoDSE OP Repeesbntatwes, October 8, 1869. Yeas — Messrs.- William H. Andrews, W. W. Arnett, John W. Ashby, George R. Atkinson, Jacob S. Alice, Edmund R. Bagwell, William Bartlett, Senry Bell, H. M. Bell, Augustus Bodeker, Stith Boiling, Henry Bowen, Henry M. Bowden, Philo Bradley, Gary Breckinridge, William H. Brisby, L. C. Bristow, Lewis H. Bryant, William A. Bry- ant, Isaac D. Budd, John W. Bullman, Richard U. Burgess, Robert C. Burkholder, Josiah L. Camp- bell, J. T. Chase, M. S. Clark; A. B. Cochrane, Walter Coles, Henry Cox, John B. Crenshaw, John W. Daniel, Addison Davis, S. M. Dodge, John Dugger, Isaac Edmundson, B. T. Edwards, George Fayerman, L. H. Frayser, A. N. Fretz, J. H. Ful- ton, W. J. Fulton, George K. Oilman, T. H. Gos- ney, George Graham, G. W. Graham, George S. T. Greer, Marshall Hanger, Benjamin N. Hatcher, Job Hawxhurst, B. O. Haynie, Henry B. Hams- berger, J. C. Hill, James 0. Hensley, John Hen- son, C. E. Hodges, John Q. Hodges, JohnM. Hud- gin, Thomas P. Jackson, Reuben Johnson, B. F. Jones, James D. Jones, R. G. W. Jones, A.M. Keiley, James Keith, John A. Kelly, J. H. Kelly, Luther Lee, jr., Frank W. Lindsey, James Lipscomb, William Lovenstein, F. W. Mahood, F. L. Mar- shall, Stephen Mason, Joseph H. Massie, William Matthey, J. A. McCaull, Bernard McCracken, William McDonald, William McLaughlin, Robert A. Miller, David J. Miller, J. B. Miller, jr., Peter G. Morgan, Samuel B. Morrison, John R. Moss, Benjamin H. Moulton, Rufus A. Murrell, J. H. Noble, F. S. Norton, Robert Norton, Alexander Owen, David Pannill, Thomas C Parramore, Rob- ert O. Peatross, Caesar Perkins, F. M. Perkins, Robert B. Poore, John R. Popham, W. A. J. Poiti, William H. Ragsdale, George L. Seatbn, Arthur S. Segar, Thomas M. Shearman, John H. A. Smith, G. H. Southall, S. V. Southall, J. C. Shellm, L. R. Stewart, J.ohn R. Strother, Josiah TattVlm, Wil- 562 POLITICAL MANUAL. liam P. B. Taylor, John F. Terry, E. F. Tiller, James C. Tdy, Pavid Thayer, C. Y. Thomas, John B. Thurman, Smith S. Turner, George Walker, James W. Walker jr., William' J. Wall, John Wat- son, Watson E. Wentworth, D. B. White, Ellis Wilson, William L. WUliams, W. M. Winn, W. W. Wood, B. L. Trob(Zsore,A. L.Woodworth, George Young, Zeph. Tumer, Speaker — 132. Nats— 0. VOTES OF NEW YOKK AND OHIO, THE FOB- UEB ON RESCINDING A FBEVI0V8 BATIFI- CATION AND THE LATTEB ON BATIFICA- TION AFTEE A PBEVIODS REJECTION.* New York. , Senate, January 5, 18*70. YsAS—MesBTs: A.Bleecker Banks, Isaiah Blood, Jolm T. Bradley, William Cauldwell, Thomas J. Creamier, Samuel H. Fro^tMenry W. Genet, Wil- liam M. Graham, John F. SijMiard,jr., Jarv. Lord, George Morgan, Senry G.-Murphy, Christopher F. Norton, Michael JS/orton, George S. Sar^ord, William M, Tweed'— 16.. Nats — ^Messrs. George Bowen, William H. Brand, Orlpw W. Chapman-, Angustus E. Elw.opd, George N. Kennedy, Loren L. Lewis, Theodore, L. Mmier, Abraham X. Parker, Allen D. Scott, Francis S. Thayer, Norris Winslow, James Wood, William B. Woodin— 13. AssEMBLT, January 5, 1870, Yeas — Messrs. Seymour. Ainpworth, Orson M. Allaben, Frdnds B, Baldwin, George J, Bamler, Gershon Bancker, Daniel D. Barnes, , James G. Benp,ett,.William G. Bergen, John J. Blair, John Brown, I)ennis Burns, ^Timothy J. Campbell, John- Carey, Owen Cavandgh, Hugh M. Clark, Wil- liam W. Cook, William C. Coon, Henry J. Cul- len, jr., John Davis, Daniel G. Dodge, Joseph Droll, John F- Empie, John L. Flagg, Richard Flanagan, Patrick J. Flynn, Alexander Frear, Isaiah Fuller, Abraham E. Hasbrouch, Odell S. Hathaway, Bernard Haver, John M. Hennessey, Morgan Horton, Abraham Howe, James Irving, John C. Jacobs, St. Perrie Jerred, William 0. Jones, Lawrence D- Kiernan, Charles H. Krack, jr., John Ij. La Moree, Thomas J. Lanahan, Ed/ward D. Lawrence, Thomas J. I/yon, Godfrey I}. .Mar- tine, Peter Mitchell, James J. Mooney, William, W. Moseley, Michael C. Murphy, Owen My/rphy, William D. Murphy, Martin JSfachtmann, Jarnes M. Nekon, Dennis O'Keeffe, Edward L Patrick, Lewis S. Payne, Jam,es B. Pearsall, George W. PlunkiU, Harry B. Ransom, Edward D. Ronan, James Shanahan, Brinley D. Sleight, William W, Snow, Robert R. Steele, Edward Sturges, Silas Sweet, John Tighe, Hiram Van Steenburgh, James Toung, William Hitchman, Speaker — 69. Nats — Messrs. Thomas G. Alvord, Isaac V. •Baker, jr., Matthew P. Bemus, John Berry, Al- bert H. Blossom, Alpheus Bolt, William 'Brad- ford, Samuel L. Brown, Volney P. Brown, Wil- liam W. Butterfield, J. Thomas Davis, Clayton H. De Lano, John H. Deming, Jay Dimiok, William H. lEaker, William M. Ely, Charles N. Flanagin, Charles Foster, James Franklin, George M. Glea- 8on, James S. Graham, Stephen S. Green, Amasa HaU, Stephen S. Hewitt, Marcus A. Hull, James W. Husted, Eugene Hyatt, Eichard Johnson, Leonard C. Kilham, i)e WittC. Littlejohn, Sam- • Bee pj). 19B,aQd 196, Manual of 1869, uel S. Lowery, Samuel T. Maddox, T. Warren Merchant, 'David M. Miner, David H. Mulford, Daniel A. Northrop, Lyman Oatman, Julius M. Palmer, John ''arker. Jay A. Pease, Jaines H. Pierce, Henry Bay, William T. Eeirier, Jam^ Eob.erts, Lee E. Sanhorn, James A. Seward, Gus- tavus Sniper, Thomas Stevenson, Nathan B. Tefft, Edward C. Walker, George N. West, John H. White, David E. Wilson, Orange S. Winans, Anson S. Wood, Charles S. Wright— 56. Ohio. Senate, January 14, 1870. Yeas — Messrs. John Bartram, James A. Bell, Abel M. Corey, Jerry Dunbar, Homer Everett, Moses D. Gatch, Michael Goepper, A. P. Howard, Homer C. Jon^s, Plenry MoICinnoy, Peter Odiin, Benjamin F. Potts, Joseph M. Boot, Eodney M. Stimson, Worthy S. Streator, Deciers S. Wads, Thomas A. Welsh, Laurin D.Wood worth, Thomas H. Yeatman — 19. Nats — Messrs. James Amos, Charles Boe- sel, Jarnes M. Burt, Lewis D. Campbell, John Cowan, M. A. Daugherty, James Emmitt, Samuel T. Hunt, Adin G. Hibos, WUliam H. Holden, James R. Hubbell, James B. Jamison, A. E. Jen- ner, L. B. Leeds, Nathan C. Lord, Hinchman 8. Prophet, John L. Winner, John Woodbridge — 18. House of Eepeesestatives, January'ZQ, 1870. Yeas— Messrs William Adair, E, W. Anderson, Bethel Bates, H. M. Bates, M. W. Beach, S. E. Blakeslee, E. Bogardus, A. H. Brown, Samuel C. Bowman, James Bradbury, George W. Brooke, John A. Browu, E. P. Cannon, A. J. Cunning- ham, H. W. Curtiss, E. B. Dennis, Joseph H. Dickson, William H. Enochs, Ed. H. Fitch, Samuel H. Ford, Eobert C. Fulton, Thomas GefFs, Elijah Glover, Wilson W. Griffith, Samuel Hayward, A. Hill, B. L. Hill, George H. I-Iill, Peter Hitchcock, George A. Hubbard, William N. Hudson, Ellis N. Johnson, jr., Thomas F. Joy, E. F. Kleinsohmidt, A. P. Lacey, John Lit- tle, J. K. Mower, A. Munson, W. 0. Parker, William Park, John A. Price, William Eitezel, James Sayler, E. M. Stanton, George W. Steele, James A. Sterling, Jarnin Strong, jr., Samuel N. Titus, J. C. Ullery, N. H. Van Vorhees, M. J. Williams, William S. Williams, John P. Wil- liamson, William W. Wilson, J. K. Wing, Alfred Woloott, G. I. Young— 57. Nats— Messrs. William T. Acker, William Armstrong, Isaac Anstill, R, P. L. Baber, George S. Baker, John Baker, Edward Ball, John Bet- telon, Daniel J. Callen, William T. Cessna, Jos^h R. Cockerill, James E. Chase, Levi Colby, Wil- liam T. Conkling, Thomas A. Corcoran, James W. Devose, Ozro J. Dodds, Elias Ellis, E. H. Gaston, Lewis Green, Thomas I. Haldeman, James H. Hambleton, S. M. Heller, John L. Hughes, John D. Kemp, A. C. Kile, John Kisor, Jesse Leohner, John li. Love, John G. MarsJiall, Jason Me Vey, William Milligan, Samuel R. Molt, jr., William Pace, Thomas W. Peckinpangh, Miehael V. Ream, James Robinson, Henry Schirck, Henry Schoenfeldt, John Seitz, Aaron B. Shafer, William Shaw, Lewis W. Sifford, Gar- ret B. Smith,' A. Soule, E. T. Stickney, W. Still- well, John D. Thompson, E. M. Walker, A. Ward, John A. Weyer, Clark White, John C. Waldron, William R. Wilson, Hiram W. Winslow— 55. LIV. LAND SUBSIDIES, 1827-1870. Grant to tne State of Indiana in aid of the Wabash and Erie Canal. The first grant of public lands for the purpose of aiding internal improvements was made to the State of Indiana for the Wabash and Erie canal, in 1827, by an act entitled "An act to grant a certain quantity of land to the State of Indiana for the purpose of aiding said State in opening a canal to connect the waters of the Wabash river with those of Lake Erie."* It provides; "That there be, and hereby is, granted to the State of Indiana, for the purpose of aiding the said State in opening a canal to unite at navigable points the waters of the Wa- bash river with those of Lake Erie, a quantity of land equal to one-half of fiive sections in width on each side of said canal, and reserving each alternate section to the United States, to be se- lected by the Commissioner' of the Land Office, under the direction of the President of the Uni- ted States, from one end thereof to the other ; and the said lands shall be subject to the disposal of the Legislature of said State for the purpose afore- said, and no other : Provided, That the said canal, when completed, shall be and forever remain a public highway for the use of the Government of the United States, free from any toll or other charge whatever, for any property of the United States, or persons in their service, passing through the same : Provided, That said canal shall be com- menced within five years, and completed in twenty years, or the State shall be bound to pay- to the United States the amount of any lands previously sold, and that the title to purchasers under the State shall be valid." This act granted to the State of Indiana 1,439,- 279 acres.f The bill was reported from the Com- mittee on Roads and Canals by William Hend- ricks, of Indiana, and passed both Houses by the following vote (politics not indicated) : Im Senate, February 13, 1827. Yeas— Messrs. David Barton, Ephraim Bateman, Samuel Bell, Thomas H. Benton, Dominique Bouligny, Ezekiel F. Oliambers, Dudley Ciiase, John E. Baton, William Henry Harrison, ASTilliam Hendricks, John Holmes, Eiohard M. Johnson, Josiah S. Johniston, Elias K. Kane, William Eufus King, Nehemiah R. Knight, John McKinley, William Marks, James Noble, Thomas p. Reed, Henry M. Ridgely, A'sher Eobbms, Benjamin' Eiiggles, Horatio Seymour, Nathaniel Sils- beej Samuel Smith-,. JSsse B. Thomas, Calvin Wiiley— 28. Nays— Messrs. John Branohj John Chandler, Thomas Clayton, ThomaB W. Cobb, Mahlon Diokerson, Henry W. Edwstrds, William Findlay. Robert Y. Hayne, Na- thaniel Macon, John Randolph, Nathan Sanford, Wil- liam Smith, Littleton W. Tazewell, Levi Woodbury— 14. In House of REPKESENiAiivEa, March 2, 1827. The bill passed without a division, the yeas and nays having just before been taken on a precisely similar proposition, granting lands to aid in the *i V- S. Stats., p. 236. t^ep. Com. Land Qffioel8C7,p. 257. construction of a canal between the Illinois river and Lake Michigan, which vote was as follows : Yeas— Messrs. Parmenlo Adams, Adam R. Alexander, Luther Badger, Mordeoai Bartley, John Barney, Eatliff Boon, William L. Brent, Richard A. Buokner, John W. Campbell, .James Clark, Lewis Condict, Benjamin IW. Crowninshield, Clement Doraey, Henry W. Dwight, Samuel Edwards, Edward Everett, John Findlay, James Findlay, Chauneey Forward, Henry H. Gurley, Abra- ham B. Hasbrouck, Moses Hayden, John F. Henry, Eb- enezer Herrick, George Holcombe, Samuel Houston, Daniel Hugunin, jr., Charles Humphrey, Ralph J. In- gersoll, Jacob C. Isacks, Jonathan Jenning.'*, Jose'ph Johnson, Francis Johnson, Samuel Lathrop, .Joseph Lawrence, Joseph Lecompte, Robert P. Letcner, Peter Little, John Lock, Eollin C. Mallary, John H. Marabie. Henry C. Martindale, DudlSJf Marvm. Robert MeHatr ton, Samuel McKean, William McLean, Ezra Meech, Charles F. Mercer, Orange Merwin, Thomas Metcajf, John Miller, James S. Mitchell, John Mitchell, George E. Mitchell, James C. Mitchell, Thomas P. .Moore, Thomas Newton, George W. Owen, George Peter, Tim- othy H. Porter, Alfred H. Powell, John Reed, Robert S. Rose, Henry H. Eoss, Joshua Sands, John Scott, Thomas Shannon, Thomas H. Sill, John Sloane, An- drew Stewart, James Strong, Samuel Swan, John Test, Gideon Tomlinson, David Trimble, Ebenezer Tucker, Joseph Vance, Samuel F. Vinton, George E. Wales, Aaron Ward, Daniel Webster, John C. Weems, Thomas Whipple, jr., Barton White, Elisha Whittlesey, Charles A. Wickliffe, James Wjlson, John Woods, John C. Wright, William S. Young— 90. Nats — Messrs. William Addama, Mark Alexander, Willis Alston, William G. Angel, Henry Ashley, John Bailey, John Baldwin, lohabod Bartlett, Noyes Barber, John S Barbour, Francis. Baylies, John Blair, Titus Brown, Joseph H. Bryan, James Buchanan, William Burleigh, Samuel P. Carson, George Gary, Nathaniel H. Claiborne, John Cocke, Henry W. Conner, George W. Crump, Thomas Davenport, William Deitz, William Drayton, Nehemiah Eastman, John For.syth, Andrew E. Govan, Robert Harris, Jonathan Harvey^ CharlesfE. Haynes, Richard Hines, Aaron Hobart, Michael Hoff- man, Jeromus Johnson, David Kidder, Tliomas ■ Kitr tera, Jacob Krebs, Edward Livingston, John Long. William McCoy, George McDuffie, vVilliam McMantis, James Merriwether, Daniel H. Miller, Charles Miner, Jeremiah O'Brien, Robert Orr, Elisha Phelps. George ■Plumer, James K. Polk, James W. Ripley, William- C. Eives, Lemuel Sawyer, James S. Stevenson, John Tal- iaferro, Starling Tucker, John Varnum, Gulian C. Ver- planck, Elias Whittemore, Lewis Williams, John Wil- son, George Wolf, Silas Wood, John WurtS' — 67. It was then signed by the President, John Quincy Adams, on the same day. Grant to the State of Illinois in aid of the Illi- nois Central Railroad. The first grant of public lands in aid of ttle construction of railroads was that made by "An act granting the right of way and making a grant of land to the States of Illinois, Mississippi, and Alabama, in aid of the construction of a railroad from Chicago to Mobile," in 1850.* This act provided (sec. 2) "That there be, and .is hereby, granted to the State, of Illinois, for the purpose of aiding in making the railroad and branches aforesaid, every alternate section of land designated by even numbers, for six sections in width on each side of said road and branches." It also provided, that in case any of the land bo *9 U. S. Stats., p. 466. 563 564 TOLITICAL MANUAL. granted shoalcT have been sold, or the right of I pre-emption should have attached, before the line of the road was definitely ascertained, agents ap- pointed by the Governor of Illinois should select other lands; none of such lauds, however, to be farther than fifteen miles from the line of the road." Sec. 3 provided that the land which shall re- main "to the United States within six miles on each side of said road and branches shall not be sold for less than double the minimum price of the public lands." Sec. 4 reserved the right to the United States to use the said roadiree from toll or other charge upon the transportation of any property or troops of the United States. Sec. 7 extended the provisions of the act to the States of Alabama and Mississippi to aid in the oonftnuatiou of the Central railroad from the mouth of the Ohio river to Mobile. The estimated amount of land inuring under ■this grant was 2,595,053 acres,* all of which has been certified. The bill was introduced by Stephen A. Doug- las, of Illinois, reported from the Committee of Public Lands by Mr. Shields, of Illinois, and passed both houses by the following vote: In Senate, May 2, 1850. YEABf — Messrs. Daind R, Atchison, George E. Badger, John Bell, Thomas H. Benton, Solon Borlttnd. Jefise D. Bright, Lewis Cms^ Thoraas Corwin, Jefferson Daiiis, Henry Dodge, Augustus C. Dodge, Stephen A Dougl^as, Sot- omon U. Downs, Henry S. Foote, ^muel Houston, George W. Jones, William Rufus .ffint;, Willie P. Mangnm, Jack- son^orton, WiUtam K.Seliastian,Vii\\\nm H Seward, James Skidds, Truman Smith, Daniel, Sturgeon, Jose.ph R. Underwood, Isaac P. Walker— 2ii. Nats — Messrs. James W. Bradbury, A ndrew P. Butler, Salmon P. Chase, John H. Clarke, William C. Dawson, William L. Dayton, Robert M. T. Himter. Jacob W. Mil- ler, Moses-Norris,j'-., Samuel S. Phplp.«. Thomas G. Pratt, Hopkins L. Turney, John Wale.s, David L. yiilee—li, Not totixg — Mes.TS Boger S. Baldwin, John MoP. Berrien, John C. Calhoun, Henry Clay, Jere. Clemens, James Cooper, John Davis, Daniel S. Dickinson, Alpheus Fetch, Albert (■. Greene, John P. Hale, Hannibal Ham- Un, James M. Mason, James A. Pearce, Thomas J, Rusk, Pierre Soule, JVesfe// Spruance, William Upham, Daniel Webster, James Whitcomb — 20. Of those not voting Messrs. Greene and Spru- ance voted "aye" on the same proposition two years before, and Messrs. Calhoun and Hale voted "no." In House of Eepbesentatives, Sept. 17, 1850. Yeas — Messr.g. Nathaniel Albertson, Charles Allen, ■William J. Alston, Josiah M. Anderson, George R. An- drews, George Ashmun, Edward D, Baker, Kingsley S. Bingham, William H Bissell, David A. Bokee, l^anklin W, Boviden, Richard I. Bowie, James B. Bowlin, George Briggs, James Brooks, Albert G. Brown, William J. Brown, Alexander W. Buel. Lorenzo Burrows, Thomas B. Butler, E. Carringlon Cabell, Sani'iiel Calvin, Joseph Casey, Joseph R. Chandler, Chauncey F. Cleveland, Thomas L. Ciingman, Williamson E. W. Cobb, Or.sanius Cole, Moses B. Corwin, John Crowell, James Duane Doty, James H.. Duncan, Cyrus L. Dunham, CHAKLiiS DmiKEE, Samuel A. Eliot, Winfield S. Featkersion. John Freedley, Meredith P. Gentry, Edward Gilbert, Willis A. Gorman, Daniel Gott, Herman D. Gould, James S. Green, Joseph Gi'innell, Willard P. HalL Ransom Hal- loway, A^xdrew J. Harlan, Sampson W. Harris, Thomas L. Harris, Andrew K. Hay, Thomas S. Haymond, MoscM Hoagland, Volney E. Howard, David Hubbard, Sam- uel W. Inge, Joseph W. Jackson, Robert W. Johnson, George W. .Julian, David S. Kaufman, James G. King, John A. King, Emile La Sere, Shepherd Le^er, Horace «Rop. Com. Land Office 1S07, p. 263. fDemocrats in italics, Whigs in roman, Freesoilers in SUAL^ CAPS. Mann, Oisamus B. Matteson, John A McClernand, Robert M, UcLane, William JUc Willie, Charles S. More- head, Isaac E. Morse, James L. Orr, John Otis, John S. Phelps, J. Phillips Phoenix, Charles W. Pitman, Harvey Pntnam, William A. Richardson, Elijah Bisley, John L. Robinson. Robert L. Rtise, Abraham M. Sohermerhorn, John L. Schoolcraft, EJbridge G. Spaulding, William Sprague, Edward Stanley, Frederick P. Stanton, Richard H, Stanton, Alexander H. Stephens, John L. Taylor, Jacob Thompson, John E. Thurman, Walter Underbill, Hiram Walden, Lorm P. Waldo, John Wentworth, Hugh White, William A. FPAattese,!/, Christopher H. Williams, Amos E, Wood, George W. Wright, Timothy R, Young,^ 101. Nats— Messrs. Henry P. Alexander, WiUiam S. kshe, Tliomas H. Arerett, James M, H. Scale, Walter Booihe, Armistead Burt, Joseph Cahte, Joseph P. Caldwell, Lewis D. Campbell, David K. Cartter, Cliarles E. Clarke, Wil- liam F, Coleock, Jesse C. Dickey, Milo M. Dimmick, David T, Disney, Nathan F. Dixon, William Duer, Henry 4. Edmundson, Alexander Evans, Nathan Evans, Orin Fowler. Thomas J, D. Fuller, Eibridge Gerry, Alfred Gil- more, William T. Hamilton, Moses Hampton, Hugh A, Haralson, Isham G, Hairis. Harry Hibbard, Alexander R. Ilolladay, John W. Howe, William F. Hunter, William T. Jackson, Andrew Johnson, George W. Jones, John B. Kerr, George G. King, Preston Kino, Nathaniel 8. Lit- tlcHeld, Job Mann, Humphrey Marshall, James McDowell, Edward W, McGaughey, Thomas McKissock, Jomes X. McLanahan, Fayette McMullen, John McQueen, John K. Miller, JohnS. Millson, Henry D Moore, Jonathan i), Morris, William Nelson, David Outlaw, Richard Parker^ Charles H. Peaslee, Emery D. Potter, Robert R. Reed, John Robbins, jr., Tliomas Ross, David Rumsey, jr., John H. Savage, CuR-ea SawteUe, Robert C. Sehenck, James A. Sedd'on, Augustine H. Shepperd, Thaddeus Stevens, Charles Stetson, James H. Thomas, James Thompson. Abraham ' W. Venable, Samuel F. Vinton, Daniel Wallace, Albert G. Watkins, Isaac Wildrick, Jo- seph A. Woodward. — 75. The bill was signed by the President, Zachary Taylor, September 20, 1850. Grant to the Union Pacific Bailroad Company. The first grant of lands made to any corpora- tion to aid it in building its railroad was to the Union Pacific Kailroad, in 1862, by an act enti- tled "An act to aid in the construction of a rail- road and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Govern- ment the use of the same for postal, military, and other purposes." Section 1 creates the corporation and provides regulations for its government. bection 2 provides "That the right of way through the public lands be, and the same is hereby, granted to said company for the con- struction of said railroad and telegraph line ; and the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road earth, stone, timber, and other materials for the construction thereof; said right of way is granted to said rail- road to the extent of two hundred feet iji width on each side of said railroad where it may pass over the public lands, including all necessary grounds for stations, buildings, workshops, and depots, machine-shops, switches, side tracks, turn- tables, and water stations. The United States shall extinguish as rapidly as may be the Indian titles to all lands falling under the operation of this act and required for the said right of way and grants hereinafter made." Section 3 provides " That there be, and is here- by, granted to said company, for the purpose of aiding in the construction of said railroad and telegraph line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores thereon, every alternate LAND SUBSIDIES. 565 section of public land designated by odd num- bers, to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits of ten miles on each side of said road, not sold, reserved, or other- wise disposed of by the United States, and to which a preemption or homestead claim may not have attached at the time the line of said road is definitely fixed: Provided, That all mineral lands shall be excepted from the operation of this act ; but where the same shall contain timber, the timber thereon is hereby granted to said com- pany. And all such lands so granted by this section, which shall not be sold or disposed of by said company within three years after the entire road shall have been completed, shall be subject to settlement and preemption, like other lands, at a price not exceeding one dollar and twenty- five cents per acre, to be paid to said company." Section 5 authorizes the issue of bonds to the amount of $16,000 per mile, which shall consti- tute a first mortgage on the road. Section 6 provides that all compensation for services rendered for the Government shall be applied to the.payment of the bonds and interest, and that at least' five per cent, of the net , earn- ings of the road shall be applied annually to payment of the same. Section 18 provides that when the net earn- ings of the road shall exceed ten per cent., ex- clusive of the five per cent, to be paid to the United States, Congress may reduce the rates of fare thereon. It is estimated* that there inures to the Union Pacific Eailroad Company, under this grant, 35,000,000 acres. This act was reported in the House by Mr. Campbell, of Penn., from the Pacific Eailroad Committee, and passed bpth Houses by the fol- lowing vote: In House op Rbpebsentatives, April 8, 1862.f Yeas — Messrs. Cyrus Aldrioh, William, Allen, John B. Afley, Isaac N. Arnold, James M. .\shley, Fernando V. Beaman, Charles J JBiddle, John A Bingham, Francis P. Blair, jr., Harrison G. Blake, William G. Brown, James H. Campbell, Andrew J. Clements, Schuyler Colfax, Erastu.? Corning, John Covode,William P. ::ut- ler, William Morris Davis, Isacu: 0. DOaplaine, R. Hol- land Daell, George W. Dunlap, Sidney Bdgerton, Thom- as D. Elliot, Alfred Ely, Eeuben B. Fenton, Samuel C. Fessenden, George P. Fisher, Eichard Franchot, Au- fustus Frank, Daniel W. Goooh, John N. Goodwin, radley F. Granger, John A. Gurley, Edward Haight, William A. Hall, Samuel Hooper, Valentine Horton, John Hvtchins, George W. Julian, William D Kelley, Francis W. Zellogg, John W. Killinger, William E. Lansing, Cornelius li. L. Leary, William JS. Lehman, Dwight lioomis,- John W. llenzies, James K. Moorehead, Anson P. Morrill, John T. Nixon, John W. Noell, Elijah JT. Norton, Abraham -B.-OUn, Nehemiah Perry , Tim othy G. Phelps, Thomas L. Price, Alexander H. Rice, Albert G Eiddle, James S. BolUns, Aaron A. Sargent, Charles B Sedgwick, Samuel Shellabarger, John B. Steele, Thad- deus Sterens, Charles E. Train, Rowland E. Trow- bridge Burt Van Horn. John P. Verree, John W. Wal- lace, Charles W. Walton,' Elijah Ward, Ellihu B. Wash- bmn&,' Edwin B. JTedster, William A.Wheeler, Kellian V. Whaley, James F. Wilson, William Windom, Sam- uel T Worcester— 79. . .„,..,_ „ u..-ij. Nays — Messrs. Sydenham E. Ancona, Elijah Uabbitt, Joseph Bailey, Stephen Baker, Jacob B. Blair, George H Browne, James Bufflnton, Charles B. CdUert. Jacob P. Chamberlain, George T. Cobb, Frederick A. Conkling, Samuel S. Cox, James A. Cravens, John W. Orisfield, John * Rep. Com. Land Office 1867, p. 2S5. rThis was the test vot3, on the first Dili in the House. passage of the J. Crittenden, Alexander 8. Diyen, W. McKee Dunn, James E. English, Henry Grider, Aaron Harding, Richard A. Harrison, Philip Johnson, William Kellogg, Anthony L. Knopp, John Law, Owen Lovejoy, Robert McKnight, Robert MaUory, Justin S. Morrill, Jam^s R. Morris, War- ren P. Noble, Moses P. Odell, Frederick A. Pike, Albert G. Porter, William A, Richardson, James C. Robinson, John P. C. Shanks, William P. Sh^ield, William G. Steele, Benjdmin F. Thomas, Francis Thomas, Carey A. Trimble, Clement L, Vallandigham, Daniel W. VoorUees, William H. Wadsviorth, E. P Walton, Albert S. White, CItarles A. Wichliffe, George C. Woodruff'- — 49. In Seu ate, June 20, 1862. Yeas— Messrs. Henry B. Anthony, Orville H. Brown- ing, Zachariah Chandler, Daniel Clark, JaoobCoUamer, Edgar Cowan, Go/rrett Dams, James Dixon, James R. Doolittle, Solotron Foot. Lafayette S. Foster, James W. Grimes, John P. Hale, James Harlan, Ira Harris, John B. Henderson, Jacob M. Howard, Anthony Ken- nedy, Henry S. Lane, James H. Lane, Milton S. Latham, Joseph A. McDougall, Lot M. Morrill, George W. Nesmith, Samuel C. Pomeroy. Henry M. Rice, John Sherman, Benjamin Starlc, Charles Sumner, Lyman Tru*ibull, Benjamin F. Wade, Waitman T. Willey, David Wilmot, Henry Wilson, Robert Witson — ^35. Nats- Messrs. Timothy O. Howe, Preston King, James A. Pearce, Morton S. Wilkinson, Joseph A. Wright Grant to the Northern. Pacific Bailroad. In 1864 an act was passed granting to the Northern Pacifi? railroad the right of way over the route proposed, and every alternate section, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of the road wherever the route lies through the Territories of the United States, and ten alternate sections per mile wherever the route lies through any State. It provided .that no money should be drawn from the treasury, of the United States to aid in the construction of the s^id rqad, and " that no mortgage or construction bonds. shall ever be issued by said company on said road, or mortgage or lien made in any way, except by the consent of the Congress of the United States." The route proposed was from a point on Lake. Superior, in the State of Minnesota or Wisconsin, by the most eligible railroad route, within the territory of the United States, on a line north of the 45th degree of latitude, to some point on Pu- get's sound, with a branch, via the valley of the Columbia river, to a point at or near Portland, in Oregon, leaving the main trunk line at the most suitable place, not more than one hundred miles from its western terminus. This bill passed both houses by the following vote: Ih House of Repebsentatives, May 31, 1864. Yeas — Messrs. James C. Allen, William B. Allison, Lucien Anderson, Augustus C. Baldwin, John D. Bald- win, Fernando C. Beaman, James G. Blaine, Jacob B. Blair, Sempronius H. Boyd, John M. Broomall, James S. Brown, Amasa Cobb, Alexander H. Coffroth, Cornelius Cole; John A. J. Creswell, Henry Winter Davis, Igna- tius Donnelly, John F. Driggs, John R. Eden, Charles A. Eldridge, John F. Parnsworth, Augustus Frank, James A. Garfield, Daniel W. Gooch, Josiah B. Grin- nell, James T. Hale, William A. Hall, William Higby, Giles W. Hotohkiss, Asahel W. Hubbard, John D. Hub- bard, William D. Kelley, Francis W. Kellogg, Orlando Kellogg, Austin A. King, Anthony L. Knapp, Jesse Lazear, Benjamin F. Loan, John W. Longyear, James M. Marvin, Archibald McAllister, Joseph W. McOlurg, Daniel Morris, Leonard Myers, Homer A. Nelson, War- ren P. Noble, Moses F. Odell, Charles O'Neill, James W. Patterson, Sidney Perham, Hiram Price, John V. L. Pruyn, William H. Randall, Alexander H. Rice, John II. Eice, Edward H. Rollins, .rnwes S- Bollins, John G. Smtt, Thomas B. Shannon Itnaniar C. Sloan, John E. Steele, Wdliam G. Steele, Thaddeus Stevens, Lorenzo D. 566 POLITICAL MANUAL. Jlf. Sweat, M. Eussell Thayer, Charles Upson, Daniel W. Voorhees, Elmh Ward, William B. Washburn, Eellian V. Whaley, Mzra Wheeler, Thomas Williams, A. Carter Wilder, William Windom — 74. Nays — Messrs. John B. Alley, ^dmham E. Ancona-, Portus Baxter, George Bliss, James Brooks, John W. Chanler, Samuel S, Cox, James A. Cravens, John L, Daw- son, Charles Denison, Ephraim R. Bckley, Joseph K. Edgerton. Thomas D. Eliot, Beuben E. Penton, Wil- liam E. Finck, John Qanson, Senry W. Harrington, An- ,son Merrick, William S. Holman, Calvin- T, Hulburd, Ebon C. Ingersoll, WiZliam Johnson, Martin Kal^/ieisch, Francis Kernan, John Law. Francis C. LeBlond, JjeWitt 0. Littlejobn, Alexander Long, Robert Mallori/, Daniel Marcy, James F, MeDoweU, Justin S. Morrill, WiUiam B. Morrison, John O'Neill, Godlove S. Orth, George H. Pen- dleton, Frederick A, Pike, Theodore M. Pomeroy, W?t- liam Ba^ord, Lemis Jf. ijoss, Robert C.Sohenok,6lennl W. Soofield, BUfus P. Spalding, John D. Stiles, Henry W. Tracy, WiUiam H.Wadsworth, Ellihu B. Washbume, Joseph W. White, James F. Wilson, Charles B. Winr fiOd— SO. In the Senate the bill passed without a di- ■visian. The estimated number of acres inuring under this grant is 47,000,000. At the present session of Congress'— the second session of^ the Forty-First Congress — ^the follow- ing act was passed : A EESOLUTiou authorizing the Northern Pacific Eailroad Company to issue its bonds for the construction of its road and to secure the same by mortgage, and for other purposes. Resolved, &c.. That the Northern Pacific Bail- road Company be, and hereby is, authorized to issue its bonds to aid in the construction and equipment of its road, and to secure the same by mortgage on its property and rights of property of all kinds and descriptions, real, personal, and mixed, including its franchise as a corporation ; and, as proof and notice of its legal execution and effectual delivery, said mortgage shall be filed and recorded in the of&ce of the Secretary of the Interior ; and also to locate and construct, under the provisions and with the privileges, grants, and duties provided for in its act of in- corporation, its main road to some point on Puget soarid, via the valley of the Columoia river, with the right to locate and construct its branch from some convenient point on its main trunk listf across the Cascade mountains to Puget sound; and in the event of there not being in any State or Territory in which said main line or Dranch may be located, at the time of the final location thereof, the amount of lands per mile granted by Congress to said company, within thelimits pre- scribed by its charter, then said company shall be entitled, under the directions of the Secretary of the Interior, to receive so many sections of land belonging to the United States, and desig- nated by odd numbers, in such State or Terri- tory, within ten miles on each side of said road ^eyond the limits prescribed in said charter, as will make up such deficiency, on said main line or branch, except mineral and othei lauds, as ex- cepted in the charter of said company of 1864, to the amount of the lands that have been granted, sold, reserved, occupied by homestead settlers, pre-empted, or otherwise disposed of, sub- sequent to the passage of the act of July 2, 1864. And that twenty-five miles of said main line, between its western terminus and the city of Portland, in the State of Oregon, shall be com- pleted by the 1st day of January, A. D. 1872, and forty miles of the remaining portion thereof each year thereafter, until the whole shall be completed between said points: Provided, That all lands hereby granted to said company, which shall not be sold or disposed of or remain subject to the' mortgage by this act authorized at the expiration of five years after the completion of theentire road, shall be subject to settlement and pre-emption, like other lands, at a price, to be paid to said company not exceeding $2 50 per acre; and if the mortgage hereby authorized shall at any time be enforced by foreclosure or other legal proceeding, or the mortgaged lands hereby granted, or any of them, be sold by the . trustees to whom such mortgage may be exe- cuted, either at its maturity or for any failure or default of said company under the terms thereof, such lands shall be sold at public sale, at places within the States and Territories in which they shall be situate, after not less than sixty days' previous notice, in single sections or subdivisions thereof, to the highest and best bidder: Provided further. That in the construction of the said rail- road, American iron or steel only shall' be used, the same to be manufactured from American ores ■ exclusively. Seo. 2. That Congress may at any time alter or amend this joint resolution, naving due regard to the rights of said companv and any other parties. Approved, May 31, 1870. The final vote on this bill was ae follows : Is Sbkatb, April 21, 1870. Yeas— Messrs. Ames, Anthony, Brownlow, Bucking- ham, Cameron, Chandler, Cole, Corbett, Cragin, Fen- ton,. Ferry, Flanagan, Hamilton of Texas. Hamlin, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Maine, Morri'J of Vermont, Norton, Nye, Osboru, Pat- terson, Pomeroy, Ramsey, Revels, Rice, Robertson, Sawyer, Scott, Spencer, Stewart, Sumner, Thayer, Trumbull, Williams, Wilson, Yates — 40. Nats — Messrs. Bayard, Boreman, Casserly, Fowler, Harlan, McOreery, Morton, Pratt, Saulsbui^y, Schurz,Wil- ley— 11. In House of EEPEESENiATives, May 26, 1870. Yeas— Messrs. Allison, Ames, Archer, Armstrong, At- wood, AxteU, Aver, Bailey, Banks, Bamum, Barry, Ben- nett, Benton, Bingham, Blair, Booker, Bowen, Boyd^ George M. Brooks, Buckley, Burdett, Roderick R. But- ler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Cbnner, Covode, Cowles, Dawes, Deg^ ener, Dickey, Dixon, Doukery, Dox, Ferriss, Ferry, Fitch, Mx, Garfield, Gibson, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnstm. Alexander U. Jones, Kelley, Eellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCarthy, McKee, McKensie, Morphis, Daniel J. Morrell, Morrisseyj Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Pomerdy, Pfosser, Boots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, SiMber, Joseph S. Smith, William J. Smith, Worthington C. Smith, Wm. Smyth, Starkweather, Stokes, Stough- ton, Strickland, TaflFe, Tanner, Tillman, Townsend, THmbU, Twichell, Van Auken, Cadwalader C. Washburn, William B. « ashburn, Wheeler, Whitmore, Wilkinson, BugeruM. Wilsrni — 107. Nays— Messrs. Ambler, Arnell, Asper, Beatty, Beck, Biggs, Bird, James Brooks, Buffinton, Burohard, Cessna, Sidney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cox, Crebs, CuUom, Dickinson, Donley, Duval, Dyer, Ela, EUtridge, Farnsworth, Finkelnburg, Getz, Oriswold, Haight, BaWeman, Hale, Bamill, Hawkins, Hawley, Hay, Heflin, Hill, Bolmun, Ingersoll, Kerr, Knott, Lawrence, Lewis, Marshall, Bayliam, MeCrary, McGrew, McNeely, Merour, Eliakim H. Moore, Jesse H. Moore, William Moore. Morgan, Orth, Packard, Packer, Paine, Potter, Randall, Reeves, Sice, iBnffers, Sargent, Schofield, Shanks, John A. Smith, Stevens, Stevenson, Stiles, Stone, Strong, Swann, Taylor, IVner, Upson, Van Wyck, Voorhixs, Ward, Willard, Williams, John T. Wilson, Winatts, Witcher, Woodward — 8&. LAND SUBSIDIES. 567 Fcevious Votes. In Senate. 1870, February 8 — Mr. Rameey introduced the resolution which on February 22 was reported feora the Committee on the Papifip Railroad, as follows : Be it resolvedi &c., That the northern Pacific Railroad Company be, and hereby is, authorized to issue its bonds to aid in the construction and, equipment of its road, and to secure the sam^ by, mortgage on its property and rights of property of all kinds and descriptions, real, personal, and mixed, including its franchise as a, corporation ; ^d, as propf and notice, of its legal execution and effectual delivery, said mortgage shall be, filed and recorded in the office, of the Secretary of the Interior, and wljen so filed sjiall T?e deemed to be a good and sufficient conveyance of, all the rights and property of said company as therein expressed, and also to locate and construct, under the provisions and with th? privileges and duties, provided for in its act of incorporation and the ajHiendments'thereto, its main road to its western terminus, via the valley- of the Columbia River, ■^ith the right to locate, and construct its branch from some ' convenient point on ifa main trunk line, across' the Cascade mountains, to' Puget Sound; and in the event of there not being in any State or Territory in which said main line or branch may be located, at the time, of the final location thereof, the amount of lands per mile granted by Congress to said company, within the limits prescribed by its charter, then said company stiall be entitled, under the directions of tne Secretaiy of the Interior, to receive so many sections of land belonging to the United States, and designated by odd numbers, in such State or Territory, within ten miles on each side of said road beyond the limits prescribed in said charter, as will make up, such dieflciency on said mam line or branch. And that twenty-five miles of said main line, between its western terminus and the city of Portland, in the State of Oregon, shall be completed by the 1st day of January, A. D. 1872, and forty miiles of the Remaining portion thereof each year thereafter, until the whole shall be completed betvfeen said points. April 11-^Mr. Thurman moved to insert at the end of the resplin.tion th9 following : And the rights and privileges hereby conferred upon said company, and the grants orland here- by made to it, are conferred and made upon thfe following express conditions, to wit: First. That the alternate sections of land here- tofore or hereby granted to said company, except such portions thereof as shall be laid out by said company' ill town or city lots, and such portions thereof as shall be used bj; it for depotSi( ditches, water-stations, round-houses, coal, wood, lumber, and cattle-yards, sites for workshops, and other buildings or structures necessary for said road or branch road, shall be sold l?y said qompafUy to actual settlers upon the same and" to no other person or persons; and liO such settler shall be entitled to purchase more than one hundred and sixty acres thereof, nor shall he or those claiming under him recejve a deed therefor until the same shall have been actually occupied by him or by him and them at least two years. Second. The price at which saidi lands shall be sold by said company to actual settlers, as afore- said, shall not exceed $1 25 per acre, with inter- est at the rate of six per cent, per annum upon deferred payments. Third. Such actual- settlers shall respectively be entitled to purchase said lands, as aforesaid, in lots of forty, eighty, or one hundred and sixty acres. Fourth. All said lands for sale to actual set- tlers, as aforesaid, that shall not be sold by said company within fifteen years from the passage of, this joint resolution, shall revert to the United States. Fifth. Any mortgage or mortgages of said lands or any, part thereof that maybe made op executed by said company shall be subject to the conditions a,tbresaid in favor of the actual, settlers or of the United States, and no foreclosure of any such mortgage or sale thei;eunder by any trustee or trustees, or under any judicialjudgmentor decree, shall operate to deprive such actual settlers or tjhe. United States of the rights and, privileges hereinbefore specified ; nor shall anytihing in this resolution contained be held to waive the condi- tions upon which patents are td issue, specified i,n section fpur of the charter of said company. Sixth. Within ninety days after the passage of this joint resolution said company shall file in the Department of the Interior its written assent to the foregoing, conditions, and if it shall ^ail so to do, this joint, resolution shall become null and void. Mc. Wilson moyed to strike out the words "heretofore or," in the first of the conditions, which was agreed to — ^y eas 30, nays 9, as follow : Yeas — Messrs. Ames, Anthony, Chandler, Cole, Conk- , ling, Co,rbett,,Cragin, Flanagan, Fowler, Gilbert, Ham- ilton of Texas, HamliD, Howard, Kellogg, McDonald, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Ramsey, Eice, Ross, Sawyer, Stewart, SLimner,'Tipton, Trumbull, ■Williatns, Wilson— 3d. "' Nats' — Mes'sPs. Bd^ard^ Ca^eerly, Davis, Harlan, How- ell, Johnston, McCreery, Pool, Thurman — 9. Mr. Thurman's aniendment was Jien disagreed to — yeas 15, nays 26, as follow: Yeab— Messrs. Anthony, Bayard, Casserly. Cragin, Dwt?iit, Fowler, Harlan, Howell, Johnston, McOreery, foo}^ Stdcktbh, T/iwrman. Tipton, Wilson— 15. Nays — Messr.«). Ames, Chandler, Cole, Conkling, Cor- bett, Drake, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Howard; Howe, Kellogg, MoDonaLd, Morrill of Vermont, Kye, Osborn, Poraeroy, Ram.«ey, Rice, Boss, Sawyer, Stewart, Sumner, Trumbull, Williams— 20. Mr. Wilson moved, to insert after the word "branch," in line 35, the following: ' And the additional alternate sections of land granted by thig resolution shall be sold by the company only to actual settlers, in quantities not exceeding one hundred and sixty acres or quarter-section to any one settler, and at prices net exceeding $2 50 per acre ; Which was disagreed to — yeas 15, nays 22, as follow: Yeas — Messrs. Anthony, Majford. Casserly, Cragin, DoOTS, PoWlef,Hai*lftn, Howell, Jdhnstan, MtCreery, Pool, Thurman. Tipton, Truhibuli, Vickers—\b, NiTS-^MesSrsVAiiies, Chandler, Cole, Corbett, Drake, FlfthagaB', Gilbert; Hamlin; H-oward, Howe, Kellogg, McDonald, Morrill of Vermont, Nye, Osborn', Pomeroy, Ramsey, Rice, Ross, Sawyer, Stewart, Williams— 22. 4pril 2Q. Mr. Harlan moved to strike out the following words : And in the event of there not being in any 568 POLITICAL MANUAL. State or Territory, in which' said main "line or branch may be located, at the time of the final location thereof, the amount of lands per mile granted by Congress to said company, within the limits prescribed by i,ts charter, then said com- pany shall be entitled, under the directions of the Secretary of the Interior, to receive so many sec- tions of land belonging to the United States, and designated by odd numbers, in such State or Ter- ritory, within ten miles on each side of said road, beyond the limits prescribed in said charter, as will make up such, deficiency on said main line or branch* to the amount of the lands that have been granted, sold, reserved, occupied by home- stead settlers, pre-empted or otherwise disposed of subsequent to the passage of the act of July 2, 1864. Which was disagreed to — yeas 11, nays 41, as follow: Yeas — Messrs. Buckingham, Casserly, Davis, Harlan, Howell, McCrexry, Pratt, SavUburyj Sehurz, Thurman, Willey— 11. Nays — Messrs. Ames, Anthony, Brownlow, Chandler, Cole, Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Norton, Nye, Patterson, Pomeroy, Ramsey, Revels, Bice, Robertson, Ross, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, Thayer, Trum- bull, Williams, Wilson — 41. Mr. Howell moved to insert the following pro- viso at the end of the resolution : Provided, That all lands granted by this joint resolution, which shall not he sold or disposed of by said company within five years after the road shall have been completed, shall be subject to set- tlement and pre-emption like other lands, at a price not exceeding $1 25 per acre, to be paid to said company. Which was disagreed to — yeas 13, nays 34, as follow : Yeas — Messrs. Boreman, easterly, Davis, Fowler, Har- lan, Harris, Howe, Howell, McOrtery, Saulsbury, Thur- man, Willey, Wilson— 13. Nays — Messrs. Ames, Anthony. Brownlow. Bucking- ham. Chandler, Cole, Corbett, Cragin, Edmunds, Fen- ton, Ferry, Flanagan, Gilbert, Hamilton of Texas, Ham- lin, Howard, Kellogg, McDonald, Morrill of Maine, Mor- rill of Vermont, Norton, Nye, Osbom, Pomeroy. Ram- sey, Revels, Robertson, Ross, Sawyer, Scott, Sherman, Stewart, Thayer, Williams— 34. Mr. Casserly moved to insert the following proviso; Provided, That all lands granted by this joint resolution, which shall not te sold or disposed of by said company within ten years after the road shall have been completed, shall be subject to settlement and pre-emption like other lands, at a price not exceeding $1 25 cents per acre, to be paid to said company. Which waa disagreed to — ^yeas 16, nays 28, as fqjlow: Yeas- Messrs. Anthony, Boreman, Cameron, Casserly, Davis, Fowler, Hamlin, Harlan, Howe, Howell, Mc- Creaij, Sauhlmry, TImrman, Warner, Willey, Wilson— 16. Nays — Messrs. Ames, Brownlow, iBuckingham, Chan- dler, Corbett, Cragin, Edmunds, Flanagan, Gilbert, Howard, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Norton, Nye, Osbom, Patterson, Pomeroy, Ramsey, Rice, Robertson, Ross, Sawyer, Scott, Stewart, Thayer, Williams— 28. * The remainder of the section was not in the bill as reported from the committee, but seems to have been inserted informally; at what time the record does not show. April 21. — Mr. Thurman moved to insert at the end of the resolution the following : And the rights and privileges hereby conferred upon said company and the grants of land here- by made to it are conferred and made upon this condition : That said company, its successors and assigns, shall forever transport over said road and its branches, free from any toll or charge, all troops, produce, stores, and munitions of war that may belong to the United States. Which was disagreed to— yeas 12, nays 35, as follow : Yeas — Messrs. Ames, Bayard, Boreman, Cameron, Casserly, Harlan, McOreery, Morton, Pratt, Savltbury, Wil- ley, Yates— 12. Nays— Messrs. Anthony, Brownlow, Chandler, Cole, Corbett, Cragin, Fenton, Flanagan, Fowler, Hamliu, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Norton, Nye, Osbom, Pat- terson, Pomeroy, Ramsey, Revels, Rice, Robertson, Sawyer, Scott, Spencer, Stewart,. Sumner, Thayer, Trumbull, Williams, Wilson— 35. Mr. Scott moved to insert at the end of the res- olution the following: Provided, That all lands hereby granted to said company which shall not be sold or disposed of or remain subject to the mortgage by this act au- thorized, at the expiration of five years after the completion of the entire road, shall be subject to settlement and pre-emption like other lands, at a price to be paid to said company not exceeding $2 50 per acre. And if the mortgage hereby au- thorized shall at any time be enforced by fore- closure or other legal proceeding, or the govern- ment lands hereby granted, or any of them, be sold by the trustees to whom such mortgage may be executed, either at its maturity or for any failure or default of said company under the terms thereof, such lands shall be sold at public sale at places within the States and Territories in which they shall be situate; after not less than sixty days' previous notice, in single sections or subdi- visions thereof, to the highest and best bidders. Which was agreed to — yeas 38, nays 8, as fol- low: Yeas— Messrs. Anthony, Bayard, Boreman, Bucking- ham, Cameron, Casserly, Chandler, Cole, Corbett, Cragin, Fenton, Ferry, Fowler, Harlan, Harris, Howard, Howe, Kellogg, HcOreery, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Osbom, Patterson, Pratt, Ramsey, Revels, Saulsbury, Scott, Spencer, Sumner, Thayer, Trumbull, Willey, Williams, Wilson, Yates— 38. Nays — Messrs. Ames, Brownlow, Flanagan, Hamilton of Texas, Nye, Pomeroy, Robertson, Stewart— 8. Mr. Cameron moved to insert at the end of the resolution the following: Provided further, That in the construction of the said railroad American iron or steel only shall be used, the same to be manufactured from Amer- ican ores exclusively. Which was agreed to— yeas 27, nays 18, as follow : Yeas— Messrs. Anthony, Boreman, Brownlow, Buck- ingham, Cameron, Chandler, Cragin, Fen ton, Flanagan, Fowler, Hamlin, Harlan, Harris, Howard, Howe, Mc- Donald, Morton, Nye, Osbom, Patterson, Pratt, Ram- sey, Revels, Scott, Stewart, Thayer, Willey— 27. Nays- Messrs. Ames, Bayard, Casserly, Cole, Corbett, Perry, Kellogg, McOreery, Pomeroy, Rice, Robertson, Saulsbury, Spencer, Sumner, Trumbull, Williams, Wil- son, Yates— 18. In House of Repeesentatives. 1870, May 25— Mr. Hawley moved to amend, by adding to the first section as follows : And provided further. That the privileges here- LAND SUBSIDIES. 569 in granted are upon the following conditions, namely : all the landshelrein or heretofore granted to said railroad company shall be sold to actual settlers only, and in quantities not greater than one hundred and sixty acres to any one person, and for a price not exceeding $2 50 per acre : And provided further, That no mortgage that may be given by said railroad company shall operate to prevent the sale to actual settlers only, upon the terms and conditions herein provided, of all the lands herein or heretofore granted by the United States to said railroad company, and any viola- tion of this condition shall work a forfeiture of all the lands herein or heretofore granted by the United States to said railroad company. Which was disagreed to — ^yeas 78, nays 106, as follow ; Yeas — Messrs. Adwrm, Ambler, Arnell, Asper, Ayer, Beatty, Bijgs, Bird, Jaines Brooks, Buffinton, Burchard, Sidney Clark, Cleveland, Amasa Cobb, Coburn, Cook, Cowles, Cox, Crebs, Cullom, Degener, DicHnson, Donley, Duval, Dyer, Ela, Hldridge, Parnsworth, Finkelnburg, MaigM,Haldeman,Tla,\vkiaa,B.aw\ej, Hay, Hays.Heflin, IngersoU, Judd, Rrr, KrtoU, Lawrence, Lewis, Uarshall, McCrary, McGrew, ilfciVicZy, Mereur, Eliakim H.Moore, Jesse H. Moore, William Moore, Morgan, Packard, Pack- er, Paine, Pomeroy, Potter, liartdall. Reeves, Rice, Rogers, Sargent, Shanks, Hlocum, John A. Smith, William Smyth, Stevenson, Stiles, Tyner, Upson, Ward, Cadwalader C. Washburn, Willard, Williams, John T. Wilson, Wiuans, Witcher, Woodward — 78. Nays — Messrs. Allison, Ames, Archer, Armstrong, At- wood, Axtell, Bailey, Banks, Bamum, Barry, Beaman, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckjey, Burdett, Eoderiok R.Butler, Cake, CalJcin, Cessna, Churchill, William T. Clark, Clinton L. Cobb, Conger, Omner, Covode, Dawes, Dickey, Dixon, Doekery, JJox, Perriss, Ferry, Pitch, i^bx, Garfield, Getz, Gibson, Hale, HamUl, Hamilton, Harris, Hoar, Hooper. Hotchkiss. Johnson, Alexander H. Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Lafiin, Lash, Logan, Lynch, Mayham. Maynard, McCar- thy, McKee, McKenzie, Daniel J. Morrell, Marrissey, My- ers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Prosser, Roots, Sawyer, Schenck, Schu- maker, Lionel A. Sheldon, Sfierrod, Joseph S,Smith,WoTth- ington C.Smith, Starkweather, Stokes, Stone, Stoughton, Strickland, Strong, Swann, Taffe, Tanner, Taylor, Till- man, Trimble, Twichell, Van Auken, William B. Wash- burn, Welker, Wheeler, Whitmore, Wilkinson, Bugme M. Wiis5v^^ Nats — Messrs Allison, Aine8»^ Archer, Armstrong, Atwood, AxtelZ, Ayer, Bailey, Banks, Bamum, Barry» Bennett, Benton, Bingham, Blair, Boles, Booker, BoW- ■ en, Boyd, George M. Brooks, Buckley, Burdett, Rod- erick R. Butler, Cake, (hlldn, Churchill, William T. Clark, Clinton L. Gobb, Conger, Conner, Covode, Cowles, Dawes, Degener, Dixon, Doflkery, Dox, Ferriss^ Ferry, Fitoh, Fox, Garfield, Getz, Hale, Hamitt, Hamilton, Har- ris. Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley. Kellogg, Kelsey, Ketcfaam, Enapp, Laflin, Lash, Lo- gan, Lynch, Mayham, Maynard, McCarthy,. McKensie, Mercur, Daniel J. Morrill, Morrissey, Myers, Negley, Newsham, Packer, Peck, Peroe, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, SchumakeT', Lionel A. Sheldon, Porter Sheldon, Shf-rrod, Shober, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Steiokland, Strong, Swann, Taffe, Tanner, Taylor, Tillman, Town- send, 2Hm6Ze, Twichell, Van Auken, Voorhees, Ward, William B, Washburn, Wheeler, Whitmore, Wilkinson, Eugene J£. Wilson — 112. Mr; Lawrence moved to insert the following additional section: Seo. — . Thatsaid railroad Company shall make ' reports annually, or oftener, if required by the . Secretary of the Interior, of its condition and transactions, and containing all such i-nformation- as said Secretary may require, and in such form 5,nd verified in such manner as he may require. Which was disagreed to — ^yeas 62, nays 95^ as follow : Yeas — Messrs/ Ambler, Archer, Asper, Beatty, Beck, Bird, James Brooks, Buffinton, Burchard, Cessna, Sidney Clarke, AmaaaCobb, Coburn, Cook, Cox, Crebs, CuUom, Dickinson, iJonley, Duval, Dyer, Famsworth, Finkeln- burg, Getz, Halde^fc^Uawle'y,. Hay, Heflin, Salman, Kerr, Knott, ha,wrei&^I^ewis,Ji/arshaU, McGrew, McNeely, Mercnr, Jess'e K^Ma&re^^Vf^^i^i^KfS/basiS^itiMo^gan, Orth, Packard. 'Pa(^;0iJ^ittir, tsea)3im^!Retves/m^fiMgway^ Rogers, Sargent, Slianks, Stevenso-n, Stiles, Tyner, Van Wyok, Voorhees, Ward, Williams, John T. Wilson, Winans^ Witcher, Woodwardr-Q2. Nats — Messrs. Allison, Armstrong, Atwood, Ax^teB,, Ayer, liailey,, Barnum, Barry, Bennett^ Benton, Bing- iam, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Calkin, Churchill, William T. Clark, Con- ger, Conner, Covode, Cowles, Degener, Dixon, Dockery, l)ox, Ferriss, Ferry, Fitch, Ibx, Garfield, Hale, Hamil- ton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kellogg, Kelsey, Ketoham, Knapp, Laflini Lash, Logan, Lynch, Mayham, Maynard, McCarthy, McKee. McKenzie, Morphis, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Paine, Peck, Peters, Phelps, Poland, Pomeroy, Boots, Sawyer, Schumaker, Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Wor- thington 0. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strickland, Tanner, Taylor, Townaend, Sfrimiie, Twichell, Fan .^Wsm,' Wheeler, Wil- kinson, Eugene M. Wilson-^^Q, Mr. Lawrence further moved to amend by adding the following: And the- United States shall have the right, at all times, to take possession of and own the road of said company, and all its appurtenanofes, on paying the actual and legitimate cost thereof, exclusive of the value of the lands granted to said company and the proceeds thereof. Which was disagreed to — yeas 52, nays 115, as follow : Y«As — Messrs. Ambler, Amell, Asper, Beatty, Jamet Brooks,, Buffinton, Burchard, Cessna,' Sidney Clarke, Coburn, Cook, Cox, Orebs, CuUom, Dickinson, Duval, Dyer, Ela, Famsworth, Fmkelnburg, Haldeman, Haw- ley, Hay, Heflin, JSolman, IngersoU, Knott, Lawrence, Lewis, Marshall, McGrew, McNeely,. Eliakim H. Moore, WilUam Moore, Morpliis, Orth, Packard. Packer, Patter, BandaU, Reeves, Rice, Sargent,Shanks,William J. Smith, Stil£s, Tyner, Van Wyck, Williams, Winans, Witcher, Woodward — 62.. Nats — Messrs. Allison,, Ames, Archer, Armstrong At- wood, Axtelh Ayer, Bailey, Bai^mmi, Barry, BecJ:,TBen- nett, Benton, Biggs, Binghain, Bird, Blair, BooJcer, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Beiuamin F. Butler, Roderick R. Butler, Cake, Calkin, Ghnroixill,, Cleveland, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Davis, Dawes, Dixon, Dockery, Donley, Dox, Ferriss, Ferry,. Fitch, Garfield, Getz, Hale, Hamill, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Jdhnson, Kelley,. Kellogg, Kelsey, Kerr, Ketcham, Knapp, Lafiin, Lash, Logan, Lynch, Maynard, McCar- thy, McKee, MeK&mie, Mercur, Daniel J. Blorrell, Samuel P. Morrill, Morrissey, Myers, Negley, .Newsham, O'Neill, Paine, Peck, Perce, Phelp4 Poland,'Pon?6roy, Prosser, Roots, Sawyer, Schenck, taurocAer, Lioiel A. Sheldon,, Porter Sheldon, Sherrod, Shober, John A. Smith, Joseph S, SmUh, Worthington C. Smith; William Smyth, Star^- , weather, Stokes, Stone, Stoughton, Strickland, Strong, TafiFe, Tanner, Taylor, Townsend, Trimble, Twichell, Upson, Van Avken, Voorliees, W^rd, Williani B. Wash- burn, Wheeler, Wilkinson, Eugene if. Wilson — 115. Mr. Coburn moved to insert after the word "pqint," in line sixteen, the,se words: "not ex- ceeding three hundred miles east of the western terminus," so as to provide that the branch shall not be over three h,undj;ed miles, in length. Which was disagreed to — ^yeas 68, nays 99, as follow : Yeas — Messrs. Allison, Ambler, Amell, Asper, Beatty, Bingham, Bird, James Brooks, BufSnton, Cessna, Sid- ney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullpm, Dickinson, Donley, Duval, Dyer, Ela, ' Eldridge, Famsworth, Finkelnburg, Griswold, Haight, Haldeman, Hawley, Hay, Heflin, Holman, IngersoU, Judd, Knott, Lawrence, Lewis, Marshall, McCrary, Me- Gitew, McNeely, Mercur, WilUam Moore, Morgan, Orth, Packard, Packer, Paine, Potter, Randall, Reeves, Rice, Ridgwdy, Sargent, Shanks, John A. Smith, William J. Smith, Stevensoli, Stiles, 'Tyner, Upson, Van Wyck, Voorhees, Ward, Williams, Winans, Witcher — 68. NATS-rMessrs. Ames, Archer, Armstrong^.4rBfeH, Ayer, , Bailey, Barmum, Barry, Bennett, Be^iton, Blaiij, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, CaVcin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covodo, Dawes, Degener, Dixon, Box, Ferriss, Ferry, Fitch, .^a:, Garfield, Geiz, Hamill, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, ^eisey, Ketcham, Knapp, LaSia, Ijash, Logan, Lynch, Maynard, McCarthy, Mc- . Kee, :lfc^cKZM,- Morpljis, Daniel J. Morrell, Morrissey, _ Myers, Negley, Newsham,.Q'Ne"ill,TPeck, Perpe, Peters, Phelps, Poland, Pomeroy, Rogers, Roots, Sawyer, Schenck, Schwmaker, Lionel A. Sheldon, Porter Shel- don, Sherrod, Slwber, Joseph S. Smith, Worthington 0, Smith, William, Smyth, Starkweather, Stokes, Stone, Stoughton, Suiann, Taffe, 'Tanner, Taylor, Tillman, Townsend, Trimble, 'Twichell, Van Auken, William B. Washburn, Wheeler, Whitmore, Wilkinson,, Eugew K, Wilson, Woodv),ard--^Q. Mr. Coburn, further moved to ameind^ by strik- ing out the words,, " and to secure the same by mortgage on its property and rights of property, 572 POLITICAL MANUAL. of all kinds and descriptions, real, personal, and mixed, including its franchise as a corporation;" and inserting these words: "and to secure the same by mortgage on its tracks, depots, rolling stock, and other personal property alone." Which was' disagreed to — ^yeas 59, nays 107, as follow : Yeas — Messrs. Ambler, Arnell, Asper, Beatty, Bird, BufRnton, Burohard, Cessna, Sidney Clarke, Cleedand, Amasa Cobb, Ooburn, Cook, Orebs, CuUom,-.DM!*iMO)», Duval, Ela, Eldridge, Farnsworth, Finkelnburg. Oris- wold, Haighty JScUdeman, Hawley, Hay, Heflin, Holvum, Ingersoll, Judd, Kerr, Knott, Lawrence, Lewis, Mar- shall, McCrary, McGrew, McNeely, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Packer, Ran^ dall. Beeves, Bice, Sargent, Shanks, William J. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyck, Voorhees, Williams, Winans, vviteher — 59. Nays— Messrs. Allison, Ames, Archer, Armstrong, AtVFOod, Axtell, Ayer, Bailey, Barnum, Barry, Bennett, Benton, Bingham, Blair, Booker, Bow6n, Boyd, Buck- ley, Burdett, Roderick R. Butler, Cake, Calkin, Church- ill, William T. Clark, Conger, Conner, Covode, Cowles, 'Dawes, Degener, Dixon, Dockery, Box, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Hale, HamiU, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johrtsan, Kel- ley. Kellogg, Kelsey, Ketcham, Kuapp, Laflln, Lash, Logan, Lynch, Mayuard, McCarthy, MoKee, JtfcJTejizie, Mei'cur, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham. O'Neill, Paine, Peck, Peters, Phelps, Poland, Poraeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, John A. Smith, /osepA S. Smith, Worthington 0, Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strick- land, Swann, Taife, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell,Fan Auken, Ward, William B. Wash- burn, Wheeler, Whitmore, Wilkinson, Eugene M. Wil- son, Woodward — ^107. Mr. Williams moved to add to the 1st section the following : And be it further provided, That the grants of lands herein stipulated to said company are made upon the express condition that the Congress of the United States reserves the right to regulate and limit the rates of freight and fare of passen- gers on said road, whenever, in the opinion of Congress, the same shall become necessary to protect commerce among the several States. Which was disagreed to — yeas 72, nays 94, as follow : Yeas— Messrs. Allison, Ambler. Arnell, Asper; Beatty' Bufifinton, Burohard, Cessna, Sidney Clarke, Amasa Cobb, Cook, Cowles, Cox, Crebs, Cullom, Dawes, Degen- er, Dickinson, Donley, Duval, Dyer, Ela. Eldridge. Fink- elnburg, Garfield, fiaMeman, Hamilton, Hawkins, Haw- ley, Hay, lleflin, Hotman, Inger.?oll, Johnson. Judd, Knott, Lawrence, Lewis, McCrary, McGrew, McNeely, llercur, Eliakim H, Moore, William Moore. Newsham, Orth, Packard, Packer, Paine, Pomeroy, Potter, Ran- dall, Beeves, Bice, Sargent, Shanks, .lohn A. Smith, Wil- liam J. Smith, Stevens, Stevenson, Stiles, Strong, Ty- ner, Upson, Van Wyck, Ward, William B. Washourn, Williams, John T. Wilson, Winans, Witcher, Woodr ward~~12. Nats— Messrs. Ames, Armstrong, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Bird, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Roderick R. Butler, Cake, CalUn, Churchill, William T. Clark, Cleveland, Clinton L. Cobb, Conger, Conner. Covode, Dizon, iox, Ferriss, Ferry, Fitch, Fox, Getz, Hainht, BamiU, Harris, Hays, Hoge, Hooper, Hotchkiss, Kel- ley, Kellogg, Kelsey, Kerr, Ketonam, Knapp, Lafliny Lash, Logan, Lynch, Uayham, Maynard, MeCarlhy, MoKee, Morphis, Daniel J. Morrell, Morrissey, Myers, Negley, O'Neill, Peck, Perce, Peters, Phelps, Poland, Prosser, Boots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Worthington C. Smith, William Smyth, Stark- weather, Stokes, Stone, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Van Auken, Wheeler, Whitmora, Wilkinson, Eugene M. Ifiteot^— 94. The bill then passed both Houses as above. In House. 1870, March 21. — Mr. Holman submitted the following resolution, which was unanimously agreed to : Besolved, That in the judgment of this House the policy of granting subsidies in public lands to railroad and other corporations ought to be discontinued; and that every consideration of public policy and equal justice to the whole peo- ple requires that the public lands of the United States should be held for the exclusive purpose of securing homesteads to actual settlers under the homestead and pre-emption laws, subject to reasonable appropriations of such lands for the purposes of education. LV. THE RESTORATION OF VIRGINIA, MISSISSIPPI, AND TEXAS. AN ACT to admit the State of Virginia to Bepre- sentation in tbe Congress of the United States. Whereas the people of Virginia have framed and adopted a constitution of State government which is republican ; and whereas the Legislature of Virginia elected under said constitution have ratifiea the XlVth andXVth amendments to the Constitution of the United States ; and whereas the performance of these several acts in good faith was a condition precedent to the representa- tion of the State in Congress : Therefore, Be it enacted, &o., That the said State of Vir- ginia is entitled to representation in the Congress of the United States; Provided, That before any member of the Legislature of said State shall take or resume his seat, or any officer of said State shall enter upon the duties of his office, he shall take and subscribe and file in the office of the secretary of state of Virginia, for perma- nent preservation, an oath in the form follow- ing: "I, , do solemnly swear that I have never taken an oath as a member of Con- gress, or as an officer of the United States, or as a member of any State legislature, or as an ex- ecutive or judicial officer of any State, to sup- port the Constitution of the United States,, and afterward engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof: so help me God ;" or such per- son shall in like manner take, subscribe, and file RESTORATION OF VIRGINIA, ETC, 573 the following oath : " I, , do solemnly Bwear that I have by act of Congress of the United States been relieved from the disabilities imposed upon me by the XlVth Amendment of the Constitution of the United States: so help me God;" which oaths shall be taken before and certified by any oflBcer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths snail be deemed guilty of perjury, and shall be punished therefor by imprisonment not less than one year and not more than ten years, and shall be fined not less than $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths, with proof of the signa- ture of the party accused, shall be taken and held as conclusive evidence that such oath was regularly and lawfully administered by compe- tent authority; And provided further, That every such person who shall neglect for the pe- riod of thirty days next after the passage of this act to take, subscribe, and file such oath as afore- said, shall be deemed and taken, to all intents and purposes, to have vacated his office: And provided further. That the State of Virginia is admitted to representation in Congress as one of the States of the Union upon the following fun- damental conditions: First, That the constitu- tion of Virginia shall never be so amended or changed as to deprive any citizen or class of citi- zens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabit- ants of said State: Provided, That any altera- tion of said constitution, prospective in its effects, may be made in regard to the time and place of residence of voters. Second, That it shall never be lawful for the said State to deprive any citi- zen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the constitution and ■ laws of said State, or upon any such ground to require of him any other qualifications for ofBce than such as are required of all other citizens. Third, That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State. Approved, January 26, 1870. The final votes on this act were as follow : Ih Senate, January 24,- 1870. Teas— Messrs. Abbott, Anthony, BcJTeinan, Brown' low, Buoktogham, Carpeiter, Chandler, Cole, Conkling, , Corbett, Oragin, Drake, Edmunds, Fenton, Ferry, Gil- bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Poroeroy, Pratt, Ramsey, Bice, Robertson, Eoss, Sawyer, Schurz, Soott, Sherman, Spencer, Stew- art, Tipton, Trumbull, Warner, Willey, Williams, Wil- son, Yates^T. Nats — Messrs. Bayard, Casserly, DavU, Fowler, Witr Uaim T. HamUton, Norton, SavMmry, Stockton, Thurman, Tickers— 10. In House, January 24, 1870. Teas— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Bailey, Banks, Seaman, Beatty, Benja- min, Bennett, Benton, Bingham, Blair, Boles, Bowen, Boyd George M. Brooks, Back, Buckley, Buffinton, Burohard, Burdett, Benjamin P. Butler, Roderick E. Butler, Cake, Cessna, Clarke, Amasa Cobb, Clinton L. Cobb, Ooburn, Cook, Conger, Cowles, Callom, Davis, Dawes, Dixon, Donley, Duval, Dyer, Ela, Parnsworth', Perriss, Ferry, Pinkelnburg, Fisher, Fitch, Garfield, GilQllan, Hale, Hamilton, Hawley, Hay, Heaton,Heflin, Hill, Hoar. Sol. L. Hoge, Hooper, Ingersoll, Jenckes, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Enapp, Laflin, Lash, Lawrence, Logan, Loughridge, Lynon, Maynard, McCarthy, MoCrary, MoGrew, Elia- kim H. Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Orth, Packard, Paine, Palmer, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, Schenck, Scofield, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthing- ton C. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strickland, Strong, Taffe, Tanner, Tilhnan, Townsend, Twiohell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, B. P. Whittemore, Wil- kinson, Willard, Williams, John T. Wilson, Winans — 136. Nats —Messrs. Adams, Archer, Axtell, Beck, Bird, James Brooks, Burr, Calkin, Clavetand, Cox, Crehs, Deweese, Dickinson, Dox, Eldridge, Qetz, OoUaday, Greene, Qris- wold, Haldeman, Manibteton, Hamill, Hawkins, Holman, Johnson, Thomas L. Jones, Kerr, Knott, Marshall, May- ham, McCormick, McNeely, Morgan,' Mimgen, Niblack, Potter, Randall, Reeoes, Rice, Boaers, Schumaker, Sherrod, Slocum, Joseph S. Smith, Stiles^Stone, Strader, Swann, Sweeney, Trimble, Van Auken, Van Trump, Voorhees, WelleiMugene M. Wilson, Winchester, Wood, Woodward— 68. Previous Votas, In House. 1870, January 11 — Mr. Farnsworth, from the Committee on Reconstruction, reported the fol- lowing bill, to admit the State of Virginia to representation in the Congress of the United States : Whereas the people of Virginia have adopted a constitution republican in form, and by its pro- visions assuring the equality of right in all citi- zens of the United States before the law ; and whereas the Congress of the United States have received assurances and are assured that the people of Virginia, and especially those hereto- fore in insurrection against the United States, have renounced all claims of any right of seces- sion in a State, and that they are now well- disposed to the Government of the United States, and will support and defend the Constitution thereof, and will carry out in letter and spirit the provisions and requirements of the constitu- tion submitted under the reconstruction acts of Congress, and ratified by the people of Virginia; Therefore, Be it enacted, &c., That the State of Virginia is entitled to representation in Congress as a State of the Union, under the constitution ratified on the 6th day of July, 1869, upon the following fundamental conditions : First. That no persons shall hold any office, civil or military, in said State, who shall not have taken and subscribed one of the following oaths or affirmations, viz: "1 do solemnly. swear (or affirm) that I have never taken an oath as a member of Congress, or as an officer of the United States,, or as a mem- ber of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States and thereafter engaged in insurrection or rebellion against' the i same or given aid or comfort to the enemies thereof;" or, "I do solemnly swear (or affirm) that I have been relieved from disability by an act of Congress, as provided for by the third sec- 574 POLITICAL MANUAL. tion of the XlVth article of the amendments of the Constitution Of the United States." Second.' 'iTiat the constitution of said State shall never be so amended or changed as to dej)riveany citi-' zen or class of citizens of the United States of the right to vote or hold office in said State who are entitled to vote or hold office by said consti- tution, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said State; or to prevent any person on account of race, color, or previous condition of servitude from serving as a juror, ot participating equally in the school fund or school privileges provided for in said constitution : Provided, That any altera- tion of said constitution equally applicable to all the voters of said State may be made with re- gard to the time and place of residence of said voters. Third. That all persons who shall at the time when said constitution shall take effect hold or exercise the functions of any executive, administrative, or judicial office in said State, by the appointment or authority of the district com- mander, shall continue to discharge the duties of their respective offices until their successors or those upon whom such duties shall, under said constitution , devolve, are duly chosen or appointed and qualified. Seo. 2. That the election of United States Sen- ators by the general assembly of said State, on the 19tn day of October, 1869, shall have the same v^alidity as if made by previous authority of law. January 14-:-Mr. Whittemore moved to amend by inserting in the first section, at the end of the irst condition, as follows: " And any person who shall falsely takeeither if the aforesaid oaths or affirmations shall he deemed guilty of perjury, and shall suffer the pains and penalties thereof, and may be tried, tonvicted, and punished therefor by the circuit court of the United States for the district in which said crime was committed, and the jurisdiction of said court shall be sole and exclusive for the pur- pose aforesaid;" which was agreed to — ^yeas 123, nays 70, as follow : Yeas — Messrs. Ambler, Ames, Armstrong, Amell, As- per, Beaman, Beatty, BeiijamiD, Bennett, Benton, Boles, Bowen, Boyd, George M. Brooks, Buck, Buckley, Buf- finton, Burohard, Burdett, Boderick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom, Dawes, Dickey, Dixon, Donley, Duval, Dyer, Ela, Ferriss, Ferry, Fink- elnburg, Fisher, Fitch, Garfield, Gilflllan, Hale, Ham- ilton, Hawley, Hay, Heflin, Hill, Hoar, Solomon L. Hoge, Hooper, Ingersoll, Jenckes, Judd, Kelley, Kellogg, Kelsey, Ketcham, Enapp, Laflin, Lash, Lawrence, Lo- gan, Loughridge, Maynard, McCarthy, MoCrary, Mo- Grew, Mereur, Eliakim H. Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peters, Phelps, Pomeroy, Prosser, Roots, San- ford, Sargent, Sohenck, Soofleld, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthiwp.ton C. Smith, William Smyth, Stark- weather, Steyens, Stevenson, Stokes, Stoughton, Strong, Taffe, Towusend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Wheeler, B. F. WhJttemore, Willard. Williama, John T. Wilson, Winans, Witcher— 123. Nats — Messrs. Adams, Archer, Axtell, Bailey, Banks, Barnum, Beck, Biggs, Bingham, Bird, Blair, James Brooks, Burr, 'Calkin, Cleveland, Cox, DewQQse, IHckmson, Dock- ery, Dox, EU/ridge, Parnsworth, Pox, Qetz, Golladat/, Greene, Ch'iewold, Sanght, Haldsman, Samblnton, HamiU, Hawkins, Heaton, Holman, Johnson, Kerr, Knott, Mar- shall, Mayham, MeCormiek, McNeely, Morgan, Mungen, Niblaek, Potter, Bandall, Reading, Seevet, Bice, Sogers, Schumaker, Sloeum, Joseph S. Smith, Stiles, Stone, Strader, Smann, Sweeney, Tanner, Tillman, Trimble, Van Aukm, Van Trump, Voorhees, Welker, Wells, Eugene M. Wilson, Winchester, Wood, Woodward — ^70. Same day Mr. Bingham offered the following substitute : Whereas the people of Virginia have adopted a constitution republican in form, -and have in all respects conformed to the requirements of the act of Congress entitled "An act authorizing the submission of the constitutions of Virginia, Mis- sissippi, and Texas to a vote of the people, and authorizing the election of State officers, pro- vided by the said constitutions, and members of Congress," approved April 10, 1869: Therefore, Beit resolved, &c., That the said State of Vir- ginia is entitled to representation in the Con- gress of the United States. Which was adopted — yeas 98, nays 95, as fol- low: Ybas— Messrs. Adams, Archer, Axtell, Bailey, Banks, Barnum, Beck, Biggs, Bingham, Bird, Blair, George M. Brooks, James Brooks, Buckley, Burohard, Burr, Oalkm, Cteoetand,' Cox, Orebs, CnWom, Dawes, Deweese, i>M:A:i7i- eOn, Doekery, Dox, Eldrvige, Farnsworth, Ferry, Fink- elnbure. Fitch, Fox, Garfield, Oetz, Oolladay, ffreene, Grriswold, Haight, Haldeman, Hale, Hamhletmy SamiU, Hawkins, Hay, Heaton, Holman, Hooper, Ingersoll, Jenckes, Johnson, Kellogg, Kerr, Ketcham, Knott, Laf- lin, Logan, Marshall, Mayham, McCarthy, McCormick, McNeely, Jesse H. Moore, Morgan, Mungen, Niblack, Orth, Peters, Potter, Bandall, Beading, Beeves, Bice, Bo- gers, ■ Sanford, Schumaker, Sloeum, Joseph S. Smith, Worthington 0. Smith, Stiles, Stone, Strader, Strong, Swann, Suieeneu, Tanner, Tillman, Trimble, Van Auken, Van Trwmjfi V6orhees, Wells, Eugene M. Wilson, John T. Wilson, Wmans, Winchester, Witcher, Wood, Woodward —98. Nats — Messrs. Ambler, Ames, Armstrong, Amell, Asper, Beaman, Beatty, Benjamin, Bennett, Benton, Boles, Bowen, Boyd, Buck, Buffinton, Burdett, Rode> iok R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Dickey, Dixon, Donley, Duval, Dyer, Ela, Ferriss, Fisher, Gilflllan, Hamilton, Hawley, Heflin, Hill, Hoar, Solomon L. Hoge, Judd, Kelley, Kelsey, Knapp, Lash, Lawrence, Loughridee, Maynard, McCrary, MoGrew, Mereur, Eliakim H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neil, Packard, Packer, Paine, Palmer, Phelps, Pomeroy, Prosser, Roots, Sargent, Schenok, Seoheld, Shanks. Porter Sheldon, John A. Smith, William J. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Taffe, Townsend, Twiehell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, B. F. Whitte- more, Willard, Williams— 95. The bill was then passed — yeas 142, n^js 49, as follow: Yeas— Messrs. Adams, Ames, Archer, Armstrong, Ax- tell, Bailey, Banks, £ornum, Beaman, Becft, Benjamin, Bennett, Biggs, Bingham, Bird. Blair,George M. Brooks, •Tomes JJroote, Buck, Buckley, Burehard, Burdett, Burr, Roderick R. Butler, Cake, Calkin, Churehil], Clinton L, Cobb, Cook, Conger, Cowles, Cox, Orebs, Cullom, Dawes, Deweese, Diekinson, Doekery, J>oa!, Duval, Dyer, £W- rMjre, Farnsworth, Ferry, Finketaburg, Fitch, i-ta, Garfield, Getz, Gilflllan, Golladay, Greene, Griswold. Haight, Haldeman, Hale, Hambleton, HamiU, Hawkins, Hay, Heaton, Heflin, Hill, Holman, Hooper, Ingersoll, Jenokes, Jb/m«on, Judd.Kellogg, A'crr, Ketcham, i&!0««, Laflin, Lash, Logan, Marshall, Mayham, McCarthy, Mc- Cormick, McGrew, McNecly, Mereur, Eliakim II. Moore, Jesse H. Moore, Jlforjon, Daniel J. Morrell, Samuel P. Morrill, Mwngen, Myers, Niblack, Orth, Packard, Packer, Pame, Peters, Poland, Potter, Prosser, Bandall, Beading, Beeves, Bice, Bogers, Sanford, Sargent, Selienck, Schu- maker, Scofleld, Porter Sheldon, Stocum, John A. Smith, Joseph S. Smith, Worthington 0. Smith, Starkweather, SlUes, Stone, Stoughton, Strader, Strong, Swann, Sweeney, Tanner, Tillman, IVimbie, Twichell, Tyner, Upson, Van Auken, Van Trump, Voorhees, William B. Washburn, Welker, Wells, Wuliams, Eugene M. Wilson, John T RESTORATION OF VIRftlNIA, ETC. 675 Wilson, Winana, Wiveheiter, Witbher, Wood, Woodmcurd —142. , Nais— Messrs. Ambler, Arnell, Asper, Beatty, Benton, Boles, Bowen, Boyd, Buffinton, Cessna, Clarke, Amasa Cobb, Coburn, Dickey, Dixon, Donley, Ela, Terriss, Fisher, Hamilton, Hawley, Hoar, Solotnon L. Hoge, Kelley, Kelsey, Lawrence, Loughridge, ilaynard, Mc- .Crary, William Moore, Negley, O'Neill, Palmer, Phelps, Pomeroy, Eoots, Shanks, William J. Smith, William Bmyth, Stevens, Stevenson, Stokes, Taffe, Towhsend, Ward, Cadwalader 0. Washburn, Wheeler, B. F. Whitte- more, Willard— 49. In Seitate. 1870, January 17 — Mr. Edmunds mored to amend by inserting at the end of the bill the following proviso ; Prcmded, That before any member of the leg- islature of said State shall take or resume his Beat, or any ofiScer of said State shall enter upon the duties of his office, he shall take and sub- scribe and file in the office of the secretary of state of Virginia, for permanent preservation, an oath in the form following: "I, — — -, do solemnly swear that I have never taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State' leg- islature, or as an executive or judicial officer of any State, to support the Constitution of ' the United States and afterward engaged in insur- rection or rebellion against the same, or given aid or comfort to the enemies thereof: so help me God;" or such person shall in like manner take, subscribe, and file the following oath: " I, , do solemnly swear that I have by act of Congress of the United States been re- lieved from the disabilities imposed upon me by the XlVth Amendment of the Constitution of the United States : so help me God ;" which oaths shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths shall be deemed guilty of perjury, and shall be punished therefor oy imprisonment not less than one year and not more than ten years, and shall be fined not less than $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath was regularly and lawfully admin- istered by competent authority : And prcmided further, That every such person who shall ne- glect for the period of ihirfy days next after the passage of this act to take, subscribe, and file such oath aa aforesaid, shall be deemed and taken, to all intents and purppses, to have vacated his office '; ,' ■ Which (January 19) was agreed to — yeas 45; liays 16, as follow: Yeas— Messrs. Abbott, Anthony, Boreman, Brown- - low, Buckingham, Cameron, Carpenter, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, Harris,- Howard, Howe, Mo- Donald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Gsborn, Patterson, Pomeroy, Pratt, Ramsey, Eice, Eobertson, Sawyer, Sohurz, Scott, Sherman, Spencer, Sumner, Thayer, Tipton, Warner, Willey, Williams, Wilson— 45. Nays — Messrs. Bayard, Casserly, Davis, Ferry, Fow- ler, William T: Samilton, Kellogg, McOreery, Norton, Boss, SavUbury, Stewart, Stockton, Tkwnrum, Trumbull, Viekers—l^. January 21 — Mr. Drake moved to insert at the end of the bill the following: , _ And provided further, That the State of Vir- ginia is admittedi to representation in Cpngr-ess as one of the States of the Union, upon the fol- lowing fundatnental conditions : First. That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitlfed to vote by the constitution herein recognized, except as a punishipent for such crimes as are now felonies at common law, whereof they shall have been duly convicte'd -under laws 'equally applicable to all the inhabit- ants of said State: Provided, That any altera- tion of said constitution, prospective in its effects, may be made in regard to the time and place Hi residence of voters. Mr. Sehurz moved to amend the amendment by 'inserting after the word "vote," the words "or to hola office," which was not agreed to — yeas 28, nays 32, as follow: Yeas— Messrs. Abbott, Anthony, Boreman, Brown- low, Buckingham, Chandler, Edmunds, Gilbert, Ham- lin, Harlan, Harris, Howe, McDtnald, Morrill of Ver- inont, Morton, Osborn, Pomeroy, Pratt, Eamsey, Eioe, Eobertson, Scnurz, Spencer, Sumner, Thayer, Warner, Wilson, Yates— 28. Nays— Messrs. Bayard, Carpenter, Casserly, Cole, Gonklii^g, Corbett, Cragin, Davis, Drake, Fenton, Ferry, TovileitWUliam T. HamUton, Howard, Kellogg, Mor- rill of Maine, Nortmi, Nye, Patterson, Ross, Samtsbury, Sawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Willey, Williams— 32. The amendment of Mr. Drake was agreed to — yeas 31, nays 28, as follow : YBAS-Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Chandler, Cragin, Drake, Edmunds, Gil- bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Vermont, Morton, Osborn, Pat- terson, Pomeroy, Pratt, Eamsey, Eice, RobertsoH, Spen- cer, Sumner, Thayer, Wilson, Yates — 31. Nats — Messrs. Bayard, Carpenter, Casserly, Cole, Conkling, Corbett, Davis, Fenton, Ferry, Fowler, Wilr Ham T. Hamilton, Morrill of Maine, Norton, Nye, Eoss, Saulsbury, Sawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey, Williams— 28. Same day, Mr. Drake moved further to amend by inserting^at the end of the bill the following: Second. That it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to require of him any other qualificatibns'for office than such as are required of' all oth«r citizens. Which was agreed to — ^yeas 30, nays 29, as follow : Yeas — Messrs. Abbott, Boreman, BrownlOw,Bucking- ham, Chandler, Drake, Edmunds, Gilbert, Hamlin, Har- lan, Harris, Howard, Howe, Kellogg, McDonald, Mor- rill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Eice, Robertson, Sehurz, Spencer, Sum- ner, Thayer, Wilson, Yates— 30. Nats — Messrs. Bayard, Carpenter, Casserly, Cole, Conkling, Corbett, Cragin, Dams, Fenton, Ferry, Fow- ler, Wilmm T. Bamilton, Morrill of Maine, Norton, Nye, Eoss^ Saulsbwry, Sawyer, Scott, Sherman, Stewart, Stock- ton, Thurman, Tipton, 'trumbuU, Vickers, Warner, Wil- ley, Williams— 29. Same day, Mr. Wilson moved to amend by in- serting at the end of the bill the following: Third. That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State. 576 POLITICAL MANUAL. Which was agreed to— yeas 31, nays 29, as follow: YsAB — Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Chandler, Cragin, Drake, Edmunds, Gil- bert, Hamlin, Harlan, Harris, Howard, Howe, McDon- ald, Morriil of Vermont, Morton, Osboru, Patterson, Pomeroy, Pratt, Ramsey, Eioe, Robertson, Sehurz, Bpenoer, Sumner, Thayer, Wilson, Yates— 31. Nays — Messrs. Bayard, Carpenter, Caaaerly, Cole, Oonkllng, Corbett, Davis, Fenton, Perry, Fowler, Wil- liam T. Bamilton, Kellogg, Morrill of Maine, Norton, Nye, Ross, SatUstmry, Sawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey, Williams— 29. Same day Mr. Morton moved to amend the preamble as follows : The people of Virginia have framed and adopted a constitution of State government which is re- publican ; and whereas the Legislature of Virginia elected under said constitution have ratified the XlVth and XVth amendments to the Constitu- tion of the United States ; and whereas the per- formance of these several acts in good faith was a conditioa precedent to the representation of the State in Congress : Therefore Which was agreed to — yeas 39, naya 20, as follow : Teas — Messrs. Abbott, Anthony, Boreman, Brown- low, Buckingham, Chandler, Cole, Cragin, Drake, Ed- munds, Fenton, Gilbert, Hamlin, Harlan, Harris, How- ard, Howe, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Osbom, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Sehurz, Scott, Spen- cer, Sumner, Thayer, Tipton, Willey, Williams, Wilson, Yates— 39. Nats— Messrs. Bayard, Carpenter, Caaserly, Oonkling, Corbett, Davis, Ferry, Fowler, William T. HarAilton, Kel- logg, Norton, Nye, Saulebuiy, Sherman, Stewart, Stoch- ton, Thurman, Trumbull, Vickers, Warner — 20. The bill as amended passed the Senate and was concurred in by the House aa above. The following bill passed both houses without opposition ; the House, January 27 ; the Senate, January 31: An Act to amend an act entitled "An act to ad- mit the State of Virginia to representation in the Congress of the United States." Be it enacted, &c.. That wherever the word "oath" is used in the act entitled "An act to ad- mit the State of Virginia to representation in the Congress of the IJnited States," it shall be construed to include an affirmation ; and every person required by said act to take either of the oaths therein prescribed, who has religious or conscientious scruples against taking an oath, may make and file an affirmation to the same pur- port and effect: Provided, That all the pains and penalties of perjury prescribed by said act shall apply also to any false affirmation taken there- under. Approved, February 1, 1870. AN ACT to admit the State of Uississippi to Bep- resentation in the Congress of the United States, Whefeas the people of Mississippi have framed and adopted a constitution 'of State government which is republican ; and whereas the legislature of Mississippi elected under said constitution has ratified the XlVth and XVth amendments to the Constitution of the United States; and whereas the performance of these several acts in good faith is a condition precedent to the representa- tion of the State in Congress : Therefore, Be it enacted, dc, That the said State of Mis sissippi is entitled to representation in the Con- gress of the United States : Provided, That before any member of the legislature of said State shall take or ■ resume his seat, or any officer of said State shall enter upon the duties of his office, he shall take and subscribe and file in the office of the secretary of state of Mississippi, for perma- nent preservation, an oath or affirmation in the form following: "I, , do solemnly swear (or affirm) that I have never taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States and aftervi'ard engaged in insurrection or rebel- lion against the same, or given aid or comfort to the enemies thereof: so help me God;" or under the pains and penaltiesof perjury, (as the case maybe;) or such person shall in like manner take, subscribe, and file the following oath or affirmation: "I, , do solemnly swear (or affirm) that I have by act of Congress of the United States been relieved from the disabilities imposed upon me by the XlVth Amendment of the Constitution of the United States: so help me God;" or under the pains and penalties of per- jury, (as the case may be;) which oaths or af- firmations shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear or affirm falsely in taking either of such oaths or affirmations shall be deemed guilty of perjury, and shall be punished therefor by im- prisonment not less than one year and not more than ten years, and shall be fined not less than $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths or affirma- tions, with proof of the^ signature of the party accused, shall be taken and held as conclusive evidence that such oath or affirmation was regu- larly and lawfully administered by competent authority: And provided further. That every such person who shall neglect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath or affirmation as aforesaid shall be deemed and taken, to all intents and purposes, to have vacated his office: And provided further. That the State of Missis- sippi is admitted to representation in Congress as one of the States of the Union upon the fol- lowing fundamental conditions : First, That the constitution of Mississippi shall never be so amended or changed as to deprive any citizen or class of citizens ot the United States of the right to vote who are entitled to vote by the constitu- tion herein recognized, except as a punishmeftt for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabit- ants of said State : Provided, That any alteration of said constitution, prospective in its effects, may b^ made in regard to the time and place of residence of voters. Second, That it shall nevei be lawful for the said State to deprive any citi- zen of the United States, on account of his race, color, or previous condition of servitude, of the, right to nold office under the constitution and laws of said State, or upon any such ground to RESTORATION OF VIRGINIA, ETC. 577 require of him any other qualifioations for office tlaau such as are required of all other citizens. Third, That the constitution of Mississippi shall never be bo amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State. Approved, February 23, 1870. The final votes on this act were as follow : In House, February 3, 1870. Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Ayer, Banks, Beaman, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Boles, BooLier, Bow- en, Boyd. Gaorga M. Brooks, Buck, Buoklev, Buffinton, Burchara, Burdett, Benjamin F. Butler, Roderick E. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Cobarn, Cook, Conger, Cowlea, CuUom, Davis, Dawes, Deweeso, Dickey, Dixon, Dockery, Don- ley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Finliclnburg, Kitoh.Garfield.Gilflllan, Hale, Hamilton, Hawley, Hay, HeSiu, Hill, .Solomon L. Hoge, Hooper, Jenelics, Judd, Julian, Kelley, Kellogg, Kelsey, Ketch- am, Knapp, Laflia, Lash, Lawrence, Logan, Lough- ridge, Lynch, Maynaid, MoCrary, McGrew, McKenzin^ Merour, Milnes, Ellakim H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Peters, Phelps, Piatt, Pomeroy, Prosser, Eidgway, Roots, Sargent, Saw- yer, Seofield, Shanks, Lionel A. Sheldon, Porter Shel- don, John A. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strong, Tatfo, Tanner, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C.Washburn, William B. Washburn, Welker, Wheeler, B. F. Whittemore, Wilkin- son, Willard, Williams, John T. Wilson, Winans— 134. Nats — Messrs. Adams, Archer, Beck, Biggs,Bird, James Brooks, Burr, CaVcin, Cleveland, Cox, Crebs, Diclcinson, Box, Eidridge, Getz, Gibson, GoUaday, Greene, Griswold, Haight, Hambieton, H^miU, Hoar, ITulman, Johnson, Thomas L. Jones, Kerr, Knott, Marshall, Maykam, MeCorniick, McNfely, Morgan, IHblacJc, Palmer, Fotter, Randall, Reading, Reeves, Rice, Rogers, Schumaker, Sherrod, Stiles, Stone, iStrader, Swann, Sweeney, VanAuken, Van Truwp, Veorhees, Wells, Winchester, Wood, Woodward— 5G. In Senate, February 17, 1870. Teas — Messrs. Abbott, Anthony, Boreman, Brown- low, Buckingiiam, Cameron, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, Howell, Kel- logg, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Eamsey, Kiee, Robertson, Boss. Sawyer, Scott, Spen- cer, Sprague, Stewart, Sumner, Thayer, Tipton, Trum- bull, Warner, Willey, Williams, Wilson, Yat^s— 50. Nays— Messrs. Bayard, Casserly, Davis, Fowler, WH- Ham T. Hamilton, Johnston, McOreery, Saulsbwry, Stock- ton, Thurman, Vickers — 11. Previous Totes. In HonsE. Mr. Beck offered as a substitute the following: Whereas the people of Mississippi have framed and adopted a constitutional State government, which is republican in form: Therefore, Se it enacted, &c.. That the-said State of Mis- sissippi is entitled to lepresentation in the Con- gress of the United States. Which was not agreed to — ^yeas 83, nays ICO, as follow : Yeas — Messrs. Adams, AxteU, Barnvm, Beck, Biggs, ' Bird, Blair, James Brooks, Burchard, Burr, Calkin, Cleveland, Cox, Cre&s, Deweese, DicArwwort, Dockery, Dox, fildridi/e, Farnsworth, Ferry, Finkelnburg, Fitch, Gar- field, Oetz, Gibson, GoUaday, Griswold, Haight, Hale, EmnbleUm, HamiU, Hawkins, Hay, Hill, Eolman, Jenokes, Johnson, Thomas L. Jones, Kellogg, Kerr, Ketcham, Knott, Laflin, Logan, Marshall, Mayham, McCormick, McKenzie, McNeely, Milnes, Morgan, Nvblack, Orth, Potter, BandaU, Beading, Beeves, Bice, RicUjwm/, Rogers, Schumaker, Sherrod, Sloeum, Joseph S. Smith, Stiles, Stone, Strong, Swann, Sweeney, Tanner, Tillman, Trimble, Van Auken, Fo» Trump, Voorhees, Wells, Eugene 37 M. Wilson, Winans, Winchester, Witeher, Wood, Wood- ward — 83. Nats — Messrs. Allison, Ambler, Armstrong, Arnell, Asper, Ayer, Banks, Beaman, Beatty, Benjamin, Ben- nett, Benton, Boles, Booker, Boyd, George M. Brooks, Buck, Buckley, BufBnton, Burdett, Benjamin F. But- ler, Roderick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L, Cobb, Coburn, Cook, Conger, Cowles, Dickey, Djxon, Donley, Duval, Dyer, Ela, Ferriss, Ilainiltnn, Hawley, Hcflin, Hoar, Judd, Julian, Kelley, lielsey, Knapp, Lash, Lawrence, Lynch, McCrary,McGrew, Mercur,>.liakim H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Packard, Packer, Paine, Palmer, Pe- ters, Phelps, Piatt, Pomeroy, Prosser, Sargent, Sawyer. Schenck, Seofield, Shanks, Lionel A. Sheldon. Porter Sheldon, John A. Smith, William J. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, TafFe, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Wheeler, B. F. Whittemore, Wilkinson, Wil- lard, Williams, John T. Wilson— 100. In Senate. February 17 — Mr. Willey moved to strike out the third proviso and insert as follows: So much of the act of Congress entitled "An act to admit the State of Virgima to representation in the Congress of the United States," approved January 26, 1870, as declares that Virginia is admitted to representation upon certain funda- mental conditions therein expressed, be, and the same is hereby, repealed. Which was disagreed to — ^yeas 23, nays 36, as follow : Yeas — Messrs Bayard, Casserly, Conkling, Davis, Fer- ry, Fowler, William T. Hamilton, Johnston, Kellogg, J/c- Creery, Nye, Ross, Saidsbury, Sawyer, Pprague, Stewart, Stockton, Thwman, Trumbull, VickKi-s, Warner, Willey, Williams— 23. Nats— Messrs. Abbott, Anthony, Boreman, Brown- low, Buckingham, Cameron, Chandler, Cole, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, McDonald, Morrill of Ver- mont, Morton, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Scott, Spence> Sum- ner, Thayer, Tipton, Wilson, Yates— 30. The Committee on the Judiciary rficommended to amend by striking out all the proviso? ; which was disagreed to — ^yeas 27, nays 32, as follow: Yeas— Messrs. Bayard, Casserly, Cole, Conkling, Davis, Fenton, Ferry, Fowler, William T. Hamilton, Johnston, Kellogg, McOreery, Morrill ,of Maine, Ross,' Saidstmry, Sawyer, Scott, Sprague, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey, Williams — 27. Nats — Messrs. Abbott, Anthony, Boreman, Brown- low, Buckingham, Cameron, ( handler, Cragin, Drake, Edmunds, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, McDonald, Morrill of Vermont, Morton, Nye, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Robert- son, Spencer, Sumner, Thayer, Wilson, Yates — 32. So the bill passed as above. AN ACT to admit the State of Texas to repre- sentation in the Congress of the United States. Whereas the people of Texas have framed and adopted a constitution of State government which is republican; and whereas the Legislature of Texas elected under said constitution lias ratified the XlVth and XVth amendments to, the^ 'Con- stitution of the United States ; and whereas the performance of these several acts in good fajith is a condition precedent to the representation of the State in Congress ; Therefore, Be it enacted, &c.. That the said State of Texas is entitled to representation in the Congress of the United States: ^ovided. That before- any member of the legislature of said State shall, take or resumg his seat, cf any officer of sai($ Stata 678 POLITICAL MANUAL, shall enter upon tbe daties of his ofSce, he shall tate and subscribe and file in the office of the secretary of state of Texas, for permanent preser- vation, an oath or afBrmation in the form fol- lowing : " I, , do Solemnly swear (or affirm) that I have tiever taken at oath as a member of Congress,, or as an officer of .the United Stktes, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States and afterward engaged in insurrection or rebel- lion against the same, or given aid pr comfort to the enemies thereof: so help nie God ; " or under the pains and penalties of perjury,. (as the case may be ;) or such person shall, in like manner, take, subscribe, and file the following, oath or affirmation: "I, — , do solemnly swear (or affirm) that 1 have, by act of Congress of the United States, been relieved from the disabilities imposed upon me by the XlVth Ameridnlent.of the Constitution of the United States : so help me God ;" or under the pains and penalties of pbr- jury, (as the case may be ;]) Vhich oaths oi- af- firmations shall be taken hefbre and certified by ally officer lawfully authorized to Administer oaths. And any person who shall khowingly swear or affirm falsely iii taking either of such oaths or affirmations shall be deemed gnilty of perjury, and shall be pilnishfed therefor by im- prisonment not less than one year, and not more than ten years, and shall be fined not lesS than one thousand dollars, and not more than ten thousand dollars. And in all trials for any vio- lation of this act the certificate of the taking of either of said oaths or affirmations, with proof of the signature of the party accused, shall Be taien and held as conclusive evideiice that such oath or affirmation was regularly dnd lawftilly adiriin.is- tered by competent authority : A'nd provided fur- ther, That every such person who shall neglect for the period of thirty days next after tiie pas- sage of this act to take,, subscribe, and file such oath or affirmation, m aforesaid, shall be deemed and taken, to all intents and pu)-poses, to have vacated his office : And provided further, That the State of Texas is admitted to representation in Congress as one of the States of the Union, upon the following fundamental conditions : First, That the constitution of Texas shall never be so amended or changed as to deprive any citizen or class of citizens ot the United States of the right to vote who are entitled to vote by the constitu- tion herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabit- ants of said State : Provided, That any alteration of said constitution, prospective in its effects, may "be made in regard to the time and place of resi- dence of voters. Second, That it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, color, or previous condition of servitude, of the iright to 'iold.o:ffice under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are -■equired of all other citizens. Third, That the ^lonstitntion of Texas shall never be so amended or clianged as to deprive any citizen or class of citizens of the United Siates of the school rights and privileges secured hy the constitution cl said Approved, March 30, 1870. The final votes on this act were as follow: In Senate, March 29, 1870. Teas— Messrs. Abbott, Boreman, Brownlow, Buck- ingham, Cameron, Cattail, Chandler, Cole, Corbett, Cra^ gin, Drake, Fenton, Ferry, Gilbert, Eamlin, Harlan, Harris, Howard, Howell, Lewis, McDonald. Morrill of Maine, Morrill ol Vermont, Morton, Nya.Osborn, Pat- terson, Pomeroy, Pratt, Eamsey, Revels, Rice, Robert- son, Eoss, Sawyer, Sohurz, Scott, She/man, Sprague, Stewart, Sumner, Thayer, Tipton, Wa.-ner, Willey, Wil- liams, Wilson — 47. Nats— Messrs Bayard, Caseerly, Davis, William T. Hamilton, Johnston, MeOreery, Nortun, Saulsbury, Stock- ton, Thurman, Viekers~-ll. In House, March 30, 1870. Yeas— Mesars. Allison, Ambler, Ames, Arnell, Asperi Atwood, Ayer, Beam4n, Beatty, Benjamin, Bennett, Benton, Blair, Boles, Boyd, George M. Brooks, Buck, Buckley, Bufflnton, Burchard, Burdett, Benjamin F- Butler, Cake, Cessna, Sidney Clarke, Clinton L.Cobb, Cdbum, Cook, Conger, Covode, Cbwles, Cullom, Davis, Dawes, Dickey, Dixon, Donkery, Donley, Duval, Dyer, Ela, Parnsworth, Ferriss, Ferry.^inkelnburg, Fisher, Garfield, Gilfillan, Hale, Hamilton? Harris, Hawley, Hay, Heaton, Heflin, Hill, Hoar, Hoge, Hooper, ingersoll, itenckes^ Alexander H. Jones,; Judd, Julian, Eelley, Kelsey, Knapp, Lash, Latvreniw, Logan, Loughridee, Lyneh; Maynard, McCarthy,. MoCrary, McGrew, me- Keane, Mercur, JlfiKnes, Eliakim H. Moore, William Moore, Morphis, D. J. Morrell, MyerS, Negley, O'Neill, Orth, Packard, Packer; Paine, Perce, Peters, Piatt, Po- land,. Pomeroy, Prosser, .Roots, Sanfprcl, Sargent, Saw- yer, SehenCk, Seofield, Shanks, Lionel A: Sheldon, Por- ter Sheldon, John A. Smith, William J. Smith, Worthing- ton C. Smith, William Smyth, Steven.s, Stevenson, Stokes, Stoughton, Strickland, Taffe, Tiljman. Tyner, Upson, Van Horn, Van Wyok, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, Wilkinson, Williams, John T. Wilson, Winans, Witcfc- er— 130. NatS — Messrs. Adams, Archer, Axtell, Beck, Biggs, Bird, James Brooks, Burr, Calkin, Cleveland, Cox, Crebs, Dickinson, Box, Eldridge, Getz, Gibson, Grisioold, Saight, JIaldeman, Bambletaa, Samill, Salman. Kerr, Knott, MarshaUjMayham, McCormick, McNeely, Morgan, Mungen, NWiack, Potter, Randall, Beading, Bice, Ridgway, Schu- Tnak'er, Sherrod, Slocum, Joseph S. Smith, Stiles, Stone, Siadnn, Sweeney, Trimble, Tim Trump, Wells, Eugene M. JTiteoB, Wooa—wn. FrevioaB Votes. In House. 1870, March 15— Mr. B. F. Butler, from the Committee on Reconstruction, reported the above bill, with the addition of the following proviso: Provided further. That this act shall not affect in any manner the conditions and guarantees upon which the State of Texas was annexed and admitted as a State. Mr. Wood moved to add to the end of the bill the following : And provided further. That this act shall re- admit the State of Texas to all the rights of other States within the Union, without qualifica- tion or fundamental conditions, except as herein stated. ■\Vhich was disagi-eed to — ^yeas 49, nays 121, as follow : Yeas— Messrs. Adams, Archer,' Somam, Beck, Biggs, Bird, James Brooks, Burr, aaVcin„Orebs, Dickinson, Box, Eldridge, Getz, Griswold, Haight, Baldeman, Hamill, Hoi- ma'tl.Johnson, Kerr, Knott, Mayliam, McCormick, McKen- zie, McNedy, Morgan, Mungen, Niblack, Potter, EandaU, Beading, Reeves, Sice, Ridgway. Rogers, Seofield, Sherrod, Slodwm, Stiles, Stone, Swann, Trimble, Van Auken, Van Trump, Voarliees, Wdls, Eugene M. Wilson, Woad—i9. Nats— Messrs. Allison, Ambler, Armstrong, Arnell, Asper, Atwood, Axtell, Beatty, Benjamin, Blair, Boles, Booker, Boyd, George M. Brooks, BUok, Buckley, DBCLAKATORY EESOLTJTIONS. 579 Euffinton, Burohard, Burdett, Benjamin F. Butler, Eoderiok E. Butler, Cake, Cessna, Churchill, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Conger, CoTOde, Cullom, Dawes, Duval, Ela, Ferries, Ferry, Finkelnburg, Fisher, Garfield, Hamilton, Harris, Haw- kins, Hawley, Hay, Heaton, Heflin, Hill, Hoar, Hooper, Ineersoll, Jenckes, Alexander H. Jones, Judd, Julian, xr- ,-_. T^_.,_ „ , -- . . ^ ^. Logan, loCrary, , , , Moore, Morphis, Morrell, Morrill, Myers, O'Neill, Orth, Pack- ard, Packer, Paine, Palmer, Peroe, Peters, Poland, Pomeroy, Prosser, Roots, Sani'ord, Sargent, Sawyer, Schenck, Schumaker, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, 8tarkweath^^, Stevens, Stevenson, Stokes, Stonghton, Strickland, Strong, TafFee, Tillman, Townsend, Twiohell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, Wilkinson, Willard, Williams, John T. Wilson, Winans— 121. Mr. Beok moved to amend by substituting as follows: " Whereas the State of Texas has a constitu- tion of State government republican in form: Therefore, " Be it enacted by the Senate and House of Eepresentatives of the United States of America in Congress assembled, that the said State of Texas is entitled to representation in the Con- gress of the United Stastes." Which was disagreedto — ^yeas 52,,nays 106 — as follow: ' '"■- Yeas —Messrs. AdaT^a, Archer, Beck^Biggs, Bird, Blair, James Brooks^ Burr, Calkin, Dickinson, Dockery, Box, JEtd- ridge,'E».TUBvroTth^etz,Griswold,IIaight,Hald/m^n,HamiU, HawkiDS, Hay, MolmoM, Johnsorp, Kerr, Knott, Mayham, MiCmrmickt McKenzie, McNeely, Mtyrgan, Mungen, Niblack, Potter, Jidndall, Beading, Heeves, Rice, Ridgway, Rogers, Schiimaker, Slierrod, Sloeum, Stiles, Stone, Swann, Trimble, Van Auken, Vim Trump, Voorhees, Wells, Eugene M. Wilson, Woodr-62. Nats — ^Messrs. Allison, Ambler, Armstrong, Amell, Asper, Atwood, Ayer, Banks, Beaman, Beatty, Benja- min, Boles, Booker,- Boyd, George M. Brooks, Buck, BucklCTf, BufHnton, Burdett, Benjamin P. Butler, Rod- erick B. Butler, Cessna, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, Covode, Donley, Duval, Ferrias; Ferry, Finkelnburg, Hamilton, Harris, Hawley, Hea- ton, Heflin, Hill, Hoar, Ingersoll, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kelsey, Longhridge, L5Tich,Maynard, McCarthy, McCrary, MoGrew, McKee, William Moore, Morphis, Morrell, Morrill, Myers, Neg- ley, O'Neill, Orth, Packard, Packer, Paine, Palmer, I'erce, Peters, Phelps, Poland, Pomeroy, Prosser, Boots, Sanford, Sargent, Sawyer, Schenok, Scofield, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, William Smyth, Starkweather, Ste- venson, Stokes, Stoughton, Strickland, Strong, Taflfe, Tillman, Townsend, Twichell, Tyner, Upson,Van Horii, Ward, Cadwalder C. Washburn, William B. Washburn, Welker, Wheeler, Wilkinson, Willard, Williams,' Win- ans— 106. The bill was then passed as reported — yeas 127, nays 46, as follows : Yeas— Messrs. Allison, Ambler, Armstrong, Arnell, Asper, Atwood, Bailey, Banks, Beaman, Beatty, Benja- min, Blair, Boles, Booker, Bowen, Boyd, George M. Brooks. Buck, Buckley, Bufflnton, Burohard, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, Sidney Clarke, Amasa Cobb, Coburn, Coot, Conger, Covode, Cullom, Dawes, Dockery, Donley, Dti- val, Farnsworth, Ferries, Ferry, Finkelnburg, Fitch, Garfield, Hale, Hamiltoja, Harris, Hawley, Hay, Tleaton, Heflin, Hill, Hoar, Ingersoll, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketch- am, Laflin, Logan, Longhridge, Lynch. Maynardi Mc- Carthy, McGrew, McKee, JUcKenzie, William Moore, Morphis, Morrell, Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Perce, Peters, Phelps, Polaiid, Pomeroy, Prosser, Ridgway, Roots, Sanford, Satgeixit, Sawyer Schenok, Scofield, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stonghton, Strickland, Strong, Sweeney, Taffe, Tillman, Townsend. Ttvichel], 'Tyne^jUpson, Van Hori^, Ward, Cadwalader C. Wasli- burn, William B. Washburn, Welker, Wheeler, Wilkin- son, Willard, Williams, John T. Wilson, Winans — 127. Nays — Messrs. Adams, Archer, Ayer, Beck, Bigqs, Bird, James Brooks, Burr, Calkin, Dickinson, Dox, Mldridge, Getz, Qriewold, Saiqht, Haldeman, Hamill, Hobrthan.Jolmr son, Kerr, Knott, Mayham, McCormick, McNcely, Morgan, Niblack, Potter, Randall, Reading, Reeves, Rice, Rogers-, Schurnaker, Sherrod, Sloeum, Stiles, Stone, Strader, Swann, Trimble, Van Auken, Van Trump, Voorhees, Wells, Eu- gene M. Wilson, Wood — 46. In Senate. 1870, March 26 — Mr. Sherman moved to amend by striking but the last proviso, which was agreed to, and the bill then passed both houses as above/ The State of Virginia was turned over by the • military to the civil authorities January 28, 1870; the State of Mississippi, February 28, 1870 ; and the State of Texas, April 16, 1870. LVI. DECLARATORY RESOLUTIONS ON REPUDIATION. PURCHASE OF U. S. BONDS, INCREASING THE CURRENCY. TARIFF. AMNESTY; AND THE VALIDITY OF THE XIVTH AND XVTH AMENDMENTS; AND THE BILL TO RE-APPORTION ..REPRESENTATIVES. IN HOUSE. On Bepndiation. 1869, December 16 — Mr. Garfield offered in Committee of the Whole the following resolution : Resolved, That the proposition, direct or indi- rect, to repudiate any portion of the debt of the United States is„unworthy of the honor and good name of the nation ; and that this House, with- out distinction of party ,hereby sets its seal of con- demnation upon any and all such propositions. Whiish was reported to the House and agreed to — ^yeas 124, nays 1, as follow: Yeas — Messrs. .4dams, Allison, Ambler, Ames, Archer, Armstrong, Arnell, Asper, Barnum, Beatty, Blair, Boles, Boyd, George M. Brooks, James Brooks, Buffinton, Burchard, Cessna, Churchill, Clarke, Amasa Cobb, Co- burn, Conger, Cox, Crebs, Davis, Dawes, Dickey, V' xoti, - Donley, box, Diivall. Dyer, Ela, Eldridge, Farnsworth; Ferris, Finkelnburg, Fisher, Fitch, Garfield, Getz, Gil- fillan, Haldeman^ Hambleton, HamiU, Hawkins, Hawley, _ Hay, Heaton, Hill, Hoar, Eolman, Hooper, Hotchkiss, Ingersoll, Jenckes, Alexander H. Jones, Julian, Kelley, Kellogg, Kelsey, Kerr, Ketcham, Knapp, Laflin, Law- 580 POLITICAL MANUAL. rence, Lynch, Maijham, Jfeynard, McCarthy, McCor- mick, MoGrew, Merour, Jesse H. Moore, 'William Moore, Myers, Mblack, O'Neill, Orth, Packard, Packer, Paine, Palmer, Phelps, Pomeroy, Potter, Bnndall, Santord, Sargent, Sawyer, Sohenok, Soofield. Shanks, Shocwm, John A. Smith, William J. Smith, Worthington.C. Smith, ■William Smyth, Starkweather, Stevens, Stevenson, SlOes, Strong, Swann, Taffe, Tanner, Tillman, Twichell, ITyner, Upson, Van Horn, Ward, Cadwalader 0. Wash- burn, William B. Washburn, Welker, B. F "Whittemore, Wilkinson, Willard, Williams, ^uyene AT. Wttson,JohnT. Wilson, Witeher, Woodward— 12i. Nays— Mr. Thomas L. Jones— 1. On FoTchasing Bonds. 1870, January 31 — Mr. MoNeely submitted the following resolution : Resolved, That the national debt should be paid in strict compliance with the contract, whether it is made payable in gold or green- backs; that the five-twenty, bonds are payable in greenbacks or their equivalent, and we con- demn the policy of the administration, which is squandering millions of money by buying such bonds at a nigh rate of premium, when the Gov- ernment had the clear right to redeem them at par. Which was laid on the table — yeas 122, nays 42, as follow : y^AS— Messrs. Allison, Ames, Arnell, Asper, AxteV, IBailey, Banks, Beaman, Benjamin, Bennett, Benton, iBingnam, Blair, liolesiBowen, Boyd, George M. Brooks, Buck, Buckley, Buflinton, Burehard, Calte, Cessna, Churchill, Clark, AmasaCobb, Clinton L. Cobb, Coburn, Conger, Cowles, Oullom, Dawes, Deweeae, Dickey, Dix- on, Dockeiy, Donley, Duval, Farnsworth, Ferriss. Fer- ry; Finkelnburg, Fisher, Fitch, Garfield, Gilfillan, ©reene. Hale, I-Iamilton, Ilawley, Heaton, Heilin. Hill, Hoar, Hooper, Jenckes, Judd, Kelley, Kellogg, Kolsey, Ketcham. Knapp, Laflin, Lawrence, Logan, Lough- ridge, Lynch, Maynard, MeCrary, McGrew, Mercur, Bliakim H. Moore, William Moore. Daniel J. Morrell, Samuel P. Morrill, Myer.?, O'Neill, Orth. Packard, Pack- er, Paine, Palmer, Peters, Phelps, Piatt, Poland, Pom- eroy, Roots, Sargent, Sawyer, Schenck, Scofield, Shanks, Lionel A. .Sheldon, Porter Sheldon, Slocum, JohnA. Smith, William J. Smith, WorthingtonCSmith. William Smyth, Starkweather, Stevens, Stevensoni Stokes, Stoughton, Stricli:land, Strong, Tatfe, Tanner, Tillman, Townsend, Twichell, Tyner, Upson, Cadvvala- der C. Washburn, William B. Washburn, Welker, Wheeler, B. F. Whittemore, Wilkinpon, Willard, Wil- liams— 122. NAYS^Messrs Adorns, Beatty, Secle, Biggs, Bird, James Brooh-8,Burr, CYehs. Dickinson, Do3i,Eldridgp, G&tz, Gibsrm, Golladaii, Griswold, Holman, Johnson, Thomas L. Jones, Kerr, Knott, Marshall, McConnick, JUcNeely, Mm-gan, Nib- lack, Reading, Rice, Schumaker, SJierrod, Joseph S. Smith, Stiles, Slrader, Sweene'j, Trimble, Van Aulien, Van- Trump, Voor/iees, Wells, Kfugene M. Wilson, Winchester, Woodward —42. On Increasing the Currency. 1870, February 14 — Mr. Loughridge offered the following resolution : JResolved, That in the opinion of the Houpe the business interests of the country require an in- crease in the volume of circulating currency, and the Committee on Banking and Currency are instructed to report to the House, at as early a (iay as practicable, a bill increasing the currency to the amount of at least $50,000,000. Mr. Ward nioved to lay the resolution on the table, which was disagreed to — yeas 74, nays 92, as follow : Ye.is- Messrs. Ames, Axtell, Banks, Bamum, Bear man, Benfnn, Bird, George M. Brooks, James Brooks, Buoltley, Bufflntoh, Burehard, Churchill, Cowles, Cox, Davis, Dawes, Dixon, Duval, Ela, Ferriss, l^isher, Fitoh, Garfield, (?(rf2,Gilfillan,jKat(7A<. Hale. Hill, Hoar, Hooper, Ilotchki.ss, Jenckes, Kelley, Kellogg, Kelsey, Knapp, Laflin, Lynch, McCilrew, Mercur, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Peters, Piatt, Poland, letter, BandaU, Reading, Sargent, Sawyer, Schu- maker, Scofield, Porter Sheldon, ,Ko(!Mm,Worthington C. Smith, Starkweather, Stevens, Stiles. Strong, Tanner, Tillman, Townsend, Twichell, Van Auken, Ward, Cad- walader C. Washburn, William B. Washburn, Wheeler, Willard, Woodward— It. Nays— Messrs. Allison, Armstrong, Asper, Beck, Ben- jamin, Biggs, Bingham, Boles, Booker, Boyd, Burdett, Burr, Amasa iCobb, Coburn, Cook, Conger, Orebs, De- weese, Dockery, Dox, Dyer, Bldridge, Farnsworth, Fer- ry, Finkelnburg, Gibson. GoUddaj/, Oreene, Qriswold, Hawkins, Hawley, Hay, Heflin, Hoge, Holman, Inger- soll, Johnson, Alexander H. Jones, Thomas L. Jones, Judd, Kerr, Knott, Lash, Lawrence, Logan, Lough- bridge,' Marshall, Mayham, Maypard, McCormick, Me- Crary, McKenzie, McNeely, Eliakim H. Moore, Morgan, JUungen, Niblaek, Orth, Packard, Packer, Paine, Palmer, Phelps, Pomeroy, Prosser, Beeves, Bice, Ridgway, Bogers, Schenck, Shanks, Lionel A. Sheldon, Joseph S. Smith, William Smyth, Stevenson, Stokes, Stone, Stoughton, Strader. Swann, Taffe, Trimble, Tyner, 'Van Horn, Voor. hees, Welker, Wells, Wilkinson, Eugene if; Wilson, Jfciin T. Wilson, Witcher, Wood— 92. February 21 — The resolution was agreed to — yeas 110, nays 73, as follow: Yeas — ^Messrs. Adams, Allison, Armstrong, Asper, Ayer, Beatty, Beck, Benjamin, Bennett, Bingham, Boles, Booker, Boyd, Buck,Buckley,Burdett,£Mrr, Benjamin F. Butler, Roderick B. Butler, Cake, Clarke, Amasa Cobb, loburn. Cook. Conger, Orebs, Cullom, Deweese, Dickey, I>ickinson,I)ocheTy, l)ox,'DyeT,Eldridge, Farns- worth, Ferry, Finkelnburg, Gibson, Golladay, BamiM, Hamilton, Hawkins, Hawley, Hay, Heaton, Heflin, Hoge, Holman, Ingersoll, Johnson. Alexander U. Jones, Thitmas L. Janes, Judd, Julian, Kerr, Krwtt, Lash, Law- rence, Logan, Loughridge, Jifarshall, Maynard, McCar- thy, McCin-mick, McCrary, McNeely, Eliakim H. Moore, Jesse H. Moore. Morgan, Mungen, JVifttocfc, Orth, Pack- ard, Packer, Paine, Palmer, Pomeroy, Prosser, Mice, Riigers, Roots, Schenck, Shanks, Lionel A. Sheldon, SliaTnd, John A. Smith, William J. Smith, William Smyth, Stevenson, Stokes, Stoughton^Strader, Strick- land, Swarm, Taffe, Trimble, Tyner, Van Horn, Van Frump, Van Wyck, Vrmrliees, Welker, WeOs, B. P. Whitte- more, Wilkliison, \Mlliams, Eugene M. Wilson, Jdhn T. Wilson, Witcher, Wond— 110. Nays — Messrs. Ambler, Ames, Arnell, Axtell, Banks, Bamum, Beaman, Benton, Bird, Blair, Geo. M. Brooks, James Brooks, BufBn ton, Burehard, Calkin, Cessna, Churchill, Cowles, Cox, Davis, Dawes, Duval, Ferriss, Fisher, Fitch, Garfield, Gefa, Gilfillan, Haight,Haldeman, Hale, Hoar, Hooper, Hotohkiss, Jenckes, Kelley, Kel- logg, Ketcham, Knapp, Laflin, Mayltam, McGrew, Wil- liam Moore, Samuel P. Morrill, Myers, O'Neill, Peters, Phelps, Piatt, Poland, Randall,Reading, Reeves, Sargent, Sawyer, Soofield, Slocum, Worthington C. Smith, Stark- weather, Stevens, Strong, Tanner, Tillman, Townsend, Twichell, Upson, Ward, Cadwalader 0. Washburn, Wil- liam B. Washburn, Wheeler, Willard, Wlnans, Wood- ward — 73. In Senate. 1870, February 24— Mr. Williams submitted the following resolution ; which was considered, by unanimous consent, and agreed to : Besolved, That to add to the present irredeem- able paper currency of the country would be to render more difScult and remote the resumption of specie paymeiits, to encourage and foster the spirit of speculation, to aggravate the evils pro- duced by frequent and sudden fluctuations of values, to depreciate the credit of the nation, and to check the healthful tendency of legitimate business to settle down upon a safe and perma- nent basis, and, tiherefore, in the opinion of the Senate, the existing volume of such currency ought not to be increased. In House. 1870, March 21 — Mr. Williams introduced the following resolution: Besolved, That while it is the duty of Con- gress to provide for the funding of the national debt at a lower rate of interest, and to extend the time for its payment to a period at which it will be the least oppressive to the people, it is DECLARATOEY RESOLUTIONS. 581 also the sense of this House that the interest- bearing debt of the United States should not be increased by causing a surreuder of any part of our present circulating medium not bearing in- terest, and the substitution therefor of interest- bearing bonds. Which was agreed to. On the Tariff. 1870, January 31 — Mr. Marshall offered the following resolution : Mesolved, That the power granted in the fede- ral Constitution to levy and collect taxes, duties, imposts, and excises, to pay the debts and pro- vide for the common defense and general welfare of the United States, does not include or embrace any power to levy duties for any purpose other thah the collection of revenue for the uses therein indicated; that a tariff levied for any purpose other than revenue, and especially one levied to foster and enrich one section of our country at the expense of others, or to foster and enrich one class of citizens at the expense of others, is un- authorized by the Constitution, unjust to the great body of the American people, and in its results injurious eventually to nearly every in- dustrial interest of the country. Resolved, That in the preparation of a bill for the modification of existing tariff laws Congress should confine its action strictly to the prepara- tion of a tariff for revenue exclusively ; and that the duties on ilo article should be greater than that which will give the maximum of revenue on said article. February 7 — On motion of Mr. Kelsey, it was laid on the table — ^yeas 90, nays 77, as fol- low: Yeas — Messrs. Ambler, Ames, Asper, Banks, Beaman, Bennett, Benton, Bingham, Blair, j3oles, Bowen, Buck, Buckley, Buffinton, Bardett, Cessna, Churchill, Clarke, Amasa Cobb, Conger, Cowles, Dawes, Dickey, Donley, Duval, Ela, Ferriss, Perry, Fisher, GilfiUan, Hale, Hamilton, Heaton, Heflin, Hoar, Hoge, Hotehkiss, Jenckes, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Lynch, Maynard, McGrew, Merour, Milnes, Elia- kim H. Moore, William Moore, Daniel J. Morrell, Sam- uel 1'. Morrill, Myers, Negley, O'Neill, Paine, Palmer, Phelps, Poland, Prosser, Boots, Sanford, Schenok, Scofleld, Lionel A. Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, Starkweather, Stevens, Stokes, Stoughton, Strickland, Strong, Taffe, Tanner, Tillman, Twichell, Van Horn, Ward, Cadwalader 0. Washburn, William B. Washburn, Welker, Wlieeler, B. F. Whlttemore, Willard, Williams, John T. Wilson, Witoher— 90. . , . „ , , „ Nats — Messrs. Adams, Allison, Archer, Arnell, AxtM. ■ Beatty, Beck, Benjamin, Biggs, Bird, Booker, James Brooks, Burehard, Burr, Roderick R. Butler, Calkin, Coburn, Cox, Orebs, CuUom, Deweese, Dickin3on,Dook- er:y,Dox, Finkelnburg, Getz, Gibson, GoUaday, Griswold, Haight, Matdeman, Hambleton. HamiU, Hawkins, Hay, I IngersoU, Johnson, Thomas L. ./bnes, Judd, Julian, Kerr, Knott, Lawrence, Marshall, Maijham, McCormick, Mc- Crary, AtcKemie, McNeely, Miblack, Orth. Pack ard, Pom- eroy. Beading, Beeves, Bogers, Schumaker, Shanks, Sher- rod, Slocum, William Smyth. Stevenson, Stiles, Stone, Strader, Simnn, Sweeney, Trimble, Tyner, Van Auken, Van Trump, WeUs, Edgene M, Wilson, Winans, Winchester, Wood, Woodwardr—ll. 1870, March 14— Mr. Marshall submitted the following resolution; Resolved, That the present depressed condition of the business and the various industrial inter- ests of the country demand of Congress prompt action in relieving the people of all burdens of taxation not absolutely necessary to provide for the wants of the Government economically ad- ministered, and that in reforming existing tariff laws legislation should be based upon these prin- ciples : 1. That no duty should be imposed on any article above the lowest rate which will yield the largest amount of revenue. 2. That the maximum revenue duty should he imposed on luxuries ; and 3. That the duty should be so imposed as to operate as equally as possible throughout the Union, discriminating neither for nor agaiust any class or section. Mr. Holmau moved that it lie on the table; which was disagreed to — yeas 38, nays 119, as follow : Yeas — Messrs. Ambler, Armstrong, Ayer, Banks, Ben- nett, Blair, George M. Brooks, Buck, Buckley, Benja- min P. Butler, Cessna, Davres, Bla, Fisher, Gilfillan, Hamilton, Harris, Hoar, Hoge, Jenckes, Kelsey, May- nard, MoKee, Daniel J. Morrell, Negley, O'Neill, Pack- er, Perce, Roots. Sargent, Scofleld, Lionel A. Sheldon, Porter Sheldon, Stoughton, Strickland, Tillman, Ward, Willard— 38. Nays — Messrs Adams, Allison, ^rc^er, Asper, Atwood, Bamum, Beatty, Benjamin, £ird. Boles, Boyd, James Brooks, Buffinton, Burehard, Eurdett, Burr, Calkin, Churchill, Sidney Clarke, .Amasa Cobb, Coburn, Cook, Conger, Crebs, GuUom, Dickey, Dickinson, Dockery, Donley, Dox, Eldridg^, Ferriss, Ferry, Finkelnburg, Fitch, Garfield, Getz, Griswold, Haight, Hdldeman, Hale, Hawkins, Hawley, Hay, Hays, Heflin, Hill, Bolman, In- gersoU, Johnson, Alexander H. Jones, Judd, Kelley, Kerr, Ketcba,ra,Knott, Laflin, Lash, Logan, Loughridge, Marshall, Mayham, McCarthy,- McCormiek, McCrary, McKemie. McNeely, Jesse H. Moore, William Moore, Morgan, Morphis, Samuel P. MoiTill, Mungen, Myers, Niblack, Orth, Packard, Paine, Peters, Pomeroy, Potter, Randall, Reeves, Rice, Ridgway, Bogers, Sawyer, Schenck, Schumaker, Shanks, Shprrod, Sloev/m, John A. Smith, Worthington C. Smith, Starkweather, Stevens, Steven- tioriyStiles, Stokes, ^tonp. Siroder, Strong, TaflFe, Tanner, Trimble, Tyner, Upson, Van Trump, Voorhees, Cadwalar der 0. Washburn, William B. Washburn. Welker, Wells, Wheeler, Wilkinson. Williams, Eugene M. Wilson, John T. Wilson, Wood— US. The resolution was then referred to the Com- mittee of Ways and Means. 1870, February 28 — Mr. Spink introduced the following resolution : Resolved, That the interests of the country re- quire such tariff for revenue upon foreign imports as will afford incidental protection to domestic manufacturers, and as will, without impairing the revenue, impose the lowest burden upon and best promote and encourage the great industrial in- terests of the country. Mr. Wood moved that it lie on the table, which was disagreed to. It was then passed — ^yeas 108, nays 47, as follow : Yeas — Messrs. Ambler, Ames, Atwood, Axtell.'Besr man, Bingham, Blair, James Brooks, Buck, Butfluton, Burdett, Benjamin P. Butler, Roderick R. Butler, Uake, Cei=«na, Churchill, Clinton L.Cobb, Cook, Conger, Co- Ycde, CuUom, Davis, Donle)^, Dyer, Ferriss, Fisher, Garlield, -Geiz, Hamill, Harris, Hawley, Heaton, Hill, Hoar, Hoge, Hooper, Hotehkiss, IngersoU, Jenckes, Johnson, Alexander H. Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Loughridge, Maynard, McCrary, 'McGrew, Mercur, Milnes, Eiiakim H; Moore, Je.?se H. Moore; Williapi Moore, Morphis; Morrell. Morrill, Myers, Negley, O'Neill, Packard, Paine, Palmer, I'ere*, feters, l?helps, Piatt, Pomeroy, Prosser, Randall, Sargent, Sawyer, Schenck, Scofleld, Shanks, Lionel A. Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, Starkweather, Stevens, Stevenson, Stiles, Stokes, Stoughton, Strickland, Strong, Swann, Taffe, Tanner, Tillman, Twichell, Upson, Van Horn, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, Wilkinson, VVillard, Williams, John T. Wilson, Witoher, Woodward— 108. Nays — Messrs. Allison, Archer, Biggs, Bird, Booker, Boyd, George M. Brooks, Burehard, Burr, Calkin, Cox, Crebs, Diclcinsugh- ton, Sti'icfclahd.'Strong, Taffe, Taiinnr, Taylor, Tillman, TowneeniJ, Twichell, Tyner, Upson, Van Horn, Van Wyok, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, Whitmore, Wilkinson, Willard,'Williams, John T. Wilson, Witoher— laS. Natb — Messrs. Adams, B'arnum,- Beck, Biggs. Bird, Burr, Dickinson, Fox, fj/etz, GrisUmld, Hawkins, Holman, Johnson, Thomas L. Jone^, Knott, Lewis, Mayham. McNce- h/, Mungen, Niblack, Pbtter, Reeves^ Rice, Joseph S. Smith, Stiles, Swann, Sweeney, Triitible, Van Trump, Voorhees, jVinchester, Woodward— ^2. Not voting — Messrs. Archer, Beaman. Bowen, Boyd, James Brooks, Buck, Cake, Calkin, Cessna, Cleoeland, Clinton L. Cobb, Ommr, Cox, Orebs,Dookery, Box, Dyer, Eldridge, Ferry, Garpeld, Gtbufm, Haight, Haldmian, Hale, Mavibleion, Hamill, Hamilton, Haya, Hoge. Hotch- kiss, Alexander H.' Jdne.% Julian, Kerr, hynch, Mar- shall, McCormick, Eliakim'' £^ Moore, Morgan, Samuel P. Morrill, Mqrrissey, Newsham, Perce, Pomeroy, Prosa- er, Randall^ Ridgway, Rogers, Schumaker, Sherrod, Sho- ber, Slocum, Stevenson, Sfona, Strad'et^' Vrm Auken, Wal- lace, Wells, Eugene M. .VTiteore, Winans, Wood—W). On Apportionment of Representatives. 1870, April 18 — Mr. A. H. Jones introduced the following bill ; To provide for the apportionment of representa- tives to Cpngress Among the several States. Be it enacted, do., That from' and after the 3d day of March, 1871, the House of Eepresenta- tives shall be composed of two hundred and seventy-five members', to be apportioned among the several States in accordance .with the pro- visions of this a.ot: Provided, That if, after such apportionment shall have been made, any new State shall be admitted into the Union, tha rep- resentative or representatives of such new State shall be additional to the number of two hun- dred and seventy-five herein limited ; and if the number of representatives of any State shall be reduced by such apportionment, such reduction shall not take effect in the Forty-Second Con- gress, hut such State shall have the same number pi representatives in the Forty-Second Congress to which it is by law entitled in the Forty -First Congress, and any representati've or representa- tives which any State may ha,ve in the Forty- Second Congress, in excess of the number fixed by such apportionment, shall be additional to the number of two hundred and seventy-five herein limited; and if the representation of any State shall be increased by Buch apportionment, any additional representative or representatives o:^uch State in .the Forty .iSecondCongress shall be chosen by the State at large, and all other representa,tives for the Forty-Spcond Congress shall be chosen in the respective congressional districts now provided by law in the several States., Seo. 2 That after the next ennmeration of the inhabitants of the tfnited State's shall have been completed according to law, and before the 15th day of Augusit, 1870, the Superintendent of the Census shall prepare and submit to the Sep- retary of the Interior Si preliminary report of the results of such enumeration, embracing such 584 POLITICAL MANUAL. etatistios as shall be necessary to enable the Sec- retary of the Interior to perforia the duties in this act prescribed. Seo. 3. That after the preliminary report pro- vided for in the foregoing section shall have been submitted to the Secretary of the Interior, he shall ascertain from such preliminary report the basis of representation of each State and the aggregate basis of representation of the United States, and he shall ascertain the basis of repre- sentation of the several congressional districts by dividing the aggregate basis of representa- tion of the United States by the number two hundred and seventy-five, rejecting any fraction of a unit which may. remain; and he shall ascer- tain the number of representatives to be appor- tioned to each State by dividing the basis of representation of such State by the basis of representation of the several congressional dis- tricts, rejecting any fraction of a unit which may remain ; and he shall apportion so moiuy addi- tional representatives to the States having the largest rejected fractions, one to each, as shall make the whole number of representatives two hundred and seventy-five. Sec. 4. That the Secretary of the Interior shall, on or before the 10th day of September, 1870, prepare and transmit, under the seal of his office, to the Speaker of the House of Eepre- sentatives, and to the Governor of each of the States, a certified statement of his proceedings under the provisions of this act. Seo. 5. That all acts and parts of acts in coii- flict with the provisions of this act are hereby repealed. Mr. Kelsey moved that the bill be laid upon the table, which was disagreed to — yeas 77, nays 90. The bill was then passed — yeas 86, nays 85, as follow : Yeas — Messrs. Allison, Amell, Asper, Atwood, AxteU^ Ayer, Barry, Beatty, JBeck^ Benjamin, Bingham, Boles, Booker, Boyd, Buck, Buckley, Burchard, Burdett, Ben- jamin F. Butler, Roderick B. Butler, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Cobum, Cook, Conger, ConneTf CuUom, Degener, Dockery, Dox, Farnsworth, Ferry, Finkelnburg, Fitch, Hamilton, Harris, Hawkins, Hawley, Hay, Hays, Uetlin, Hill, Hoge, IngersoU, Johnson, Alexander H. Jones, Judd, Logan, Loughridge, Marshall, Maynard, McCrary, Mc- Kee, McKenzie, Jesse H. Moore, Orth, Paine, Palmer, Perce, Piatt, Pomeroy, Porter, Prosser, Roots, Sargent, Sawyer, Shanks, Lionel A. Sheldon, Sh&rrod, William Bmyih, S^^o^e", Sweeney. Taffe, Tyner, Upson, Van Horn, Cadwalader 0. Washburn, Welker, Whitmore, Wil- liams, Eugene M. Wilson, Winans, Winchester, Witcher-^ 8G. • N.iTS — Messrs. Archer, Banks, Barnum, Beaman, Ben- ton, Bird, George M. Brooks, James Brooks, Buffinton, Burr, Cake, CalJcin, Cessna, Cowles, Dawes, Dickey, Dickinaon, Dixon, Eia, Eldridge, Ferriss, Fisher, Gar- field. Gibson, Griswold, HaUeman, Hale, Hambleton, Hamill, Hoar, Hoiman, Hooper, Hotchkiss, Jenckes, Thomas L Jones, Kelley, Kellogg, Kelsey, Xerr, Kp»pp, iawrenoe. Lynch, McCormick, MoGrew, MeNeehu, mer- cur, William Moore, Morgan, Daniel J. MorrelT, ilf«n- gen, Myers, Negley, Niblack, O'Neill, Packer, Peters, Phelps, Poland, Potter, Randall, Beeues, Sehenck, Sehu- maker, Seofleldj John A. Smith, Josmh S. Smith, Worth- ington C. Smith, Starkweather, St6ven.s, Stevenson, Strader, Strong, Tanner, Taylor, Trimble, Twiohell, Fon Trump, Voorhees, Ward, William B. Washburn, Wells, Wheeler, Willard, Wood, Woodward— 85. In Senate. 1870, Mav 25-- Mr. Trumbull, from the Com- mittee on the Judiciary, reported the bill with amendments, as follows: Strike out the words " two hundred and BeveBty-five" wherever they occur, and insert the words "three hundred. Strike but all from the word " limited " in the lltli line to the word "limited" in the 23d line, and all of the first section after the words " at large" in the 27th line. June 13. — The first amendment of the com- mittee, striking out two hundred and seventy- five, and inserting three hundred, was agreed to, yeas 31, nays 21, as follow : Teas— Messrs. Abbott, Bayard, Boreman, Carpenter, , Cnsserly, Chandler, Oorbett, Fowler, Gilbert, Harlan, Howard, Howe, Howell. Johnston. Kellogg, McCreer;/, McDonald, Pomeroy, Ramsey, Rice, Ross, Sohurz, Sprague, Stewart, Stockton, Thayer, Thurman, Tipton, Trumbull, Warner, Yates— 31. Nats— Messrs. Ames, Brownlow, Buckingham, Cole, Davis. Drake, Fenton, Hamilton of Maryland, Hamil- ton of Texas, Hamlin, Morrill of Maine, Morrill of Vermont, Morton, Pratt, Robertson, Saulsbury, Scott, Sherman, Sumner, Viekers, Williams — 21. The next amendment of th e committee, to strike out the following words — "And if the iiumber of representatives of any State shall be reduced by such apportionment, such reduction shall not take effect in the Forty- Second Congress, but such State shall have the same number of representatives in the Forty- Second Congress to which it is by law entitled in the Forty-First Congress, and any representa- tive or representatives which any State may have in the Forty-Second Congress in excess of the number fixed by such apportionment shall be additional to the number of^two hundred and seventy-five herein limited" — was agreed to. The next amendment of the committee, to strike out the following words — "And all other representatives for the Forty- Second Congress shall be chosen in the respective congressional districts now provided by law in the several- States " — was agreed to. Mr. Trumbull moved to amend, by inserting in the last clause of the first section the words "or diminished" after the word "increased;" the words " so increased and all the representatives of any State so diminished" after the words "....i 5 Florida i 'Pennsylvania ■-.., ...... 24 Texas...., 4 Delaware, .". .'. 1' Iowa 6 Maryland 6 Wisconsin 6 Virginia 8 California:....; 3 North Carolina :... 1 Minnesota ., 2 South Carolina 4 Oregon. .'. " 1 Georgia 7 Kansa.s 1 Alabama 6 West Virginia 3 Mississippi 5 Nevada i Louisiana .5 Nebraska 1 Ohio 19 Whole number of representatives 243 Delegates 9 Whole number of representatives and delegates 252 The original number fixed was 233. Eight were sub- sequently added for special States, making 241, and Nevada and Nebraska hare since been admitted into the Union, increasing the representation to 243. Another bill, containing the same provisions, with an amendment, providing that every State having a fraction exceeding one-half of the num- ber required for a representative, shall have one representative added to its representation, was passed by the Senate on the 7th day of July, 1870, but was not reached in the House, a motion to suspend the rules for the purpose of considering it having been disagreed to July 13, 1870 — ^^yeas 93„nays97.' _ ' A previous proposition on this subject was made in the House by Mr, Coburn, of Indiana, on the 13th day of December, 1869, as an amend- ment to the census bill ; which, after discussion, was withdrawn LVIl. BANKING AND CURRENCY. AH AC t to provide for the redemption of the three per centum temporary loan certificates, and for an increase of national bank notes. Beit enacted, &c.. That $54,000,000, in notes for circulation may be issued to national banking associations in addition to the $300,000,000 au- thorized by the 22d section of the "Act to pro- vide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved June 3, 1864 ; and the amount of notes so pro- vided shall be furnished to banking associations organized or to be organized in those States and Territories having less than their proportion under the apportionment contemplated by the provisions of the " Act to amend an act to pro- vide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved March 3, 1865, and the bonds deposited with the Treasurer of the United States to secure the addi- tional circulating notes herein authorized shall be of any description of bonds of the United States bearing interest in coin ; but a new apportion- ment of the increased circulation herein provided for shall be made as soon as practicable, based upon the census of 1870: Provided, That if applications for the circulation herein authorized shall not be made within one year after the pass- age of this act, by banking associations organized or to be organized in States having less , than their proportion, it shall be lawful for the Comptroller of the Currency to issue such Circula- tion to banking associations applying for the same in other States or Territories having less than their proportion, giving the preference to such as have the greatest deficiency : And Pro- vided further, That no banking association here- after organized shall have a circulation in excess of $500,000. Sec. 2. That at the end of each month after the passage of this act it shall be the duty of the Comptroller of the Currency to report to the Secretary of the Treasury the amount of circu- lating notes issued, under the provisions of the preceding section, to national banking associa- tions during the previous month ; whereupon the Secretary ol the Treasury shall redeem and can- cel an amount of the three per centum temporary loan certificates issued under the acts of March 2, 1867, and July 25, 1868, not less than the amount of circulating notes so reported, and may, if necessary, in order to procure the presentation of such temporary loan certificates lor redemp- tion, give notice to the holders thereof, by pub- lication or otherwise, that certain of said certifi- cates (which shall te designated by number, date, and amount) shall cease to bear interest from and after a day to be designated in such notice, and that the certificates so designated shaU no loiiger be available as any portion of the lawful money reserve in possession of any national banking association, and after the day designated in such notice no interest shall be paid on such certificates, and they shall not there- after be counted as a part of the reserve of any banking association. Sec. 3. That upon the deposit of any United States bonds, bearing interest payable in gold, with the Treasurer of the United States, in the manner prescribed in the 19th and 20th sections of the national currency act, it shall bo lawful for the Comptroller of the Currency to issue to the associaltion making the same circulating notes of different denominations not less than $5, not exceeding in amount eighty per cent, of the par value of the bonds deposited, which notes shall bear upon their face the promise of the associa- tion to which they are issued to pay them upon presentation at the office of the association, in gold coin of the United States, and shall be re- deemable unon such presentation in such coin: Provided, That no banking association organized under this section shall have a circulation in ex- cess of $1,000,000. Seo. 4. That every national banking associa- tion formed under the provisions of the preced- ing section of this act snail at all times keep on hand not less than twenty-five per cent, of its outstanding circulation in gold or silver coin of the United States, and shall receive at par in the payment of debts the gold notes of every other such banking association which at the time of such payments shall be redeeming its circulating notes in gold or silver coin of the United States. Seo. 5. That every association organized for the purpose of issuing gold notes as provided in this act shall he subject to all the requirementa and provisions of the national currency act, ex- cept the first clause of section 22, which limits the circulation of national banking association^ to $300,000,000; the first clause of section 3^, which, taken in connection with the preceding section, would require national banking asisocial- tions organized in the city of San Francisco to redeem t-heir circulating notes at par in the city of New York ; and the last clause of section 32, which requires every national banking associa- tion to receive in payment of debts the notes of every other national banking association at par : Provided, That in applying the provisions and requirements of said act to the banking associa- tions herein provided for the terms "lawful money ' ' and ' ' lawful money of the United States," shall beheld and construed to mean gold or silver coin of the United States. Seo. ,6.^ That to secure a more equitable distri- bution of the national banking currency, there may be issued circulating notes to banking asso- ciaiions organized in States and Territories hav- 586 BANKING AND CUERBNCT. 587 ing less than their proportion, as herein set forth ; and the amount olciroulation in this section au- thorized shall, under the direction of the Secre- tary of the Treasury, as it may be required for this purpose, be withdrawn, as herein provided, from banking associations organized in States having a circulation exceeding that provided for by the act entitled " An act to amend an act en- titled ' An act to provide for a national banking currency secured by pledge of United States bonds, and to provid.e for the circulation and re- demption thereof,' " approved March 3, 1865, but the amount so withdrawn shall not exceed $25,- 000,000. The Comptroller of the Currency shall, under the direction of the Secretary of the Treas- ury, make a statement showing the amount of circulation in each State and Territory, and the amount to he retired by each hanking assocj ation in accordance with this section, and shall, when such redistribution of circulation is required, make a requisition for such amount upon such hanks, commencing with the banks having a^cit- oulation exceeding $1,000,000 in States having an excess of circulation, and withdrawing their circulation in excess of $1,000,000, and then pro- ceeding pro rata with other banks having a cir- culation exceeding $300,000 in States having the largest excess^ of circulation, and reducing the circulation of such banks in States having the greatest proportion in excess, leaving undisturb- ed the banks in States haviiga smaller propoi:- tion, until those in greater excess have been re- duced to the same grade, and continuing thus to make the reduction provided for by this act until the full amount of $25,000,000 herein provided for shall be withdrawn ; and the circulation so withdrawn shall be distributed among the States and Territories having less than their proportion, so as to equalize the same ; and it snail be the duty of the Comptroller of the Currency, under the direction of the Se6retary of the Treasury, forthwith to make a requisition for the amount thereof upon the banks above indicated as herein prescribed; and upon failure pf such associations, di any of them, to return the amount' so required within one year, it shall be the duty of the Comp- troller of the CurreAcy to sell at public auction, having given twenty days' uotice thereof in one daily newspaper printed in Washington and one in New York city, an amount of bonds deposited by said association, as security for said circula- tion, equal tp the circulation to be withdrawn from said association and not returned in com- pliance with such requisition; and the Comp- troller of the Curreucv .shall with the proceeds redeem so many of the notes of said banking association as .they come into the treasury as will equal the amount required and not so returned, and shall pay the balance, if any, to such bank- ing association: Provided, That no circulation shall be withdrawn under the provisions' of this section until after the $54,000,000 granted in the' first section shall have been taken up. Seo 7. That after the expiration of six months from the passage of this act any banking asso- ciation located in any State hailing more than its proportion of circulation may be removed to any State having less than its proportion of cir- culation, under such rules and regulations as the Comptroller of the Currency, with the approval of the Secretary of the Treasury, may require: Provided, That the amount of the issue of said banks shall not be deducted from the amount of new issue provided for in this act. Approved July 13, 18'rO. Final Vote. In Senate, July 6, 1870. The bill, as printed above, being the report pf the co:nmittee of conference last appointed, was agreed .to without a division. In House, July 7, 1870. YsAS— Messrs. Allison, Ambler. Armstrong, Asper, Atwood, Ayer, Bailey, Banks, Benjamin, Bennett, Benton, Blair, Boles, Booker, Boyd, Buck, Buckley, Burchard, Burdett, Eoderick B. Butler, Cake, Cessna, Churchill, William T . Glark,Sidney Clarke, Amasa Cobb, Coburn, Conger, Cook, Covode, Cowles, Darrall, 'Dickey, Donley, Duval, Dyer, Ferries, Ferry, Finkelnburg, Fisher, Garfield, Gilfillan, Harris, Hawley, Hays, Hifl, Thomas L. Jonee, Judd, Kelley, Knapp, Lash, Logan, Lgughridge, MoCfirthy, MoOrary, MoGrew, McKenzk, MerCiir,' Eliakim- H. Moore, Jesse H. Moore, William Moore, Morphia, Daniel J. Morrell, Myers, Negley, O'Neill, Packard, Packer, Painter, Peck, Poland, Porter, Prosser, Roots, Sawyer, Scofleld, Lionel A. Sheldoh, Porter ShiSldon, John A. Smith, William J. Smith, Worlhington O. Smith, William Smyth, Stevens, Stokes, Stouehton, Strickland, Taffe, Tanner, Taylor, Tillrhaii, Tfimble, Upson, "Van Horn, Cadwalader C. Washburn, William B. Washburn, Wheeler, Whitmore, Wilkinson, WiUard, John t: Wilson— 100. Niifs^Mesars, Adams, Archer, Arnell, AxteU, Barmm, Beatty, Biggs, Bingham, Bird, George M. Brooks, JanUt Broolcs, Buffinton, Burr, Benjamin F. Butler, CalMri, Cltiveland, Cornier, Cox, Oi'ebs, Davis, Bickinsfm, Dixon, Box, Ela, Qetz, Haldeman, Hamill, Hawkins, Hay, Hoar, Hooper, IngersoU, Jenekea, Johnson, Julian, Kellogg, Kerr, Lawrence, Leuris, Marshsdl,' Mayhum, McCtyrmich, McSeely, Morgan, Mimgm, Mblack, Orth, Paine, Potter, BandaU, Beeves, Bice, Sanford, Sargent, ' Schumafcer, Shanks, Sloaim, Joseph & Smith, Starkweather, Steven- son^ Stiles, Stone, Strong, Sioann, Sweeney, Townsend, TwiehellLTyner, Van Aukm, Van Trump, Van Wyok, Voorhees, Ward, Welker, Williams, Winchester, Woodward —77. Previous Votes. In Senate. 1870, January 11 — Mr. Sherman, from the Comij[fittee on Finance, reported the following bill : To provide a national currency of coin notes, and to equalize tfie distribution of circulating notes. , ., Be it enacted, <&c., That $45,000,000 in notes for circulation may be issued to national bank- ing associations, in addition to the $300,000,000 ajithorized by the 28d seiotion of the "Act to provide a national currency secured by a pledge of 'United States bonds, and to provide for tae circulation and redemption thereof," approved June 4„ 1864; and the -arnbunt of notes so pra- vided shall be furnished to banking as8ociati,ons .organized op: to be,orga,niz6d in those States and Territories having less than their proportion under the apportionment contemplated by the provisions of the "Act to amend an act to pro- vide a national currency secured by a pledge of United States bonds, and to provide for the cir- culation and redemption thereof," approved March 3, 1865 ; but a new apportionment shall he made as soon as practicable, based upon the census of 1870. Sep. 2. That at the end of each, month after the passage of this act it shall be the duty oi 588 POLITICAL MANUAL. the Comptroller of the Currency to report to the Secretary of the Treasury the amount of cirfu- lating notes issued to national banking associa- tions during the previous month; whereupon the Secretary of the Treasury shall redeem and retire an amount of the three per centum tem- porory loan certificates issued under the acts of March 2, 1867, and July 25, 1868, not less than the amount of circulating notes so reported ; and may, if necessary, in order to procure the pre- sentation of such temporary loan certificates for redemption, give notice to the holders thereof, by publication or otherwise, that certain of said certificates, (which shall be designated by num- ber, date, and amount,) shall cease to bear inter- est from and after the date of such notice, and that the certificates so designated shall no longer be available as any portion of the lawful money reserve in the possession of any national bank, and after such notice no interest shall be paid on such certificates, and they shall not be counted as a part of the reserve of any banking association. Sbo. 3. That upon the deposit of any United States bonds, bearing interest payable in gold, with the Treasurer of the United States, in the manner prescribed in the nineteenth and twen- tieth sections of the national currency act, it shall be lawful for the Comptroller of the Currency to issue to the association making the same circu- lating notes of different denominations, not less than five dollars, equal in a*nount to ninety per centum of the gold value of the bonds deposited, but not exceeding eighty per centum of their par value ; which notes shall bear upon their face the promise of the association to which they are issued to pay them upon presentation at the office of the association in gold or silver coin of the United States, and shall be redeemable upon such pre- sentation in such coin. Sec. 4. That every national banking associa- tion formed under the provisions of section three of this act shall at all times keep on hand not less than twenty-five per centum of its outstand- ing circulation in gold or silver coin of the United States, and shall receive at par in the payment of debts the gold notes of every other banking asso- ciation which at the time of such payment shall be redeeming its circulating notes in gold or silver coin of the United States. Sec. 5. That every association organized for the purpose of issuing gold notes, as provided in the preceding section, shall be subject to all the requirements and provisions of the national cur- rency act, except the first clause of section 22, which limits the circulation of national banking associations to $300,000,000; the first clause o? section 32, which, taken in connection with the preceding section, would require national bank- ing associations organized in the city of San Francisco to redeem their circulating notes at par in the city of New York ; and the last clause of section 32, which requires every national banking association to receive in payment of debts the notes ofievery other national Banking association at par: Provided, That in applying the provisions and requirements of said act to the banking associations herein provided for, the terms "law- ful money" and "lawful money of the United States" shall be held and construed to mean gold or silver coin of the United States. January 31 — The Senate being in Committee of the Whole, Mr. Sherman, from the Committee on Finance, moved to"^trike out, in section three, the words " equal in amount to ninety per cent, of the gold value of the bonds deposited. But not exceeding eighty per cent, of their par value," and in lieu thereof to insert "not exceeding in amount eighty per cent, of the par value of the bonds deposited;" which was agreed to. Mr. Sherman also moved to insert, as section three, the following: ; Seo. 3. That any banking association located in any State having more than its proportion of circulation may be removed to any State having less than its proportion of circulation, under such rules and regulations as the Comptroller of the Currency, with the approval of the Secretary of the Treasury, may require. Mr. Abbett moved to amend this amendment by adding the following: Provided, That the amount to be issued by said banks shall not be deducted from the amount of new issue provided for in this act. Which was agreed to. Mr. Warner moved to insert at the beginning of the section the words, "after the expiration of six months from the passage of this act;" which was agreed to. The amendment as amended was then agreed to — yeas 43, nays 12, aa follow : Teas — Messrs. Abbott, Bayard, Brownlow, Cameron, Carpenter, Cagserlj/, Chandler, Corbett, Davis, Drake, Gilbert, Harlan, Harris, Howe, Howell, Johnston, Kel- logg, Lewis, itcOreery, Morton, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice. Robertson, Ross, Saulsbury, Saw- yer, Schurz, Scott, Sherman, Spencer, Stewart, Stock- ion, Thayer, Tipton, Trumbull, Viekers, Warner, Willey, ■Williams- 43. Nats — Messrs. Anthony, Buckingham, Conkling, Ed- munds, Fenton, Ferry, McDonald, Morrill of Vermont, Norton, Nye, Sumner, Wilson — 12. February 1 — Mr. Morton moved to amend the first section by striking out, in the first line, the words "forty -five," and inserting the words "fifty-two." Which was agreed to — yeas 39, nays 21,,j,3 follow : Yeas— Messrs. Abbott, Bayard. Boreraan, Brownlow, Cameron, Carpenter, Davis, Drake, Fowler, Gilbert, Bamilton of Maryland,Harlan,Harri3, Howard, Howe, Howell, Johmton, Kellogg, McOreery, McDonald, Mor- rill of Maine, Morton, Norton, Osborn, Pomeroy. Pool, Pratt, Ramsey, Rice, Robertson, Ross, Schurz, Scott, Spencer, Thayer, TJmrman, Tipton, Tickers, Warner— 39. . NAYS-Messrs. Anthony, Buckingham, Casserry,Chand- ler, Conkling, Corbett, Cragin, Edmunds, Fentou, Hamlin, Momll of Vermont, Patterson, Smiistui-ji, Sher- man, Stewart, Stockton, Sumner, Trumbull, Willey, Wil- liams, Wilson — 21. Mr. Conkling moved to amend by inserting after the word "apportionment," where it last occurs in the first section, the words "of the fifty-two million dollars of circulating notes hereby authorized." Which was disagreed to — ^yeas 23, nays 38, as follow : Yeas- Messrs. Anthony, Boreman, Buckingham, Cameron, Chandler, Cole, Conkling, Corbett, Cragin, Edmunds, Fenton, Ferry, Hamlin, Morrill of Maine, Morrill of Vermont, Osborn, Patterson, Pomeroj Rice Soott, Stewart, Sumner, Wilson — 23. NAYS-Messrs. Abbott, £oj/orc(jBrownlow, Carpenter Casserly, Davis, Drake, Fowler, Hamilton of Maryl.xna Harlan, Harris, Howe, Howell, Johnston. Kellogg Vc- Creery, McDonald, Morton, Norton, Pool, Pratt, R.'ttI.ssv Robertson, Ross, Saulsbury, Sawyer, Schurz, Siiermuii' BANKINa AND CURBENCT. 589 Spencer. Hfmkton, Thayer. Thwman, Tiptorf, Trumbull, iiokers, Warnor, Willey, Williams— 38. Mr. Conkling further moved to strike out the last part of the first section, as follows: " but a new apportionment shall be made as soon as practicable, based upon the census of 1870." Which was disagreed to — yeas 16, nays 44, as follow : Yeas— Messrs; Aflthony, Boreman, Buckingham, Cole, Conkling Oragin, Edmunds, Penton, Ferry, Ham- lin, Howe, Morrill of Vermont, Patterson, Soott, Sum- ner, Wilson— 16. Nay."! — Messrs. Abbott, Bayard, Brownlow, Cameron, Carpenter, Cassei'Zv,Corbett, Davis, Drake, Fowler, Ham- ilton of Maryland, Harlan, Harris, Howard, Howell, Johnston, JUcOreery, McDonald, Morrill of Maine, Mor- ton, Norton, Osbom, Pomoroy, Pool, Pratt, Ramsey, Bice, Robertson, Ross, Saulshury, Sawyer, Schnrz, Sher- man, Spencer, Stewart, Stockton, Thayer, Thurman, Tip- ton, Trumbull, Vickers, Warner, Willey, Williams — H. Mr. Sumner offered an amendment, which was disagreed to without a division. Mr. Saulshury moved to add to the end of the bill the following: Sbo. — . That the sixth section of the act ap- proved March 3, 1865, entitled "Act to amend an act entitled ' An act to provide internal reve- nue to support the Government, to pay the in- terest on the public debt, and for other purposes,' approved June 30, 1864," be, and the same is hereby, repealed. (The section referred to imposed a tax of ten per cent, on State bank circulation ^) which was disagreed to — ^yeas 18, nays 42, as follow: YtAS— Messrs. Bayard, Cameron, Casserly, Cragin, Dor- m>, Ferry, BamiUon of Maryland, Johnston, McCreery, I^nrion, Pool, Robertson, Saulshury, Spencer, Stockton, j TImrman, Vickers, Wilson — 18. I Navs — Messrs. Abbott, A.nthony, Boreman, Brown- low. Carpenter, ChandlerJ Cole, Conkling, Gorbett, Drake, Edmunds, Fenton, Hamlin, Harlan, Harris, Howard, Howe, Howell, Kellogg, McDonald, Morrill , of fliaine, Morrill of Vermont, Morton, Osborn, Patter- ! son, Pomeroy, Pratt, Ramsey, Bice, EosSj Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tip- ton, Trumbull, Warner, Willey, Williams — 42. Mr, Morton moved to add the following to the bill: r, Sec. — . That to secure a better distribution : of the national banking currency, there may be j issued circulation notes to banking associations i organized in States and Territories having a less ; hanking circulation than their pro rata share, as : herein set forth. And the circulation in this seo- ! tion authorized shall within one year, if required, ' be withdrawn, as herein provided, from Banks organized in States having a circulation exoeed- ' mg that provided for by the act entitled "An , act to amend an act entitled 'An act to provide i for a national banking currency secured by pledteeof United States bonds, and to provide for ij the circulation and redemption thereof,' approved 'i March 3, 1865;" but the amount to be so with- * drawn shall not exceed |13,000,000. The Comp- o'< troUer of the Currency shall, under the direction of the Secretary of the Treasury, make a state- 1,1 meat showing the amount of circulation in each State and the amount to be retired by each bank Hfin accordance with this section, and shall, when '('circulation is required, make a requisition for jlJsuch -amount upon such banks, commencing. with the banks having a circulation exceeding $1,000,- i''i000 in States having an excess of circulation, "(>and withdrawing one-third of their circulation j.dn excess of $1,000,000, and then proceeding pro rata with banks having a circulation exceeding $100,000 in States having the largest excess of circulation, and reducing the circulation of banks in States having the greatest proportion in ex- cess, leaving undisturbed the banks in States having a smaller proportion, until those in greater excess have been reduced to the same grade, and continuing thus to make the reduc- tion provided for by this act until the full amount of $13,000,000 herein provided for shall be with- drawn ; and the circulation so withdrawn shall be distributed among the States and Territories having less than their proportion, and so as to equalize the distribution of such circulation among such States and Territories upon the basis provided by law. And upon failure of such bank to return the amount so required within ninety days after said requisition, it shall be the duty of the Comptroller of the Currency to sell at public auction, having given twenty days' notice in a newspaper published in Washington city and New York city, an amount of bonds deposited by said bank as seaurity for its circu- lation equal to the circulation to be withdrawn from sUoh bank, and with the proceeds to re- deem so many of the notes of such bank, as they come into the treasury, as will equal the amount required from it, and shall pay the balance to such bank: Provided, That no circulation shall be withdrawn from States having an excess until after the $52,000,000 granted in the first sectiou have been taken up. Mr« Davis m.oved to strike out the word "thir- teen," wherever it occurs in the amendment, and insert the words "twenty-five;" which was disa- greed to. The amendment of Mr. Morton was then agreed to^yeas 34, nays 27, as follow; , Yeas— 'Messrs. Atobott, .Bajfrtrd, Brownlow,- Carpenterr, Casserly, Cole, Davis, Fowler, Hamilton of Maryland, Harlan, Harris,, Ilowe, Howell, Johnston, Kellogg, Mc- Creery, MBlDonaJld, Ti*f orton, Norton, Osborn, Pool, Pratt, Ramsey, Bice,, Eobertson, Saulshury, Sawyer, Spencer, Stockton, Thayer, Thurman,Tipton, Hcfcers, Wilson — 34. Nays ^Messrs. Anthony, Boreman, Buckingham, Cameron, Chandler, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Gilbert, Hamlin, Howard, Morrill of Maine, Morrill of Vermont, Patterson, Pom- eroy, ' Seott, Sherman, Stewart, Sumner, Trumbull, Warner, Willey, Williams— 2T. Mr. Kellogg moved to amend by striking out the 4th, 5th, and 6th sections, which' was disa- greed to — yeas 24, nays 33, as follow : Yeas — Messrs. Bat.ard, Boreman, Buckingham, Car- penter, Casserly, Coinkling, Fowler, Hamilton of Mary- land, Harris, Howe, Howell, Kellogg, SIcDonald, Mor- ton, Norton, Rice, Saulshury, Soott, Spencer, Stockton, Sumner, Thayer, Thurman, Vickers— 24:. Nays— Messrs. -Abbott, Anthony, Brownlow, Cameron, Chandlpr, Cole, Corbefct, Cragin, Davis, Drake, Ed- mnnds',.F6nton, FBiry, Harld-n, ISBoward, McCreery, Mo'> riU of i Maine, Morrill of Vermont, Osborn, Patterson, Pomeroy, Pool, Pratt, Robertson, Sawyer, Sherman, Stewart, Ti.pto'n, Trumbull, Warher, Willey, Williams,,, Wilson— 33. Mr. Chandler moved to strike out the 1st sec- tion ; which was disagreed to. Mr. Vickers moved to insert at the end of sec- tion 4 the following: Provided, fhat the aggregate amount of bank- ing capital to be furnished Under this section shall not exceed $50,000,000. Which was disagreed to. Mr. Sherman moved to insert in the 1st sec- tion, after the word "apportionment," where it 590 POLITICAL MANUAL. last occurs, the words "of the circulation herein provided for." Which -was agreed to. Mr. Casserly moved to strike out in section 5 the words "at all times keep on hand not less than twenty-five per centum of its outstanding circulation in gold or silver coin of the United States," and insert in lieu thereof: Before the issue to it of any circulating notes, have a paid-up cash capital of not less than $400,000, which shall not thereafter be dimin- ished. It shall at all times have on hand, in gold and silver coin of the United States, not less than thirty-three and one-third per cent, of ita outstanding circulation, and two-thirds in specie funds, in bills, notes, and other securities. If at any time the gold and silver coin shall fall b^low the proportion above specified, such banking as- sociation shall not make any loan, discount^ or issue of circulating notes until such proportion shall be restored; and a violation of this provis- ion 'shall be an act of insolvency, and every di- rector participating in such violation shall become Individually liable for all debts and obligations of such banking association. Which was disagreed to — yeas 11, nays 47, as follow : Yeas — Messrs. Bayard, Casaerly, Davis^ Fowler, Mam^ ilton of Maryland, McCreery, SaMthwry, Spencer, Stock- ton, Thurman, Vickers — ^11. Nats— Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Cameron, Carpenter, Chandler, Cole, Conkling, Corbett, Cra^n, Drake, Edmunds, Fenton, Ferry, Hamlin, Harlan, Harris, Howard, Howe, McDon- ald, Morrill of Maine, Morrill of Vermont, Morton, Os- born, Patterson, Pomeroy, Pool, Pratt, Ramsey, Eioe, Robertson, Ross, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, WiUey, Williams, Wilson — 47. Mr. Casserly further moved to amend the bill by inserting at the end thereof the following as an additional section : Sec. — . That bonds of the United States de- posited by any bank or banking association under the provisions of this act shall cease to bear in- terest while they are so deposited, and the fran- chise of banking hereby granted shall be deemed to be payment and discharge of all interest ac- crued during the period of such deposit. Which was disagreed to — yeas 9, nays 46, as follow : Tea-s — Messrs. Bayard, Casserly, Davis, Fowler, Ha/mUr ton of Maryland, McOreery, Norton, Thurman, Vickers— 9. Nats — Messrs. Abbott, Anthony, Boreman, Brown- low, Buckingham, Cameron,CaiT)enter, Chandler, Conk- ling, Corbett, -Cragin, Drake. Edmunds, Fenton, Ferry, Hamlin, Harlan, Harris, Howard, Howell, Johnston, Mc- Donald, Morrill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pool, Ramsey, Bice, Robertson, Ross,&mte- bury. Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 46. Mr. Boss moved to amend section 1 by adding •thereto the following: Provided, That nothing in this section shall be construed to prevent the immediate distribution of $25,000,000 of the above sum under the pro- visions of this act. Which was disagreed to. Mr. Wilson moved to add to the bill the fol- lowing: Sec. ^-. That no banking association organ- ized, or to be organized, under the act to provide a national currency secured by a pledge of United States bonds, and to provide for the cir- culation and redemption thereof, approved June 3, 1864, shall in any cas* charge or receive upon any loan or discount a higher rate of interest loan seven per cent, per annum. Which, being modified, on motion of Mr. Thur- man, by adding the following : And any contract upon which more than seven per cent, shall be reserved or received shall be void. Was disagreed to — yeas 13, nays 48, as follow: Teas — Messrs. Bayard, Cameron, Carpenter, Conk- ling, Oragiu, Edmunds, Patterson, Pratt, Rice, Ross, Spencer, Thurman. Wilson— 13. Nats— Messrs. Abbott, Anthony, ?oreman. Brown- low. Backingham, Chandler, Cole, Corbett, Davit, Drake, Fenton, Feriy, Fowler, GUbeit, Hamilton of Maryland. Hamlin, Harlan, Harris, Howard, Howe, Howell, Johnston, Hellogg, McOreery, McDonald, Morrill of Maine, Morrill of Vermont, Norton, Osborn, Pome- roy, Pool, Ramsey, Robertson, Savisbury, Sawyer, Schurz, Scott, Sherman, Stewart, Stockton, Sumner, Thayer, Tipton, Trumbull, Vickers, Warner, Willey, Williams — 48. February 2. — The bill having been reported to the Senate with the amendments, the first question being on concurring in the first amend- ment offered by Mr. Morton and adopted, it was disagreed to. .The second amendment, being that offered by Mr. Sherman as section 3, was agreed to — yeas 43, nays 20, as follow : Yeas — Messrs. Abbott, Bayard, Boreman, Brownlow, Carpenter, Casserly, Chandler, Corbett, Drake, Gilbert, Harlan, Harris, Howard, Howe, Howell, Johnston, Kel- logg, Lewis, Morrill of Maine, Morton, Osborn, Pom- eroy, Pool, Pratt, Ramsey, Bice, Robertson, Ross, Saw- yer, Schurz, Scott, Sherman, Spencer, Stewart, Stockton, Thayer, .Thurman, Tipton, Trumbull, Ficfers, Warner, Willey, Williams— 43 Nats — Messrs. Anthony, Backingham, Cameron, Conkling, Cragin, Davis, Edmunds, Fenton, Ferry, Bamilton of Maryland, Hamlin, McOreery, McDonald, Morrill of Vermont, Norton, Nye, Patterson, Saulsbury, Sumner, Wilson — 20. The first amendment offered by Mr. Sherman was then agreed to — yeas 44, nays 12, as follow ■ Yeas — ^Messrs. Abbott, Anthony, Boreman, Brown- low, Backingham, Cameron, Chandler, Cole, Conkling, Corbett, Edmunds, Fenton, Ferry, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, Kellogg, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson — 44 Nats— Messrs. Bayard, Carpenter, Casserly, Davis, ffamiUon of Maryland, Howe, McDonald, Norton,Sauli- bury, Stockton, Thurman,Vickei'g — 12. Mr. Morton moved to amend the amendment offered by him and adopted, by striking out the word "thirteen" wherever it occurs therein and inserting the word "twenty," and by striking out the word " fifty-two " and inserting the word "forty-five;" which was agreed to — ^yeas 43, nays 15, as follow : Yeas — Messrs. Abbott, Bayard, Boreman, Brownlow, Carpenter, Omerly, Cole, Corbett, Davis, Drake, Fowler, Gilbert, HamilUm of Maryland, Harlan, Harris, Howe. Howell, JbAnsfon, Kellogg, McOreery, McDonald, Mortoni Nmton, Osborn, Pratt, Rice, Robertson, Ross, Saulsbury, Sawyer, Schurz, Scott, Sherman, Spencer, Stewart, mockton, Thayer, IViurman, Tipton, Trumbull, Vickers, Warner, Wilson — 43. Nats- Messrs. Anthony, Buckingham, Cameron, Chandler, Conkling, Cragin, Edmunds, Fenton, Ferry, Howard, Morrill of Maine, Morrill of Vermont, Patter- son, Sumner, Willey— 16. The amendment of Mr. Morton as thus amended was then agreed to — ^yeas 39, nays 15, as follow : Yeas- Messrs. Abbott, Bayard, Boreman, Brownlow BANKING AND CURRENCY. 591 Carpenter, Casserhj, Corbett, Davis, Drake,' Harlan, Har- ris, ilowe, Howell, Kellogg, McOreery. McDonald, Mor- ion, Osborn. Pool, Pratt,, Eamsey, Eioe, Eobertson, Boss. Sawyer, Sohurz, Soott, Sherman. Spencer. Stew- art, Stockton, Thayer, Tlmrman, Tipton, Trumbull, Vieh- era, Warner, Willey. Wilson— 39. Nats — Messrs. Anthony, Buckingham, Cameron, Oonkling.Cragin, Edmunds, Penton, Ferry, Fowler, Howard, Mornll of Maine, Morrill of Vermont, Nye, Patterson, Sumner— IB. Mr. Morrill, of Vermont, moved to insert at the end of section 3 the following: But shall be accounted for as between the States from which and to which any banks may remove. Which was disagreed to — ^yeas 21, nays 36, as follow : Yeas — Messrs.. Anthony, Buckingham, Cameron, Chandler, Conkling, Cragin, Edmunds, Fenton, Ferry, Gilbert, Hamlin, Morrill of Maine, Morrill of Vermont, Nye, Patterson, Sherman, Stewart, Sumner, Vickers, Williams, Wilson— 21. Nats— Messrs. Abbott, Boreman, Brownlow, Carpen- ter, Casserly. Corbett, Dtmii, Drake, Fowler, Harlan, Harris, Howard, Howe, Howell, Johnston, Kellogg, Mc- Oteery. McDonald. Morton, Norton, Osborn, Pool, Pratt, Ramsey, Rice, Robertson, Boss, Saulsbury, Sawyer, Schurz, Scott, SUiaOim, Thayer, Tipton, Trumbull, War- ner— 36. Mr. Howe moved to strike out the 4th, 5t}i, and 6th sections ; which was disagreed to — yeas 29, nays 29, as follow : Yeas- Messrs. Abbott Bayard Boreman, Bucking- ham, Carpenter, Casserly, Conkling, Davis, Drake, Fer- ry. Fowler, HamiUon of Maryland, Harris, Howe, How- ell, Johnston, Kellogg, McDonald, Morton, Norton, Pom- eroy. Rice, Saulsbury, Scott, Spencer, Stockton, Sunmer, Tlmrman, Vickers — 29. Nats — Slessrs. Anthony, Brownlow, Cameron, Cor- bett, Edmunds, Gilbert, Hamlin, Harlan, Howard, Mc- Oeery, Morrill of Maine, Mortrill of Vermont, Nye, Os- born, Patterson, Pool, Pratt, Robertson, Ross, Sawyer, Sherman. Stewart, Thayer, Tipton, Trumbull. Warner, Willey, Williams, Wilson- 29. The bill was then passed — ^yeas 39, nays 23, as follow : Yeas— Messrs. Abbott, Boreman, Brownlow, Came- ron, Chandler, Corbett, Dwois, Drake, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, JohnxUm, Kellogg, McOresi-y, Norton, Kye, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Ross, Sawyer, Schurz, Sher- man, Spencer. Stewart, Thayer, Tipton, TruinbuU, Warner, Willey, Williams, Wilson— 39. Nats— Messrs. Anthony, Bayard, Buckingham, Car- pentei', Oatserly, Cole, Conkling,' Edmunds, Fenton, Ferry, Fowler, MamiUon of Maryland, Howe, McDon- ald, Morrill of Maine, Morrill of Vermont, Norton, Saulsbury, Scott, Stockton, Sumner, TTmrman, Tickers— 23. ' In House or Bbpeesbntatives. 1870, June 9 — Mr. Garfield, from the Committee on Banking and Currency, offered the following substitute for the Senate bill : That $95,000,000 in notes for circulation may be issued to national banking associations, in addition to the $300,000,000 authorized by the 22d section of the "Act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved June 3, 1864; and the amount of notes so provided shall be furnished to banking associations organized or to be or- ganized in those States and Territories having &SS tlian their proportion under the'apportion- ment contemplated by the provisions of the " Act to amend an act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved March 3, 1865, and the bonds deposited with the Treasurer of the United States to secure the additional circulatiiig notes herein authorized shall be of any description of bonds of the United States bearing interest in coin : Promded, That if applications for the circulation herein authorized shall not be made within one year after the passage of this act, by banking associations organized or to be organized in States having lesS than their proportion, it shall be lawful for the Comptroller of the Currency to issue such circulation to banking associations in other States or Territories not in excess apply- ing for the same, giving the preference to such as have the geatest deficiency: And provided fur- ther. That no banking association hereafter or- ganized shall have a circulation in excess of $500,000. Seo. 2. That at the end of each month after the passage of this act it shall be the duty of the Comptroller of the Currency to report to the Secretary of the Treasury the amount of circu- lating notes issued under the provisions of .the preceding section to national banking associa- tions during the previous month; whereupon the Secretary of the Treasury shall redeem and cancel an amount of the three per centum tem- porary loan certificates issued under the acts of March 2, 186Y, and July 25, 1868, not less than the amount of circulating notes so reported, and may, if necessary, in order to procure the pre- sentation of such temporary loan certificates for redemption, give notice to thie holders thereof, by publication or otherwise, that certain of said certificates (which shall be designated by num- ber, date, and amount) shall cease to bear in- terest from and after a day to be designated in such notice, and that the certificates so designated shall no longer be available as any portion of the lawful money reserve in possession of any national banking association, and after the day designated in such notice no interest shall be paiC on such certificates, and they shall not thereafter be counted as a part of the reserve of any banking association. And when the whole amount of additional circulating notes issued in accordance with the provisions of the preceding section of this act shall exceed the amount of the three per' centum temporary loan certificates, the Secretary of the Treasury shall, at the be- ginning of each month, redeem and cancel an amount of United States notes equal to eighty per centum of the amount of additional circu- lating notes issued to national banking associa- tions during the preceding month, in accordance with the provisions of this act. Seo. 3. That to secure a more equitable distri- bution of the liational banking currency, there may be issued circulating notes to banking associ- ations organized in States and Territories having less than their proportion as herein set forth. And the amount of circulation in this section au- thorized shall, under the direction of the Secre- tary of the Treasury, as it may be required for this purpose, be withdrawn, as herein provided, from banking associations organized m States having a circulation exceeding that provided for by the act entitled "An act to amend an act en- titled ' An act to provide for a national banking currency secured by pledge of United States bonds, and to provide for the circulation and re- demption thereof,' " approved March 3, 1865; 592 POLITICAL MANUAL. but the amount so withdrawn shall not exceed $25,000,000. The Comptroller of the Currency shall, under the direction of the Secretary of the Treasury, make a statement showing the amount of circulation in each State and Territory, and the amount to be retired by each banking associ- ation in accordance with this section, and shall, when such redistribution of circulation is required, make a requisition for such amount upon such banks, commencing with the banks having a cir- culation exceeding $1,000,000 in States having an excess of circulation, and withdrawing their circulation in excess of $1,000,000, and then pro- ceeding pro rata with other banks having a cir- culation exceeding $300,000 in States having the largest excess of circulation, ■ and reducing the circulation of such banks in States having the greatest proportion in excess, leavingundiaturbed the banks in States having a smaller proportion, until those in greater excess have been reduced to the same grade, and continuing thus to make the reduction provided for by this act until the full amount of $25,000,000 herein provided for shall be withdrawn ; and the circulation so with- drawn shall be distributed among the States and Territories having less than their proportion, so as to equalize the same. And it shall . be the duty of the Comptroller of the Currency, under the direction of the Secretary of the Treasury, forthwith to make a requisition for the amount thereof upon the banks above indicated, as herein prescribed. And upon failure of such associations, or any of them, to return the amount so required within one year, it shall be the duty of the Comp- troller of the Currency to sell at public auction, having given twenty days' notice thereof in one daily newspaper printed in Washington; and one in New York city, an amount of bonds deposited by said association, as security for said circula- tion, equal to the circulation to be withdrawn from said association and not returned in com- pliance with such requisition; and the Comp- troller of the Currency shall with the proceeds redeem so many of the notes of said banking association, as they come into the treasury, as will equal the amount required and not so re- turnea, and shall pay the balance, if 'any, to such banking association : Provided, That no circula- tion shall be withdrawn under the provisions of this section until after the $95,000,000 granted in the Ist section shall have been taken up. Seo. 4. That after the expiration of six months from the passage of this act any banking asso- ciation located in any State having more than its proportion of circulation may be removed to any State having less than its proportion of cir- culation, under such rules and regulations as the Comptroller of the Currency, with the approval of the Secretary of the Treasury, may require : Provided, That the amount of the issue of said banks shall not be deducted from the amount of new issue provided for in this act. June 14 — Mr. Randall offered the following sabstitute: That from and after the passage of this act it shall be unlawful for any individual, associa- tion, or corporation to issue as money any note or bill not authorized by act of Congress ; and the Secretary of the Treasury is hereby authorized to issue, on the credit of the United States, such sums as may be necessary for the purposes set forth in this act, not exceeding in aggregate amount $300,000,000 of United States notes, not bearing interest, of such denominations as he may deem expedient, not less than $5 each, which said notes shall be lawful money and a legal tender for debts in like manner as provided in the 1st section of an act entitled "An act to authorize the issue of United States notes, and for the redemption or funding thereof, and for funding the floating debt of the United States," passed February 25, 1862. And the provisions of the 6th and 7th sections of said act are hereby re-enacted and applied to the notes herein au- thorized. Sec. 2. That the notes issued under this act shall be used only in exchange for the circulating notes issued to national banking associations under the provisions of an act of Congress ap- proved March 3, 1864, entitled "An act to pro- vide a national currency secured by a pledge of United States bonds," &c., and for the purchase of such amour^ts of United States bonds as may be necessary to carry out the true intent of this act. ■Sec. 3. That all circulating notes of national banking associations which may hereafter be paid into the Treasury of the United States shall be retained in the treasury and not again put in circulation; and the Secretary of the Treasury may pay out for circulation, as the wants of the Government may require, an equal amount of the United States notes hereby authorized to be issued. And the Secretary of the Treasury may exchange United States notes, issued under au- thority of this act, with any person or persons for a like amount of circulating notes of national banking associations. And the Secretary of tho Treasury shall notify any banking association of the amount of its notes so accumulated when such amount is not less than $900 ; and the said banking association is. hereby required, within thirty days after the issuing of said notice, to redeem said n'otes at the Treasury of the United States in lawful money, and to present the notes so redeemed to the Secretary of the Treasury for cancellation. And the Secretary of the Treasury is hereby directed to cancel the said notes and to return to the said banking association the pro- portionate amount of United States bonds de- posited as security for the same. Seo. 4. That in case any national banking as- sociation shall neglect or decline to redeem its circulating notes as provided in the preceding section within the thirty days therein specified, the Secretary of the Treasury is hereby author- ized and directed to cancel said notes, and -to pay said banking association in the United States notes authorized by this act the market value of the United States bonds deposited as security for said circulating notes, after deducting therefrom the amount required for redeeming said national bank notes, and to cancel said bonds, first fur- nishing to said banking association a list of the numbers, dates, and denominations of the notes so canceled: Provided, That if it shall appear to the Secretary of the Treasury that any of such bonds, held by him on deposit as security for said notes, shall have matured, then it shall be his duty to take the same up at par with the notes BANKING AND CUEEBNCy. 593 authorized by this act to an extent of the propor- tion of the notes to he so redeemed and bonds held as security for the same. Sec. 5. That when the circulating notes of any national banking association shall have been so far redeemed and canceled at the Treasury that the remaining notes shall not exceed three per cent, of the whole amount of circulating notes originally issued to said banking association, the Secretary of the Treasury is hereby authorized and directed to return to said bank the bonds deposited as security for its circulating notes, and said banking association shall be relieved from its obligation to pay said notes remaining in cir- culation, and the same shall be redeemed by the Secretary of the Treasury, and paid, on presenta- tion to the Treasury, out of any money in the Treasury not otherwise appropriated. Sec. 6. That so much of any law or laws as are inconsistent herewith shall be, and the same are hereby, repealed. Which was disagreed to — ^yeas 51, nays 111, as follow : Yeas — Messrs. Adams, Axtell^ Beck, Bird, Booker, Ben- jamin F. Butler, CailMn, Clinton L. Cobb, Cook, Covode, Cnx, ( 'ret)s, Dockery, Box, Eidridge, Fitch, Fox, Getz, Gib- son, Hartiblcton, HamiR, Hay, Hays, HeSin, Holman, John- son, LsiS}i',MurshaU^ McCormick, McNeely, Milnes, Morgan, MorrisscJ/, Muvgen, Jfiblack, RandoU, Jieeves, Mice, Ridg- way, RogePs,f.^hv,'inaker, Sherrod, SJwber, Joseph S. Smith, iStiUs, &trad^^ti§we6ney,-Trimbh, Wells, Winchester, Wood- ward — 51. "-ft^;' Nays— Messrs. *ifcUJsoii, Ambler, Ames, Armstrong, Asper, Atwood, Bail§iy".~"Banks, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Bipgs^ Bingham, Blair, Boles, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Eoderiok B. Butler," Cessna,. Churchill, Sidney Clarke, Amasa Cobb, Cobnrh, Coni ger, Cowles, Cullom, Dawes, Degener, Dickey, Dixon, Donley, Duval, Ferriss, Finkelnburg, Fisher, Garfield, Giifillan, Griswold, Hawley, Hoar, Hooper, Hotchkiss, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lawrence, Lewis, Logan, Mayham, May- nard. McCarthy, McCrary, McGrew, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Newsham, Orth, Packard, Paine, Palmer, Peck, Perce, Phelps, Plait, Poland, Pomeroy, Porter, Fatter, Prosser, Sanford, Sargent, Sawyer, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William Smvth, Starkweather, Stokes, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Townsend, Twichell, Upson, Fa?t Trump, Van Wyck, Ward, Cad- walader C. Washburn, William B. Washburn, Wheeler, Whitmore, Winans— 111. Mr. Morgan moved to substitute the following : That all acts aiid parts of acts authorizing the issue of national bank notes be, and the same are hereby, repealed. Sec. 2. That in order to meet the demands of trade, to secure a currency in quantity and value corresponding to the development of the material wealth and population of the United States, and provide for the people a means of paying their taxes, the Secretary of the Treasury is hereby re. quired to cause to be executed gold treasury notes, commonly, callecj greenbacks, of conssenient de- nomiuatiotis^ in imnnerand form as already pre- scriberb'ylaWiW^^Qiiat -of .1^000,000. Sec. 3. That the Sea^tary of the Treasury is hereby further required to cancel and destroy all matured United States bonds deposited by the national banks as security in the Treasury of the United States, and to redeem in said treasury notes the national bank notes issued on said bonds, and return to said banks, in redemption for their notes, the non-matured bonds deposited as afore- said ; and he shall cancel and destroy all such 38 bank notes which have been or may be received by the agents of the United States in payment of taxes, or otherwise, and substitute for the same an equal amount of gold treasury notes, and pay to the depositors of said bonds a sum at par in treasury notes equal to the difference be- tween the nominal value of the bonds deposited and the amount of bank currency issued on them. Sec. 4. That the Secretary of the Treasury is hereby also required to forthwith give notice, by publication, to the holders of the 5-20 bonds, so called, (which shall be designated by number, date, and amount,) of the largest denominations, and of such issues as have matured, that the same will he paid to the amount of $100,000,000, at par, in said treasury notes on presentation, and that on failure to present said bonds for payment within six weeks after said notice interest on the same shall cease from that date. Seo. 5. That in order to secure a uniform and stable currency, from and after the passage of this act all taxes, duties, and imposts of every kind, payable to the Goveriftnent of the United States, shall be receivable in gold, silver, or treas- ury notes, at the option of the person making the payment; and upon the redemption of the public debt all outstanding treasury notes shall be re- deemed at par, in gold or silver, in a manner to be provided for by law. And all acts andparts of acts inconsistent with the provisions of this act are hereby repealed. Which was disagreed to — yeas 37, nays 127, as follow : Yeas — Messrs. Adams, Jxtdl, Beck, Biqgs, Bird, Burr, avmner^ Crebs, Box, Gibson, Hamill, Hawkins, Hays, Hef- lin; potman, Johrisan, KeiT, Knott, Lewis, MarslwM, McCor- mick, McJVedy, Morgan, Mungm, Niblack, Reeves, Rice, Ridgway, Rogers, 'Shetvnd, Shober, Strader, Sweeney, Trim- ble. Van Trump, Wells, Winchester — 37. Nats— Messrs. Allison, Ambler,, Ames, Armstrong, Asper, Atwood, Bailey, Banks, Harry, Beaman, Beatty, Benjamin, Bennett, ' Benton, Bingham,' Ulair, Boles, Booker, George M. Brooks, Buckley, Bufflnton, Burch- ard, Burdett, Rodteriok R. Butler, Calkin, Cessna, Churchill, William T. Clark, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cox, Cullo;;n, Dawes, Degener, Dickey, Dixon, .lonley, Duval, fcia, Farnsworth, Ferriss, Ferry, Finkelnburg, Fisher, Fox, Garfield, (?etz, Giifillan, Grigwold, llaie. Hamblelon, Ham- ilton, Harris, Hawley, nay. Hooper, Hotchkiss, Inger- soll, Judd, Julian, Kelley, Kellogg, Kelsey. Ketoham, Knapp, LaSin, Lash, Lawrence, Logan, Mmnard, Mc- Carthy, McCrary, McGrew, Mercur, Milnes, EUakim If. Moore, Jesse H. Moore, William Moore, Morphis, Dan- iel J. Morrell, Morriffsey, JNewsham, Orth, Packard, Paine, Palmer, Peck, Perce, Phelps, Piatt, Poland, Pom- eroy, Porter, Potter, Prosser, Randall, Sanford, Sargent, Sawyer, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William Smyth. Starkweather, Stiles, Stokes, Stoughton, Strickland, Taffe, Tanner, Taylor. Tillman, Townsend, Twichell, Upson, Van Horn, Van Wyck, Ward, Cadwalader C. Washbhrn, Whitmore, Willard, John T. Wilson, Winans— 127: June 15 — Mr. IngersoU moved to substitute the following: That the Secretary of the Treasury, in addition to the United States legal-tender notes heretofore issued under former acts. of Congress, be, and he is hereby, authorized and directed to issue like notes ;of the denominations heretofore issued, and in such proportions.as he may -deem best, to the amount of $44,000,000;$10,000,000 of said notes to be issued within thirty days after the pas- sage of this act, and $10,000,000 within sixty days after the passage of this act ; and ^10,000,- 000 within ninety days after the passage, of this act, and the reioaining $14^300,000 within or e o94 POLITICAL MANUAL. hundred and twenty days after the passage of this act. " Which was disagreed to — ^yeas 51, nays 103, as follow: Yeas — Messrs. AdaTns, Archer, Beatty, Beck, Bennett, Burr, Amasa Cobb, Cobum, Cook, Conner, Orebs, CuIIom, Dox, Mldridge, Gibson, HawhUton, I^amiU, HamiltoQ, Hawkins, Hay, Hays, Heflin, Solman, IngersoU, Kerr, Knott, Lawrence, Lewis, Marshall, McCormick, McKemie, MuNeely, itUnes, Morgan, Niblack, Orth, Packard, Seeues, Rice, ^dm/jay, Rogers, Roots, Sherrod, Strader, Trimble, Tyner, Van Trump, Welle, Winchester, Witeher, Wood— 51. Nats — Messrs. Allison, Ambler, Ames, Asper, Atwood, Bailey, Banks, Barry, Beaman, Benjamin, Benton, Bingham, £ird, Blair, Booker, George M. Brooks, Buck, BjicKley, ButBnton, Burchard, Burdett, BodeTick R. Butler, Cessna. Churchill, Sidney Clarke, deoOand; Con- ger, Cowles, Cox, Degener, Dickey, Dixon, Donley, Du- val, Dyer, Ela, Farnsworth, Ferris.s ,Finkelnburg, Fish- er, Fitch, Fox, Garfield, Getz, HaigU, Hale, Harris, Haw- ley.Hoar, Hooper, Hotchkiss, Judd, Julian, Kelley, Kel- logg, Kelsey, Ketcham, Knapp, Laflin, Lash, Maynard, ■ McCarthy, MoCrary, McGrew, Merour, William Moore, ■ Morphis, Daniel J. Morrell, Morrissey, Ne*sham, Pack- er,- Peck, Perce, Phelps, Poland, Pomeroy, Potter, Ban- SaU, Sargent, Sawyer, Schenck, Schumaker, Porter Shel-, don, Joseph S. Smith, William Smyth, Starkweather, Stiles,, Stoke.i, Strickland, Strong, Sioann, Tafi*, Tanner, Till-' man, Twichell, Upson, Van Auken, Van Wyck, Ward, William B. Washburn, Will4rd, Wjnans, Woodwarir-ioa. ilessrs. IngersoU and Lynch offered amend- ments in the nature of substitutes, which were disagreed to without a division. Mr. Joseph S. Smith moved to insert as an additional section to the Senate hill : Sec. — . That after the 1st day of January, A. D. 1871, no interest shall he paid to any national banking association on the bonds deposited by it in pursuance of law as security for its circula- tion, except on the excess of the par value of such bonds over and above the amount of na- tional bank notes issued to it and not redeemed or canceled by the Government ; and that after that date no tax shall be levied or collected on the circulation of any national banking associa- tion. Which was disagreed to — ^yeas 37, nays 118, as follow : Yeas — Messrs. Adams, Beck, Bird, Burr, Calkin, Conner, Cox, Crebs, Dox, SanibleUm, Hplman, Knott, Lewis, Mar- shall, Mayham, McNedy, Milnes, Morgan, Morrissey, Mun^ gen, Niblaek, Randall, Reeves, Rice, Ridgway, Rogers, Schu- maker, Sherrod, Shober, Joseph S. Smith, Stiles, Sweeney, Trimble,Van Auken,Van Trump,Winchf.ster,Wood-~S7. Nays— Messrs. Allison, Ames, Armstrong. Asper, At- wood, Bailey, Banks, Barry, Beaman, Beatty, Bennett, Benton, Blair, Boles, Booker, Boyd, George M. Brooks, Buck, Buckley, Bufflnton, Burchard, Burdett, Benia^ min F. Butler, Roderick R. Butler, Cessna, Churchill, William T.OIark, Cleveland, Amasa Cobb, Coburn, Cook, Conger, Cowles, Degener, Dickey, Dixon, Dockery, Donley, Duval, Bla, Farnsworth, Perriss, Pinkelnburg, Fisher, Garfield, Getz, HaigU, Hale, Hamilton, Hawkins, Hawley, Hsiy, Hays, Hoar, Hooper, Hotchkiss, Inger- soU, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Logan, Maynard, Mc- Carthy, MoCrary, McGrew, Merour, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Orth, Packard, Packer, Paine, Palmer, Peek, Phelps, Piatt, Poland, Pomeroy, I^Uer, Sargent, Saw- yer, Schenck, Lionel A. Sheldon, John A. Smith, Wil- iara Smyth, Starkweather, Stokes, Stoughton, Strader, Strickland, Strong, Tarte, Tanner, Taylor, Tillman, Twichell, Tyner, Upson, Van Wyok, Ward, Cadwalader C. Washburn, William B. Washburn, Wheeler, Willard, John T. Wilson, Winans, Witeher, Jroodwarii— lis. , Mr- Judd moved to strike out the following from the 2d section of the substitute : And when the whole amount of additional circulating notes, issued in accordance with the provisions of the preceding section of this act, lihall exceed Ahe. amount of three per cent, tem- 7- jl: porary loan certificates, the Secretary of the Treasury shall, at the beginning of each month, redeem and cancel an amount of United States notes equal to eighty per cent, of the amount of additional circulating notes issued to national banking associations during the preceding month, in accordance with the provisions of this act. Which was agreed to, upon a division — ayes 72, noes 44. Mr. Allison moved to add to the last section of the substitute the following; And from and after the passage of this act it shall be unlawful for any national banking association to pay interest on deposits received from and deposited by any other national bank- ing association, or to pay interest on current deposits, or to include in its reserve of lawful money any deposits upon which interest is re- ceived or paid. Which was disagreed to — ^yeas 69, nays 94, as follow ; Yeas — Messrs. Adams, Allison, Ames, Archer, Asper, Axtell, Barry, Beck, Biggs, Boles, Burchard, Burr, Oatr kin, Churchill, William T. Clark, Cleieland, Cook, Con- fer, Conner, Oreis, Degener, Dox, Dyer, Finkelnburg, bi, Garfield, Getz, JIaight, Harris, Hawkins, Hay, Hef- lin, 'Soliiian, Hooper, Judd, Kelley, Knott, Marshall, Mayham, Maynard, McCormick, McKemie, McNeely, Milnes, Morgan, Morrissey, Mungen, Niblaok, Perce, Beeves, Rice, Ridgway, Rogers, Schenck, Sherrodf Slioher, Joseph S. SmUh. Stiles, Strader, Sweeney, Taylor, Trimble, Van Aulcen, VdnTrump, fFeite, Winans, ^inc/iMie*',' Witeher, FPbod — G9t Nays — Messrs. Ambler, Armstrong, Atwood, Bailey, Banks, Beaman, Beatty, Benton, Bingham, Bird, Blair, Booker, B6yd, GeOrge M. Brooks, Buck, Buckley, Buf- finton, Burdett, Roderick R. Butler, Cessna, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cowles, Cox, Cullom, Dawes, Dlokey, Dixon, Donley, Duval, Farnsworth, Ferriss, Fisher, Griswold, Hawley, Hays, Hoar, Hotchkiss, IngersoU, Julian, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Lewis, Mc- Carthy, McGrew, Mercur, Eliakim II. Moore, Jesse H.' Moore, William Mobre, Daniel J. Morrell, Samuel P. Morrill, Newsham, Orth, Packard, Packer, Paine, Peck, Phelps, Piatt, Poland, Pomeroy. Roots, Sanford, Sargent, Sawyer, Lionel A. Sheldon, Porter Sheldon William Smyth, Starkweather, Stokes, Stoughtoii Strickland, Strong, Taffe, Tanner, Tillman, Twichell, Tyner, Upson, Van Wyck, Ward, Cadwalader C. Wash- burn, William B. Washburn, Wheeler, Willard, John T. Wilson, Woodward — 94. Mr. Burchard moved to amend the substitute by adding the following as a new section : Sec. — . That hereafter every national bank- ing association shall retain and keep in coin, or Treasury coin certificates, as part of its reserve, the interest falling due upon its bonds deposited as security for its circulation, until the reserve required to be kept by such bank at its place of business shall consist wholly of coin and coin certificates. Which was disagreed to — yeas 33, nays not counted. Mr. Coburn moved to add to the substitute of the committee the following, as a new section ; Seo. — . That the Secretary of the Treasury be, and he is hereby, authorized to issue on the credit of the United States the sum of $44,000,- 000 of United States notes, in addition to such as have been heretofore issued, in denominations of not less than $100, under the provisions of law for issuing such notes, and shall with them redeem the said three per cent, temporary loan certificates, used as a portion of the lawful money reserves by the national banks. Which was disagreed to — yeaa 77, nays 95, a« follow : BAITKING AND CURRENCY. 595 Teas— Meaars. Adams, Alliaon, Aniea. Jrcher, Beatty, Beck, Bennett, Boles, Booker, Boyd. Baokley, Burr, Ben- jamin F. Butler, Roderick R. Butler, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Cmner, Vrebi, CuUom, Dockery, Dox, Dyer, JEldndge, Gtbim^ Griswold, Hambleton, Hawkins, Hay, Haya, Heflin, Bol- mare, IngersoU, Knott, Lash, Lawrence, LewlSj Marshall, Maynard, McCormick, McKenzie, McNeeltf, Kliakim H. Moore, Jesse H. Moore, Morgan, Morphls, Morriss&y, Mimgm, Newsham, Niblack, Orth, Packard, Pomeroy, Randall, Reeves, Rice, Ridffway, Rogers, Roots, Sherrod, Shober, Joseph S. Smith, Strader, Taffe, Trimble, Tyner, Van Horn, ram iVMTitp, Van Wyck, Wells, John T. Wilson, Winchester, Witeher, Wood—tT. Nats — Messrs. Ambler, Armstrong, Asper, Atwood, AxieU, Bailey, Banks, Barry, Beaman, Benjamin, Ben- ton, Bingham, Bird, Blair, George M. Brooks, Janws Brooks, buok, Buflfinton, Burchard, Burdett, Calkin, Churchill, William T. Clark, Cleveland, Conger, Cowles, Cox, Dawes, Degener, Dlekey, Dixon, Donley. Duval, Farnsworth, Ferriss, Finkelnburg, Fisher, J^a;, Gar- field, Qeiz, Haight, Hale, Hawley, Hooper, Hotchkiss, Judd, Julian, Eelley, Kellogg. Kelsey, Eetcham, Knapp, Laflin, Mayham, McCarthy, McGrew, Mercur, "William Moore, Daniel J. Morrell, Samuel P. Morrill, Packer, Paine, Palmer, Peck, Perce, Phelps, Piatt, Po- land, Porter, Potter, Sanford, Sawyer, Sohenck, Schur maker, Lionel A. Sheldon, Porter Sheldon, William Smyth, Starkweather, Stiles, Stokes, Stoughton, Strick- land, Strong, Tanner, Taylor, Tillman, Twiohell, Up- son, Van Auken, Ward,-Cadwalader C. Washburn, Wil- liam B, Washburn, Wheeler, Willard, Winans, JToo* ward — 95. The bill was then passed — ^yeaa 98, nays 80, as follow: Yeas— Messrs. Allison, Ambler, Armstrong, Asper, Atwood, Bailey, Barry, Beaman, Beatty, Benjamin, Bennebt, Bingham, Boles, Booker, Boyd, Buck) Buck- ley, B&rohard, Burdett, Cessna, William T. Clark, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom, Degener, Dickey, Dockery, Donley, Duval, Dyer, Farnsworth, Finkelnburg, Garfield, Gio- eon, Hamilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Judd, Julian, Kelley, Kelsey, Knapp, Lash, Lawrence, Logan, McCarthy, .^oCbrmicfc'. McCrary, Mc- Grew, MoKee, McKenzie, Mercur, MUnes, Eliakiin H. Moore, Jesse H. Moore, William Moore, Morphis. New- sham, Orth, Packard, Packer, Palmer, Peck,. Perce, Phelps, Piatt, Pomeroy, Rogers, Boots, Schenck,Shanks, Lionel A. Sheldon, Porter Sheldon, William Smyth, Stokes, Stoughton, Strickland, Taffe, Tillman, Tyner, Upson, Van Horn, Van Wyck.Welker, We^te, Wilkin- son, Willard, John T. Wilson, Winans, Witeher— 98. Nays — Messrs. Adams, Ames, Archer, Axtell, Banks, Benton, Biggs, Bird, Blair, George M. Brooks. James Brooks, Buffinton, Burr, Calkin, Churchill, Cleveland, Conner, Cox, Orebs, Dawes, Dixon, Dox, Ela, Eldridge, Ferriss, Fisher, Fox, Getz, Orisioold, Haight, Hale, Ham^ bleton, BamUl, ^oa,r,Bolman, Hooper, Ingersoll, Ketch- am, Knott, Laflin, Lemi, Marshall, Mayham, Maynard, McNeely, Morgan, Daniel J. Morrell, Samuel P. Morrill, Morrissey, Mungen, Niblack, Paine, Poland, Potter, Ran- dall, Reeves, Rice, Sanford, Sargent, Sawyer, Shober, Joseph S. Smith, Starkweather, Stiles, Strader, Strong, Swann, Sweeney, Tanner, Taylor, Twichell, Van Auken, van, Trump, Ward, Cadwalader C. Washburn, William "B. Washburn, Wheeler, Win^ehester, Wood, Woodward— 80. Mr. Garfield moved to amend the title, so as to read: "To provide for the redemption of the three per cent, temporary loan certificates and for the increase of national bank notes." Which was agreed to. 1870, June 21 — The.SsNATE refused to concur in the House amendments and asked a committee of conference, which was granted. June 27 — The Committee op CoNFEBEiroE, consisting of Senators Sherman, Warner, and Sprague, and Eepreseutatives Garfield, Thomas L. Jones, and Lionel A. Sheldon, made the fol- lowing report: That the Senate recede from their disagreement to the amendments of the House to the Senate bill, and agree to the same, with the following amendments : Page 1, line 1, strike out "ninety-five" and insert in lieu thereof "forty-five." Page 1, line 18, after the word "coin" insert the following "but a new apportionment of the increased circu- lation herein provided for shall be made as soon as pi'aoticable, based upon the census of 1870." After section — add the following sections; Seo. — . That npon th6 deposit of any United States bonds, bearing interest payable in gold, with the Treasurer of the United States, in the manner prescribed in the 19fch and 20th sec- tions of the national currency act, it shall be lawful for the Comptroller of the Currency to issue to the association making the same circu- lating notes of different denominations not less than five dollars, not exceeding in amount eighty per cent, of the par value of the bonds deposited which notes shall bear upon their face the prom' ise of the association to which they are issued to pay them upon presentation at the oiEce of the association in gold coin of the United States, and shall be redeemable upon such presentation in such coin: Provided, ThaWno banking associa- tion organized undfir this section shall have a circulation in excess of $1,000,000. Seo. — . That every national banking associa- tion formed under the provisions of the preced- ing section of this act shall at all times keep on hand not less than twenty-five per cent, of its outstanding circulation in gold or silver coin of the United States, and shallreceive at par in the payment of debts the gold notes of every other such banking association which at the time of such payments shall be redeeming its circulating notes in gold coin of the United States. Seo. — . That every association organized for the purpose of issuing gold notes, as provided in this section, shall be subject to all the require- ments and provisions of the national currency act, except the first clause of section 22, which limits the' circulation of national banking asso- ciations to $300,000,000 "r the first clause of 'sec- tion 32, which, taken in connection with the pre- ceding section, would require national banking associations organized in the city of Sau Fran- cisco to redfeem their circulating notes at par in the city of New York; and the last clause of section 32, which requires every national bank- ing association to receive in payment of (iebts the notes of every other national banking asso- ciation at par : Provided, That in applying the provisions and requirements of said act to the banking associations herein provided for, the terms "lawful money " and "lawful money of the United States " shall be held and construed to mean gold or silver coin of the United States. That section 3 he amended as follows : page 4, line 3, after the word " withdrawing," insert " one- third of." Sam'e page, line 5, strike out the word "three" and insert m lieu thereof the' word "two." In Hodse, June 29, 1870. . The report of the committee of conference was disagreed to — ^yeas ■53, nays 127, as follow: Yeas— Messrs. Ames, Asper, Ayer, Bailey, Benton, Blair, Boles, Bowen, Buckley, Roderick B. Butler, Churchill, Dickey, Ela, FerrisS, Finkelnburg, Fitch, Garfield, Hale, Harris, Heflin, Hill, Thomas L. Jones, Kelsey, Knapp, Laflin, Lash, Mercur, Eliakiin H. Moore, Palmer, Perce, Poland, Pomeroy, Boots, Sai gest, Sawyer, Schenck, Scofield, Lionel A. Sheldon, POLITICAL MANUAL. Porter Sheldon, Shoher, John A. Smith, Worthington C. Smith, 'William Smyth, Stevens, Stokes, Tanner, Tavlor, Tillman, Upson, Wallace, Ward, Willard, Wi- Bans— ns. Nats— Messrs. Adams, Allison, Ambler, Armstrong, Atwood, Banks, Barnum, Beatty, Seek, Benjamin, Ben- nett, Biqgs, Bingham, Bird, George M. Brooks, James Brooks, Buffinton, Burchard, Burr, Benjamin F. Butler, CaVdn, Cessna, William T. Clark, Sidney Clarke. Cleve- Taml. Amasa Cobb, Clinton L. Cobb, Coburn, Conger, Cook, Cox, Orebs, Cullom, Davis, Dawes. Degener, Diek- imon, Dixon, Dockery, Box, Dyer, JEldnage, Farns- worth. Ferry, Fisher, Getz, Griswold, Hambleton, Ham- iU, Hawkins, Hawley, Hay, Hoar. Holman, Hooper, In- gersoU, Johnson. J udd. Kelley, Kellogg, Kerr, Ketcham, T^nott. Lawrence, Lewis, Loughridge, Marshall. May- nard, McCarthy, McCtrrmielc, McGrew, McKee, McNeely, MUnes, Jesse H. Moore, William Moore, Morgan,, Mor- phis, Daniel J. Morrell, Mimgen, Myers, Negley, Nih- laek, O'Neill, Orth, Packer. Paine, Peek, Phelps, Porter, Prosser, Reaiea, Bice, Rogers, Sanford, Sehvmaker, Shanks siocum, Joseph S. Smith, Starkweather, Steven- son, Stil", Stone, Stoughton, Sirod«-,Strickland,Strong, Swann, Sweeney, Taffe, Townsend,Twiehell. Tyner, Van Aukm, Van Horn, Van Wyck. Welker, Wells, Wheeler, Whitmore, Wilkinson, Williams. Eugene M. Wilson, John T. Wilson, Winchester, Wood, Wooclward — 127. A second committee of conference, consisting of Senators Williams, Morton, and Bayard, ana Eepresentatives Judd, Packer, and Knott, agreed upon a report, being the bill as ' finally passed, and printed at the beginning of this chapter. The following, it is understood, will be the ap- portionment of the additional circulation given m this act: Virginia, $4,915,985; West Virginia, $457,770; Illinois, $1,079,592; Michigan, $786,776; Wis- consin, $2,117,939; Iowa, $681,363; Kansas, $174,712; Missouri, $3,000,412; Kentucky, $4,- 651,349; Tennessee, $4,331,759; Louisiana, $5,- 425,193; Mississippi, $2,980,470; Nebraska, $6,- 576; Georgia, $4,681,728; North Carolina, $4,- 098,628; South Carolina, $4,216,838; Alabama, $4,081,212; Oregon, $161,273; Texas, $2,032,- 194; Arkansas, $1,455,519; Utah, $58,332; Cal- ifornia, $1,717,3^8; Florida, $546,442 ; Dakota, $15,441; New Mexico, $277,939; Washington Territory, $47,180. Total, $54,000,000. The following is the apportionment of the ex- isting circulation : Maine, $5,415,000; New Hampshire, $3,312,- 000; Vermont, $2,989,500; Massachusetts, $21,- 795,000; Rhode Island, $4,794,000; Connecticut, $7,222,500; New York, $53,473,500; New Jersey, $6,690,000; Pennsylvania, $26,527,500; Mary- land^ $7,137,000; Delaware, $1,090,500; District of CVlumbia, $658,500; Virginia, $10,731,000; West Virginia, $2,788,500; Ohio, $17,623,500; Indiana, $9,615,000; Illinois, $11,838,000; Mich- igan, $5,200,500; Wisconsin, $6,211,500; Iowa, $4,408,500; Minnesota, $1;050,000; Kansas, $646,500; Missouri, $9,411,000; Kentucky, $10,- 500,000; Tennessee, $8,766,000; Louisiana, $10,- .581,000; Mississippi, $5,265,000; Nebraska, $181,500; Colorado, $193,500; Georgia, $9,420,- 500; North Carolina, $7,546,500; South Carolina, $7,566,000; Alabama, $7,425,000; Nevada, $48,- 000; Oregon, $370,600; Texas, $3,961,000; Ar- kansas, $2,724,000; Utah, $237,000; California, $3,003,000; Florida, $955,500; Dakota, $27,000; New Mexico, $486,000; Washington Territory, $82,500. Total, $299,968,500. In House, Deeerriber 11, 1869. Mr. Ingersoll introduced a "bill authorizing an additional issue of legal-tender notes to the amount of $44,000,000, and for other purposes ;" which was referred to the Committee on Banking and Currency. Pending question of reference, Mr. Scofield moved to lay the bill on the table; which was disagreed to — ^yeas 65, nays 88, as follow: Yeas — Messrs. Ambler. Ames, Asper, Bailey, Beaman, Benjamin, Biggs. Bird, Blair, Boyd, George M. Brooks, Buck. Buckley, Buffinton, Cox. Dawes, Dixon. Donley, Duval, Ferriss, Finkelnburg. Fisher, Garfield, Getz, BaU deman. Hoar, Hooper, Jenckes, Kelley, Kellogg, Kelsey, Kerr, Kbtahara, Knapp, L^flin, Laah, McGrew, Merour, William Moore, Samuel P. Morrill, Mungen, .Myers, O'Neill, Poland,i?a7idaZ/, Beading, Beeves. Scotield. Porter Sheldon, Johj A. Smith, Worthington C Smith, Stark, weather, Stevens . Stoughton, Strickland, Strong,Towns- end.Twiohell, Ward, Cadwalader C. Washburn. William B. Washburn, Wheeler, Willard, Winans, Woodward~^G5. Nats— Messrs. Allison, Armstrong, Arneli, Beatty, Bennett, Boles, Burchard, Burdett, Burr, Benjamin F. Butler, Roderick R. Butler, Calkin, Cessna. Amasa Cobb, Coburn, Cook, Cowles, Orebs, Cullom, Davi^. iie- weese, Dickinsmt. Dockery, Box, Dyer, Eldridge, rarns- worth. Ferry, Fitch, Gilfillan, Griswold, Hamilton, Hawkins Hawley, Hay, Heaton . Heflin, Hoag, Solomon L. Hoge, Hnlman. Ingersoll, Johnson, Alexander H. Jonee, Judd, Julian, Knott. Lawrence, Loughridge, May- ham, Maynard, McCarthy, McOfrmiek, McCrary, Mor- gan, Negley, Niblack, Orth, Packard, Paine, "Peters, Pomeroy, Prosser, Bice. Rogers, Sargent, Lionel A. Shel- don, Joseph S. Smith, William J. Smith, William Smyth, Stevenson, Stokes, SUmA, Strader, Sweeney, Taffe, Tanner, Tillman, Tyner, Upson, Van Trump, Welker, WeUs, n. F. Whittemore, Wilkinson, Williams, Bugene M. Wilson, Witoher, Wood^-W. 1870, January 17 — Mr. McNeely moved to sus- pend the rules to offer, and the House to adopt, the following resolution, viz: Resolved, That the Committee on Banking and Currency be, and they are hereby, instructed to report at an early day a bill providing for with- drawing from circulation the national bank cur- rency, and for issuing, instead of such currency, treasury notes, usually known as "greenbacks.'' Which was disagreed to — yeas 56, nays 114, as follow: Yeas — Messrs. Adams, Archer, Axtell, Beck, Biggs, Bird, James Brooks, Burr, Roderick B. Butler, Catkin, Cox, Orebs, Dickinson, Box, Eldridge, Oetz, GoUadau, Greene, Griswold, Haight, IIaldeman,'Sambleton, HamUl, Haw- kins, Hay, BolTnan, Johnson, Thomas L. Jones, Kerr, Knott, Marshall, Mayham, McCormick, McNeely, Moraan, Mungen, Niblack, Randall, Reading, Reeves, Rogers, Schn- maker, Sherrod, Joseph S. Smith, Stiles, Strader, Swann, Trimble, Van Auken, Van Trump, Voorhees, Wells, Eu- gene M. Wilson, Winchester, Wood, Woodward— 6G. Nays — ^lessrs. Ambler, Ames, Armstrong, Asper, Bai- ley, Banks, Barnum, Beaman, Beatty, Benjamin, Ben- ton, Bingham, Blair, Boles, Bowen, Boyd, G. SI. lirooks. Buck, Buckley, BufBnton, Burchard, Burdett, Cake, Cessna, Sidney Clarke, Ama.«a Cobb,. Clinton L. Oobb, Coburn, Ciok, Conger, Cowles. Dawes, Deweese, Dick- ey, Dixon, Donley, Duval, Dyer, Ferriss, Finkelnburg, Fisher, Garfield, Gilfillan, Hale, Hamilton, Hawley, Heaton,Heflin, Hill. Hoar, Hooper, Jenckes, Judd, Ju- lian, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Lash, Lawrence, Logan, Lynch, McCarthy, McCrary, McGr&w, Merour, Bliakim H. Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Myers, Negley, O'Neill, Ortli", Packard, Packer, Paine, Palmer, Peters, Phelps, Po- land, Pomeroy, Potter, Prosser, Roots, Sargent, Sawyer, Scofield, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, Stark- weather, Stevens, Stokes, Stoughton, Strong, Taffe, Tanner, Tillman, Townsend. Twiohell, Tyner? Upson, Cadwalader C. Washburn, William B. Washburn, Wel- ker. Wheeler, Wilkinson, Willard, Williams, John T. Wilson— 114. LVIIl. THE FUNDING ACT. AN ACT to authorize the refunding of the na- tional debt. Se it enacted, &c., That the Secretary of the Treasury is hereby authorized to issue, in a sum or sums not exceeding in the aggregate $200,- 000,000, coupon or registered bonds of the United States, in such form as he may prescribe, and of denominations of fifty dollars, or some multiple of that sum, redeemable in coin of the present standard value, at the pleasure of the United States, after ten years from the date of their is- sue, and bearing interest, payable semi-annually in such coin, at the rate of five per cent, per an- num ; also a sum or sums not exceeding in the aggregate $300,000,000 of like bonds, the same in all respects, but payable at the pleasure of the United States, after fifteen years from the date of their insae, and bearing interest at the rate of four and a half .per cent, per annum ; also a sum or sums not exceeding in the aggregate $1,000,000,000 of like bonds, the same m all respects, but pay- able at the pleasure of the United States, after thirty years from the date of their issue, and bearing interest at the rate of four per cent, per annum ; all of which said several classes of bonds, and the interest thereon, shall be exempt from the payment of all taxes or duties of the United States, as well as from taxation in any form by or under State, municipal, or local authority; and the said bonds shall have seli forth and ex- pressed upon their face the above specified con- ditions, and shall, with their counons, be made payable at the Treasury of the United States. But nothing in this act, or in any other law now in force, shall be construed to authorize any in- crease whatever of the bonded debt of the United States. Sec. 2. That the Secretary of the Treasury is hereby authorized to sell and dispose of any of the bonds issued under this act at not less than their par value for coin, and to apply the pro- ceeds thereof to the redemption of any of the bonds of the United States outstanding and known as 5-20 bonds at their par value; or he may exchangethe same for such 5-20 bonds, par for par ; but the bonds hereby authorized shall_ be used for no other purpose whatsoever. And' a sum not exceeding one-half of one per cent, of the bonds h-erein authorized is hereby appro- priated to pay the expense of preparing, issuing, advertising^ and disposing of the same. Sec. 3. That the payment of any of the bonds hereby authorized after the expiration of the said several terras of ten, fifteen, and thirty years shall be made in amounts to be determined from time to time by the Secretary of the Treasury at his discretion, the bonds so to be paid to be dis- ,tinguished and described by the dates and num- ■'bers, beginning for each successive payment with the bonds of each class last dated and numbered, of the time of which intended payment or redemp- tion the Secretary of the Treasury shall give public notice ; and the interest on the particular bonds so selected at any time to be paid shall cease at the expiration of three months from the date of such notice. Sbo. 4. That the Secretary of the Treasury is hereby authorized, with. any coin in the Treasury of the United States which be may lawfully ap- ply to such purpose, or which may be derived from the sale of any of the bonds the issue of which is provided for in this act, to pay at par and cancel any six per cent, bonds of the United States of the kind known as 5-20 bonds which have become or shallhereMter become redeem able by the terms of their issue. But the particular bonds so to be paid and canceled shall in all cases be indicated and specified by class, date, and num- ber, in order of their numbers and issue, begin- ning with the first numbered andissued, in public notice, to be given by the Secretary of the Treas- ury, and in three months after the date of such public notice the interest on the bonds so selected and advertised to be paid shall cease. Seo. 5. That the Secretary of the Treasury is hereby-authorized, at any time within two years from the passage of this act, to receive gold coin of the United States on deposit for not less than thirty days, in sums of not less than $100, with the Treasurer, or any assistant treasurer of the United States authorized by the Secretary of the Treasury to receive the same, who shall issue therefor certificates of deposit, made in such form as the Secretary of the Treasury shall prescribe, and said certificates of deposit shall bear interest at a rate not exceeding two and a half per cent, per annum; and any amount of gold com so de- posited may be withdrawn from deposit at any time after thirty days from the date of deposit, and after ten days' notice and on the return of said certificates: Provided, That the interest on all such deposits shall cease and determine at the pleasure of the Secretary of the Treasury. And not less than twenty-five per cent, of the coin deposited for or represented by said certificates of deposits shall be retained in the Treasury for the payment of said certificates ; and the excess beyond twenty-five per cent, may be applied, at the discretion of the Secretary of the Treasury, to the payment or redemption of such outstand- ing bonds of the United States heretofore issued and known as the 5-20 bonds, as he may desig- nate under the prpvisions of the 4th section of this act ; and any certificates of deposit issued as aforesaid may be received at par, with the inter- est accrued thereon, in payment for any bonds authorized to be, issued by this act. Seo. 6. That the United States bonds purchased and now held in the Treasury in accordance with the provisions relating to a sinking fund, of sec- tion 5 of the act entitled " An act to authorize the issue of United States notes, and for the re- 597 598 POLITICAL MANUAL. demptiou or funulag thereof, and for funding the floating debt of the United States," approved February 25, 1862, and all other United States bonds which have been purchased by the Secre- tary of the Treasury with surplus funds in the Treasuiy, and now held in the Treasury of the United States, shall be canceled and destroyed, a detailed record of such bonds so canceled and destroyed to be first made in the books of the Treasury Department. Any bonds hereafter ap- nlied to said sinking fund, and all other United States bonds, redeemed or paid hereafter by the United States, shall also in like manner Be re- corded, canceled, and destroyed, and the amount pf the bonds of e^ch class that have been can- celed and destroyed shall be deducted respectively from the amount of each class of the outstand- ing debt of the United States. In addition to other amounts that may be applied to the redemp- tion or payment of the public debt, an amount equal to the interest on all bonds belonging to the aforesaid sinking fund shall be applied, as the Secretary of the Treasury shall from time to time direct, to the payment of the public debt, as provided for in section 5 of the act aforesaid ; and the amsunt so to be applied is hereby appro- priated annually for that purpose out of the re- ceipts for duties on imported goods. Approved, July 14, 1870. rinal Votes. In Senate, July 13, 1870. The bill, being the report of the committee of conference last appointed, was agreed to without a division. Iw House, July 13, 1870. Yeas — Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Ayer, Bailey, Eanks, Barry, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Buroliard, Burdett, Roderick E. Butler, Cake, Cessna, Churchill, Sidney Clarke, William "T. Clark, Amasa Cobb, Coburn, Conger, Cook, Covode, Cowles, Cullom, Parrall, Davis, Dawes, Degener, Dickey, Dixon, Donley, Duval, Ela, Farnsvvorth, Perriss, Ferry, Fin^elnburg, Fisher, Fitch, Gariield, Gilfillan, Hamilton, Harris, Hawley, Hays, Heflin, Hill, Hoar, Hooper, Hotehkiss, Jenekes, Judd, Julian, Kelley, Kellogg, Kelsey, Ketch- am, Knapp, LaHin, Lash, Lawrence^ Logan, Lough- ridge, Lynch, MaynarJ, McCarthy, MoCrary, MoGrew, Merour, Eliakim H. Moore, Jesse H. Moore, 'William Moore, Morphis, Daniel J. Morrell, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peck, Perce, Peters, Phelps, Poland. Porter, Prosser, Rogers, Roots, Sanford, Sargent, Sawyer, Sehenck, Shanks, Lionel A. Sheldon, PorterSheldon. John A.Smith, Wil- liam J. Smith, Worthington 0. Smith, William Smyth, Stevens, Stokes, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Van Wyok, Ward, William B. Washburn, Welker, Wheeler, Whltmore, Wilkinson, Willard, Wil- liams, John T. Wilson, Witcher— 1.39. Nats— Messrs. Adavn, Archer, AxUU, Bamwm, Beatty, Beck, Biggs, Bird, Jameg Broolcs, Burr, Caljcin, Cltvdmd, mCnx, Orebs, DicldnBim, MldriMge, Pox, Geti, Griswold, Haiqht, Hambleton, Bamill, Hay, Hohnan.JoTmson, Ttuym- as L, Jones, Kerr, Knott, Lewis, Marshall, Mayltam, McCor- mick, McKenzie, Morgan, Potter, Randall, Reeves, Rice, Schu- ifMlcer, Sherrod, Hlocum, Joseph S. Smith, Stiks, Stone, Swann, Sweeney, Tiimhle, Van Trump, Voorhees, Wetla, Eu- gene M. Wilson, Winchester, Wood, Woodward— 5i. Frevions Votes. In Senate. 1870, February 7 — Mr. Sherman, from the Com- mittee on Finance, reported the following bill : Be it enacted, &c.. That foi the purpose of funding the debt of the United States and reduc- ing the interest thereon, the Secretary of the Treasury be, and he is hereby, authorized to is- sue, on the credit of the Uiiited States, coupon or registered bonds of such denominadons, not less than $50, as he may think proper, to an amount not ^exceeding $400,000,000, redeemable in coin at the pleasure of the Government at any time after ten years, and payable in coin at twenty years from date, and bearing interest at the rate of five per centum per annum, payable semi- annually in coin ; and the bonds thus authorized may be' disposed of, at the discretion of the Sec- retary, under such regulations as he shall pre- scribe, either in the United States or elsewhere, at not less than their par value for coin, oi: they may be exchanged for any of the outstand- ing bonds of an equal aggregate par value here- tofore issued and known as the five-twenty bonds, and for no other purpose; and the proceeds of so much thereof as may be disposed of for coin shall be placed in the Treasury, to be used for the redemption of such six per centum bonds at par as may not be offered in exchange, or to re- place such amount of coin as may have been used for that purpose. Seo. 2. That the Secretary of the Treasury be, and he is hereby, authorized to issue on the credit of the United States, coupon or registered bonds to the amount of $400,000,000, of suet denominations, not less than $50, as he may think proper, redeemable in coin at the pleas- ure of the Government at any time after fifteen years, and payable in coin at thirty years from date, and bearing interest not exceeding four and one-half centum per annum, payable semi-an- nually in coin ; and the bonds authorized by this section may be disposed of under such regulations as the Secretary shall prescribe, in the United States or elsewhere, at not less than par for coin ; or they may be exchanged at par for any of the outstanding obligations of the Government bearing a higher rate of interest in coin; and the proceeds of such bonds as may be sold for coin shall be deposited in the Treasury, to be used for the redemption of such obligations bear- ing interest in coin as by the terms of issue are or may become redeemable or payable, or to re- place such coin as may have been used for that purpose. Seo. 3. That the Secretary of the Treasury be, and he is hereby, authorized to issue, on the credit of the United States, from time to time, coupon or registered bonds of such denomina- tions, not less than $50, as he may think proper, to the amount of $400,000,000, redeemable in coin at the pleasure of the Government at any time after t-wenty years, and payable in coin at forty years from date, and bearing interest a,t the rate of four per centum per annum, payable semi-annually in coin ; and such bonds may be disposed of, either in the United States or else- where, at not less than their par value, for coin, or, at the discretion of the Secretary, for United States notes; or may be exchanged at not leSB than par for any of the obligations of the United States outstanding at the date of the issue of such bonds ; and if in the opinion of the Secre- tary of the Treasury it is thought advisable to THE FUNDING ACT. 599 issue a larger amount of four per centum bonds for any of the purposes herein or hereinafter re- cited than would be otherwise authorized by this section of this act, such further issues are hereby autnorized: Provided, That there shall be no increase in the aggregate debt of the United States in consequence of any issues authorized by this actl Sbo. 4. That the bonds authorized by this act shall be exempt from all taxation by or under national, State, municipal, or local authority. Sec 5. That the coupons of said bonds may be made payable at the Treasury of the United States, or at the office of an authorized agent of 'the United States, either in the cities of London, Paris, Berlin, Amsterdam, or Frankfort, in dol- lars, or the equivalent thereof in sterling money, in francs or in thalors. Sec. 6. That the Secretary of tihe Treasury be, and he is. hereby, authorized to appoint such agents in the United States and in Europe as he may deem necessary to aid in the negotiation of said bonds ; and he may advertise the loan herein ; authorized and the conditions thereof in such newspapers and journals in this country and in Europe as he may select for that purpose ; and a sum not exceeding one per centum of the bonds herein authorized is hereby appropriated to pay the expense of preparing, issuing, and disposing of the same. Sec. 7. That in order to carry into execution the provisions of the 5l;h section of the act enti- tled "An act to authorize the issue of United States notes and for the redemption or funding thereof and for funding the floating debt of the . United States," approved February 25, 1862,. relating to the sinking fund, there is hereby ap- propriated out of the duties derived from im- ported goods the sum Of $150,000,000 annually, which sum during each fiscal year shall be applied to the payment ot the interest and to the reduction of the principal of the public debt. And the United States bonds now held as the sinking fund and the United States bonds now held in the Treasury shall be canceled and destroyed, a detailed record thereof being first made in the boots of the Treasury Department. And the bonds hereafter purchased under this section shall in like man- ner be canceled and destroyed. And a full and' detailed account of the application of the money herein appropriated shall be made by the Secre-' tary of the Treasury to Congress with his an- nual report ; and the aggregate amount of the bonds canceled and destroyed shall be stated in; the monthly statements of the public debt. Seo. 8. That on and alter the 1st day of Octo- bei:, 1870, registered bonds of any denomination not less than $1,000, issued under the provisions of this act, and no others, shall be deposited with the Treasurer of the United States as security for the notes issued to national banking associations for circulation tinder an act entitled "An act to provide a nation a_l currency secured by a pledge of United States 'bonds, and to" provide for the circulation and redemption thereof," approved June 3, 18G4; and all national banking associa- tions organized under said act, or any amend- ment thereof, are hereby required to deposit bonds issued under this a6t as security for their circu- lating notes within one year from the date of the passage of this act, in default of which their right to issue notes for circulation shall be forfeited, and the Treasurer and the Comptroller of the Currency shall be authorized and required to take such measures as may he necessary to call in and destroy their outstanding circulation, and to return the bonds held as security therefor to the association by which they were deposited, in sums of not less than $1,000: Provided, That any such association now in existence may, upon giving thirty days' notice to the Comptroller of the Currency by resolution of its board of direct- ors, deposit legal-tender notes with the Treasurer of the United States to the amount of its out- standing circulation, and take up the bonds pledged for its redemption : And provided fur- ther. That not more than one-thira of the bonds deposited by any bank as such security shall be of either of the classes of bonds hereby author- ized on which the maximum rate of interest is fixed at four and one-half or five per ceiitum per annum. Seo. 9. That the amou«t of circulating notes which any bank may receive from the Comptrol- ler of the Currency, under the pro vjsions of sec- tion -21 of said act, may equal but not exceed eighty per centum of the par value of the bon4s deposited, but shall not exceed in the aggregate the amount to which such bank may be entitled under said section. ' Sec. 10. That any banking association organ- ized or to be organized under the national cur- rency act and the acts amendatory thereof, may, upon depositing with the Treasurer United States notes to an amount not less than $100,000, re- ceive an equal amount of registered bonds of the United States, of the kind and description, pro- vided for by section 3 of this act, and may de- posit the same as the security for circulating notes, and thereupon such banking association shall be entitled to and shall receive circulating notes upon terms and conditions and to the ex- tent provided in the said national currency acts, and without respect to the limitation of the ag- gregate circulation of national currency pre- scribed by said acts: Provided, howeoer, That as circulating notes are issued under this section an equal amount of United States notes shall be canceled and destroyed. March 8 — Mr; Davis moved that the bill be recommitted to the Committee on Finance, with instructions to report a bill embodying the fol- lowing provisions : ; First, The reduction of the amount of each oiitetanding bond of the United States by the difference between the nominal amount thereof and its gold value, or the gold value of the bond of which it is the iinmediate or remote substitute, at the time of the sale thereof by the Govern- ment. Second, By the amount of usury paid by the United States on said bond or any bond or bonds of which it is the immediate or remote substitute. Third, To reduce the rate of interest upon all outstanding bonds to five per centum per annum. Fourth, To tax all dividends received on United States bonds as so much income. Fifth, To reduce the appropriations , for the army to the reasonable cost of twenty thousand men, rank and file. 600 POLITICAL MANUAL. Sixth, To reduce the aggregate appropriation for the navy to $20,000,000. Seventh, To reduce the aggregate appropria- tion for the civil and diplomatic service of the Government ten per centum. Eighth, To reduce the aggregate amount of internal taxes and duties on imports each thirty- three and one-third per centum. Which was disagreed to without a division. March 9 — Mr. Morrill, of Vermont, moved to amend the 2d section by striking out the words ■ " four-and-a-half" and inserting the word " five." Which was disagreed to — yeas 8, nays 40, as follow ; Yeas — Messrs. Bayard, Brownlow, Buckingham, Cai- serli/. Ferry, Johnstim, Morrill of Vermont, Stockton— i. Nktp — Messrs. Boreman, Cameron, Cliandler, Cole, Conkling, Corbett, Davis, Drake, Fenton, Fowler, Gil- bert, Hamlin, Harris, Howard, Howe, Howell, Kel- logg, McOreery, McDonald, Ncrrton, Osborn, Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Ross, SclmrZj Scott, Sherman, Sumner, Thayer, Tipton, Trumbull, Vickers, Warner, Willey, Williams, Wil8on--40. Mr. Sherman moved to amend the 5th section by striking out, in line 2, the word "may," and inserting "shall;" and in line 3 by striking out th e word " or ," and in lieu thereof inserting, " but the Secretary of the Treasury may, at nis dis- cretion, make the coupons of any portion of the bonds provided for by the 3d section of this act payable" — Which was agreed to — ^yeas 30, nays 10, as follow : Yeas — Messrs. Abbott, Anthony, Bayard, Casserly, Chandler, Cole, Fenton, Gilbert, Hamlin, Harlan, Howe, Howell, Jolimtm, Morrill of Maine, Morrill of Vermont. Mort"n, Pratt, Ramsey, Revels, Rice, Ross, Schurz, Sherman, Sumner, Tipton, Trumbull, RoAers, Warner, Williams, Wilson — 30. Nays — Messrs. Buckingham, Cameron, Corbett, Da- ms, Fowler, Harris, Howard, Osborn, Sprague, Stock- ton— 10. Mr. Corbett moved to strike out the 5th sec- tion, which was agreed to — yeas 29, nays 11, as follow : Yeas — Messrs. Bayard, Buckingham, Cameron, Cas- aerlfi. Chandler, Cole, Conkling, Corbett, Fenton, Gil- bert, Hamlin, Harlan, Harris, Howard, Howe, Howell, Jcmtstm,, Morrill of Maine, Osborn, Pratt, Ramsey, Ross, ScTiurz, Sprague, Stockton, Sumner, Thurman, Trum- bull, Wilson— 29. Nays— Messrs. Abbott, Anthony, Edmunds, Morrill of Vermont. Morton, Rice, Sherman, Tipton, Tickers, Warner, Williams — 11. Mr. Howard moved to amend the 8th section by inserting in the 14th line the following: And any such banking association may, on such terms as may be prescribed by the Secretary of the Treasury and at the market price current in the city of New York, exchange its bonds now deposited as security under said act for bonds issued under this act, for the purpose aforesaid. Which was disagreed to. Mr. Buckingham moved to amend the 8th Section, by striking out all after the words " eighteen hundred and sixty-four," which was disagreed to — -yeas 15, nays 28, as follow : Ykas — Messrs. Buckingham, Conkling, Corbett, Ed- munds, Ferry, Gilbert, Hamlin, Howard, Howe. Mc- Donald, Morrill of Maine, Morrill of Vermont, Pome- roy, ,Kevels, Scott — 16. Nays— Messrs. Abbott, Bayard, Boreman, Casserlv, Chandler, Cole, Drake, Harlan, Howell, Johnston, Kel- logg, McCreery, Osborn, Pratt, Ramsey, Rice, Ross, Saw- yer, Sherman, Spencer, Stewart, Stockton, Sumner, Thurman, Trumbull, Warner, Willey, Williams, Wil- son— 28. Mr. Hamlin moved to amend the 8th section by inserting in line 13, after the word " thereof,^">; the words, "the bonds of which are then redeem!^, .j able by their terms, and as they shall thereafter become redeemable;" which was disagreed to — yeas 16, nays 28, as follow: . Yeas — Messrs. Boreman, Buckingham, Conkling,' * Corbett, Edmunds, Ferry, Gilbert, Hamlin, Howard,' Howe, McDonald, Morrill of Maine, Morrill of Vermont, Pomeroy, Revels, Scott — 16. Nays- Messrs. Abbott, Bayard, Casserly, Chandler, '? Cole, Drake, Harlan. Howell, Johnston, Kellogg, Mo •'■■ Creery, Osborn, Pratt, Rice, Ross, Sawyer, Schurz, Sherman, Spencer, Stewart, Stockton, Sumner, Thur- man, Trumbull, Warner, Willey, Williams, Wilson— 28. March 11 — Mr. Wilson moved to amend by striking out sections 1, 2, and 3, and inserting' in lieu thereof the following: That, for the purpose of reducing the interest on the five-twenty six per centum bonds of the United States, the Secretary of the Treasury be, and he is hereby, authorized to issue, on the credit of the United States, coupon or registered bonds of such denominations, not less than $50, as he may think proper, not exceeding in amount the five-twenty six per centum bonds of the United States, redeemable in coin at the pleaiure of the Government, at any time after ten years, and payable at forty years from date, and bear-"' ing interest at the rate of five per centum per annum., or at any time after twenty years, and payable at forty years from date, and bearing interest at the rate of four and one-half per' centum per annum, or payable at fifty years from date, and bearing interest at the rate of four per centum per annum, payable semi-annually in coin; and the bonds thus authorized may be exchanged for any of the outstanding five-twenty six per centum bonds of an equal aggregate par value, heretofore issued and known as the five- twenty bonds, and for no other purpose ; or they may be disposed of at the discretion of the Sec- retary, under such regulations as he shall pre- scribe, either in the t/nited States or elsewhere, at not less than their par value for coin ; and the proceeds of so much thereof as may be dis- posed of for coin shall be placed in the l^reasury, to be used for the redemption of such six per centum bonds at par as may not be offered in exchange, or to replace such amount of coin as may have been used for that purpose. Which was disagreed to. Mr. Sherman moved to ametid by striking out in section 2, line V, "thirty," and in,5erting "forty," which was disagreed to. Mr. Morton moved to amend the 2d section by striking out in line 12 the words, "or, at the dis- cretion of the Secretary, for United States notes," and by inserting in line 13, before the word "ob- ligations," the words "interest-bearing," which was disagreed to— yeas 18, nays 32, a,s follow: YE/tB--Messrs. Boreman, Brownlow, Cole,'- Fowler, Howe, Howell. Kellogg^ Mca-eery, McDonnld, Morton, Pomerpyj Pool, Pratt, Ramsey, Revels, Sprague, Thur- man, Tipton— 18. NAYS-Messrs. Anthony, Soj/ord; Buckingham, Cam- wJS.'„ ^'""'y' ^^fif^'ej, Conkling, Corbett, Drake, Fenton, Ferry Gibert, Hamlin, Harlan, Harris, How- ard, J'»/,wfore. Morrill of Vermont, Osborn, Rice, Sawyer, ^J^^t 11 to ' ^'^®L'?.??' Stewart, Stockton, Sumner Trumbull, Warner, Willey, Williams, Wilson-32. Mr. Buckingham moved to strike out the 8th section, which was disagreed to— yeas 16, nays 32, as follow : THE FUNDING ACT. 601 Teas— Messrs. Anthony, Brownlow, Buckingham, Cameron, Oonkling, Corbett. Ferry, Hamlin, Howard, Howe, McDonald, Morrill of \ ormont, Pomeroy, Ram- sey, Scott, Wilson — 16. Nays — Messrs Bayard, Boreman, Cass&rly, Chandler, Cole, Drake, Fowler, Gilbert, Harlan, Harris, Howell, Johnsttm, Kellogg, McCreery, Osborn, Pool, Pratt, Revels, Rice, Ross, Scnurz, Sherman, Stewart, Stockton, Sum- ner, Thayer, Thurman, Tipton, Trumbull, Warner,Wil- ley, Williams— 32. Mr. Howe moved to amend the lOth section by inserting in line 6, after the word " States," " one- third of which shall be," and in line 7 striking out the words "section 3" and inserting "each of the first three sections," which was disagreed to — yeas 16, nays 25, as follow: Yeas — Messrs. Buckingham, Cameron, Corbett, Gil- bert, Hamlin, Harlan, Howe, Howell, Morrill of Ver- mont, Pomeroy, Ramsey, Revels, Schurz, Scott, Sprague, Trumbull— 16. Nats — Messrs. Bayard, Casserly, Chandler, Cole, Drake, Ferry, Fowler, Harris, Howard, Johnston, Mc- Creery, Morton, Osborn, Pratt, Rice, Ross,- Sherman, Stewart, Stockton, Sumner, Thurman, Warner, Willey, Williams, Wilson— 25. Mr. Boreman moved to amend by striking out in line 2, section 4, the words: "And the an- nua,! interest thereon." Which was disagreed to — yeas 14, nays 29, as follow : "' Yeas^— Messrs. Bayard, Boreman, Casserly, Cole, Har- lan, Jolinsioti, UsCreiry. Pomeroy, Pratt, Sprague, Stoch- ton. TtermSw, Willey, Wilson— 14. Nats— Messta Buckingham, Cameron, Chandler, Corbett, Drake, Eenton, Ferry, Fowler, Gilbert, Harris, Howard, Howell, Sellogg, McDonald, Morrill of Ver- mont, Osborn, Ramsey, Bevels, Rosa, "Sawyer,- Schurz, Scott, Sherman, Steyrart, Sumner, Tipton, "Trumbull, Warner, Williams— 29. Mr. Bayard moved to strike out the 4tli- sec- tion, which was disagreed to — yeas 7, nays '36, as follow ; Yeas — Messrs Bayard, Boreman, Casserly, Johnston, McOreery, Stockton, Thurman— T. Nats— Messrs. Buckingham, Cameron, Chandler, Cole, Corbett, Drake, Fenton, Ferry, Fowler, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, Kellogg, McDonald, Morrill of Vermont, Morton, Osborn, Pome- roy, Pratt, Ramsey, Revels, Rice, Boss, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 38. Mr. Cameron moved to amend by inserting at the end of the bill the following : Sec. — . That it shall be the duty c^ the Secre- tary of the Treasury, on the 1st dfcr of July-, 1870, to redeem and fund in bonds herfcy author- ized all the fractional currency of t|ie United States that may be offered for redemption at the Treasury or any of its branches, which he shall at once cause to be canceled; and it shall not be lawful for him after that date to issue any such paper fractional currency, but he shall make all payments of fractions of the dollar in the legal coin of the United States. Which was disagreed to — ^yeas 18, nays 26, as follow: YEAS=sffiSK9fl«rJ'<»S^!J»*i"'=Huokingham, Cameron, Cas- jeriaSQ^ti;„Hlij«^\Hai-ten, Howard, Johnston, Kel- logg*5!mrMU 'of ■.VerjnoJit,, Pomeroy, Scott, SloclOm, aamieXtliui-namjXTtxmhMW, Wilson— 18. Nays- Messrs. fiorejnan. Chandler, Cole, Drake; Fen- ton Ferry, Fowler, Gilbert, Harris, Howell, McCreery, McDonald, Morton, Osborn, Pratt, Ram^y, Bevels, Ross, Sawyer, Schurz, Sherman, Stewart, Tijlton;. Wai--. rer, Willey, Williams— 26. Mr. Wilson moved to amend by inserting in line 8, section 6, after the word "exceeding," the words "one- half of;" which was agreed to-^yeas 23, nays 20, as follow ; Yeas— Messrs. Boreman, Buckingham, Casserly, Cole, Corbett, Ferry, Fowler, Harlan, Harris, Howell, Johns- ton, McOreery, McDonald, Pratt, Ross, Sawyer, Schurz, Scott, Sprague, Sumner, Thayer, Tipton, Wilson— 23. Nats— Messrs. Chandler, Conkling, Drake, Edmunds, Fenton, Gilbert, Hamlin, Howard, Kellogg, Morrill of Vermont, Osborn, Pomeroy, Ramsey, ReveLi, Rice, Sherman, Stewart, Warner, Willey, Williams— 20. Mr. Stewart moved to amend the 9th section by striking out the word "eighty" and inserting the word "ninety;", which was disagreed to — yeas 12, nays 30, as follow : Yeas- Messrs. Boreman, Cole, Fenton, Fowler, Mor- ton, Pomeroy, Eamsey, Boss, Scott, Sprague, Stewart, Warner — 12. Nats- Messrs. Buckingham, Casserly, Chandler, Conkling, Corbett, Drake, Edmunds, Ferry, Hamlin, Harlan, Harris, Howard, Howellk Johnston, Kellogg, McOreery, McDonald, Morrill of Vermont, Osborn, Pratt, Bevels, Bice, Sawyer, Schurz, Sherman, Sumner, Thay- er, Tipton, Willey, Williams— 30. Mr. Morton moved to strike out the 10th sec- tion; which was disagreed to — yeas 12, nays 29, as follow : Yeas— Messrs. Boreman, Cole, Fowler, Howell, Johns- ton, McOreery, Morton, Eamsey* Bevels, Uiee, Boss, Sprague — 12. Nats— Messts. Buckingham, Chandler, Conkling, Corbett, Drake, Edmunds, Fenton, Ferry, Hamlin, ' Harlan, Harris, Kellogg, McDonald, Morrill of Ver- mont, Osborn, Pomeroy, Sawyer, Sahurz, Seott, Sher- man, Spencer, Stewart, Sumner, Thayer, Tipton, War- ner, Willey, Williams, Wilson— 29. The bill then passed — yeas 32, nays 10, as fol- low: Yeas— Messrs. Chandler, Cole, Conkling, Edmund."!, Fenton, Ferry, Fowler, Gilbert, Harlan, Harris, How- ard, Howell, Kellogg, Morrill of Vermont, Morton, Osborn, Pomeroy, Pratt, Ramsey, Revels, Rice, Sawyer, .Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tipton, Warjier, Williams, Wilson— 32. NAts^Me^srs. Bayard, Boreman, Buckingham, Cas- serly, Corbett,' McOreery, McDonald, Sprague, Stockwii, Thurmarif— 10. *i >. ' . i • Ih" House pF:Ee1^ee»;ntatives. 1870, June 6— Mr. S^henc^j E^om t^a Com- mittee of Ways and Meaiis, reported'ths -follow- ing as a substitute^r the Senate bill: That the Secretary of the Treasury is hereby authorized to issue, in a sum or sums not exceed- ing in the aggregate $1,000,000,000, coupon, or registered bonds of the United States, in such form as he may prescribe, and of denominations of $50 or some multiple of that sum, redeemable in coin of the present standard value at the pleas- ure of the United States after thirty years from the date of their issue, and bearing interest pay- able semi-annually in such coin at the rate of four per centum per annum, which said bonds and the interest thereon shall be exempt from the payment of all taxes or duties of the United States as well as from taxation, in any form by or under State, municipal, or local authority; and the said bonds shall have set forth and ex- pressed upon their face the above specified con- ditions, and shall, with their coupons, be made payable at the Treasury of the United States. But nothing in this act, or in any other law now in force, shall be construed to authorize any in- crease whatever of the bonded debt of the United States." -ySEC.'2. That the geeretaijy.of the Treasury is hereby- authorized to "sell jnd- dispose of any of the bonds issued imder this aci at not- less ,than their par value for coin, and to apply the pro- ceeds tliereof to the redemption of any of the bonds of the United States outstan'Jing and 602 POLITICAL MANUAL. known as five-twenty bonds at their par value, or he may exchange the same for such five-twenty bonds, par for par ; but the bonds hereby author- ized shall be used for no other purpose whatso- ever. Seo. 3. That the payment of any of the bonds hereby authorized after the expiration of the said term of thirty years shall be made in amounts to be determined from time to time by the Secre- tary of the Treasury at his discretion, and by classes to be distinguished and described by the dates and numbers, beginning for each successive payment with the bonds last dated and numbered, of the time of which intended payment or redemp- tion the Secretary of the Treasury shall give publi'o notice, and the interest on the particular bonds BO selected at any time to be paid shall cease at tbe expiration of three months from the date of such notice. Seo. 4. That the Secretary of the Treasury is hereby authorized and instructed, with any coin in the Treasury of the United States which in his opinion and discretion can be conveniently applied to that purpose, to pay at .par and can- cel any six per cent, bonds of the United States pi the kind known as five-twenty bonds which have become or shall hereafter become redeem- able by the terms of their issue. But the parti- cular bonds so to be paid and canceled shall in all cases be indicated and specified by class, date, and number, in the order of their numbers and issue, beginning with the first numbered and issued, in public notice to be given by the Secretairy of the Treasury, and in three mouths after the date of such public notice the interest on the bonds so selected and advertised to be paid shall cease. But it shall be competent for the holders and owners of any said bonds so specified for pay- ment to exchange the same for bonds issued under the authority of this act at any time before . the end of the notice provided for in tbe 2d section of this act. Seo. 5. That the Secretary of the Treasury is hereby authorized to receive gold coin of the United States or bullion on deposit for not less than tbirty days, in sums of not less than |100, with the Treasurer or any assistant treasurer of the United States authorized by the. Secretary of the Treasury to receive the same, who shall issue therefo;r certifica.tes of deposit made in such form as the Secretary of the Treasury shall prescribe, and said certificates of deposit shall bear interest at a rate not exceeding three per centum per an- num ; and any amount of gold coin or bullion so deposited imay be withdrawn from deposit at any time after tttrty days from the date of deposit, and after ten days' notice and on the return of said certificates : Provided, That the interest on all such deposits shall cease and determine at the pleasure of^the Secretary of the Treasury. And ,not less than twenty-five per centum of the coin and bullion deposited for or represented by said certificates of deposits shall be retained m the Treasury for the payment of said certificates ; and the excess beyond twenty-five per centum may be applied, at the discretion of the Secretary ijf the "weasury, to the payment or redemption of such outstanding bonds of the United States, hereto- fore issued and known as the five-twenty bonds, as he may designate under the provisions of the by 4th section of tms act; and any certificates of deposit issued as aforesaid may be received it par, with the interest accrued thereon, in pa». ment for any bonds authorized to be issued by this act. Seo. 6. That the UnitedStates bonds puichased and now held in the Treasury, in accordance wijjli the. provisions, relating to a sinking fund, of seor tion 5 of the act entitled "An act- to authorize the issue of United States notes and for the re- demption or funding thereof and for funding the floating debt of the United States," approved February 25, 1862, and all other United States bonds which have been purchased by the Secre- tary of the Treasury with surplus funds in the Treasury and now held in the Treasury of the United States, shall be canceled and destroyed, a detailed record of such bonds so canceled and destroyed to be first made in the books of thfe Treasury Department.. Any bonds hereafter ap,T plied to said sinking fund, and all other United States bonds redeerned or paid hereafter by the United States, shall also in like manner be caiit.- celed and destroyed; and the amount of the bonds of each class that have been canceled and destroyed shall be deducted respectively from th^ amount of each class of the outstanding debt. of the United States. In addition to other amounts that may be applied to the redemption or pay- ment of the public debt, an amount equal to the interest on all bonds belonging to the aforesaid sinking fund shall -be applied, as the Secretary of the Treasury shall from time to time direct, to the payment of the public debt, as provided for in section 5 of the act aforesaid. June 30' — Mr. Blair moved to insert' in the 1st section, before the last sentence, as follows: And the amount of interest specified in each coupon shall be expressed in dollars, and the equivalent thereof in English sterling currency and in francs. Which was disagreed to. Mr. Mayham moved to strike out of the 1st section the words "of the United States, as well as from taxation ;'' so that portion of the section would read as follows : Which said bonds and the 'interest thereon shall be e:^empt from the payment of all taxes or duties, in jfay form, by or under State, municipal, or locAl authority, &c. Which was disagreed to — ^yeas 25, nays 97, on a division. Mr. Ingersoll moved to amend the Ist section by striking out the words "in coin of the present standard of value," and the words "such coin,'* and inserting in lieu the words " lawful money of the United States;" which was disagreed to. Mr. Marshall moved to amend the clause fix- ing the time these bonds shall run, by making it "twenty" instead of " thirty " years; which was disagreed to— yeas 22, nays 85, on a division. , Mr. Goburn moved to make the time fifty years ; which was disagreed to. Mr. Holman moved to add to the 1st section the following: Promded, That no agent or agents shall be em-i ployed in the United States or elsewhere forth^ sale or exchange of such bonds. Which was disagreed to— yeas 36, nays 87 on a division. ' THE FUNDING ACT. 603 Mr. Wood moved to amend the 2d section by adding to it as follows : But nothing in this act shall authorize the Secretary of the Treasury to allow or pay any commission or percentage for the sale of the bonds BO issued, or any part thereof. Mr. Ingersoll moved to amend this amendment by inserting before the words " sale of the bonds'' the words "transfer, exchange, or" which Mr. Wood accepted. Mr. , Wood's amendment was then disagreed to — ^yeas 57, nays 102, as follow : Yeas— Messrs. Ambler, Bamwm, Seek, Biggs, Bird, James Brooks, Burehard, Calkin, CZeveZand,Amasa Cobb, Cox, Orebs, Degener, Eidridge, Farnsworth, Ferriss, GHz, Griswold, Hamill, Hawkins, Hay, Hulman, Ingersoll, Thomas L. Jones, Kelley, Kerr, Knott, Lewis, Lqgan, May- Tiam, McCormick, McGrew, Niblaok, Packer, Bandall, Beeves, Siee, Sogers, Shanks, Sherrod, Shober, BUxxim, Joseph S. Smith, William J. Smith, Stiles, Sweene;/, Taffe, Trimble, Van Trump, Van Wyck, Yotyrhees,, Ward, WeUs, Williams, Winchesteir, Wood, Woodward— bi. Nays— Messrs. Allison, Ames, Armstrong, Amell, As- per.Atwood, Ayer, Bailey, Banks, Beatty, Benjamin, Benton, Bingham, Blair, Boles, Booker, ISoyd, Buck, Buckley, Bumnton, Benjamin F. Butler, Roderick B. •Butler, Cessna, Churchill, Sidney Clarke, Clinton L. Cobb, Coburn, Conger, Covode, Cullom, Davis, Dawes, Dockery, Donley, Ela, Finkelnburg, Fisher, Fitoh, Hale, Hull, Hoar, Hooper, Jenckes, Judd, Julian, Kel- logg, Kelsey, Ketoham, Knapp, LaSin, Lash, Lawrence, Loughridge, Marshall, McCarthy, McKemie, Merour, Eliakim H. Moore, Jesse H. Moore, William Moore, Daniel J. MorreU, Myters, Neeley, O'Neill, Orth, Paine, Peck, Peters, Phelps, Poland, Porter, Prosaer, Roots, Sargent, Sawyer, Sonenck, Scofleld, Lionel A. Sheldon, John A. Smith, WorthingtonC. Smith, William Smyth, Starkweather, Stevens, Stokes, Stoughton, Strickland, Strong, Tanner, Taylor, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Wallace, Welker, Wheeler, Whitmore, Wilkinson, Willard, John T. Wilson— 102. July 1 — Mr. Schenck, from the Committee of Ways and Means, moved to amend the 4th sec- tion by striking out the words "in the order of their numbers and issue, beginning with the first numbered and issued." Which was agreed to.* Mr. Holman moved to amend the 4th section by striking out the words " coin in the Treasury of the United States," and inserting in lieu thereof the words "United States notes in the Treasury of the United States arising from tie sale of bonds authorized to be issued by this act, or other such notes in. the Treasury." Which was disagreed to — yeas 41, nays 127, as follow : ' Yeas — Messrs. Adams, Beatty, Bird, Burr, Oleveland, Coburn, Crebs, Dicldnstm, Docke^, Dox, Eldridge, &eif, Griswold, Hamill, SoVman, Thmfios L. Jones, Kerr, Knott, Lewis, MarshaU, Mayham, McGormiek, McNeely, Morgan, Mungen, Niblack, Orth, Eeeves, Bice, Rogers, Shober, Joseph (S, Smith, Stiles, Sweeney, Trimble, Tyner, Van Trump, Voorhees, Wells, Winchester, Woodward— 41. Nats — Messrs. Allison, Ambler, Ames, Archer, Arm- strong, Arnell, Asper, Atwood, AxteU, Ayer, Bailey, Bamum, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Booker, Boy^;George M. Brooks, James Brooks, Buck, Buckleys 'BilmUton, Burehard, Burdett, Cessna, Churchill, Williarn T. Clark,Amasa Cobb, Conger, Cul- lom, Davis, Dawes, Degener, Dickey; Donley, Dyer, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Hale, Har- ris, Hawley, Hay, Hays, Heflin, Hill, Hoar, Hoooer, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketoham, Knapp, Laflin, Lash, Law- rence, Logan, Loughridge, Maynard, McCarthy, McCra- ry, McGrew, McKende, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore. Morphis, Daniel J. MorreU, Myers, O'Neill, Packard, Packer, Paine, Palmer, Peck, Peters, Poland, Pomeroy, Porter, Prosser, Randall, Boots, Sanford, Sargent, Sawyer. Schenck, Scofield, Lionel A. Sheldon, Slocum, John A. Smith, William J. Smith, W^orthington C.Smith, William Smyth, Stevens, Stevenson, . Stokes, Stone, Stoughton, Strickland, Swann, Taflfe, Tanner, Taylor, 'Tillman, Townsend, Twichell, Upson, Van Horn, Van Wyck, Wallace, Wel- ker, Wheeler, Whitmore, Wilkinson, Willard, Williams, Winans— 127. Mr. Judd moved to strike out from the 4th section the following words : " which in his opin- ion and discretion can be conveniently applied to that purpose," and insert the following words : "which may be derived from the sale of any of the bonds the issue of which is provided for in this act." Mr. Schenck moved to amend this amendment by adding the words "or which he may law- fully appfy to such purpose," which was agreed to. Mr. Judd's amendment was then agreed to. Mr. B. F. Butler moved to amend the 4th sec- tion by adding to it the following: But none of said interest-bearing obligations not already due shall be redeemed or paid before maturity, unless at such time United States notes shall be convertible into coin at the option of the holder, or unless at such time bonds of the United .States bearing a, lower rate of interest than the bonds to be redeemed can be sold at par in coin. And -the United States also solemnly pledges its faith to make provilion at the earliest practicable period for the redeuiption of the United States notes in coin. Which was disagreed to — yeas 54, nays 98, as follow.: Ybab— Messrs. Allison, A.mbler, Armstrong, Bennett, Boles, George M. Brooks, Burehard, Benjamin F. But- ler, Cessna, Amasa Cobb, Coburn, Cullom, Dickey, Dick- inson, Dockery, Dox, Dyer, Ferry, Finkelnburg, Fitch, Griswold, Hale, Hawkins, Hawley, Hay, Heflin, Hoar, Judd. Kelses', Lbughridee, MeCormick, McCrary, Mer- our, Jesse H. Moore, Orth, Packard, PacTier, Paine, Po- land, Pomeroy, iZoaers, Shanks, Lionel A. Sheldon, 5Ao- ber, John A. Smith, Worthington C. Smith, William Smyth, Stevenson, Stokes, 'Tyner, Wallace, Williams, Jolm T. Wilson, iVoodward—H. Nays — Messrs. Adams, Amee. Archer, ASper, Axtell, Ayer, Bailey, Beaman, Benjamin, Benton, Bingham, Bird, Blair, Booker, Boyd, James Brooks, Buck, Buckley, Buffinton, Burdett, Bmr, Roderick R. Butler, Calkin, William T. Clark, Clinton L. Cobb, Conger, Cook, Cox, OrebSj Davis, Donley, Ferriss, Fisher, Getz, HamiUt Harris, Hill, Hohnan, Hooper, Ingersoll, Jenckes, Thomas L. Jones, Julian, Kelley, Ketcham, Knapp, Knott, Laflin, Lash, Lawrence, Maynard, McCarthy, McGrew, McKenzis, William Moore, Daniel J. MorreU, Morrissey, Mungen, Myers, Negley, Niblaek, O'Neill, Peck, Peters, 'Phelps, Prosser, Randall, Beeves, Rice, Sanford, Sawyer, Schenck, Schumaker, Scofield, Slocv/m, Joseph S. Smith, William J. Smith, Stevens, Stiles, Stone, Stoughton, Strickland, Swann, Sweenm, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Upson, Welker, Wheeler, Whitmore, Willard, Winans, Win- Chester— 9S. Mr. Griswold moved to strike out the 4th sec- tion; which was disagreed to. Mr. Mungen moved to add to the 4th section the following : Provided further, That nothing in this act contained shall be construed to operate in conflict with the act of February 25, 1862, authoriz- ing the issue of United States notes, bonds, &c. Which was disagreed to. Mr. Davis moved to amend the 5th section by inserting after the word "bullion," the words "assayed and stamped • under- the laws of the United States," which was agreed to. Mr. Davis also moved to reduce the interest on gold depos- its from three per cent, to two per cent. ; which was disagreed to. Mr. Townsend moved to add to the 5th section the following: Provided, Thataf on a demand for payment of any of said certificates in coin there should not be sufficient gold coin in the Treasury arising under this act, then it shall be lawful fot the Secretary of the Treasury to appropriate any 604 POLITICAL MANUAL. other gold coin in the Treasury in payment of eaid certificates. Which was disagreed to. Mr. Ingersoll moved to add the following: That from and after the passage of this act it shall not be lawful for the Secretary of the Trea- sury to sell any gold coin on account of the United States ; which was disagreed to. Mr. Maynard moved to amend section 6 by inserting after the word " Department" the words "and a statement of the sinking fund shall be kept, so as to show the principal of the fund, with the current interest, as it would be if the bonds composing the said fund were kept to represent it." Which was disagreed to. Mr. Davis moved to add at the end of the bill the following sections : Seo. 7. That the Secretary of the Treasury is hereby authorized and directed to issue registered bonds of the United States, in such form and of such denominations, of not less than fifty dollars and multiples thereof, as he shall think proper, payable in thirty years from date in gold, bear- ing interest at four per cent., payable semi- annually in gold, and free from all excise and taxation whatever, either on such bonds or the income derived therefrom, and redeemable in gold at the option of the United States after ten years, upon six months' public notice, which said bonds shall be known as the convertible bonds of the United States ; and such bonds shall ex- press on their face that they are convertible at any time into legal-tender notes. Sec. 8. That whenever any person shall pay any legal-tender notes of the United States at the Treasury or at any assistant treasury of the United States, to the amount of fifty dollars or any multiple thereof, for that purpose he shall receive at par value an equal amount of such convertible bonds, and whoever shall present one or more of said convertible bands at the Treasury or at any assistant treasury of the United States, or at any public depository of the moneys of the United States which the Secretary of the Treas- ury shall have designated for that purpose, and demand i-'demptiun thereof, at any time before the maturity thereof, he shall receive the face of his bond or bonds in legal-tender notes at par /alue, and the accrued interest remaining unpaid up to the date of such demand in gold; and such bonds shall be immediately canceled and returned to the Treasurer of the United States as vouchers of the amount paid thereon. Seo. 9. That the Secretary of the Treasury shall, as soon as practicable after receiving the same, use or invest at least eighty per cent., and as mijoh more as he shall deem expedient, of all legal-tender notes received for such bonds, in buying up or redeeming the six per cent, gold interest bonds of the United States. And he shall have authority to make such regulations as he shall deem needful to carry the provisions of this act into effect. Which was disagreed to. The substitute was then agreed -to and the bill passed — yeas 129, nays 42, as follow : Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Axtdl, Ayer, Bailey, Bamum, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Soaker, Boyd, George M. Brooks, Buck, Buokliw, Bnf- flnton, Bur6hard, Burdett, Roderick R. Butler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Cobum, Cook, Conger. Cullom, , Dawes, Degener, Dickey, Dookery, Donley, Ela, Fer- riss, Periy, Finkelnburg, Fisher, Fitch, Hale, Harris, 1 Hawley, Hay, Hill, Hoar, Hooper, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketch- 1 am, Knapp, Laflin, Lash, Lawreno», Logan, Lough- 1 ridge, Maynard, McCarthy, McGrew, JUcKemie, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore Morphis, Daniel J. Morrell, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peek, Perce Peters, Phelps, Porter,Prosser, Roots, Sanlord, Sargent, Sawyer, Sohenck, Sclmmalcer, Sodfield, Shanks, |'o^ ter Sheldon, Slocum, John A. Smith, William J. Sffiithf William Smyth, Starkweather, Stevens, Stime, StouEfe ton.Striekland, Strong, TaflFe, Tanner, Taylor, TiUgfin,, Townsend. Twichell, Tyner, Upson, Van Homy;ynr Wyckj Wallace, CadwaladerC. Washbnrn, Welker, WBj, Whitmore, Willard, Williams, John T. Wilson— 129. . j Nays — Messrs. Adams, Archer, Beatty, Beck, Bird,fiiL I kin, Cleveland, CVe&s, Davis, Dox, Eldridgp, Getz, Grisviold, I Hamill, Hawkins, Ingersoll, Johnson, Ttumms Z.Jnnes Kerr. Kmtt, .Lewis. Marshatt. Mayham, McNeely, Mnrgalfl Mungen, Niblaek, Randall, Reeves, Sice, Slterrod, Sfiober Stevenson, Stiles, Sweetly, TrimbU, Van Trump, Voorhees,, Eugene M. Wiistm, 'Winchester, Wood, Woodward— i%, '• The Senate refused to concur in the amend- ments of the House, and asked and obtained a conference. The committee was composed of Messrs. Sherman, Sumner, and Davis, on the part of the Senate, and Messrs. Schenck, Hooperj and Marshall, on the part of the House. i^ July 12 — The committee reported a biU pre- cisely similar to that which finally passed, with the addition of the following section : Seo. 7. That from and after the passage of this, act the Treasurer of the United States shall re- ceive no other than registered bonds issued under the provisions of this act as security for the circu- lating notes of national banking associations is- sued under the act entitled "An act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation' and redemption thereof," approved June 3, 1864,; or any act supplementary or amendatory thereof. Which report was rejected by the House — yeas 88, nays 103, as follow; Yeas — Messrs. Ambler, Ames, Armstrong, Atwood,;- Ayer, Bailey, Banks, Bennett, Benton. Bingham, Boles, G. M. Brooks, Buffinton, Burdett, Roderick R. Butler, Cake, Cessna, Churchill, Conger, Covode, Cowles, Davis, Dawes, Dixon, Donley, Duval, Ela, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, GilfiUan, Hoar, , Hooper, Jenckes, Julian, Kelley, Kellogg, Kelsey, Keteham, Knapp, LaSin, Lawrence, Lynch, Maynard, McCarthy, MeOrary, McGrew, Mercur, Eliakim H. Moore, William Moore, Myers, Negley, O'Neill, Orth, Packard, Peck, Peters, Phelps, Poland, Roots, San- ford, Sargent, Sawyer, Sohenek, Scofleld, Shanks, Porter Sheldon, John A. Smith, William J. Smith. Wil- liam Smyth, Starkweather,Stevens, Stokes, Stoughton, Strickland, Strong. Tanner, Taylor, Twichell, Upson, Cadwalader C. Washburn, William B. Washburn, Wel- ker, Wheeler, Willard, Williams— 88. Nays- Messrs. Adams, Allison, Archer, Asper, Axtell, Bamum, Barry, Beatty, Beck, Benjamin, Biggs, Bird, Blair, Booker, Boyd. James Brooks, Buckley, Burohard, Burr, CaVcin, William T. Clark, Sidney Clarke. CUsoe-- taiA Amasa Cobb, Cobum, Conner, Cox, Orebs, Cullom,^ Darrall. Dickinson, Eldridge, Fax. Garfield, Crete, Grts- ' wold, BTaight, HaMeman, Bambletm, BrmUl, Harris,: Hawkins, Hawley, Hay, Hays, Ileflin, Holman, Ingeivl soil, Johnson. Thomas L.Jones, Judd, Kerr, Knott, Lash,i Lewis, Loughndge, MarshaU. Mayham, McCormick, Mc- Kenzte, McNeely, Jesse H. Moore, Morgan, Morphis, - Daniel J. Morrell, Mnngen. Niblaek, Packer, Paine, Palmer, Piatt, Pomeroy, Potter, Randall, Reeves. Bice, Rogers, Schumaker.JAone\ A. Sheldon, Sherrod, StoeuM,, Joseph & ^ith Worthington C. Smith, StUes, Sbme, ' bwann, Taffe, Pownsend, Trimble, Tyner, Van Aulcen,:. Van Horn. P'ara 7V«mp, Van Wyok, FoorAces. Whitmore, Wilkmson Eugme M. WOson, John T. Wilson, Win- chester, Vfitaher,Wood, Woodward— lOH. The same committee was appointed on the'^ second conference, and th6 bill, as finally passed and printed above, was agreed to. T.TX. INTERNAL TAX AND TARIFF. In House op Eepbesentatives. 1870, May 27— Mr. Schenck, from the Com- mittee of Ways and ■ Means, reported " A bill to reduce internal taxes and for other purposes," which, he stated, reduced taxation about $34,- 000,000. Among other things, it provided for an income tax of five per cent, on all incomes over $1,500. June 1 — Mr. Cox moved to reduce the tax from five to three per cent. Which was agreed to — ^yeas 114, nays 76, as follow : Ynis— Messrs. Allison, Ames, Archer, Armstrong, Ax- tell, Ayer, Banks, Barry, Beck, Bennett, Biggs, Bingham, Bird, Bowen, George M. Brooks, James Brooks, Buffin- ton. Burr, Sidney Clarke, Cleveland, Covode, Cowles, Davis, Dawes, Deweese, Degener, Dickinson, Donley, Dox, Duval, Eldridge, Perriss, Finkelnbur^ Fisher, Fitch, Fox, Getz, GilfiUan, QriswoH. Haight, Sambleton, HamiJZ, Hamilton, Harris, Heflin, Ulll, Hoar, Holman, Hooper, Hotchkiss, Jenckes, Johnson, Judd, Eelley, Kellogg, K&rr, Ketcham, Knapp, Laflin, Lawrence, Lynch, Mayham, McCarthy, McGrew, McKenzie, Mo- Neely., Milnes, William Moore, Morgan, Daniel J. Morrell, Moi-rissey, Myers, Negley, Newsham, Nihlack, O'Neill, Orth, Packer, Perce, Peters, Porter, Potter, Prosser, Randalt, Reeves, Bidyicay, Sargent, Sawyer, Scofield, Por- ter Sheldon, Slocum, Joseph S. Smith, Worthington C. Smith, Starkweather, Stevenson, Stiles, Stone, Strader, Strong, Swann, Sweeney, Tanner, Taylor, Townsend, Trimble, Twichell, Upson, Willjam B. Washburn, Wel- ker, Wells, Wheeler, John T. Wilson, Winans, Winr Chester, Wood— Hi. Nats — Messrs. Ambler, Arnell, Asper, Atwood, Bailey, Beaman, Beatty, Benjamin, Benton, Blair, Boles, Booker, Boyd, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, William T. Clark, Amasa Cobb, Co- burn, Cook, Conger, Orebs, CuUom, Dockery, Ela, Fams- worth, Garfield, Gibson, Hale, Hawkins, Hay, Hays, Ingersoll, Alexander H. Jones, Kelsey, Lash, Lewis, Logan, Loughridge, Marshall, Maynard, McCbrmick, McCrary, Mercur, Eliakim H. Moore, Jesse H. Moore, Morphis, Samuel P. Morrill, Packard, Paine, Peek, Phelps, Pomeroy, Itice, Roots, Schenck, Lionel A. Sheldon, Sherrdd, John A. Smith, William J. Smith, William Smyth, Stokes, Stoughton, Strickland, Till- man, Tyner, VanAvken, Van Horn, VVallace, Ward, Wil- kinson, Willard, Williams, Eugene M. Wilson, Witeher— 78: Mr. Hawley moved to amend by raising the amount exempted to $2,500. Which amount Mr. Hale moved to reduce to $2,000; which was agreed to. Mr. Hawley's amendment as amended was then agreed to — yeas 138, nays 52, as follow : Yeas — Messrs. Allison, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Banks, Barry, Beaman, Beck, Ben- nett, Biggs, Bird, Boles, Bowen, George M. Brooks, James Brooks, BuiBnton, Burchard, Burr, William T. Clark, Sidney Clarke, Cleveland, Cook, Conger, Covode, Cowles, CuUom, Davis, Dawes, IXckinson. Dockery, Don- ley, Dox, Duval, Eldridge, Famsworth, Perriss, Fisher, Fitch, Ibx, Getz, Gibson, Gilfillan, Oriswold, Baight, Hale, Harnbletm, EamUl, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Hill, Hoar; Holman, Hooper, Hotohkiss, Ingersoll, Jenckes, Johnson. Judd, Kelley, Kellogg, Kerr, Ketcham, Laflin, Logan, Lynch, Marshall, May- ham, McCarthy, MoGrew, McKenzie, McNeely, Mercur, MUnes, Jesse H. Moore, William Moore, Morgan, Mor- rissey Myers, Newsham, Ntblack, O'Neill, Orth, Pack- ard, Packer, Peck, Perce, Peters, Phelps, Piatt, Pome- rov Porter, Pottei; Prosser, Randall, Beeves, Bidgway, Sai-eent, Sawyer, Scofield, Lionel A. Sheldon, Porter Sheldon, Sherrod, Slocum, John A. Smith, Joseph S. Smith, W. C. Smith, Starkweather, Stevenson, StiZes, Stokes, Stone, Stoughton, Strader, Strickland, Strong, /Stuann, Sweeney, Tanner, Tijlman, Townsend, Trimble, Twichell, Upson, Van Auken, William B. Washburn, HWte, Wheeler, Winans, Winchester, Wood, Woodward— 138. Nats — Messrs. Ambler, Ames, Arnell, Asper, Beatty, Benjamin, Benton, Bingham, Blair, Boyd, Burdett, Benjamin F. Butler, Roderick R. Butler, Amasa Cobb, Coburn, Orebs, Dyer, Ela, Finkelnburg, Garfield, Alex- ander H. Jones, Kelsey, Knapp, Knott, Lash, Lewis, Loughridge, Maynard, ^cCormick, McCrary, Eliakim H. Moore, Samuel P. Morrill, Paine, Sice, Boots, Schenck, Schumaker, William J. Smith, William Smyth, Taffe, Taylor, Tyner, Van Horn, Wallace, Ward, Wel- ker, Wilkinson, Willard, Williams, Euyene M. Wilson, John T. Wilson, Witeher— 61. Mr. Potter moved to amend by adding the fol- lowing proviso : Provided, That the taximpo^dby.this section shall not continue or be collected after the ex- piration of the year 1870. Which was disagreed to — ^yeas 72, nays 107, as follow: TiAS— Messrs. Ames, Archer Armstrong, Banks, Ben- nett, Biggs, Bird, Bowen, BuiBnton, Burr, Benjamin P. Butler, CfeveJand, Covode, CowJes, Crebs, Davis, Dickinson, Dox, Eldridge, Fisher, Fitch, Fox, Garfield, Getz, Gibson, Saight, Hamill, Hill. Hotohkiss, Johnson, Kellej', Kel- logg, Laflin, Lynch, Mayham, McCarthy, McKenzie, McNeely, MUnes, William MoorSj Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, Niblack, O'Neill, Packer, Paine, Phelps, Piatt, Potter, Bandall, Beeves, Sargent, Schumaker, Sloeum, Joseph S. Smith, Stark- weather, Stevenson, Stiles, Stone, Strader, Strong, Swann, Sweeney, Taylor, Trimble, Upson, Whitmore, Wood, Woodward — 72. Nats— Messrs. Allison, Ambler, Arnell, Asper, At- wood, Ayer, Bailey, Barry, Beaman, Beatty,. Benjamin, Benton, Bingham, Blair, Bolete. Booker, Boyd, George M. Brooks, Burchard. Burdett, Roderick R. Butler, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, CuUom, Dixon, Dockery, Donley, Duval, Dyer, Ela, Farnsworth,' Perriss, Finkelnburg, Gilfillan, Hale, Sambleton, Hamilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Hoar. Holman, Hooper, Ingersoll, Alex- ander H. Jones, Judd, Kelsey, Kerr, Knott, Lash, Law- rence, Lewis, Loughridge, MarshaU, Maj^nard, McCor- mick, McCrary, McGrew, Mercur. Eliakim H. Moore, Jesse H. Moore, Morphis, Samuel P. Morrill, Orth, Packard, Peck, Perce, Peters, Bice, Ridgway, Boots, Sawyer, Schenck, Scofield, Lionel A. Sheldon, Sherrod, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Stokes, Stoughton, Strieliland, Taffe, Tanner, Townsend, Twichell, Tyner, Van Auken, Van Horn, Wallace, Ward, William B. Washburn, Welker, Wheeler, Wilkinson, Williams, Eugene M, Wil- son, John T. Wilson, Winans, Witeher — 107. Mr. Woodward moved to strike out all of sec- tion 35, levying the income tax, and insert the following : That there shall be levied a tax at the rate of five per cent, per annum upon the interest of interest-bearing bonds issued or to be issued by the Government of the United States, to be de- ducted and retained from the payments of inter- est upon said bonds, under regulations to be prescribed by the Secretary of the Treasury. Which was, disagreed to. Mr. Holman moved to add the following: And a tax of ten per centum per annum on the interest and income accruing from all bonds, notes, and other securities of the United StateSj the same to be deducted and withheld from such 605 606 POLITICAL MANUAL. interest at the time of the payment thereof by, the Treasurer of the United States. Which was disagreed to — ^yeas 46, nays 135, as follow : , ^YEiS~;-MeBSTa. Adams, AxteU, Ay6i,Seck^ Biggs, Bird, Booker, Burr, Cleeetand, Orebs, Dickinson, Box, Farns- worth, Getz, Gibson, Harribleton, HamiM, Heflin, Holman, Johnson, Kerr, Knott, Lewis, McCormick, McNedy, Mikies, Morgan, Morrissey, Nibtack, Potter, Randall, Reeves, Rice, Ridgway. Slierrod, Stiles, Stone, Sirader, Sweeney, Trimble, Van Auken, Eugene Mi Wilson, MmcAester, Witcher, Wood, Woodward— iG. Nays— Messrs. AUiBon, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Bailey, Banks, Barry, Beaman, Beatty, Benjamin, Benton, Bingham, Blair, Boyd, Oeorge M. Brooks, James Brooks, Buffinton, Burohard, Bardett, Benjamin P. BUtler, Roderick R. Butler, Wil- liam T. Clark, Sidney Clarke, Coburn, Cook, Conger, Co- Tode, Cowles, CuUom, Davis, Dawes, Degener, Doekery, Donley, Duval, Dyer, Ferriss, Finkelnburg, Fisher, Fitch, Garfield, GilfiUan, Maight, Hale, Hamilton, Har- ris, Hawkins, Hawley, Hay, Hill, Hoar, Hooper, Hotch- kiss, IngersoU, Jenckes, Alexander H. Jon^, Judd, Kelley, Kellogg, Kelsey,Ketcham, Knapp,Laflin,Lash, Lawrence, Logan, Loughridge, Lynch, Maynard, Mc- Carthy, McCrary, McGrew, McKenzie, Mercur, Eliakim H.Moore, Jesse H. Moore,, William Moore, Morphis, Daniel J. Morrell, Samuel P. Morrill, Myers, > Negley, Newsham, O'Neill, OrthjTackard, Packer, Paine, Peck, Perce, Peters, Phelps, Pomeroy, Prosser, Hoots, Sar- fent. Sawyer, Scheuck, Schumak&r, Scofield, Lionel A. heldon. Porter Sheldon, Slocum, John A. Smith, Wil. liam J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevenson, Stokes, Stoughton, Strick- land, Strong, Taflfe, Tanner, Taylor, Tillman, Town- send, Twicnell, Tyner, 0pson, Van Horn, Wallace, Ward, William B. Washburn, Welker, Wheeler, Whit- more, Wilkinson, Willard, Williams, John T. Wilson, Winans — 135. Mr. McCarthy moved to strike out all the sec- tions relating to income tax ;■ which was disagreed to — yeas 61, nays 122, as follow: Yeas — Messrs. Archer, Axiell, Bennett, Biggs, Bird, Bowen, Bufflnton, Burr, Cleveland, Covode, Cowles, Orebs, Davis, Dickinson, Fitch, Fox, Garfield, Getz, Sai^ht, HamiU, Hill, Hooper, Hotchkiss, Jenckes, Johnson, Kelley, Kellogg, Ketcham, Laflin, Lynch, Mayham, McCarthy, Munes, Jesse H. Moore, William Moore, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, Niblack, O'Neill, Paine, Potter, Randall, Reeves, Ridgway, Sargent, Schumaker, Slocum, Joseph S. Smith, Starkweather, Stevenson, StiZes, Strong, (Swjotwi, Taylor, Trimble, Twichell, Upson, Wood — 61. Nays — Messrs. Allison, Ambler, Armstrong, Arnell, Asper, Atwood, Baily, Barry, Beaman, Beatty, Beck, Benjamin, Benton, Bingham, Blair, Boles, Booker, Boyd, Geo. M. Brooks, Burohard, Burdett, Roderick R. Butler, William T. Clark, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, Cullom, Dawes, Degener, Doekery, Donley, Dox, Duval, Dyer, Ela, Eldridge, Farnsworth, Ferriss, Finkelnburg, Fisher, Gibson, Gilfillah, Hale, Sambleton, Hamilton, Hawkins, Haw- ley, Hay, Hays, Heflin, Hoar, Holman, IngersoU, Alex- ander H. Jones, Judd, Kelsey, Kerr, Knapp, Knott, Lash, Lawrence, Lewis, Logah, Loughridge, Marshall, Maynard, McCormick, McCrary, McGrew, McKenzie, McNeely, Mercur, Eliakim H. Moore, Morgan, Morphis, Samuel i^. Morrill, Orth, Packard, Packer, Peck, Perce, Peters, Phelps, Piatt, Pomeroy, Porter, Prosser, Rice, Roots, Sawyer, Schenek, Scofield, Lionel A. Shel- don, Porter Sheldon, John A. Smith, William J. Smith, Worthington C.Smith, William Smyth, Stokes, fi'ione, Stoughton, Stricklattd, Sweeney, Tn^Q, Tanner, Tillman, Townsend, Tyner, Van Auken, Wallace, Ward, William B. Washburn, Wheeler, Whitmore, Willard, Williams, John T. Wilson, Winans, Witcher, Woodward— \2i. Mr. Beck moved to amend by levying a tax of five per cent, on the interest or coupons of all bonds or evidences of debt, including United States bonds ; which was disagreed to — ^yeas 78, nays 111, as follow: Yeas — Messrs. Adams, Archer, Axtell, Beck, Benjamin, Biggs, Bird, Booker, James Brooks, Burr, Benjamin P. Butler, Cleveland, Amasa Cobb, Coburn, Orebs, Cullom, Dickinson, Doekery, Dox, Dyer, Ela, Eldridge, Farns- worth, Fitch, Fox, Getz, Gibson, Griswold, Maight, Hal- deman, Hambleton, HamiU, Hamilton, Hawkins, Hay, Hays, Heflin, Holman, IngersoU, Johnson, Alexander H, Jones, Kerr, Knott, Lewis, Logan, Marshall, Mayham, i McCormick, McNeOy, Milmes, Jesse H. Moore, Morgan, Morrissey, Niblack, Orth, Putter, Randall, Reeves, Rice, Sargent, Lionel A. Sheldon, Sherrod, Joseph S. Smith, Sti&, Stokes, Strader, Sweeney, Trimble, Tyner, Van Au- ken, Wells, Whitmore, Eugene M. Wilson, John T. Wil- son, Winchester,'^ iU-h&T, Wood, Woodward— tS. Nivs— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Ayer, Bailey, Banks, Barir, Bea- man, Beatty, Bennett, Benton, Bingham, Blair, Bowen, Boyd, George M. Brooks, Buffinton, Burehard, Burdett, . Roderick R. Butler, Sidney Clarke, Conger, Covode, Cowles, Davis, Dawes, Degener, Donley, Duval, Fer- riss, Finkelnburg, Fisher, Garfield, Gilflllan, Hale, Har- ris, Hawley, Hill, Hoar, Hooper, Hotchkiss, JenckeSj Judd, Kelley, Kellogg, Kelsey, Knapp, Laflin, Lash, Lawrence, Loughridge, Lyhoh, Maynard, McCarthy, McCrary, McGrew, McKenzie, Mercur, Eliakim H; Moore, William Moore, Morphis, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, Newsham, O'Neill, Packard, Packer, Paine, Peek, Perce, Peters, Phelps, Piatt, Pomeroy, Porter, Roots, Sawyer, Schenek, Schw- maker, Scofield, Porter Sheldon, Slocum, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevenson, Stoughton, Strick- land', Strong, Tanner, Taylor, Tillman, Townsend, Twiohell,-Upson, Ward, William B. Washburn, Welker, Wheeler, Wilkinson, Willard, Williams, Winans— 111. June 6 — Mr. Schenek moved to amend by adding a new section, being a condensation of the tariff bill formerly reported to the House by the Committee of Ways and Means, and fixing the tariff, among other things, on tea at 15 cents per pound ; coffee, 3 cents per pound ; sugar, raw, 2 cents per pound, clarified 2f cents per pound, and refined 4 cents per pound ; on pig iron $7 per ton ; on steel railway bars 1 J cents per pound, and on all railway bars made in part of steel IJ cents per pound: Promded, That metal con- verted, cast, or made from iron by the Bessamer or pneumatic process, of whatever form or de- scription, shall be classed as steel ; on nickel 40 cents per pound. Which was agreed to — yeas 137, nays 44, as follow : Yeas — Messrs. Adams, Allison, Ambler, Ames, Arm- strong, Arnell, Atwood, Ayer, Bailey, Banks, Beaman, Beatty, Bennett, Benton, Bingham, Blair, Boles, Booter, Bowen, Boyd, George M. Brooks, IButfinton, Burohard, Burdett, Roderick R. Butler, Cake, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Cook, Conger, Covode, Cowles, Cullom, Davis, Dawes, De- fener, Dickey, Donley, Duval, Dyer, Ela, Farnsworth, erriss, Finkelnburg, Fisher, Garfield, Gilfillan, Hale, Hamilton, Harris, Hawkins, Hawley, Hay, Hill, Hoar, Hooper, Hotchkiss, Ingersoll, Alexander H. Jones, Kel- ley, Kellogg, Ketcham, Knapp, Knott, Laflin, Lash, Lawrence, Loughridge, Lynch, Maynard, McCrary, McGrew, McKenzie, Mercur, Milnes, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Samuel P. Morrill, MyersJSegley, O'Neill, Orth, Packard, Packer, Peck, Perce, Peters, Phelps, Piatt,. Poland, Pomeroy, Bice, Roots, Sanford, Sawyer, Schenek, Scofield, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevenson, Stokes, S(oiie, Stough- ton, Strickland, Strong, TalTe, Tanner, Taylor, Tillman, Townsend, Fi-imble, Twichell, Tyner, Upson, Van Wyck, Ward, William B. Washburn, Welker, Wheeler, Whitmore, Wilkinson, Willard, Williams, Winans, Witcher, Woodward— 1ST. Nats— Messrs. Axtell, Benjamin, Biggs, Bird, James Brooks, Buck, Bmr, Benjamin F. Butler, Conner, Cox, Orebs, Dox, ETdridge, Fox, Getz, Griswold, Baighl, Halde- man, Hmnill, Heflin, Holman, Kerr, Lewis, MarshdU, May- ham, McNeely, Morgan, Niblack, Potter, Randall, Reeves, Ridgvay, Rogers, Sargent, Schumaker, Sherrod, Stiles, Strader, Swamn, Sweemy, Van Trump, Wells, Winchester, Wood— ii. Mr. Schenek also offered as an amendment' another section, enlarging the free list, which, together with the tariff section, he stated, would' decrease the revenue from the tariff about $20,- 000,000. He als'o stated that the tax bill as INTERNAL TAX AND TARIFF. 607 amended in the House would decrease the reve- nue from internal taxes atout $45,000,000. This section was then agreed to, and the bill passed — yeas 152, nays 35, as follow : Yeas— Messrs. Adams, Allison, Ambler, Ames, Arm- strong, Arnell, Atwood, Axtdl, Ayer, Bailey, Banks, Beaman, Beatty, Benjamin, Bennett, Benton, Bing- ham, Blair, Holes, Booker, Bowen, Boyd, George M. Brooka.Buck, Bufflnton, Burohard, Burdett, Roderick E. Butler, Cake, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, Covode, Cowles, Orebs, CuUom, Dawess Degener, Dickey, Donley, Duval, Dyer, Ela, Parnsworth, Fer- ris8, Pmkelnburg, Fisher, Fitoh, Garfield, Gilfillan, Hale, Hamilton, Harris, Hawkins, Hawley, Hay, Hill, Hoar, Hooper, Hotohkiss, IngersoU, Kelley, Kellogg, Ketcham, Knapp, Knott, Laflia, Lash. Lawrence, Lewis, Logan. Loughridge, Lynch, Mayuard, McCarthy, MeObr- klm H. Moore, Jesse H. Moore, William Moore, Mor- phis, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, Newsham, O'Neill, Orth, Packard, Packer, Paine, Peck, Perce, Peters, Phelps, Piatt, Poland Pom- eroy, Prosser, Sice, Sogers, Roots, Sanford, Sargent, Sawyer, Scheuck, Sco&eld. Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Wqrthing- ton 0. Smith, William Smyth, Starkweather, Steven- son, Stokes, St*jughtoh» Strickland, Strong, Tnffe, Tan- ner, Taylor, Ti^QJan, Townsend, Trimble, Twiohell, Tyner, Upson, Van Horn, Van Wyck, Ward, William B. Washburn, We\kev,lVeUa, Wheeler, Whitmore, Wilkin- son, Willard, Williams, John T. Wilson, Winan8,Witcher, Woodward — ^152. Nats— Messrs. Bird, James Brooks, Burr, Omneri Cox, Sox, Eldridge, Fox,^ Oetz, Griswold, Haight, HalSemah, Samill, Hays, Heflin, Holman, Jolmson, Kerr, Mayham, McNeely, Morgan, Morriasey, Niblack, Potter, Randall, Reeves, Ridgway, Sherrod, Slocwn, Stiks, Stime, Swann, Van Trump, Winchester, Wood — 35. In, Sestate. 1870, June 24 — Mr. Conkling moved to strike out the 35th section, being that relating to the income tax ; which was agreed to — yeas 34, nays 23, as follow: Yeas- Messrs. Abbott, Ames, Anthony, Bayard, Buck- ingham, Cameron, Carpenter, Casserly, Cole, Conkling, Corbett, Davis, Fenton, Ferry, Fowler, Gilbert, Mamitr ion of Maryland, Harris, Johnston, Kellogg, McCreery, McDonald, Osborn, Pomeroy, Robertson, Sattlshury, Scott, Stewart, Sumner, Thur7nan, Trumbull, Vickers, Wilson, Yates— 34. Nats — Messrs. Boreman, Brownlow,Chandler, Drake, Hamlin, Harlan, Howard, Howe, Howell, Morrill of Maine, Morrill of Vermont, Morton, Pratt, Ramsey, Eice, Ross, Sehurz, Sherman, Sprague, Thayer, War- ner, Willey, Williams— 23. June 29 — The bill having been reported to the Senate, Mr. Hamilton, of Maryland, moved to amend by adding the following : Seo. — . That nereafter there shall be annually deducted and withheld by the Treasurer of the United States five per cent, of all moneys paya- ble as interest upon' the public debt of the TJnited States, the same being hereby imposed as a tax upon the property represented by the bonds here- tofore issued und.er the laws of the United States. Which waS disagreed to — ^yeas 11, nays 25, as foUov/: Yeas— Messrs. Casserly, Fenton, Fowler, RamiUon of Maryland, MeOreery, Pratt, Rice,, Boss, Sprague, Thur- man, Viekers—'il. „ , ,, „ , „ Nats— Messrs. Anthony, Boreman, Cattell, Cole, Crar Bin, Gilbert, Hamlin, Harlan, Harris, Howe, Howell, McDonald, Morrill of Maine,.Morrill of Vermont, Pom- eroy, Ramsey. Sawyer, Sohurz, Scott, Sherman, Stew- art, Sumner, Willey, Williams, Wilson— 25. July 1 — Mr. Bayard moved to aiuend by in- serting the following: g]30. — . That hereafter there shall be annually deducted and withheld by the Treasurer of the United States five per cent, of all moneys paya- ble as interest upon the public debt of the United States, the same being hereby imposed. as a tax upon the property represented by the bonds here- tofore issued under the laws of the United States. Which was disagreed to — ^yeas 12, nays 36^ as follow : Yeas — Messrs. Bayard, Cass&rly, Davis, Fowler, .Howi- Uton of Maryland, MeCreery, Pratt, Spencer, Sprague, Stockton, thurman, Vi'cters— 12. Nays— Messrs.' Anthony, Boreman, Chandler, Cor- bett,. Cragin, Drjike, Edmunds, Fenton, Gilbert, Ham- lin, Harlan, Harris, Howe, Howell, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Pomeroy, Ramsey, Revels, Rice, Sawyer, Scnurz, Scott, Sherman, Sumner, Thayer, Tipton, Trumbnll, Warner, Willey, Williams, Wilson— 36. Mr. Thurman moved to insert the following: Sec. — That there shall be levied and collected; in the manner hereinafter specified, a tax of five per cent, upon the income of every person re- siding in the United States, and of every citizen of the United States residing abroad, derived from interest on the bonds of the United States; said tax . to be collected by withholding the same in the payment of such interest. Which was disagreed to — yeas 11, nays 35, as follow: Yeas — Messrs. Bayard, Casserly, Davis, Fenton, Ham- ilton of Maryland, MeCreery, Pratt, Sprague, SlooMon, Thurman, Tickers — 11. Nats— Messrs. Anthony, Boreman, Chandler, Cor- bett, Cragin, Drake, Edmunds, Fowler, Gilbert, Ham- lin, B.ATT13, Howe, Lewis, McDonald, Morrill of Maine, Morrill of, Vermont, Morton, Osborn, Patterson, Pome- roy, Reyels, Robertson, Ross, Sawyer, Sohurz, Scott-, Sherman, Stewart. Sumner, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 35.' Mr. Wilson moved to amend section' 35, so that it should read : That during the years 1871 and 1872, and no longer, there shall be levied and collected an- nually a tax of two and a half per cent, upon the gains, profits, and income of every person residing in the United States, &c. Which was disagreed to — yeas 23, nays 28, as follow : . Yeas— Messrs. Abbott, Boreman, Cragin, Hamlin, Harlan, Howe, Howell, Morrill of Maine, Morrill of Vermont, Morton, Patterson,' Pratt, Ramsey, Rice, Ross, Scnurz, Sherman, Spencer, Sprague, Tipton, Warner, Willey, Wilson— 23. Nats — Messrs. Anthony, Bayard, Cameron, Casserly, Cole, Corbett, Davis, Edmunds, Fenton, Fowler, Gil- bert, Hamilton of Maryland, Harris, Kellogg, Lewis, MeCreery, McDonald, Nye, Osborn,, Revels, Robertson, Scott, Stewart, Stockton, Sumner, TImmum, 'Trumbull, Vickers— 2i. The amendment as agreed to in committee of the whole, striking out all" the sections relating to income tax, was. agreed to — yeas 26, nays 22, as follow : Yeas — Messrs, A'nthony, Bayard, Casserly, Cole, Cor- bett, Davis, Edmunds, Fenton, Fowler, Gilbert, fla?n- ilton of Maryland, Harris, Kellogg, MeCreery, McDonald, Osborn, Revels, Robertson, Soott, Stewart, Stockton, Sumner, Thwrman, Trumbull, Vickers, Wilson— 26. Nays — Jjiessrs. Abbott, Boreman, Cragin, Drake, Hamlin. Harlan, Howe, HoVpell, MorriU of Maitje, Mor- rill of Vermont, Morton, Patterson,. Pratt, Ramsey, Ross, Sehurz, Sherman, Spencer, Sprague, Tipton, Warner, Willey— 22. Mr. Sherman moved to strike out the words "gross receipts" from an amendment adopted by the. committee of the whole, whereby that tax on gross receipts was abolished ; which was dis- agreed to — ^yeas 25, nays 25, as follow : Yeas— Messrs. Anthony, B^ward, Boreman, Casseriy, Corbett, Edmunds, Fenton, Fowler, Gilbert, Harlan., Lewis, McDonald, Morrill of Maiue, Momll of Vermont! 608 POLITICAL MANUAL. Nye, Pratt, Ramsey, Sohurz, Soott, Shorman, Sprague, Stewart, Thayer, Warner, Willey— 25. Nats — Messrs. Cameron, Cole, Cragin, Davis, Drake, Bamilton of Maryland, Hamlin, Harris, Howe, Howell, Kellogg, McCfreery, Osbom, Patterson, Pomeroy, Rob- ertson, Ross, Spencer, Stockton, Sumner, Thurman, Trumbull, Viokers, Williams, Wilson — 26. Mr. Edmunds moved to reconsider the vote by whicli the income tax was stricken out ; which was agreed to — yeas 26, nays 25, as follow : Te4s— Messrs. Abbott, Anthony, Cragin, Drake, Ed- munds, Hamlin, Harlan, Howe, Howell, Morrill of Maine, Morrill of Vermont, Nye, Patterson, Pool, Pratt, Ramsey, Rice, Schurz, Sherman, Spencer, Sprague, Tipton, Warner, Willey, Williams, Wilson— 26. Nats — Messrs Bayard, Cameron, Casserly, Corbett, Davis, Fenton, Gilbert, Hamilton of Maryland, Harris, Johnston, Kellogg, Lewis, McOreery, McDonald, Pome- roy, Revels, Robertson,Ross, Scott, Stewart, Stockton, Sumner, Tfmrman, Trumbull, FicAers— 25. Mr. Wilson's amendment was then agreed to — yeas 27, nays 21, as follow: Yeas — Messrs. Abbott, Anthony, Chandler, Cragin, Drake, Edmunds, Hamlin, Harlan, Howell, Morrill of Maine, Morrill of Vermont, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Ross, Schura, Sherman, Spencer, Thayer, Tipton, Warner, Willey, Williams, Wilson— 27. Nays — Messrs. Bayard, Casserly, Corbett, Davis, Pen- ton, Gilbert, Hamilton of Maryland, Harris, Howe, John- ston, McCreery, McDonald, Revels, Robertson, Scott, Stewart, Stockton, Sumner, Thurman, Trumbull, Vickers —21. The question then recurring on the amend- ment to strike out all concerning the income tax, it was disagreed to — ^yeas 22, nays 26, as follow: Teas — Messrs. Bayard, Oasserly, Corbett, Fenton, Gil- bert, Hamilton of Maryland, Harris, Johnston, Kellogg, Lewis, McCreery, McDonald, Osbom, Pomeroy, Robert- son, Scott, Stewart, Stockton, Sumner, Thurman, Trum- bull, Vickers— W. Nays — Messrs. Abbott, Anthony, Chandler, Cragin, Drake, Edmunds, Hamlin, Harlan, Howe, Howell, Mor- rill of Maine, Morrill of Vermont, Patterson, Pool. Pratt, Ramsey, Rice, Ross, Schurz, Sherman, Spencer, Tipton, Warner, Willey, Williams, Wilson— 26. July 5 — Mr. Conkling moved to add as follows : That no such income tax shall be levied or col- lected until by act of Congress it shall be here- after so directed. Mr. Edmunds moved to amend this as follows : And all provisions of law providing for the assessment and collection of taxes on gross re- ceipts are hereby continued until the further action of Congress. Which was disagreed to — ^yeas 18, nays 33, as follow : Yeas- Isiessrs. Anthony, Bayard, Boreman, Cole, Cor- bett, Drake, Edmunds, Fenton, Gilbert, Harlan, Mor- rill of Vermont, Nye, Ramsey, Shurz, Soott, Sherman, Stewart, Wilson— 18. Nays— Messrs. Carpenter, Chandler, Conkling, Cra- fin. Fowler, Hamilton of Maryland, Hamilton of Texas, [amlin, Harris, Howe, Johnston, Kellogg, McGi-eery, Morton, Patterson, Pomeroy, Pool, Revels, Rice, Rob- ertson, Ross, Saulsbury, Sawyer, Spencer, Sprague, Stockton, Sumner, Thurman, Trumbull, Vickers, Warner, Willey, Williams— 33. Mr. Conkling's amendment was then disagreed to — ^yeas 26, nays 26, as follow : Yeas — Messrs. Bayard, Carpenter, Cole, Conkling, Corbett, Fenton, Fowler, Gilbert, Hamilton of Mary- land, Harris, Johnston, Kellogg, McCreery, McDonald, Pomeroy, Revels, Robertson, Smlsbury, Seott, Stewart, istoclcton, Sumner, Thurman, Trumbull, Ftciers, Wilson— 26. Nats — Messrs. Anthony, Boreman, Chandler, Cragin, Drake, Edmunds, Hamilton of Texas, Hamlin, Harlan, Howe, Howell, Morrill of Vermont, Morton, Nye, Pat- terson, Pool, Ramsey, Rice, Ross, Sawyer, Sohurz, Sherman, Spencer, Warner, Willey, Williams— 26. The bill was then passed — ^yeas 43, nays 6, as follow : Yeas— Messrs. Antnony, Boreman, Carpenter, Chand- ler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamilton of Texas, Hamlin, Harlan, Howe, Howell, Kellogg, McDonald, Morrill of Ver- mont, Morton, Nye, Patterson, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Sohurz, Scott, Sherman, Spencer, Sprague, Stewart, Stockton, Thayer, Thurman, Trumbull, Warner, Willey, Williams, Wilson— 43. Nats — Messrs. Bayard, Hamilton of Maryland, Har- ris, McOreery, Saulsmiry, Vickers— 6, In Hodsb. July 9 — The bill having been returned from the Senate with amendments, Mr. Davis moved to suspend the rules and strike out the income tax, which was disagreed to — yeas 67, nays 117, as follow : Yeas- Messrs. Ambler, Ames, Archer, Axtell, Banks, Barnum, Bennett, Biggs, Bird, James Brooks, Buffinton, Burr, Benjamin F. Butler, Calkin, Covode, Cowles, Cox, Davis, Dickinson, Dixon, Fitch, Garfield, Getz, Gilfillan, Griswold, Haight, Hiil, Hooper, Jenckes, Judd, Kelley, Kellogg, Ketchara, Lynch, Mayham, McCarthy, Mc- Kenzic, Milnes, William Moore, Daniel J. Morrell, Mor- rissey, Myers, Negley, Mblack,0'Neil\, Paine, Potter, JRandall, Beeves, Rogers, Sargent, Schumaker, ScoSeld, Slocum, Joseph S. Smith, Starkweather. Stevenson, Stiles, Stone, Strong, Swann, Trimble, Twichell, Upson, Van Wyck, Winchester, Wood — 67. Nats — Messr.' Adorns, Allison, Amell.Asper, Atwood, Ayer, Bailey, Beatty, Benjamin, Benton, Bingham, Blair, Boles, Booker, Boyd, George M. Brooks^, Buck, Buckley, Burohard, Roderick R Butler, Cake, Church- ill, Sidney Clarke, Amasa Cobb, Coburn, Conger, Con- ner, Crebs, Cullom, Darrall, Dawes, Detrener, Dickey, Donley, Duval, Dyer, Ela, Fapnsworth, i'erriss. Ferry, Finkelnburg,Fisher,Hale, Hamilton, Harris, Hawkins, Hawley, Hay, Hoar, IngersoU, Thomas L. Jones, Kelsey, Knott, Lash, Lawrence, Lewis, Logan, Loughridge, Marshall, Maynard, McCbrmUA, McCrary, McGrew, McKee, McNeely, Mercur, Eliakim II. Moore, Mor phis, Orth, Packard, Packer, Palmer, Peck, Perce, Phelps, Poland, Porter, Pressor, Rice, Roots Sanford, Sawyer, Sohenck, Shanks, Lionel A.Sheldon, Porter SheldoD.SftcTTod, John A. Smith, Worth iugton C.Smith, WilliamSmyth,Stevens,Stokes,Stought6n, Strickland, Sweeney, Taffe, Tanner, Tillman. Townsend, Tyner, Van Aukm, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wells. Wheeler, Whit- more, Wilkinson, Willard, Williams, Eugene M. WUson, John T. Wilson, Winans, Woodioord— 117. The amendment of the Senate abolishing all special taxes was agreed to — yeas 107, nays 73, as follow : Yeas — Messrs. Adams, Allison, Archer, Ayer, Bamvm, Beatty, Beck, Biggs, Bird, Boyd, Buck, Buckley, Bur- chard, Burr, Benjamin F. Butler, William T. Clark, Sid- ney Clarke, Coburn, Cook, Conner, Cox, Crebs, Cullora, Darrall, Davis, Dawes, Dickinson, Donley, Fitch, Gar- field, Qeti, Gilfillan, Griswold, Haight, Haldeman, Hale, Hamilton, Harris, Hawley, Hay, Hays, Heflin, Ingei-soll, Johnson, Thomas L. Jones, Judd, Kellogg, Kerr, Kmtt, Lawrence, Lewis, Logan, Lynch, UarSiall, McCormick, McCrary, McKemie, McNeely, Mercur, Milnes. Jesse H. Moore, William Moore, Morgan, Mungen, Myers, Niblack, O'Neill, Orth, Packard, Packer, Paine, Perce, Poland, Potter, Reeves, Rice, Rogers, Sargent, Sawyer, Schumaker, Soofleld, Shanks, Lionel A. Sheldon, Sherrod, Sloaim, John A. Smith, Joseph S. Smith, Worthington C. Smith, Stevenson, Stiles, Stone, Swann, Sweeney, Trimble, Twich- ell, Tyner, Kan Auken, Van Horn, Cadwalader C. Wash- burn, Wells, Williams, Eugene M. Wilson, Winans, Win- chester, Wood, Woodward— ICfJ. Nats— Messrs. Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Bailey, Barry, Becgamin, Bennett, Ben- ton, Bmgham, Blair, Boles, Booker, George M. Brooks, BufBnton, Bordctt, Roderick R. Butler, Cake, Conger, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Finkeln- burg, Fisher, Hawkins, Hill, Hooper. Kelley, Kelsev, Ketcham, Knapp, Lash, Loughridge, Maynard, McCar- thy, McGrew, Ehakim H. Moore, Morphis, Daniel J. Morrell, Negley Palmer, Peck, Piatt, Porter, Roots, Sanford, Sohenck, William J. Smith, William Smyth, Stevens, Stokes, Stoughton, Strickland, Tafft, Taylor, Tillman, Townsend, Upson, Van Wyck, Wallace, Ward, William B. Washburn, Welker, Wheeler, Whitmore Wilkinson, Willard, John T. Wilson— 73. The Senate amendment fixing the income tax at 2J per cent, instead of 3 was agreed to. INTERNAL TAX AND TARIFF. 609 70 The Senate .amendments on Bessemer steel, reducing the rate on steel bars from IJ cents per pound to IJ, and on rails made partly of steel from IJ cents to 1 cent, were agreed to — the lat- ter without a division ; the former, yeas 99, nays 72, as follow: YiAS— Messrs. Adama, Allison, ATcher, Asper, Ayer, Beatty, Bcrfc, Benjamin, Biggs, Bird, James Brooks, Buck- ley, Burr, Beniarain F. Butler,,Sianey Clarke, Coburn, Cook, Cox, Crebs, Cullom, Darrall, Dickinson, Eldridgp, Farnsworth, Pinkelnburg, Fitch, Garfield, Gefz, Cfris- toold, ITaight, Haldeman, Hale, Harris, Hawkins, Ilawley, ITay, Hays, Heflin. IngersoU. Jbhnson, Thomas L. JonfS, Judd, Kerr, Ketcham, Knott, Lifwis, Jjogan, Loughridge, liyncb, Marshall, Mat/ham, Motyrmidck', McCrary. McKeii- tie, MoNedy, Eliakim H. Moore, Jesse II. Moore, Mnr- uv, Mungen, Niblack, Orth, Packard, Paine, Potter, Seflues. Eice, Rogers, Sargent, Schumalcer, Shanks, Lionel A.Sholdon, Sherrod, Slocum, Joseph S. Smith, Worthing- ton C. Smith. William Smyth, Stevenson, Stilts, Stone, Stoiishton, Strong, Saann, Sweenei/, Taffe, ,j\'im6fe, Twichell, Tyner, Von Aukem, Van Wyok, Voprhees, Cad- walader 0. Washburn, Wells. Wilkinson, Williams, iat- gene M. Wilson, Winans, Winchester, Wood, . Woodaard— 99. Nays — Messrs. Ambler, Ames, Armstrong, Arnell,; At- wood, Bailey, Barry, Benton, Bingham, Blair, Buffin- ton. EodcrickR. Butler, Cake, Churchill, AmasaCobb, Conger, Gpvo,de, Cowles, D^vis, Dawes, Donley, Duval, Ferriss, Ferry, Fisher, GilfiUaii, Hill, Hoar, Hooper, Kellev; Kellogg, Kelsey, Knapp, La^h, Maynard, Mc- Carthy, McGrew, Merour, William Moore, Morphis, Daniel J. Morrell, Myers, Negley, O'Neill, Packer, Peek, Perce, Phelps, .Porter, Prosjger, Sanford, Sawyer, Schenck, Seofield, Porter Sheldon, JohnA. Smith, Ste- vens, Stokes. Strickland, Tanner, Taylor,, Tillman, Townsend, Upson, Wallace, Ward, William B. Wash- burn, Welker, Wheeler, Whitmore, Willard, John T. Wilsoij— 72. A committee of .conference appointed, consist- ing of Senators Sherman, Morrill of Vermont, and Hamilton of Maryland, and Representatives Schenck, Kelley, and James Brooks. In Seitatb, May. 13, 1870. The report of the conference committee was agreed to without a division. In Hotjse, July 13,' 1870. Yeas — Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Atwood, 'Amtell., Ay ei, Bailey, Barnum, Beatty, Benjamin. Bennett, Benton, Bingham, Blair, Boles, Booker, Boyd, George M. Brooks, Back, Buckley, Bdf- finton, Burchard, Burdett,.Benjaniin F. Butler, Rod- erick R. Butler, Cake, Cessnsi, Churchill, William T. "Clark, Sidney Clarke, Amasa Cobb, Coburn, Conger, -Covode, Cowles. CuUom, Davis, Dawes, Dickey, Dixon, •'Donley, Duval, Ela, Farnsworth, Ferriss, Ferry, Fink- 'eliiburg. Fitch, Garfield, GilfiUan, Hamilton, Harris, Hawkins, Hawley, Hay, Heflin, Hill, Hoar, Hooper, .'.Hotcbkiss, IngersoU, Jeackes, Judd, JtiIi!an,.ICciUey, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash. Law- rence, Logan, Loughridge, Lynch, Maynard, McCar- thy, MoOrary, HaGi&w.McK^mie, Merour, Milnes, Elia- kim H. Moore, Jesse H. Moore, William Moore, Mor- phis, Daniel J. Morrell, Myers, Negley, O'Neill. Orth, Packard, Packer, Paine, Palmer, Peck, Perce, Peters, Phelps, Poland, Porter,' Prosser, Bice, Rogers, Boots, Sargent. Sawyer, §bhehok, Scofleld, Shanks, Lionel'.A. Sheldon, Porter Sheldon, John A.Smith. WilliamJ. .Smith».Worthington C. Sjnith, William Smyth. Stevens, Stevenson, Stokes, Stoughton, Strickl«nd„Taffe, Tan- ner, Taylor, Tillman, Townsend, THm6Je. Twiehell, Tyner,- Upson. -Van Horn, Van. Wyek. Ward, Cadwala- der , C. Washburn, William B. Washburn, Weiker, Wheeler, Whitmore, Wilkinson, Willard, Williams, John T. Wilson— 144. Nats — Messrs. .^tifamj, Archer. Asper, Beck, Biggs, Bird, Janies Brooks,^ Bv>rr, Cleveland, Cox, Orebs. Dickinson,, Eld- ridge, Pox, Getz, Qrisvjopi,. Haight, SaMeman. ijamhleiov. Hays, Hfilmart, Johnson, Thoiaas L. Jones, Kerr, Knott, Lewis^MarehaXl, Jlfayham.]UcNeelp, Morgan. Niblat k, Potter, Sandall. Reeves, Schiimaker, Slmrod. Sloeum, Joseph S. Smith, SliUs, Stqne, Sviami. Sweeney, Van Aukun. Vo:>rh&^, Wells, Eugene M. WUson, Winchester, Wood, Woodward— 4q. In submitting the report of the conference com- mittee, Mr. Schenck made the followingstatement as to the reduction of taxes made by the bill: ' 'Calculated upon the basis of the receipts of the fiscal year ending the 30th 0^ June,, 1869,. which was at that time the pnly complete report we had before us, I made out by. a, close analysis^ of the bill, and as accurate a calculation as I oq^ild furnish to the House, a reduction of the internal taxes to the amount of $4b,000,000, and of im- port duties to the amqunt of $20,000,000, making m the aggregate'|65,000,p00. After the bill hiid passed the House, however, and before any aption upon it or change made by the Senate, the com- • plete returns of internal revenue, but not of im- ports, were obtained for the year ending the 30th June, 1870, and ,the increa.se has been such that trying the bill by that standard, it was, found that the reduction of internal taxes as comparjed with those for last year was $50,000,000, and..6f import duties $27,000,000, making a reduction of $77,000,000, in the aggregate. By the strikiiig off of some other taxes, including an additiorisil deduction from the income tax, the tax on pass- ports, and various other matters, I do not hesitate to say that the reduction by this, bill, compared with the receipts of last year, will be to the people of this country an alleviation of , the burdens of taxation from these two quarters, the internal taxes and import duties, of ovfer $86,0001,- 000." X.X. THE RESTORATION OF GEORGIA. AN ACT to promote the .BeconstructiQii of the State of Georgia. Be it enacted, &c:. That the governor of the State of Georgia be,, and hereby is,, authorized and directed, forthwith, by proclamation, to sum- . mon all persons elected to the, general, _assembly of said Statej as appears- by the pradamationof George G. Meade, the general commanding the niilitary distript including the State of Georgia, 39 dated June 25, 1868, to appear on some day cer- tain, to be named in said proclamation, at .At- lanta, in said State; and thereupon the Said general assembly of said State shall proceed to perfect its organization in coni'ornlity .with the Constitution and laws of :the United States, ac- cording to the provisions of this act. Seo. 2. That when the members so eleofced to said Senate and House of B,efrfis.e.ntatives. shall 610 POLITICAL MANUAL. be convened, as aforesaid, each and every member and eaoj) and every person claiming to be elected as a member of said senate or house of repre- sentatives shall, in addition to taking the oath or oaths required by the constitution of Georgia, also take and subscribe and file in the office of the secretary of state of the State of Georgia one of the following oaths or affirmations, namely ; " I do solemnly swear (or affirm, as the case may be) that I have never held the office, or exer- cised the duties of, a Senator or Eepresentative in Congress, nor heen a member of the legislature of any State of the United States, nor held any civil office created by law for the administration of any general law of a State, or for the admin- istration of justice in any State or under the laws of the United States, nor held any office in the military or naval service of the United States and thereafter engaged in insurrection or rebel- lion against the United States, or gave aid or comfort to its enemies, or rendered, except in consequence of direct physical force, any support or aid to any insurrection or rebellion against the United States, nor held any office under, or fiven any support to, any government of any ind organized or acting in hostility to the Uni- ted States, or levying war against the United States : so help me God, (or on the pains and penalties of perjury, as the case may be ; ") or the following oath or affirmation, namely : " I do solemnly swear (or affirm, as the case may be) that I have been relieved by an act of the Con- gress of the United States from disability as pro- vided for by section three of the XlVth Amend- ment to the Constitution of the United States : so help me God, (or on the pains and penalties of perjury, as the case may be.") Which oath or flffirmation, when so filed, shall be entered of record by the secretary of state of the State of Georgia, and said oath or. affirmation, or a copy of the record thereof, duly certified by said secre- ;tary of state, shall be evidence in all courts and places. And every person claiming to be so elected, who shall refuse or decline or neglect or be unable to take one of said oaths or affirma- tions above provided, shall not be admitted to a seat in said Senate or House of Eepresentatives, or to a participation in the proceedings thereof, but shall be deemed ineligible to such seats. Sec. 3. That if any person claiming to be elected to said Senate or House of Representa- tives, as aforesaid, shall falsely take either of said oaths or affirmations above provided, he shall be deemed guilty of perjury, and shall suf- fer the pains and penalties thereof; and may be tried, convicted, and punished therefor by the circuit court of the United States for the district of Georgia in which district said crime was com- mitted ; and the jurisdiction of said court shall be sole and exclusive for the purpose aforesaid. Seo. 4. That the persons elected, as aforesaid, and entitled to compose such legislature, and who shall comply witti the provisions of this act, by taking one of the oaths or affirmations above proscribed, shall thereupon proceed, in said Sen- ate and House of Eepresentatives to which they have been elected respectively, to reorganize said Senate and House of Eepresentatives, respect- ively, by the election and qualification of the pjoper .officers of ceaoh house. Sec. 5. That if any person shall, by force, violence, or fraud, willfully hinder or interrupt any person or persons elected as aforesaid from taking either of the oaths or affirmations pre- scribed by this act, or from participating in the proceedings of said Senate or House of Repre- sentatives, after having taken one of said oaths or affirmations, and otherwise complied with this act, he shall be deemed guilty of a felony, and may be tried, convicted, and punished therefor by the circuit or district court of the United States for the district of Georgia in which dis- trict said offense shall be committed ; and shall be punished therefor by imprisonment at hard labor for not less than two nor more than ten years, in the discretion of the court; and the juris- diction of said courts shall be sole and exclusive for the purpose aforesaid. Seo. 6. That it is hereby declared that the ex- clusion of any person or persons elected as afore- said, and being otherwise qualified, from parti- cipation in the proceedings of said Senate or House of Representatives, upon the ground of race, color, or previous condition of servitude, would be illegal and revolutionary, and is here- by prohibited. Sec. 7. That upon the ap]jlication of the Gov- ernor of Georgia, the President of the United States shall employ such military or naval forces of the United States as may be necessary to en- force and execute the preceding provisions of this act. Sec. 8. That the Legislature shall ratify the XVth Amendment proposed to the Constitution of the United States before Senators and Eepre- sentatives from Georgia are admitted to seats in Congress. Approved December 22, 1869. The final votes on this act were as follow: In Senate, December 17, 1869. YEia — Messrs. Abbott, Anthony, Brownlow, Buck- ingham, Carpenter, Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, Harris, Howard, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osbom, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Roes, Sawyer, Bohurz, Soott, Sherman, Spencer, Stewart, Sumner, Thayer, Warner, Willey, Williams, Wilson — i5. Nats — Messrs. Bayard^ Casserly^ Davis, Fowler, Wil- liam T. Hamilton, Saulsbury, Stockton, Thurman, Vick- er8—9. In House, December 21, 1869. Yeas — Messrs. Allison, Ambler, Armstrong, Arnell, Asper, Bailey, Beaman, Beatty, Benjamin, Bennett, Benton, Boles, Bowen, Boyd, George M. Brooks, Buck, Buckley, Bufiinton, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, Cessna, Amasa Cobb, Co- burn, Cook, Conger, CuUom, Dawes, Deweese, Diokey, Dixon, Donley, Duval, Ela,Ferriss, Ferry, Fin kelnburg, Fisher, Fitoh, Garfield, Hale, Hamilton, Hawley, Hay, Heaton, Hill, Hoar,Solomon L. Hoge, Hooper, Hotoh-, kiss, lueersoU, Jenokes, Alexander H. Jones, .Judd, Kelley, Kellogg, Kelsey, Knapp. Lash, Lawrence, Logan, Loughndge, Maynard, McCarthy, MoOrarv, McGrew, Merour, Bliakim H. Moore, Jesse H. Moore, William Moore, Daniel J. MorrelU Samuel P. Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peters, Phelps, Poland, Pomeroy, Prosser, Boots, Sanford, Sargent, Sawyer, Sohencfc, SooSeld, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington 0. Smith, Wil- liam Smyth, Starkweather, Stevens, Stevenson, Stokes: Stoughton, Strickland, Strong, Taffe, Tanner, Towns- S."?,V Twiohell, Tyner, Upson, Van Horn, Cadwalader C. Washburn, Welker, Wheeler, B. F. Whittemore, Wil- kinson, William Williama, John T. Wilson, Wlnans— 121t RESTORATION OF GEORGIA. 611 Nays — Messrs. Adorns^ Archer, Axtell, Beck, Bwqa, Bingham, Bird, Calkin, Cox, Crf^s, Dickinson, Dox, Eld- ridge, Farnflworth. Oetz, Greene, Oriswold, ffaldeman, £Pamt)leton, Bamill, Hawkins. Holman, Johnson. Thomas L. Jones, Kerr, Knott, Marshall, Mayham, McCormick, S^cNeely, Morgan, Mungen, Niblack, Potter, Randall, Beeves, Mice, Rogers, Joseph S, Smith, Stone, Strader, Swann, Sweeney, Trimbls, Van Trump, Voorhees, Wells, Eugene M. Wilson, Winchester, Witoher, Woodward— il. Freyioas Votes. In Senate. 1869, December 17 — Mr. Morton moved to strike out the eighth section of the bill as reported from the Judiciary Committee, which was in these words: " That the Legislature of Georgia shall be re- garded as provisional only, until the further action of Congress," And to insert the section as in the text of the bill, which was agreed to — ^yeaa 38, nays 15, as follows ; YEis— Messrs. Abbott, Brownlow, Buckingham, Cat- tell, Chanaier, Cote, Cragin, Drake, Fenton, Gilbert, Hamlin, Harlan, Bferis, Howard, Kellogg, MoDonald, Morrill of Maine, SIprrill of Vermont, Morton, Nye, Osborn, Pattersonj Pomeroy, Pratt, Ramsey, Robert- son, Ross, Sawyer, Soh^z, Scott, Sherman, Spencer, Stewart, Sumner, Thaye^Warner, Williams, Wilson — 38. NATs.^MessTB. Bayard, Carpenter, Casserly, Conkling, Corbett, Davis, Fowler, William T. Hamilton, Norton, Bice, Saulsbury, Stockton, Thurman, Vickers, Willey — 15. A few unimportant changes were made, and > the bill passed both Houses, as above. An &ct relating to the State of Georgia. Be it enacted, &c.. That the State of Georgia, having complied with the reconstruction acts, and the XlVlh and XVth articles of amend- ments to the Constitution of the United States having been ratified in good faith by a legal legislature of said State, it is hereby declared that the State of Georgia is entitled to represent- ation in the Congress of the United States But nothing in this act contained shall be construed to deprive the people of Georgia of the right to an election for members of the general assembly of said State, as provided for in the constitution thereof. Seo. 2. That so much of the act entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as pro- hibits the organization, arming, or calling into service of the militia forces in the States of Georgia, Mississippi, Texas, and Virginia, be, and the same is hereby, repealed ; and nothing in this or any other act of Congress shall be construed to affect the term to which any officer has been appointed or any member of tne general assem- bly elected, as prescribed by the constitution of -the State of, Georgian -^. ... Approved*Jnly 15, 1870. This act, being the report of the committee of conference, was adopted in both houses without a division July 14, 1870. Freyions Votes. In House. 1870, February 25— Mr. B. F. Butler, from the Committee on Reconstruction, reported a bill for the restoration of Georgia, similar in terms to the Mississippi and Texas bills, (for which see chapter LV.) Mr. Bingham moved to add the following proviso : Provided, That nothing ia this act contained shall be construed to vacate any of the offices now filled in the State of Georgia, either by the election of the people, or by the appointment of the governor thereof, by and with the advice and consent of the senate of said State; neither shall this act be construed to extend the official term of any officer of said State beyond the term lim- ited by the constitution thereof, dating from the election or appointment of such officer; nor to deprive the people of Georgia of the right, under their constitution, to elect senators and represent- atives of the State of Georgia in the year 1870, but said election shall be held in the year 1870, either on the day named in the constitution of said State or such other day as the present legis- lature may designate by law. Which was agreed to — ryeas' 115, nays 71, as follow : Yeas — Messrs. Adams, Allison, Amh\er, Archer, Axtell, Banks, Beaman, Beatty, Beck, Bigijs, Bingham, Bird, Blair, Booker, Burehard, Burr, CaiAin,- Churchill, Cleve- land, Coburn, Cook, Cox, Orebs, CuUom, Dawes, Dickin- son, Dockery, Dox, Duval, Eldridge, Farnsworth, Ferris^., Ferry, Finkelnburg, Garfield, Gciz, Griswold, Baiqht, Haldeman, Hale, Hambleton, Hamill, Fawkins, Hawley, Hay, Heaton, E.U\,Molman, Ingersoll, Jenc-kes, Johnson, Thomas L, Jones, Judd, Kellogg, Kerr, Ketcham, Knott, Latlin, Logan, Marshall, Mayham, McCarthy, McCormick, McCrary, McKet^zi^, McNeely, Milnes, Eliakim H. Moore, Jesse U. Moore, Niblack, Orth, Packard, Packer, Piatt, Pomeroy, Putter, Randall, Beading, Reeves, Rice, Rogers, Sargent. Sonenck, SchumakcTj Sherrod, Slocum, John A. Smith, Worthjngton C. Smith, Starkweather, Stiles, Stone, Strader. Strong, Swann, Taffe, Tanner, Trimble, Tyner, Van Auken. Van Trump, Voorhees, Cadwalader C. Washburn, William B. Washburn, Weliser, Wells, Wheeler, Wilkinson, Willard, Williams, Eugene II. Wil- son, John T. Wilson, Winans, Witcher, Wood, Woodward —115. Nays — ^Messrs. Arnell,Asper,Atwood,Ayer,Benjam in. Boles, Bowen, Boyd, George M. Brooks, Buck, Buck- ley, Bufhnton, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Clarke, Amasa Cobb, Clinton L. Cobb, Conger, Covode, Davis, Dickey, Donley, Fish- er,GiIfilIan, Hamilton, Harris,Hays,Heflin, Hoar, Hoge, Hooper, Hotohkiss, Alexander H.Jones, Julian, Kelley,' Knapp, Lash, Lawrence, Loughridge, Maynard, Mo- Kee, Mercur, William Moore, Morrelf, Morrill, Myers, Negley, O'Neill, Paine, Palmer, Perce, Phelps, Prosser, Boots, Sanford, Sawyer, Shanks, William J. Smith, William Smyth, Stevenson, Stokes; Stoughton, Strick- land, Tillman, Townsend, Twichell, Upson, Van Horn —71. The bill was then passed — ^yeas, 125; nays 55, as follow : Yeas— Messrs. Allison, Ambler, Arnell, Asper, At- wood, Ayer, Banks, Beaman, Beatty, Benjamin, Bing- ham, Blair, Boles, Booker, Bowen, Boyd, George M, Brooks, Buck, Buckley, Buthnton, Burehard, Burdett. Benjamin F. Butlei^ Roderick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Co- burn, Cook, Conger, CuUom, Davis, Dawes, Dickey, Dockery, JJonley, Duval, Ferriss, Ferry, Finkelnburg, Fisher, Garfield, Gilfillan, Hale, Hamilton, Harris, Hawley, Hay, Heaton, Heflin, Hill, Hoar, Hoge, Hooper, Hotchkiss^ Ingersoll, Jenckes, Alexander H. Jone?, Judd, Julian, Kelley, Kellogg, Ketcham, Knapp, Laf- lin,Xiash, Lawrence, -Logan, Loughridge, Lyncn, Mc- Carthy, McCrary, McKenzie, Mercur, Eliakim H. Moore, Jesse EI. Moore, William Moore, Morreli, Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Phelps, Piatt, Pomeroy, Prosser, RoQts, Sanford, Sargent, Saw- yer, Sohenck, Scofield, Shanles, John A. Smith, William J. Smith, WorthingtonC. Smith, William Smyth, Stark- weather, Stokes, Stoughton, Strickland, Strong, Till- man, Townsend, Twichell, Tyner, Upson, Van Horn, Cadwalader C. Washburn, William B. Washburn, WeV 612 POLITICAL MANUAL. ker, Wheeler, Wilkinson, Willard, Williams. John T. Wilson, Winans, Witcher — 125. Nats— Messrs. Adaim, Archer, Axlell, BecTt, Biggs, Bird, Burr. Calkin, Cleveland, Cox, Crebs, DicJcinsoti, Box, Bldridge. Oetz, Oriswold, Haight. Haldeman, Bambleton, ffamiU, Hawkins, ffolman, Johnson, Thomas L Jones, Kerr, Knott, Marshall, Mayham, McCormick, McNeeiy, Milnes Nihlack, Potter, Randall, heading, Reeoes, ^rce, Sogers, Sehumaker, Shehod, Slocum. StSvenson, Stiles, Stone. St''ader,IStl)tlnn,*I!khnei;'Tri7nble, Tan Auf:'en, Van Trump. Voot-hees, Wells, Eugene M. WiUon, Wood, Wood- u irdA-bs, In Semate. 1870, MarctlS — Mr. Morton moved to amend by insertine at the end of the bill as follows : Sec. 2. Tnaf so much of the act entitled "An act making appropriations for the support of the army for the year effding June 30, 1868, and for other purposes," approved' Marob 2, 1867, as pro- hibits the organization, arming, or calling into service of the militia forces in trie State of Gedr- gia, be, and the same is hereby, repealed. Which was agreed to. April li^Mr. "Williams tooVed to- strike out the last clause of the Bingham proviso and in- sert as follows : Prcmded further. That the next election for members of the general assembly of said State shall be held on the Tuesday after the first Mon- day of November, A. D. 1872, and the last clause of the second subdivision of the 1st section of the Illd article of said constitution, in the following words: "The general assenibly may, by law, chinge the time of election, and the members shall hold until their successors are elected and qualified," shall never be by any legislature ex-, ercised so as to extend the term of any office beyond the regular period named in the said constitution ; and the said general assembly shall, by joint resolution, consent to this, proviso as a fundamental condition before this act shall' take effect. Which was disagreed to — yeas 24, nays 25, as follow : Yeas — Messrs. Abbott., Ames, .Boreman, Chandler, Cole, Drake, Fenton, Flanagan, Gilbert, Harpilton of Texas, Howard, Howelli Lewis, ^e, Osborn, Ramaey, Eice, Spencer, Stewart, Sumner, Thayer, Warner, Wil- liams. Wilson — ^24. Nats — Messrs. Anthony, Buckingham. Carpenter.C&s- ierly, Corbett, Davis, Ferry, Fowler, IVillidm T. Hamilton, Howe, Johnston, McCreery, Morrill of Maine, Morrill of Vermont, Patterson, Pratt, Scharz. Scott, Sherman, Sprague, Stacktm, Tipton, Trumbull, Tickers, Willey — 25. April 19 — Mr. Wilson moved to strike out the Bingham proviso, and to insert, "That in conse- quence of the failure of the general assembly of Georgia to effect a legal organization for a. pe- riod of over eighteen months it be, and hereby is, declared that the term of service of the said general assembly as now or.ganized- shall dste from the 26th ot January, 1870, and shall con- tinue until the persons to be chosen on the Tuesday after the 1st Monday of November, 1872, as members of the general assembly of said State, are qualified: Poinded, That the' last clause of the second subdivision of the first sec- tion of the third article of the constitiition of Georgia, in the following words : ' The general assembly may by law change the time of elec- tion, and the members shallTiold until their suc- cessors are elected and qualified,' shall never be by any legislature exercised so as to extend the term, of any- office beyond the regular period named in the said constitution; and the said general assembly shall, by joint resolution, tSfiii- , sent to this fundamental condition before tfiis act shall take effect." Mr. Pomeroy moved to amend the amendment of Mr. Wilson by striking out all after the" wpKi "that" in the first line and inserting- as follows: "The existing government in the State of Geor- gia is hereby declared to he provisional ; and the same shall continue subject to the provisions.; of the acts of CongreSs of March 2, 1867, andfi March 23, 1867, and of July 19, 1867, until the admission of said State, by law, to representation : in Congtess ; and fOr this purpose the State of Georgia shall constitute the third military dis- trict. ^ "Seo. 2. That in accordance with the provis- ions of, and under the poWers and limitations provided' in,' said acts, an election shall beheld m'said State on the 15th day of November, i 1870, for all the members of the general assem- bly 'of said State provided for in the constitution of said State, adopted by its convention on the 11th day of March, 1868, at which election all persons who by said constitution are electors shall beentitlfed to vote. And said general as^ "sembly. so eleSted," shall assemble at the capitol of said State, on-Tuesday, the 13th day of De- cember, 1870, and organize, preparatory' to fhfl admisfeibn of the State to irepreSentation in Con- gress; and the powers and functions of ' the members of the existing geUeral assembly shall cease and determine on the said 13th day of December, 1870?' Mr. PomercJy's amendment was agreed to — yeas 37, nays 24, as follow: Teas — Messrs. Abbott, Ames, Anthony, BuckinghKtn, Carpenter, Otsserly, Cole. Corbett, Crag'in, i>at)i«,' -Ed- munds, Ferry, Fowler, Hamilton of Maryland, H.amlin, Harlan, -Howe, Kellogg, McCreery, Morrill of Maine, Morrill of Verinont, Patterson. Pomeroy, Pool, Pratt, Eobertaon, Saut^ui^, Sawyer, SehuTZ.'Seott, Shei'mrtn, Stockton, Thurman, Tipton, Trumbull, Woriier, Willey- 37- NATS-^Messrs. Boteniftn, Brownlow, Drake, FeiltOn, Flitiagan, llftmilton of Texas, Harris, Howard, Howell, McDonald, Morton. Nye, Osborn, Ramsey,-Eevels, Ritee, Boss, Spencer, Stewart, Sumner, Thayer, Williams, Wilson, Yates— 24. Mr. Wilson's amendment as amended was agreed to — yeas 36, nays 23, as follow: Yeas— Messrs. Abbott, Ames, Anthony, -Brownlowt Buckingham, Carpenter; easterly, Cdle, Corbett, Davit, Editninas, Ferry, Fooler, Hamilton of Maiylantl, UfCni- lln, HarMn, Howe; KelliJgg,- IfeWMiTf, MowiU'of MaSile, Morrill of Vermont, Patterson, Pomeroy, Pool, Pratt, Robertson, Saulsbury, Sawyer, Schura, Scott, Sherman, Stockton, Thurman, Tipton, • am6r, Willey— 36. NATS-^-Messrs. Boreman, Drake. Fenton, Flanagan, Hamilton of Texas, Harris, Howard, Howell, McDonald, Morton, Nye, Osborn, Revels, Rioe, Boss, Spencer, Stewai't, Sumner, Thayer, Trumbull, Williams, Wilson, Yates— 23. Mr. Wilson theu-mbved to pogtpotle the till indefinitely; which was disagreed to— yeas 23, nays 39, as follow: Yeas— Messrs. Boreman, Chftndlfer, Drake, Fentoni FlWftgan, Hartlilton of Texas, Harris, Howard, Hdweilr McDonald, Morton, Nye, Osborn, Eamsey, Revels, Rice, Spencer, Stewart, Sumner, Thayer, Williams, Wilsbn, Yates— 28. j Nats— Messrs. Abbott, Ames,' Anthony, Brownlow! Buckingham, Carpenter, Oisser?)/, Cole. Corbett, CriJ gin, Davis, Edmunds, I^en-y, Fowler. Hamilton of mJ ryland, Hamlin, Harlan. Howe, Kellogg, McCreerii, Mol till of Maine, Morrill of Viermont, Patterson, Poirfcroi' Pool, Pratt, Robertson, Ross; Saulsbtiri/, Sawyei , Sch(i»¥ RESTORATION OF GEORGIA. 613 Soott, Sherman, Stedctm, Thwrnan, Tipton, Trumbull, ■Warner, Willey— 39. ' r. • ' Mr. Pomeroy moved further to amend by strik- ing out all of the bill except the amendment just adopted ; which was agreed to-^yeas 38, naya 23, aa follow : Yjis— Messrs. Abbott, Ames, Anthony, Brownlow, Buckingham, Carpenter, easterly, Cole, Corbett, Cragin, JPavis, Drake, Edmunds, Ferry, Fowler, BamiUmi. of Maryland, Hamlin, Harlan, Hpwe, K^logg, UcCreery, Morrill of Maine, Morrill of V.ermont. Patterson, Pom- ©roy, Pool, Pratt, Robertson. SauUbury, Sawyer, Sohurz, Scott, Sherman, Stockton, Tipton, Trumbull, Warner, Willey— 38. Nays — Messrs. Boreman, Chandler, Fe^toq, Flana- gan, Hamilton of Texas, Harris, Howard, Howell, Mo- Donald, Morton, Nye, OslMrn, Kamsey, Bevels, Bice, Boss, Spencer, Stewart, Sumner, Thayer, Williams, Wilson, Yates— 23. Mr. Drake moved to add the following section : Sko. — . That whenever it e,h»,\\ appear to the President, from an application by the legislature of any State, or by the governor of such State when the legislature cannot be convened, that there exist in such State organizations or combi- ijations of men engaged in the perpetration of acts of violence against the persons or property of others, or in obstructing the due execution of the laws of such State, and that the government, of such State is unable to suppress the perpetra- tion of such acts of violence or obstruction, the county or district wherein such organizatiohp or combinations exist shall be considered as in a state of rebellion, and it shall be the duty of the Presi- dent to send in to such county or district such num- ber of the troops of the United States as may be necessary for the suppression of suph acts of vio- lence or obstruction and the subjugation and dis- persion of such organizations and combinations ; and the officer commanding such troops, upon arriving in such county or district, shall' dectre- martial law over the same, with suspension of the writ of habeas corgms, if such declaration and sus- .pension be authorized by the President, and in that case shall take all measures knovjrn to mar-, tial law for the suppression of such, organizations and combinations and the punishment of parties engaged therein, and shall hold and maintain military jurisdiction over all persons arrested by his order until their oases shall be finally disposed of; and shall proceed to levy upon and collect from the inhabitants of such county or district a sum of money sufficient to pay the expenses of the transportation of such troops from the point whence they were ordered to the point of their operations in such county or district, and all other expenses of his command, except pay and cloth- ing, while such command shall be there stationed 4or the purpos* aforesaid.- And this section shall apply to any case where the President may have heretofore sent a military force into any State, :npon the request of the legislature or governor thereof; for the feuppression of domestic violence. ■And if the army of the United States shall be so stationed or employed as that it cannot, in the judgment of the President, be advantageously •iised for this service, he shall call out and organize a sufficient number of the militia of States which have not at any time been in armed hostility to the United States to accomplish suph suppression ; and the provisions of this .section shall apply to the militia so called out and organized. Mr. Hamlin moved to strike out all of this amendment after the word " combinations" in the 19th line ; which was agreed to — yeas 32, nays 24, as follow : Yeas— Messrs. Anthony, Boreman, Buckingham, Car- penter, Caeserty, Cole,' Cragin, DavU, Edmunds, Ferry, Fowler, SamiiU>n ot Maryland, Hamlin^' Harlon, Howe, Howell, Morrill of Maine.,Morrill of Vermont, Pomeroy, Pratt, Bobertson, Saulsbury, Sawyer, Sohurz, Scott, Sherman, Stewart, Stockton, Thwrnan, Tipton, Trum- bull, Willey-3« Nays- Messrs, Abbott, Ames, Brownlow, Chandler, Corbett, Drake, Flanagan, Hamilton of Texas, Harris, Howard, McDonald, Nye. Osborn, Pool, Ramsey, Bevels, Eioe, Boas, Spencer, Sumner, Thayer, Warner, Wilson, Yates— 24. Mr. Drake then asked and obtained consent to withdraw the remainder of his amendment. Mr. Drake then moved^to amend by inserting the following additional section ; Seo. — . That whenever it shall appear to the President, from an application by. the legislature of any State, or by the governor of such State when the legislature cannot be conv-ened, tha: domestic violence prevails in any city, county, or municipal organizatipn in such State, tha cannot he suppressed by the lotal authorities, i' shall be the duty of- the President to suppress such domestic violence ; and for that purpose he js. hereby authorized tp suspend the privilege oi the- writ of habeas corpus within the limits oi . such municipality, and to employ the military, force of tbe United States, and any portion of the militia of any State he may deem necessary, and to exercise all such powers and inflict such pun- ishment as may by the laws or the rules auc articles of war be exercised or inflicted in case: of insurrection or invasion. Which was disagreed to — ^yeas 30, nays 31, as follow ; , Ybas — Messrs. Abbott, Ames, Brownlow, Chandler, Cragiii, Drake, Fenton, Flanagan, Hamilton of Texae, Harris, Qoward, Kellogg, McDonald. Morton, Nye, Os- born, Pool, Pratt, Bamsey, Bevels, ' Bice, Bobertson, Sherman, Spencer, Stewart, Sumner, Thayer, Wai-ner, Wilson, Yates— 30. Nays — Messrs. Anthony, Boreman, Buckingham, Carpenter, Casserly, Cole, Corbett, Davis, Edmunds, Ferry, Fowler, Hamilton of Maryland, Hamlin, Harlan. Howe, Howell, McOreery, Morrill of Maine, Morrill of Vermont, Pomeroy, Boss, Saulsbury, Sawyer, Sohurz, Scott, Stockton, Thurman, Tipton, Trumbull, Willey, Williams— 31. The same section was_ again, proppsed, modified aiit the suggestion ot Mr. Sherman, aa follows : Seo. — . That whenever it shall appear to the President, from an application by the legisfcture of any State,, or by the governor of s.uch State when the legislature cannot be convened, that domestic violence prevails in any city, county, or municipal organization in such State, that cannot be suppressed by the local authorities, it shall be the duty of the President to suppress such domestic violence, and for that purpose he is hereby authorized to employ the military force of the United States, and any portion of the mil- itia of any State he may deem necessary, and to exercise all such powers and inflict such punish- ment as may by the laws or the rules and arti- cles of war be exercised or inflicted in case of insurrection or invasion. Which was agreeji to — ^yeas 32, nays 26, as follow : Yeas — Messrs. Abbott, Ames, Chandler, Drake, Fen- ton, Flanagan. Hamilton of Texas, Hamlin, Harlan, Harris, Howard, McDon^iId, Morton, Nye, Osborn, Pat- terson, Pool, Pratt,.Eamsey, Bevels, Kiee, Bobertson, Scott, Sherman, Sfpericer, Stewart, Sumner, Thayer, »Warner, Williams, Wilson, Yates:— 32. Nays — Messrs. Anthony, Boreman, Buckingham, Car- 614 POLITICAL MANUAL. penter, Casserly, Cole, Corbett, Davis, Edmunds, Ferry, Fowler, Hamilton of Maryland, Howe, Howell, Mc- Creffry, Morrill of Maine, Morrill of Vermont, Pomeroy, Ross, Saulsbury^ Sawyer, Stocktoriy Thurman, Tipton, Trumbull, Willey— 26. Mr. PomerDy moved to amend the preamble to read as follows: Whereas great irregularities have been prac- ticed in the organization of the Legislature in the State of Georgia, both in its first organiza- tion and in the expulsion of certain members, am well also as in its reorganization since the act of December last: Therefore, Which was agreed to. Mr. Edmunds moved to insert at the end of Mr. Drake's amendment the words " but the provisions of this section shall not be construed to suspend the writ of habeas corpus." Which was disagreed to — ^yeaa 29, nays 30, as follow : Teas— Messrs. Anthony,Buekingham, Carpenter, Cas- serly, Colo, Davis, Edmunds, Ferry, Fowler, BamiUim of Maryland, Hamlin, Howe, Howell, McOrixry, Morrill of Maine, Morrill of Vermont, Patterson, Pomeroy, Boss, SauUhmy, Sawyer, Schurz, Scott, Stockton, Thurman, Tipton, TMimbull, Willey, Williams— 29 Nats — Messrs. Abbott, Ames, Boreman, Chandler, Corbett, Cragin, Drake, Fenton, Flanagan, Hamilton of Texas, Harris, Howard, McDonald, Morton, Nye, Os-' born. Pool, Pratt, Ramsey, Revels, Rice, Robertson, Sherman, Spencer, Stewart, Sumner, Thayer, Warner, Wilson, Yates— 30. Mr. Pomeroy moved to insert the following additional section : Sec. — . That so much of tha act entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as pro- hibits the organization, arming, or calling into service of the militia forces in the State of Georgia be, and the same is hereby, repealed. Which was agreed to — ^yeas 48, nays 9, as follow : Yeas — Messrs. Abbott, Ames, Anthony, Boreman, Buckineham, Carpenter, Chandler, Cole, Corbett, Drake, Edmunds, Fenton, Ferry, Flanagan, Hamilton of Texas, Harris, Howard, Howell, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, lievels. Rice, Robertson, Ross, Schurz, Scott, "Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson, Yates— 48. Nats — Messrs.CUsseW//, Fowler, flaiwiitora of Maryland, Hamlin, Howe, itcOreery, SauUbury,Ss,wyeT,Stocktm — 9. The bill then passed — yeas 27, nays 25, as follow : Yeas— Messrs. Ames, Anthony. Buckingham, Car- penter, Cole, Corhett, Cragin, Edmunds, Ferry, Ham- lin, Howe, Kellogg, MorrUl of Maine, Morrill of Ver- mont, Patterson, Pomeroy, Pool, Pratt, Robertson, Ross, Sawyer, Schurz, Scott, Sherman, Tipton, Warner, Willey— 27. ' Nats- Messrs. Boreman, Chandler, Drake, Fenton, Flanagan, Fowler. Hamilton of Texas, Harris, Howard, Howell, -VIcDonald, Morton, Nye, Osborn, Ramsey, Revels, Bice, Spencer, Stewart, Sumner, Thayer, Trum- bull, Williams, Wilson, Yates— 26. The bill, as finally passed, stood as follows: Whereas great irregularities have been prac- ticed in the organization of the legislature in the State of Georgia, both in its first organiza- tion and in the expulsion of certain members, as well also as in its reorganization since the act of December last: Therefore, Be it enacted, &e.. That the existing govern- ment in the State of Georgia is hereby declared to be provisional ; and the same shall continue subject to the provisions of the jets of Congress of March 2, 1867, and March 23, 1867. and of July 19, 1867, until the admission of said State, by law, to representation in Congress ; and for this purpose the State of Georgia shall constitute the third military district. Sec. 2. That in- accordance with the provis- ions of, and under the powers and limitations provided in, said acts, an election shall be held in said State, commencing on the 15th of No- vember, 1870, and continuing as the President may designate, for all the members of the gen- eral assembly of said State provided for in the constitution of said State, adopted by its con- vention on the 11th day of March, 1868; at which eledion all persons who by said consti- tution are electors shall be entitled to vote. And said general assembly so elected shall as- semble at the capitol of said State, on Tuesday, the 13th day ot December, 1870, and organize preparatory to the admission of the State to representation in Congress ; and the powers and functions of the meinbers of the existing gen- eral assembly shall cease and determine on the said 13th day of December, 1870. Sec. 3. That whenever it shall appear to the President, from an application by the legislature of any State, or by the governor of such State when the legislature cannot be convened, that domestic violence prevails in any city, county, or muuioipai organization in such State, that can- not be suppressed by the local authorities, it shall be the duty of the President to suppress such domestic violence, and for that purpose ne is here- by authorized to employ the military force of the United States, and any portion of the militia of any State he may deem necessary, and to exer- cise all such powers and inflict such punishment as may by the laws or the rules and articles of war be exercised or inflicted in case of insurrec- tion or invasion. Sec. 4. That so much of the act entitled " An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as pro- hibited the organization, arming, or calling into service of the militia forces in the State of Geor- gia be, and the same is hereby, repealed. In House. 1870, June 24— Mr. B. F. Butler, from the Committee on Beconstruction, reported back the Senate amendment, with the recommendation that the bill previously reported by him be passed, with an addition to the 1st section, as follows: but nothing in this act shall be construed to deprive the people of Georgia of the Tight to elect mem- bers of the general assembly olsaid State in the year 1870, as provided ip the constitution ofsaid^ State; and also the following additional section : Sec. 2. That so much of the act entitled "An act making appropriations for the support of the. army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as pro- hibits the organization, arming, or calling into service of the militia forces in the States of Geor- gia, Mississippi, Texaa, and Virginia, be, and the same is liereby, repealed, Mr. Dawes moved to amend by substituting for the Senate amendment as follows : Sec. 1. That the State of Georgia, having com- 1 plied with the reconstruction acts, and the XI Vth * and Xyth amendments to the Constitution of \ the United States having been ratified in good a BESTOEATION OF GEORGIA. 615 faitli ty a legal legislature of said State, it is hereby declared that the State of Georgia is enti- tled to representation in the Congress of the United States. Seo. 2. That so much of the act entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as pro- hibits the organization, arming, or calling into service of the militia forces in the States of Geor- gia, Mississippi, Texas, and Virginia, be, and the same is hereoy, repealed. Mr. Farnsworth moved to amend Mr. Dawes's substitute by inserting at the end of the 1st sec- tion as follows : But nothing in this act contained shall be con- strued to deprive the people of Georgia of the right to an election for members of the general assembly of said State in the year 1870, as pro- vided for in the constitution oi said State. Mr. Dickey moved to amend Mr. Farnsworth's amekdment by striking out the words "in the year lS70;" which was agreed to — yeas 122, nays 71, to follow: ■ ?fiAS — Messrs. Allison, Ambler, Ames, Armstrong, Ar- nell, Asper, Atwood, Bailey. Bank.s, Barry, Benjamin, Bennett, Benton, Boles, Boyd. George M. Brooks, Buck, Buckley, Buffinton, Bufeliard, Burdett, Benjamin F. Butler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Conger, Cook, Covode. CuUom, Davis. Dawes, Degener, Dixon, Donley, flyer, Ela, Ferriss, Ferry, Fisher, Fitch. Gil- fillan. Hale, Hamilton, Harris. Hay, Hays, Heilin,HiU., Hoar. Hooper.IngerRolI. Alexander H. .Jones, Judd;Ju- lian, Kelley, KelRey, Ketch am, Knapp,Lash, Lawrence, Logan, Loughridge. Maynard, McCrary, McKee, Wil- liam Moore. Morphis, DanielJ. Morrell, Myers, Negley, Nowsham, O'Neill, Packard, Packer, Paine, Palmer, Peck, Perce, Peters, Phelps, Piatt, Poland, Pomeroy, Porter, Prosser, Roots. Sanford, Sargent, Sawyer, Sco- field. Shanks, Lionel A. Sheldon, Porter Sheldon, Wil- liam J. Smith, William Smyth, Starkweather, Stevens, Stevenson. Stoke."*, Stoughton, Strong, Taffe, Taylor, Tillman, Twichell, Tyner, Van Horn, Van Wyek, Wal- lace. Ward, Cadwalader C. Washburn, William B. Washburn. Welker, Wheeler. Whitmore, Wilkinson, Williams. John T. Wilson— 122. Navs— Messrs. Adams. Archer, Xxte2I,Beaman, Beatty, Beck, Biggs, Bingham, Bird, Blair, James Brooks, Burr, Calkin, Cleveland, Conner, Cox, Orebs, ■ IHckimson, Dock- ery, Sox, Etdridge. Farnsworth, Finkelnburg, Garfield, Getz, CrHswold, Haiqht, Haldeman,Hambleton, Hawkins, Hblmar^ Jenckes, Johnson, . Thomas L, Jones, Kelloee, Knott, Laflin, Lewis, Marshall, Mayham, McCormick, Mc- Kenzie, McNeely, .lesse H. Moore, Morgan, Horrissey, Mungen, Niblack, Orth, Potter, Reeves,Iiice, Rogers, Schu-' maker, Sherrod, Shober, Slocwm, John A. Smith, Joseph S. Smith, Stiles, Stone, Smeeney, Trimble, Upson, YanAiJir ken. Van Tramp, Wells, Eugene M Wilson' Winans, Wood, Woodward — 71. Mr. Farnsworth's amendment, as amended, was then agreed to — yeas 98, nays 90, as follow : Yeas — Messrs. Adams, Allison, Ambler, Archer, Axtell, Seaman, Beatty, Beck, Benjamin, Bingham, Bird, Blair; Booker, James Efroo^, Burchard,.5wrr, Calkin, Cleveland, Conner, Cook, Or^s, Cullom, Dickinson, Doekery, Dox, Eldridge, Farnsworth. Ferris, Ferry, Finkelnburg, Fitch, Garfield, Getz, Oriswqld, JIaight, Jffaldeman, Hale, Hambleton. Hawkins, Hay, Holman, Inaersoll, Jenckes, Johnson, Thomas L. Jones, Judd, Kellogg, Keteham, Knott,'LzQ\n,Leisis,'L(i^Ka,Marshall,Mayham,McCfirmick, McKenzie, McNedy, Jesse H. Moore, Morgan, Daniel J, Morrell, Morrissei/, Mungen, Niblack, Orth, Packard, Paine, Peters. Poland, Potter, Reeves, Rice, Rogers, Sar- ;ent, Schumaker, Sherrod, Sliober. Slocum, John A. Bmith,„ 'bseph S. Smith, Starkweather, Stilus, Stone, Strong, Sweeney, Talfe, Trivible, Tyner, Upson, Van Auken, Van Trump. Cadwalder C. Washburn, William B. Washburn, Wells, Williams; Eugene M. ITiteoji, Winans, Wood, Wood- ward — 98. Nats— Messrs. Ames, Armstrong, Arnell, Asper, At- wood,Bailey,Barry,Bennett, Benton, Boles, G. M.Brooks, Buck, Buckley, Buffinton, Burdett, Benjamin F. Butler, Cessna, Churchill, William T. Clark, Sidney Clarice, % Amasa Cobb, Clinton L. Cobb, Cobnrn, Conger, Covode, Davis, Dr^wes, Degener, Dixon, Donley, Dyer, Ela, Fish- , er, Gilfi'iian, Uamiltou, Harris, Hays, Heflin, Hill, Hoar', Hooper, Alexander H.Jones, Julian, Kelley, Kelsey ; Knapp, Lasli, Lawrence, Loughridge, Maynard, Mc- Crary, McKee, William Moore, Morphis, Myers, Neg- ley, Newsham, O'Neill, Palmer, Peck, I'erce, Phelps, Piatt, Pomeroy, Porter. Prosser, Sanford. Sawyer, Sec field, Shanks, Porter Sheltlon, William J Smith, Wil- liam Smyth, Stevens, Stevenson, Stokes, Stoughton, Strickland, Taylor, Tillman, Twichell, Van Horn, Van Wyok, Wallace Ward, Welker, Wheeler, Whitmore, Wilkinson, John T, Wilson— 90. Mr. Lawrence moved to amend Mr. Dawes's substitute further by adding as follows : Sbo. — . That the State ot Georgia is admitted to representation in Congress as one of the States of the Union, upon the following fundamental conditions: Ist, that it shall never be lawful for the said State to deprive any citizen of tlie United States, on account of his race, color, or previous condition of servitude, of the right to hold olBce under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as. are required of all other citizen^ 2d, that the con- S.titution of Georgia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said. State. Which, on a division, was rejected — yeas 48, nays 74. The amendment of Mr. Dawes was then sub- stituted for the Senate amendment without a division — making the bill to stand as follows: The State of Georgia having complied with the reconstructiTDu. acts, and the XlVth and XVth articles of amendments to the Constitution of the United States having b^en ratified in good faith by a legal legislature of said State, it is hereby declared that the State' of Georgia is entitled lo representation in the Qongrfess .of the United States. But nothing in this act contained shall be construed to deprive the people of Georgia of the right to an election for members of the'g^ne- ral assembly of said State as provided for iu!the constitution thereof Seo. 2. That so much of the act entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as pro- hibits the organization, arming, or calling into service of the militia forces in the States of Geor- gia, Mississippi, Texas, and Virginia, be, and the same is hereby, repealed. In Senate. July 8. — The amendments of the House were non-concurred in, and a committee of conference asked, by the following vote: Ybas- Messrs. Abbott. Bayard, Buckingham, Car- penter, Casserly, Cole, Conkling, Corbett, Cragin, Fow- ler, Ha/milton of Maryland, Hamlin, Marian, Harris, Howe, Johnston, Kellogg, McCreery, Morrill of Vermont, Patterson, Pomeroy, Pratt, Boss. Saulsbur/i, Sawyer, Schur^, Scott, Sprague, Sfockion, Thurman, Tnimbull. Warner, Willey, Wilson— 34. Nats — Messrs. Ames, Boreman, Cameron, Chandler, Drake, Gilbert, Hamilton of Texas, Howard, Howell, Lewis, Morton, Nye, Pool. Ramsey, Rice, Robertson, Spencer, Stewart, Sumner, Thayer, Williams, Yates— 22. Messrs. Howard, Hamlin, and Thurman were appointed such committee on the part of the Senate,- and Messrs. B. F. Butler, Farnsworth, and Paine on the part of the House, who report- ed the bill as passed above. LXI. MISCELLANEOUS. President's Uessage on Enropean war and Ame- rican shipping. To iJie Senate and House of Bepresentatives : Your attention is respectfully called to the necessity of passing an Indian appropriation bill before the members of Congress separate. With- out such appropriation Indian hostilities are sure' to ensue, and with them sufferings, loss of life, and ezpenditures, vast as compared with 'the amount asked for. The latest intelligence from Europe indicates the imminence of a war between France and North Germany. In view of this a soundpolicy indicates the importance of some legislation tend- ing to enlarge the commercial marine of this country The vessels of this country at the present time are insufficient to meet the demand which- the existence of a war in Europe will impose upon the commerce of the United States, and I submit to the consideration of Congress that the inter- ests of the country will be advanced by the op- portunity to our citizens to purchase vessels of foreign construction for the foreign trade of the country. An act to this effect may be limited in its duration to meet the immediate exigency. The foreign mail service of the United States is in a large degree dependent upon the Bremen and Hamburg line of steamers. The Post Office Department has entered into contracts in writ- ing with the. two companies above named, and with the "Vyilliatns and Guion lines respectively for a regular and continuous service of two years. The only arrangement that could be made with, the Inman and Cunard lines is temporary, and may be broken off at any time. The North Ger- man lines are iirst-class in point of speed and Equipment, their steamers usually mziking the trip across the Atlantic in from twenty-four to thirty-six hours in advance of the Williams and Guion line, Should the North German steamers, be blockaded or impeded by France,, our postal intercourse with foreign nations will be greatly embarrassed, unless Congress shall interpose for its relief i suggest to Congress the propriety of further postponing the tinie for adjournment, with the view of considering the questions herein commu- nicated. U. S. Geaht. WAsniNGTON, D. C, July 15, 1870. This message was sent to Congress too late for insertion in the chapter of President Grant's AN ACT to amend the naturalization laws and to punish crimes against the same. Be it enacted, &c. , That in all cases where any oath, affirmation, or affidavit shall be made or taken under or by virtue of any act or law re- lating to the naturalization of aliens, or in any proceedings under such acts or laws, and anjf person or persons taking or making such oath, - affirmation, or affidavit, shall knowingly swear or affirm falsely, the same shall be deemed and taken to be perjury, and the person or persons guilty thereof shall upon conviction thereof be sentenced to imprisonment for a term not exceed- ing five years and not less than one yiear, and to a fine not exceeding $1,000. Sec. 2. That if any person applying to be ad- mitted a crtizen, or appearing as a witness for any such person, shall knowingly personate any other person than himself, or falsely appear in the name of a deceased person, or in an assumed' or' fictitious name, or if any person shall falsely make, forge, or counterfeit any oath, affirmation, notice, affidavit, certificate, order, record, signa- ture, or other instrument, paper, or proceeding re- quired or authorized by any law or act relating to or providing for the naturalization of aliens ; or shall alter, sell, dispose of or use as true or genuine, or for any unlawful purpose, any false; forged, ante-dated, or counterfeit oath, affirma- tion, notice^ certificate, order, record, signature, instrument, paper, or proceeding as aforesaid ; or sell or dispose of, to any person other than the person for whom it was originally issued, any. certificate of citizenship or certificate showing any person to be admitted a citizen ; or if any person shall in any manner use, for the purpose of registering as a voter, or as evidence of a right to votb, or otherwise, unlawfully, any order, cer- tificate of citizenship, or certificate, judgment, or exemplifications showing such person to be ad- mitted to be a citizen, whether heretofore or hereafter issued or made, knowing that such order or certificate, judgment, or exemplifica* tion has-been unlawfully issued or made; or if any person shall unlawfully use, or attempt to u^e, any each order or certificate, issued to or in the name of any other person, or in a ficti- tious name, or the name of a deceased person ; or use, or attempt to use, or aid, or assist or participate in the use of any certificate of citi- zenship, knowing the same to be forged, or coun- terfeit, or ante-dated, or knowing me same to ha«6 been procured by fraijd, or otherwise uni- lawfully obtained ; or if any person, and without lawful excuse, shall knowingly have or be pos' sessed of any false, forged, ante-dated, or coun- terfeit certificate of citizenship, purporting to have been issued under the provisions of any , law of the United States relating to naturaliza- tion, knowing such certificate to be false, forged, ante-dated, or counterfeit, with intent unlaw- fully to use the same; or if any person shall obtain, accept, or receive any certificate of citi- zenship known to such person to have been pro- cured by fraud or by the uso of any false name, or by' means of any false statement made with 616 MISCELLANEOUS. 617^ intent to procure, or to aid in procuring, the issue of such certificate, or known to such per- son to be fraudulently altered or ante-dated; or if any person wlio_has been or may be adinitted to be a citizen shall, on oath or affirmation or by affidavit, knowingly- deny that he has been so admitted, with intent to evade or avoid any duty or liability imposed or required by law, every person so offending shall be deemed and adjudged guilty of felony, and; on conviction thereof, shall be sentenced, to be imprisoned and kept at hard labor for a period not less than on« year nor more than five years, or be fined in a sum not lees than $300 nor more than $1,000, or both such punishments may be imposed, in the discretion of the court. And every person who shall knowingly and intentionally aid or abet any person in the commission of any such fel- ony, or attempt to do any act hereby made felony, or counsel, advise, or procure, or attempt to procure, the commission thereof, shall be liable to indictment and punishment in the same man- ner and to the same extent as the principal party guilty of such felony, and such person may be tried and convicted thereof without the previous conviction of such principal. Sec. 3. That any person who shall knowingly use any certificate of naturalization heretofore f ranted by any court, or which shall hereafter e granted, which has been or shall be procured through fraud, or by false evidence, or has been or shall be issued by the clerk, or any other oflS- oer of the court, without any appearance and hearing of the applicant in court, and without lawful authority, and any person who shall falsely represent himself to be a, citizen of the United States, without having been duly admit- ted to citizenship, for any fraudulent purpose whatever, shall be deemed guilty of a misde- meanor, and, upon conviction thereof in due course of law, shall be sentenced to pay a fine of not exceeding $1,000, or be imprisoned not ex- ceeding two years, either or both, in the discre- tion of the court taking, cognizance of the same. Sec. 4. That the provisions of this act shall apply to all proceedings had or taken, or attempt- ed to be had or taken, before any court in which any proceeding for naturalization shall be com- menced, had, or taken, or attempted to be com- menced; and the courts of the United,States shall have jurisdiction of all offenses under the pro- visions of this act, in or before whatsoever court or tribunal the same shall have' been committed. Sec. 5. That in any city having upward of twenty thousand inhabitants, ' it shall be the duty o.f the judge of the circuit court of the United States for -the circuit wherein said city shall be, upon- the application of two citizens, tO' appoint in writing, for each election district or voting precinct in said city, and to change or renew said appointment as occasion may require, from time to time, two citizens resident of the district or precinct, one from each political party, who, when so designated, shall be, and are hereby, authorized to attend at all times and pliaces fixed for the registration of voters, who being registered would be entitled to vote for representative in Congress, and at all times and places for holding elections of representatives in Congress, and for counting the votes cast at said elections, and to challenge any name pro- posed to be registered and any vote ofi'ered, and to be present and witness throughout the count- ing of all votes, and to remain where the ballot- boxes are kept at all times -after the polls are open until the votes are finally counted; and' said persons, and either of them, shall have the right to affix their signature or his signature to said register for purposes of identification, and- to attach thereto, or to the certificate of the num- ber of votes cast, and statement touching tlie truth or fairness thereof which they or, he may ask to attach; and any one who shall pievont any person so designated' from doing any of the acts authorized as aforesaid; or who shall hinder or molest any such person in doing any of tile said acts, or shall aid or abet in preventing, hinder- ing, or molesting any such, person in respect of any such acts, shall be guilty of a misdemeanor, and on conviction shall be punished by impris- onment not less than one year. Seo. 6. That in any city having upward of twenty thousand inhabitants* it shall be lawful for the marshal of the United States for the dis- trict wherein said' city shall be to appoint as many special deputies as may be necessary to " preserve order at any election at which repre- •sentatives in Congress- are to be chosen; and said daputies are hereby authorized to preserve- order at, such elections, and to arrest for any ofr fense or breach of the peace committed in their view. Sec. 7. That the "uaturalizatipn laws are here- by extended to aliens of African nativity and to persons of African descent. ': Approved- July 14, 1870. , [Portions of this act and of the act to enforce the XlVth and XVth amendments are taken I substantially from the report of the Commiwee on Alleged New York. Eleclaou Frauds, 3d sess. 40th Cong., report 31, whioll treated of these j questions.] Final Votes. i Ih Senate, July, 4, 1870. Yeas — Messrs. Anthony, Chandler, Conkling, Cor- bett, Cragin, Drake, Edmunds, Fenton, Gilbert, Ham- lin, Harlan, McDonald, Mbn-jll of Vermont, Morton, ;Nye, Osborn, Patterson, Pomeroy; Ramsey, BSce, Bob- ertson. Sawyer, Scott, Spencer, Stewart, Sumner, Thay- er, Tipton, TrnmbuU, Warner, Willey, Williams, Wil- son— 83. N.\TS— Messrs.- Bayard'^ Boreman, Bojmilton of Mary- laud, MeOreery,S'mtsbwry,Stockion, ThwTfUtn, Vickers—S* In House, June 11, 1870. Yeas— Messrs. Allison, Ambler, Ames, Armsti-op.j?, Asper, Atwood, Ayer, Bailey, Banks, lieabty, l'enjam.i4i. Bentfln, Bingham, Blair, Boles, Boyd, George M, Brooks, Buck, Buckley, Buffinton, Burcnard, Burdett, BenJ.-ir min F. Butler, Roderick R. Butler, Cake, Cliurchill, William T. Clark, Sidney Clarke, Amasa Cobb, Coburn, Conger, Cook, Covode, Oowles, CuUom, Darrail, Davi^, Dawes, Degener;, Dickey, i)onley, Duval, Ela, Farns- worth, Fer-iJiss, Ferry, Fiiikelnburg, Fisher, Fitch, Garfield, Gilfillan, Hamiilton,^ Harris, 'na\vle.v, Hefliii, Mill, Hoar, Hooper, Ingersolt, Jenokes, Jqdd, Kelley, Kelsey, Ketcham, Knapp, Lallin, Lash, Lawrfence, Lo- gan, Loughridge, Maynard, McCarthy, .McGrew, Mc- Kenzie, Mercur, Jesse H. Moore, William Moore, Morr phis, Daniel J.,Morrell, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peek, Peters, Phelps, Piatt, Poland, Porter, Prosser, Roots, Sargent, Sawyer, Schenck, Shanks; Lionel A. Sbieldon, Porter Shcldnn, John A. Smith, William J. Smith, vVorthiDgton C. ■ Smith, William Smyth, Starltweather, Stevens, Steven son, Stokes, Stoughton, Strickland, Tafie, Tanner,, Tay 618 POLITICAL MANUAL. lor, Tillman, Townsend, Twiohell, Tyner, Upson, Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, Wil- liam B. Washburn, Welker, Wheeler, Whitmore, Wiili- inson, Willard, Williams, John T.Wilson, Witcher— 132. Nays — Itlessrs. Axteit, Barnum, Beck^ Bennett, Biggs^ Bird, Booker, James Brooks, Burr, CoXlcin, Conner, Cox, Oreh&, Dickinson. Fox, Getz, Ch-ixwold, Haight, day. Hoi- man, Johnson, Thomas L. Jones, Kerr, Knott, Lewis, Mar- shall^ Mayham, McCormiek, McNeely, MUnes, Morgan, Mun- gen, Niblack, Potter, MandaU, Reeves, Rice, Rogers, JScim- mo/cer, Sherrod, Slocum, Joseph S. Smith, Stiles, Stone, Swann, Sweeney, Trimble, Van Auken, Van Trump, Eugene M. Wilson, Winchester, Wood, Woodward — 53. Previous Votes. 1870, June 13 — Mr. Davis introduced the bill, as finally passed, with the exception of the last three sections, which, under a suspension of the rules, was passed — ^yeas 130, nays 47, as follow : Yeas — Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Bailey, Bank.s, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M. Brooks, Buck, Buck- ley, BufEnton, Burohard, Burdett, Benjamin F. Butler, Roderick R. Butler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cullom, Davis, Dawes, Dickey, Dixon, Dockery, Donley, Duval, Ela, Famsworth, Fer- riss. Ferry, Finkelnburg, Fisher, Fitch, Garfield, Gil- flllan. Hale, Hamilton, Harris, Hawley, Hay, Heflin, Hill, Hoar, Hooper, Hotehkiss, Ingersoll, Alexander H. Jones, Thrnias L. Jones, Judd, Julian, Kelley, Kel- logg, Kelsey, Ketcham, Knapp, Lafiin, Lash, Law- rence, Logan, Ma3mard_, McCarthy, MeCrary, McGrew, MeKee,'Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Newsham, O'Neill, Orth, Packard, Paine, Palm- er, Peck, Perce, Phelps, Piatt, Poland, Pomeroy, Porter, Boots, Sanford, Sargent, Sawyer, Lionel A. Sheldon, John A. Smith, William Smvth, Stevenson, Stokes, Stoughton, Strickland, Taffe, Tanner, Tillman, Twich- ell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Wheeler, Whitmore, Wilkinson. Willard, Winans, Witcher— 130. l^AYS — Messrs- Adams, Axtell, Berk, James Brooks- Burr, Calkin, Cmner, Cox, Crebs, Box, Etdridge, Fox, Getz, Gib- son, Griswold, HamilX, Salman, Johnson, Kerr, Knott, Lewis, Marshall, Mayliam, McCormiek, McNeely, Milnes, Morgan, Mungen, Niblack, Randall, Beetles, Bice, Ridgway, Sherrod, Shober, Joseph S- Smith, Strader, Swann, Sweeney, Trimble, Van Auken, Van Trump, WeUs, Eugene M, Wilsan, Win- chester, Wood, Woodwawl — 47. In Senate. 1870, June 18 — Mr. Conkling, from the Com- mittee on the Judiciary, reported a bill with the recommendation that it be substituted for the House bill. It provided that all j urisdiction over naturalization should be in the Unitpd States courts ; that the applicant must have re- sided in the United States four years and six months, and in the State one year prior to the application ; that every certificate of naturaliza- tion issued since July 4, 1868, in any city of over 100,000 inhabitants, shall not be evidence of naturalization unless presented to the United States court, and by it approved; that the minor children of naturalized persons shall be citizens of the United States on attaining their majority ; that in all cities of upward of 20,000 inhabit- ants the court shall select two persons from each precinct to act as judges of election and registra- tion, and the marshal shall also appoint as many deputies as he shall deem necessary to keep the peace ; provided for the punishment of the false and fraudulent issuing or using certificates of naturalization, or the disturbance of the court while sitting to grant certificates of naturaliza- tion. July 2 — Mr. Sumner moved to amend the proposed substitute by adding the following new section. Seo. — . That all acts of Congress relating to naturalization be, and the same are hereby, amended by striking out the word "white" { wherever it occurs, so that in naturalization I there shall be no distinction of race or color. Which was disagreed to — ^yeas 22, nays 23, as follow: Yeas— Messrs. Anthony, Carpenter, Fowler, Hamlin, Harris, Kellogg, Lewis, Mc Donald, Morrill of Vermont, Pomeroy, Pratt, Ramsey, Revels, Rice, Robertson, Ross, Sawyer, Sohurz, Scott, Sprague, Sumner, Trum- bull— 22. Nats- Messrs. Bayard, Boreman, Casserly, Corbet!, Cragin, Davis, Drake, Edmunds, Gilbert, Harlan, Howe, Howell, Johnston, McOreery, Morton, Stewart, Stockton, Thurman, Tipton, Vickers, Warner, Williams, Wilson— 23. The substitute of the committee was then dis" agreed to — ^yeas 17, nays 33, as follow; Yeas — Messrs. Anthony, Carpenter, Conkling, Cragin, Edmunds, Fenton, Hamlin, Morrill of Vermont. Pat- terson. Pameroy, Eice, Sawyer, Scott, Stewart, Sum- ner, Trumbull. Wilson 17. Nats — Messrs. Bayard, lioreman, Casserly, Chandler, Corbett, Davis, Drake, Gilbert, Harlan, Harris, Howe, Howell, Johnston, Kellogg, Lewis, McCreery, McDonald Morton, Pratt, Ramsey, Revels, Robertson, Ross, Shurz, Sprague, Stockton, Thayer, Thurman, Tipton, Vickers, Warner, Willey, Williams- 33. The question then recurring on the House bill, the Senate being in committee of the whole, Mr. Conkling moved to amend by the addition of the following sections, which were the last two sec- tions of the committee's substitute : Seo. — . That in any city having upward of twenty thousand inhabitants it shall be the duty of the judge of the circuit court of the United States for the circuit wherein said city shall be, upon the application of two citizens, to appoint in writing for each election district or voting pre- cinct in said city, and to change or renew said appointment as occasion may require, from time to time, two citizens resident of^ the district or precinct, one from each political party , who, when so designated, shall be, and are hereby, author- ized to attend at all times and places fixed for the registration of voters, who being registered would be entitled to vot^ for representative in Congress, and at all times and places for holding elections of representatives in Congress, and for counting the votes cast at said elections, and to challenge any name proposed to be registered and any vote offered, and to be present and wit- ness throughout the counting of all votes, and to remain where the ballot-boxes are kept at all times after the polls are open until the votes are finally counted ; and saia persons and either of them shall have the right to aflSx their signature or hia signature tb said register for purposes of identification, and to attach thereto, or to the certificate of the number of votes cast, and state- ment touching the truth or fairness thereof which they or he may ask to attach ; and any one who shall prevent any person so designated from do- ing any of the acts authorized as aforesaid, or who shall hinder or molest any such person in doing any of the said acts, or shall aid or abet in preventing, hindering, or molesting any such per- son in respect of any such acts, shall be guilty of a misdemeanor, and. on conviction shall be pun- ished by imprisonment not less than one year. Seo. — That in any city having upward of twenty thousand 'inhabitants, it shall be lawful for the marshal of the United States for the dia- MISCELLANEOUS. 619 trict ■wherein said city shall be to appoint as many special deputies aa may be necessary to preserve order at any election at which repre- sentatives in Congress are to be chosen ; and said deputies are hereby authorized to preserve order_ at such elections, and to arrest for any offense or' breach of the peace committed in their view. Which was agreed to — ^yeas 37, nays 9, es follow : Yeas — Messrs. Anthony, Carpenter, Chandler, Conk- ling, Corbett, Cragin, Drake, Edmunds, Fenton, Gil- bert, Hamlin , Harris, Howe, Howell, Kellogg, Lewis, McDonald. Morrill of Vermont, Morton, Patterson, Pomeroy, Pratt, Ramsey, Bice, Robertson, Sawyer, Scott, Sprazue, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 37. Nats — Messrs. Sayard, Boreman, Caseerly, Dam's, Johnston, McOreery, Stocktorij Thurman, Vickers — 9. Mr. Sumner moved to amend by adding the following section : Sec— -That all acts of Congress relating to naturalization be, and the same are hereby, amended by striking out the word "white" wherever it occurs; so that in naturalization there shall be no distinction of race or color. Which was agreed to — ^yeas 27, nays 22, as follow ; Teas— Messrs. Anthony, Carpenter, Conkling. Fen- ton, Fowler, Gilbert, Hamlin, Harris, Howe, Kellogg, Lewis. McDonald, Morrill of Vermont, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Boss, Saw- yer, Senurz, Scott, Sprague, Sumner, Thayer, Trum- bull— 27. N.4TS — Messrs. Saya/rd, Boreman, Casserly, Corbett, Cragin, 2>av2«, Drake, Edmunds, Harlan, Howell, John- ston, McOreery, Morton, Stewart, Stockton, Thurman, Tipton, Ticleert, Warner, Willey, Williams, Wilson— 22. July 4 — Mr. Williams moved to add to the bill the following : Provided, That nothing in this act shall be construed to authorize the naturalization of per- sons born in the Chinese empire. Mr. Hamlin moved to reconsider the vote by which Mr. Sumner's amendment was adopted!; which was agreed to — ^yeas 27, nays 14, as fol- low: Yeas— Messrs. Bayard, Boreman, Chandler, Conk- ling, Corbett, Cragin, Davii. Drake, Edmunds, Hamil- ton of Maryland, Hamlin, Harlan, McCreery, Morton, Hye, Ramsey, Savlsbury, Scott, Stewart, StochUm, Thur- man, Tipton, Vickeri, Warner, Willey, Williams, Wil- son— 27. . „ „ Nats— Messrs. Brownlow, Fenton, Harris, Kellogg, McDonald, Morrill of Maine, Pomeroy, Revels, Rob- ertson, Ross, Spencer, Sprague, Sumner, Trum- bull— 14. Mr. Howe moved to amend Mr. Sumner's amendment by adding as follows : Provided, 'That nothing in this or any other act of Congress shall be so construed as to au- thorize the naturalization of any person born in a pagan country, unless with his oath of alle- giance the applicant shall take and file an oath abjuring his belief in all forms of paganism. Which was disagreed to. Mr. Sumner's amendment was then disagreed to — ^yeas 14, nays 30' as follow :- Yeas— Messrs. Fenton, Fowler, Harris, Howe, Mo- Donald, Morrill of Vermont, Pomeroy, Rice, Robertson, Ross, Spencer, Sprague, Sumner, Trumbull— 14. Nats — Messrs. Bajiard, Boreman, Chandler, Conklmg, Corbett, Cragin, Davis, Drake, Edmunds, Gilbert, fliiTn- ilton of Maryland, Hamlin, Harlan, McCreery, Morton, Nye, Osborn, Ramsey, Saulsbury, Scott, Stewart, Stock- ton. Thayer, Thurman, Tipton, Yiekers, Warner, Willey, Williams, Wilson— 30. Mr. Warner moved to add the following sec- tion: Seo. — . That the naturalization laws are here- by extended to aliens of African nativity and to persons of African descent. Which was agreed to — yeas 21, nays 20, as follow: . Yeas — Messrs. Chandler, Drake, Gilbert. Harris, Kel- logg, McDonald, Morton, Osborn, Pomeroy, Kice, Rob- ertson, Ross, Scott, Spencer, Sprague, Sumner, Thayer, Tipton, Trumbull, Warner, Willey— 21. Nats — Messrs. Bayard, Boreman, Conkling, Corbett, Cragin, Davis, Edmunds. HamiUxm of Maryland, Ham lin, Howe, JfcOrfiery, Nye, Ramsey, (Sliuiswir]/, Stewart, Stockton, Thurman, Vickers, Williams, Wilson — 20. The bill was then reported to the Senate, and the question being taken on Mr. Warner's amend- ment, it was agreed to — ^yeas 20, nays 17, as fol- low: Yeas- Messrs; Chandler, Drake, Fenton, Harlan, Mc- Donald, Morrill of Vermont, Morton, Osborn, Pomeroy, Rice, Robertson, Scott, Spencer, Sprague, Sumner, Thayer, Tipton, Trumbull, Warner, willey— 20. Nats — Messrs. Bayard, Boreman, Corbett, Cragin, Ed- munds, HamiUon of Maryland, Howe, McOreery, Nye, Ramsey, Saulslmry, Stewart, Stijckton, Thwrman, Vickers, Williams, Wilson— 17. Mr. Sumner again moved the following amend- ment: Sec. — . That all acts of Congress relating to naturalization be, and the same are hereby, amended by striking out the word "white " wher- ever it occurs; so that in naturalization there shall be no distinction of race or color. Which was disagreed to — ^yeas 12, nays 26, as foUow : Yeas — Messrs. Fenton, Fowler, Howe, McDonald, Morrill of Vermont, Osborn, Pomeroy, Bice, Robert- son, Sprague, Sumner, Trumbull— 12. Nats — Messrs. Bayard, Boreman, Chandler, Conk- ling, Corbett, Cragm, Drake, Hamilton of Maryland, Hamlin, Harlan, McOreery, Morton, Nye, Ramsey, Saulsbury, Scott, Stewart, Stockton, Thayer, Thurman, Tipton, Vickers, Warner, Willey, Williams, Wilson— 26. Mr. Trumbull moved to amend the amendment of Mr. Warner, which was adopted, by adding thereto the words "or persons born in the Chi- nese empire; which was disagreed to — ^yeas 9, nays 31, as follow; Yeas — Messrs. Fenton, Fowler, McDonald, Pomeroy, Rice, Robertson, Sprague, Sumner, Trumbull— 9. Nats — Messrs. Bayard, Boreman, Chandler, Conk- ling, Corbett, Cragin, Drake, Gilbert, Hamilton of Ma- ryland, Hamlin,' Harlan, Howe, McOreery, Morrill of Vermont, Morton, Nye, Osborn, Ramsey, SavMywry Sawyer, Scott, Stewart, Stockton, Thayer, Thurman Tipton, Viekers, Warner, Willey, Williams, Wilson— SlJ The bill as amended was then passed, and the Senate amendments were agreed to as above. The Cuban Question. Ik HonsB or Eepbesentatives. 1870, June 14 — Mr. Banks, from the Commit- tee on Foreign Affairs, submitted the following : Joint resolution in relation to the contest be- tween the people of Cuba and the Government of Spain. Betohed, &c.. That the President of the United States be, and hereby is, authorized aid instructed to declare and maintain a strictly impartial neu- trality on the part of the Government of the United States in the contest now existing be- tween the people of Cuba and the Government of the kingdom of Spain. Sec. 2. That all provisions of the statute ap- 620 POLITICAL MANUAL. proved 20th of April, 1818, entitled " An act in addition to the act for the punishment of certain crimes against the United States, and to repeal the acts Jherein mentioned," shall he construed to apply equally to each of the parties in the ex- isting contest between the people of Cuba andthe Government of Spain. Sec. 3. That the President is- hereby author- ized and requested to remonstrate against the barbarous manuer in which. the. war in Cuba, has been conducted, and, if he shall deem it expe- dient, to solicit the co-operation of other govern- ments in such measures as he may deem, neces- sary to secure from both contending parties- an observance of the- laws of war recognized by all civilized nations-. The minority of the committee submitted' as a- substitute the following: A joint resolution making, it a, misdemeanor to fit out or equip ships of war, with intent that they shall be employed in the service of any European prince or State for the, purpose of subduing American colonists claiming inde- pendence, and. providing for tie forfeiture of such ship or vessel. Be it resolved, die. That if any person shall, within the limits of the United States, fit out, arm, or equip, or attempt to fit out, arm, or equip, or procure to be fitted out, armed, or equipped, or shall knowingly ba concerned in the fitting out, arming, or equipping, of anyship or vessel, with intent that such ship or vessel shall be employed in- the service of any European prince', or State, for the purpose' of subduing American, colonists claiming independence, or shall, issue or deliver a commission within the territory of the United States for any ship or vessel, with the intent that she may be employed as aforesaid, every person so offending shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding $5,000, and be imprisoned for a period not exceeding two years nor less than six months ; and every such ship or vessel, with her tackle, apparel, and furniture, together with all materiails,~arms, ammunition, and storea, which may have, been procured for the building and equipment thereof, shall be forfeited, one- half to the use of the informer and. thcf other, half to the United States. Sec. 2. That in every case where a ship or ves- sel shall be fitted out, armed, or equipped, or attempted to be fitted out, armedi, or equipped, contrary to the provisions of this joint resolution, it shall be lawful for the President of the United States, or such person as he shall have empow- ered for that purpose, to employ the laul or naval forces or the militia of the United States, or any jjart thereof, for the purpose of taking possession S and detaining any such ship or vessel. Seo, 3. That the provisions of the act approved April, 20, 1818, entitled "An act in addition to the 'act for the punishment of certain crimes against the. United Sta^tes,' and to. repeal the acts therein mentioned," sJaull be held to apply and be in force, a? to all attempts of American colo- nies, or parts thereof, to assert their independence ; and the words "colonies, distiiots, or peoples" in Bach act shall bo held to apply to and include all Bucn American colonists claiming independence, as described in the 1st section of this j oint resolution. The previous question naving,been ordered, it was by unanimous consent agreed that the fol- lowing day should be devoted to debate, and the? main question should be considered as having been ordered- On the following day — June 1& — after debate, Mr. Bingham moved to reconsider, the vote by which the main question was ordered— Mr. Eldridge moved that the motion lie on the table; which latter motion was disagreed to — ^yeas 82, nays 94, as follow : YsiS^Messrs. Adams, Arclur, Arnell, Axtdl, Bailey, Banks, Beatty, Beck, Bird. Booker, Bowen, Boyd, James Brooks, Burr, Calkin, Sidney Clarke, CleveUaui, Clinton L. Cobb, Cbnner, Cox, Crebs, Degener, Uox, Eldridge^ Ferrias, Fitch, Fox, GeU, Grmoold, Baigld, RanibUtdn, HamUl, Hamilton, Hawkins, Hay, Bolman, Hotehkiss, IngersoUjJoAKSore, Julian, JSttott, Xewis, Logan, ilarshm, Uwyham, McKemie, McNedy, Milnes, Morphis, Mmrrissey, Mungm, Newsham, Niblaeic, Paine, Porter, Fotter, Bau- dall, Beeues, Bice, Roots, Sanford, Schumaker, Shanks, Porter Sheldon, ■ Sherrod, Shober, Joseph S. Smith, Stiles, Strader, Swarm, Sweeney, 1 aylpr, JHmile, Van Auken, 'Van Horn, ran ZV«mp,Van Wyek.TTeKs, 'WilkinBon, W%icAes- ter,Woad, Woodward — 82. NAT8.r-Messrp. Allison, Ambler, Ames, Armstrong, Asper, Atwood, Beaman, Bennett, Benton, Bingtanj; Blair, ©eorge M. Brooks, Buckley, Bufflnfon, Burefi- ard, BUrdett, Benjamjn.E- Butler, Eodetiok B. Butler, Cessna, Churchill, Amasa Cobb, Coburn, Cook, Congej; Dawes, Diokey, Dgeliery, Donley, Duval, Dyer, Eila, Farnsworth, Ferry, Einkelnburg, Fisher, Garfiejd, Halei Harris, Hawjey, Hays, Heflin, Hoar, Hopperj Judd, Kelley, Kellogg, Kelsey, Keteham, Kqapp, Laflin, Lawrence, Maynard, JfcCormiek, MoCrary, Mor Grew, MoEee, Mero'ur, Eliakim H,. Moore, Josse H. Moore, William Moore, Daniel J; Morrell, Orth, Pack- ard, Packer, Palmer, Peek, Perce, Phelps, Piatt, Po- land, Pomeroy, Sawyer, Sohenok.John A. Smith, WiJ-- liaro Smyth, Starkweather, Stoughton, Stvicklanfl, Strong, Tatf'e, Tanner, Tillman, Twiohell, Tyner, Upt son, 'Ward, Cadwakider C. Washburn, 'William B. Wash- burn, Walker, Wheeler, Willard, John T. Wilson, Wi- nans, Witcher — 94. The motion to reconsider was then agreed to— yeas 88, nays 70. j June 16 — Mr. Lo^an moved to amend the 2d- I section of the, majority resolution by striking out the words "shall be construed to apply equally ' to each of the parties in the existing contest be- j tween the people of Cuba and the Government I of Spain," and inserting in lieu thereof the fol- j lowing : " Shall be so construed as to give to both I contending parties the same advantages of inter- i course and trade with thft United States, consist- ent with the law of nations, which have been or may he accorded to the Governm,ent of Spain " Which was disagreed, to— -yeas 77, cays 101,, as follow: Ym?— Messrs. Adams, Archer, Axt^, Ayer, Banks, Boatty, Beck, Bird, Booker^ Boyd, James Brooks, Burr, Calkin, William T. Clarli:, Sidney Clarke, Cleveland, Clin- ton h. Cobb, Cbnner, Cos!, Degener, Dickinson, Box, Eld- ridge, Ferriss, Fitoh, Fox, Geiz, Gibson, Oriswotd, Haiglit,, ffambleton, Hamill, Hamilton, Hay, Holman, IngersoU, Johnson, Julian, Knott, Lash, Lewis, Logan, Marshall' Mayham, McKenzie, MoNnely, Milnes, Morgan, Morphis, Mnrrissey, Mungen, Newsham, Niblack, Prosser, Baniittll, Beeves, Bice, Roots, Schumaker, Lionel A. Sheldon, Slier' rod, Shober, Joseph S.Smith,Sliles, StokCs, Strader, Swann, Sweeney, Van Hovn, Van iVMmji,Ward,W!Jis,Whitmore, Eugene m. Wilson, Winchester. Wood, Woodmard—IT. NAYa— Messrs. Allison, Ambler, Ames, Arnell, Asper, Atwood, Bailey, Beaman, Benjamin, Bennett, Benton, Bingham, Blair, Georjje M. Brooks5,Buokl,ey, Bufflnton, Burohatd, Bordett, Benjamin F. Butler, Roderick R. Butler, Coke, Cessna, Churchill, Am3iSa. Cobb, Cook, Conger, Cowles, Dawes, Dickey, Dixon, Ooekery, Don- ley, Duval, Dyer, Farnsworth, Ferry, Finkelnburs, Fisher, Garfield, GilflUan, Hale, Harris, Hawkins, Hill, Hoar, Hooper, Hotohkiss, Judd, Kelley, Kollogg, KeU sey, Keteham, Knapp, Laflin, Lawrence, Maynard, Mc- Carthy, MoCrary, MoGrew, Merour, Eliakim 11. Moore, William Moore, Daniel J. Morrell, Nedey, O'Neill, Orth, Packard, Packer, Paine, Perce, Phelps, Piatt, Poland, MISCELLANEOUS. 621 Pomeroy, Sogers, Sargent, Sawyer, Sohenok, Soofield, Shanks, Porter Sheldon, John A. Smith, William Smyth, Starkweather, Stoughton, Strickland, Strong, Taffe, Taylor, Townsend, Twiohell, Tyner, Upson, Cadwalar der C. Washba™, William B. Washburn, "Welker, Wil- lard, John T. Wilson, Winans, Witeher— 101. Mr. Bingham moved to substitute for the mi- nority resolutions the following: That the President is hereby authorized to re- monstrate against the barbarous manner in which the war in Cuba has been conducted, and, if he shall deem it expedient, to solicit the co-opera- tion of other governments in such measures as he may deem necessary to secure from both con- tending parties an observance of the laws of war recognized by all civilized nations. _ Which was agreed to — yeas 100, nays 17, on a division. The minority resolution, as amended by Mr. Bingham — being simply Mr. Bingham's proposi- tion — was then substituted for that of the ma- jority-7jeaa 101, nays 88, as follow: , .^srs. Allison, Ambler; Ames, Armstrong, Asper, Awood, Beaman, Benjamm, Benton, Bingham, George M. BrooJts, Buckley; Bufflnton, Burchard, Rod. erick K. Butler, <;ake, Cessna, Churchill, William T. Clark, Coburn, Cook, Conger, Covode, Cowles, Dawes, Diofcey, Dixon, Dockery, Donley. Duval. Dyer, Ela, Farnsworth, Ferr.v, Fisher, Garfield, Hale, Harris, Hawkins, Heflin, Hill, Hoar, Hoopen Hotchkiss, Judd, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Lailin, Law- rence, Maynard, McCarthy, McCrary, Mq&rew, Merour, Eliakim'H.' Moore, Jesse H. Moore. William Moore, Daniel J. Morrell, Negley, O'Neill, Orth.Packind, Pack- er, Palmer, Perce, Phelps, Piatt, Poland. P Jease H'.Tkloorei William Moore, Myers, Negley; O'Neill, Orth,- Packard, Paine, Paltner, Peck, Perce, Peters, Phelps, Poland, Porter, Prosster, 'Eoots, Saiiford,' Sargent, 'Sawyer, Scofield, Shanks, Lionel A. :Sheldon,''Porte.r Sheldon, John A. Smith, William J. Smith. Worthington C. Smith. Wil- liam Smyth, Starkweather, Stevens, Stevenson,' Stokes, Stoughton, Strick-fand,"' Strong,' Tanner, Taylor, Till- man, Townsend, Twiohell,' Tyner, Upson, Van Wyck, Wallace, Ward, Cadwalader C. Washburn, William :B. Washburn, Welker, Wheeler, Whitmore, Willard,- Wil- liams, John T. Wilson, 'Winahs— 130. mn-TB—iMessTS.' 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CI a 3 i( fe s s g t-3 s g s s 8 f a a g g Q o O o Ig g lO o lO ^■ % I-( M eo ^^ fit I goo 00 ^ 628 POLIIIOAIi MANUAL. •a (0 PS CI O 60 O CD I OOSOI:- O OO 9 H C M a S eo ^' dCQ tn r-ICOiH ^OS OS r-C lO C> OH3 •* M Ot-< teats : :cooo : -3 c9 a OS at w ui STATISTICAL TABLES. 629 3 ss S _u 0)1-1 64 s {: s 00 n" i i o iK^ N ofoq" 9 S e o I d 5 OB n o H pa n n P4 H O g ^ s g I 11 CO oo lOQO M C4CCrH 3 ■ssg S fto. to to n S o o ■§ n a :a gag >,o.SP. .a a 23gSf -OSes >a S& 5 g PI -^ g ffl S "> .g 3 oB s SI .a n o a o o o ,13 -tf §B en a 9 A +=•.3 E a ►- jd ® dOOooO I •2.S ^ ■ts'-e 2 o o ii CO n m CO <1> CO 830 POLITICAL MANUAL. o i 01) •-i t3 1^ rH* tH •S Hi e 3 ■d &i CQ {« a a, I a a Kl hi 1^. 152 98 ,543 97 ,962 21 ,690 09 ,406 34 S ill 1 i 1 1 i e 5 fi ftCQ «e |11 1-5^ B S § K S CO i-i O (» S B 1 1 § S8 ^■^•s g S" i-t 3 1, s e^ a>.° mS : 13 3« £ s S S ^ g pi 1 1 "- 2- t i" 1 00 ' 00 a^ ^ >-i i'3^ s s g S 8 9 g " fl s HI PI « o i-l QO i 1 1 B" 5 1 t-H"pl <» •Ti r3 t3 'd 'CJ "S i 1 § i . s § i g i 1 fH iH rH iH iH 1-4 : • P4 -*3 cj ta 3 3 ii -S i '^ § ^ g -? g ^ i ^ §*' • 5 1-5 , l-» >? i-j Ks i-» : s s a s a a a i o o boo o : 5 a * il a 4) .£3 : 3 m 03 oD m -IS EO I 07 J) III 1 i If 1 ^ >> 'P» >» -^ >> : s s S' g 8 8 ! ® . ,2 • 1 5 1 5 1 .2 5 . : 1 1 i S 1^ & P. P< |i< ^ i -i 8 8 8 8 8 8 8 i 1 1 1 S O 1 i 11 < i i f-T 1 I ^ *i -ti -e -»5 -^ ■ .9 . a n n f3 : rZ-*^ m ffl O O oD, re- ply of, and his rejoinder, 62-56. X, PtlTER " " ' Dox, PtTER M., Eepresentative in 41st Congress, 008. Drake, Charles D., Senator in 40th Conjjre.'-s, 182, 347, 383; in 41st, 407, 607 ; motion respecting IMr Stan- ton's removal, 263; amendment to Arkan as bill, 337; motions as to XVth amendment, 401, 404; amendmentto Virginia bill, 575; motion on appor- tionment bill, 684; on Georgia bill, 013. Driqgs, John Fi, Eepresentative in 39th Congress, 106; in 40th, 183, 318. 381. DuMONT, Bbenezer, Eepresentative in 39th Congress, 108. DuRANT, Thomas J., appointed governor of Louisiana and declined, 323. Duties upon Merchandise in French Ships, President Grant's proclamation respecting, 421. Duval, Isaac H., Eepresentativain list Congress, 408, 608. * Dyer, David P., Eepresentative in 41.st Congress, 406, 608. K Eokley, Ephbaim E., Eepresentative in 39th Congress, 108 ; in 10th, 183, 318, 381. • Edmunds, George F., Senator in 39th Congres.«i, note, 107; in 10th, 182 347, 383; in 41st, 107, 507; resolu- tion on removal of -Mr. Stanton, 262; on confirm- ing General Schofield, 261 ; resolution as to Georgia electoral vote_, 393; proviso to Virginia admission bill, 575; motion as to apportionment, 581; income tax, 608; gross receipts, 608 ; Georgia bill, 614. Edwards, William P., Eepresentative in 40th Congress, 818, 381. Egglbston, Benjamin, Eepresentative in aoth Congress, 108 ; in loth, 182, 348, 384. Eight-hour Law, resolutions of political convention on, 178, 179. Eight-hour Wages, President Grant's proclamation on, 421. Ela, Jacob H., Eepreseutative in loth Congress, 182, 317, 383 ; in 41si, 407, 507 ; motion on Northern Pa- cific railroad bill, 571. Eldridge, Charles A., Representative in 39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 608 ; motion on Cuban resolution, 620, Elections, of 1860,.372; of 1864, 872; of 1866, 120; of 1867, 269 ; of 1866 and 1867, 372 : of 1868, 499 ; of 1869, 508. Elective Franchise, resolution concerning, in the States, 110; in District of Columbia, 114-116, 161r- -160; in Territories, 116, 117, 184; in the insurrec- tionary States, 192 ; President Lincoln upon, note, 21; President Johnson upon, 19, 20, 21, 49, 52-66, 164-159; proposed female and intelligence suf- frage, 184; XVth amendment, 399-406, 545. Electoral College of 1860 and 1864 and vote in, 372; of 1868, 499; act respecting counting votes in, 378, veto of, by President Johnson tad votes on repass- age, 379. Electoral Vote of 1868, concurrent resolution respect- ing the, and proceedings under, 393-396. Eliot, THOMAS D., Eepresentative in 39th Congress, 108 ; in 40th, 182, 347, 383 ; bill to repeal power to pardon by proclamation, 183. Elliott, James T., Eepresentative in 40th Congress, 384. Emory, General W. H., assigned to department of Wash- ington, 424. Enforcement Act, text of and action upon, 546-550. Epperson, Benjamin H., claimant to seat as Eepresent- ative in 39th Congress, 182. EtiUAL Eights in District of Columbia, bill for further security of, 361, 396. EftUAL Taxation, resolutions of political conventions on, 219, 261, 263, 304, 367, 178. Evabts, William M., of counsel of Andrew Johnson, 271; Attorney General, 383; as to military aid to United States marshals, 422, 423. Evidence of Colored Persons before military courts, 426. EwiNG, Thomas, Jr., proposed resolution of, at soldiers and sailors' convention, 369 ; vote for nomination for President, 371. 636 INDEX. ExcHAKOE OP PsieoiiEBS, General Grant's testimony upon, 296. ExpiMMTUEES AKD Reoeuts SINCE 1860, tables showing, 37S-377. Express CoNTUAors to pay Coin, decision on, 443-^8. PAKauHAB, JoHH H., Representative in 39th Congress, 108. Fabhswoeth, John P., Representative in 39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 508; report on inipeachment, 26G ; motion respecting Fl orida, .^41 ; reports Virginia bill, 673; motion on Georgia bill, 616. Faeeow, Jajkes, claimant to seat as Representative in 39th Congress, 108. ' Pemaxe Sdfpbage. proposition for, in Senate and House, and votes, 184; former, in New Jersey, moie, 258; proposition in Kansas and Wisconsin, 258 ; votes upon, 353 ; in Massachusetts, 500 ; proposed consti- tutional amendment to secure, 505. Fenian Intasios, President Grant's proclamation against, 544. Fenton, EEtraEN B., Senator in 41st Congress, 407, 507. Feeeiss, Change, Representative in 40th Congress, 182, 347, 383 ; in 4lRt, 407, 508 ; resolution as to validity of XlVth and XVth amendments, 683. Feeet, Oeeis S., Senator in 40th Congress, 182, 347, 383; in 4l8t, 407, 507 ; amendment to the Arkansas bUl, 340. Fbeky, Thomas \V., Representative in 39th Congrces, 108; in 40th, 183, 348, 384 ; in 40th, 408, 608. Fessenden, William Pitt, Senator in 39th Congress, 107 ; in 40th, 182, 347, 383 ; in 41st, 407 ; death ornate, 507 ; report from Committee on Reconstruction, 84-93. Field, Stephen J., Justice, opinion in test-oath cases, 220-228 ; vote for nomination for President, 371. Fields, William C, Representative in 40th Congress, 182, 348, 383. Fifteenth Amendment, congressional proceedings, 398- 406; resolution as to enfect,4]6; votes of States on, 488-498, 667-662; proclamation of ratification, 645, 646; bills to enforce, and votes thereon, 546-650; House vote on validity of, 683; resolutions of po- litical conventions on, 478, 479, 480, 481, 482, 483, 484, 435, 488. FiNA2fciAL Legislation on 6.20's, 10.40's, Geeenbacks, &c., 354, 586-596 ; MoNeely's resolution on, 596. FiHCK, William B., Representative in 39th Congress, 108. FiNKELNBimo, GusTAvrs A., Representative in 41st Con- gress, 408, 508. FiNNET, Daewin a., Representative in 40th Congress, 182,348; death of, note, 384. Fibst Natiokal Bank at Louisvilie vs. Kentdcsi, opin- ion of Supreme Court United States in case of, 631. Fish, Hamilton, Secretary of State, 406, 607 ; certificate ratification XVth amendment, 645, 646. FiSHEE, John, Representative in 4l8t Congress, 407, 508. Fitch, Thomas, Representative in 41st Congress, 408, 508. Five-twenty Bonds, act authorizing, 364. FLAifAGAN, James W., Senator in 41st Congress, 507. Flandebs, Benjamin F., appointed governor of Louis- iana, 323; resigned, 326. Florida, provisional governor appointed, 12 ; General Gillmore's order annulling acting Governor AUi? son's call of rebel legislature, 24; reconstruction steps in, 24, 25 ; Freedmen's code, 38-41 ; claimants in Congress, 107, 108 ; made part of third military district, 200; orders and action of the military therein, 204-206, 319-321 ; new constitution of, 328, 329 ; restoration to representation, 837, 341 ; vote of legislature on XlVth amendment, 363; Senators and Representatives from, 348; cessation of mili- tary rule, 422, 428 ; vote of legislature of 1866 on XlVth amendment, 194; ratifies XlVth amend- ment, 353,379, 428; vote on XVth amendment, 489; claimants in 89th Congress, 107 ; Senators and Rep- resentatives in 40th, 347, 383; in 41st, 407, 607; ap- portionment of currency in, 596 ; apportionment of representation under census of 1860, 686; ratifi- cation of constitution, 428; presidential vote In 1860, 372; in 1868, 499; registration and disfran- chisement in, 374; vote on constitutional conven- tion, 1374. Ppoo, Geoeoe G., Senator in 39th Congress, 181. Foot, Solomon, Senator in 89th Congress, 107; death of, note, 107. FoENEY, John W., Secretary of the Senate, 89th Con- gress, 107; in 40th, 182; resignation of, 847; allu- sions of President Johnson to, 61. Fobtieth CoNaREBS, members of, 182, 847, 383. FoBTY-FinsT CONOEESS, memBBrs of, 407, 408, 607. FosTEK, J. G., General, Grant's order to, on order 44, 308; report of, note. 309. Foster, Lafayette S., Senator in, and President of the Senate in 39th Congress, 107. Foster. Thomas J., claimant to seat as Representative in 30th Congress, 108. Fourteenth Constitutional Amendment, text of and votes on adopting, 102 ; votes of legislatures on ratifying, 191-194,362, 353; certificate of Mr. Sew- ard respecting. 379 ; concurrent resolution of Con- gress upon, 380; President Johnson's proposed sub- stitutes for, 258 ; form of ratification of, by certain of the insurrectionary States, 260, 379; Mr.Seward's final certificate, 417-419 ; opinions of Judges Chase and Underwood under, 457^Ct ; act enforcing XVth and, 546-660 ; House vote on validity of, 68 i ; reso- lutions of political conventions on, 123, 124, 240, 242, 243, 485, 488. FowiEB, Joseph S., Senator in 39th Congress, 107, 181 ; in 40th, 183, 347, 383 ; in 41st, 407, 607 ; motions on XVth amendment, 401, 406. Fox, John, Representative in 40th Congress, 182, 847, 383; in41sfc,407,60-i. Frederick Bronson vs. Peter Rodes, opinion of Supreme Court United States in case of, 443-448. Feeedmen's Bureau, President Johnson's veto of first, copy of, and votes on passing and repassing, 68-74; veto of second, copy'of, votes on passing and re- passing, 147-161 ; general operations of, to April, 1866, note, 13 ; number of rations issued by, to April 1, 1866, note, 09; bill to continue, 349; whole ex- penditures of, note, 349 ; additional bill, 378. Feeedmen's Codes in North Carolina, Mississippi, Geor- fia, Alabama, South Carolina, Florida, Virginia, ennessee, Texas, and Louisiana, 29-44. Peeeman, George C. claimant to seat as Representative in 39th Confess, 108 ; decease of, 182. Feelinghuys6n, Fbedeeicb T., Senator in 39th Congress, 181 ; in 40th, 182, 347, 383 ; bill to restore confiscated property, 187 ; motion respecting General Scho- field's confirmation, 264. Feenoh, John R., Representative in 40th Congress, 348, 384. Fuller, Thomas C, claimant to seat as Representative in 39th Congress, ipS. FuNDiNO Act of 1870, 597, (approved by President Grant.) Funding Bill, the, of 1868, 882, (" pocketed " by Presi- dent Johnson.) Garfield, James A., Representative in 39th Congress, 108 ; in 40th, 183, 348, 384; in 41st, 408, 608 ; resolu- tion condemning repudiation, 679; substitute for currency bill, 591 ; motion on, 696. Garland, Augustus H., claimant to seat as Senator in 40th Congress, 183; opinion of Supreme Court in case of, 226-234. Geneeai Amnesty, President Johnson's, 9, 344, 419; votes on, in House, 682, 683. Geoegia, General Gillmore's order annulling Governor Brown's call for a meeting of tHe rebel legisla- ture, 20; reconstruction steps in, 20, 21; action respecting rebel war debt, 21 ; laws on freedmen, 82, 83 ; vote of legislature of 1866 on XlVth amend- ment, 194 ; made part of third military district, 200 ; orders and action of the military therein, 204-206, 810-321 ; new constitution of, 330, 331; first act for restoring representation, 337 ; resolution on same subject, ,393 ; ratification of XlVth amend- ment, 260, 380, 428 ; counting electoral vote of. 393- 896; military government ends, 422, .128; military orders as to resignation of sheriffs, intimidating voters, carrying arms, armed assemblages, the test-oath, ratification of constitution, provisional governor, and stay law, 428; subsequent action of legislature of, and Grant's recommendation con- cerning, 633 ; judicial decisions as to negroes hold- ing oflJoe and intermarriage of whites and blacks, 466-476; votes on XVth amendment, 489, 490, 657 ; final reconstruction and restoration of, 609-616; claimants in 39th Congress, 107, 182; in 40th, 1st session, 348; Senators and Representatives in 40th, 8d session, 383; in 41st, 407, 607 ; apportionment of currency in, 696 ; apportionment of representation under census of 1860, 586 ; Presidential vote in 1860, 872; in 1868,499; registration and disfranchise- ment in, votes on calling constitutional conven- tion and ratifying constitution, 374. Getz, J. Laweenob, Representative in 40th Congress. 182, 848, 884 ; in 41st, 407, 808. ugresa, Gibson, JamesJS., Representative in 4lBt Congress 608 GiLBEBT, Abuah, Senator in 4l8t Congress, 407, 507, INDEX. 637 ^"'^J^.'S"-'"^ ^•' Kepresentatlve in 4l9t Congress, OiLLEM General A. C, assigned to fourth military dis- b'lot, 346,422;. relieved, 424. QiLUUflKE, Majou Geseeal, order revoking Sovernor Brown's call for meeting of rebel legislature, 20 ; order annullmg Governor Maograth's proclama- tions, 22; annulling cttU for rebel legislature of Florida, 24. ° Gmssbeenseb, Adam J., Representative in 39th Con- gress, 108 ; in 40th, 182, 848, 384. GoLiABAT, Jacob 9., Representative in 40th Congress, 348, 3S4;ii»4a9t, 408; resignation of, note, 608; •GooBiTEAB, Chaeies, Representative in 39th Congress, GoEHAM, Geoese CjS/Bcretary of the Senate, 40th Con- gress, 347, 407, 6W) .',,' Goss, James H., Representative in 46th Congress, 348, 384. Gove, Sakuel P., Representative in 40th Congress, 848, 384. / Geahah, WiiLiAM A., claimant to seat in 39th Congress, Gbaht, Ulysses S., General, Lettees op, to Secretary Stanton and President Johnson on taking the War Office ad interim, 281, 262; to and from President Johnson respecting his retirement from the War Office, 282-293; on removal of Sheridan and Stan- ton, 306-^08 ; to Hon. E. B. Washburne on slavery and reconstruction, 204; to Hon. I. N. Morris on being a candidate for office, 296; on results of "j)eace on any terms," and filling the armies, 295 ; on protecting colored soldiers, 296; on going to Mexico, 296; on Baltimore troubles of 1866, 297; on martial law in Texas, 298 ; on order 44, 308 ; to Generals Poster, Sheridan, Pope, Meade, Ord, and Governor Throckmorton, respecting reconstruc- tion matters, 308-314; Secretary of War ad intermix 347 ; accepting nomination for President, 865. Gbani, Ulysses 8., General, Oedees ot, for protection of loyal persons, 122; for suppression of disloyal newspapers, 123, and revocation of the same, 199 ; assigning commanders to military districts, 200 ; disallowing State and local elections in Alabama, 204; respecting return of slaves from camps, 293; use of colored persons in the army, 293 ; organiza- tion of negro regiments, 294; establishment and control of camps for freedmen, 294; orders and telegrams respecting reconstruction, 308-314; on reappointing removed ci\^il officers in the rebel States, 814; telegram to General Buchanan, 325; orders redistricting southern States, 422; military aid to civil authorities, 423, 424; sentences of mili- tary commissions, &c., 424; assigns Canby to and relieve.? Reynolds from fifth military-district, 424. Gbani, Ulysses S., General, Repoets of, on condition of insurrectionary States, 67, 68 ; terms of Lee's sur- render, 120, 121; and views upon, 299; law fixing headquarters of, 178 ; testimony on exchange of prisoners, 296; testimony on reconstruction, 298- 306; testimony on Baltimore troubles, 305, 306 ; on applications of Lee and others, for benefit of am- nesty, 301-305; report of, as Secretary of War ad interim, 814-316. GsAVT, Ulysses S., Lieutenant General, resolutions upon, 123, 365. GaAMT, Ulysses S., President, declared President of the United States, 395 ; cabinet of, 406, 407 ; inaugural address, 416, 417.; reconstruction message, 417; proclamation for Virginia election, 420,421; as to duties on merchandise, 421 ; eight-hour wages, 421 ; for Mississippi election, 505; for Texas election, 605, 506 ; majority for President United States, 499 ; first annual message, 633-640; special messages on commerce, 540, 641 ; urging ratification of San Domingo treaty, 641, 642; Cuban affairs, 542-644; proclamation against Fenian invasion, 644; an- nouncing ratification of XVth amendment, 645; message on European war and American shipping, 616. Gbabt, Ulysses S., President, resolutions concerning, 478, 481, 482, 483, 484, 485, 487. Gbants, Land, from 1827 to 1870, 563-672, 626. Gkavely, .Toseph J., Representative in 40th Congress, 183, 348, 384. GusEifBACKS, law of 1864 limiting amount of, 355 1 other legislation on, 586-696; MoNeely's resolution on, 596; Morgan's proposition respecting, 593. Gbeene, Geoeoe W.. Representative in 41st Congress, 407 ; unseated, note, 508. Geidee, Heney, Representative in 39th Congress, 108 ; death of, 182. Gbieb, Robert C, Justice, dissenting opinion as to status of Texas, 464, 456, 523 » Qbippin, Cxsab, judicial opinions on case of, 457-166. GniPPiK, Charles, General, order for the preservation of peace, 207; jury order of, 323; order respecting, 344. Geikkb, James W., Senator in 39th Congress, 107 ; in 40th, 182, 347, 883; in 41st, 407; resignation of, note, 607. Geinhell, Joslah B., Representative in 30th Congress, 108. Gkiswold, John A., Representative in 39th Congress, 108; in 40th, 182, 347, 383. Gbiswold, John A., Representative in 41st Congress, 407, 608; funding motion of, 603. Geoesbeok, William S., of counsel of Andrew Johnson, 271. Gboveb, Asa P., Representative in 40th Congress, 348, 384. GirrHEiE, Jameb, Senator in 39th Congress, 107 ; in 40th, 182 ; resignation of, note, 347. Habeas Cohpds, annulling suspension of, in certain States, 15; resolution on, 122; bill respecting, 116: opinions of Supreme Court on, 210-220; President ■ Johnson's action on application for, by counsel of Mrs. Surratt, 260; Hahn, Michael, elSimant to' seat in 39th Congress, 107; President Liiyjoln's letter to, on colored suffrage, note, 20. " ' i . , Haioht, Chaeles, Representative in 40th Congress, 182, 348, 384 ; in 41st, 407, 608. »,. - Haldeman, RioHAHD J., Representative in 4Ist Con- gress, 407, 608. ' • , Hale, EuoeSe, Representative in 41st Congress, 407, 607. Hale, Robeet S., Representative in 39th Cifagrfess, 108 ;. , amendment to sufiVage bill, 114. Hallece, GSneral H. W., to military division of the South, 424. Halpinp, Chables G., President Johnson's interview with, 141-148. Halsey, Gedege a.. Representative in 40th Congress, 182,848,384. Hambleton, James P., claimant to seat as Representa- tive in 89th Congress, 182. Hambleton, Samuel, Representative in 41st Congress, 407, 60B. Hamill, Pateiok, Representative in 41st Congress, 407, 503. Hamilton, Andeew J., appointed provisional governor of Texas, 28 ; resolutions reported by, at Southern Loyalists' Convention, 241. Hamilton, Chaeles M.-, Representative in 40th Con- gress, 348, 884; in 41st, 408, 608. Hamilton, Coenelius S., Representative in 40th Con- gress, 183 ; death of, note, 348. Hamilton, Moeoan C, Senator itf 41st Congress, 607. Hamit/eon, William T., Senator in 41st Congress, 407, 507 ; motion to tax interest on public debt, 607. Hahilin, Hannibal, Senator in 41st Congress, 407, 507; motion on enforcing bill, 555; on funding, 600; on Georgia bill, 613 ; naturalization bill, 019. Hancock, Winfield S., assigned to department of the Cumberland, 306 ) Assigned to the 6th district, 308, 345; orders and action as such, 324, 326; relieved and assigned to command. of military division of the Atlantic, 346 ; vote for" nomination for Presi- dent, 871 ; to department of Dakota, 424. Hanes, Lewis, claimant to seat as Re'presentative in 89th Congress, 108. Haedino, Aaeon, Representative in 89th Congress, 108. Haedino, Abneb C, Representative in 39th Congress, 108; in 40th, 183, 348, 384. Haelan, James, Secretary of the Interior, 107 ; resig- nation of, 181; Senator in 40th Congress, 182, 347, S33 ; in 41st, 407. 507 ; motion on Northern Pacific' railroad bill, 667. Hakeis, Benjamin G., Representative in 39th Congress, 108. Haebis, Geoege B., Representative in 41st Congress, 608. Haebis, Iea, Senator in 39th Congress, 107. Haebis, John S., Senator in 40th Congress, 3=^3, in 41st, 407. 607. Haebison, James T., claimant to seat as Representative in 39th Congress, 103. Haet, Roswell, Representative in 39th Congress, l68. Haeteanft, Brevet Major General, President Johnson's assignment of, to attend upon a military commis- sion, 7. Haughey, Thomas, Representative in 40th Congress, 34'i, 384. Hawkins, Isaac R., Representative in 39th Congress, 108, 162; in 40th, 34S, 384; in 41st, 408, 608-. Hawisy, John B., Representative in 41st Congress, 403, INDEX. 60S; motion on Northern Pacific railroad bill, 688; HB to income tax, 605. Sat, John B., Representative in 41st Congress, 408, 60S: Hats, Chaxles, Eepresentaiive in 41st Congress, 608. Hats, Edtheepoed B., Bepresentative in 89th Congress, 108; in 40th, 182; resignation of, note, 348. ExATOH, David, Representative in 40th Congress, 848, 884; in 41st, 407, death of, note, 608. HErLiN, BoBEET S., Representative in 41st Congress, 608. HuNDEBSOH, James ,H. D., Representative in 39th Con- gress, 10^; resolution on treason, 109. Hendebson, Johx B., Senator in 89th Congress, 107; , in 40th, 182, 347 383; motions as to public credit bill, 396, 397; as to XVth amendment, 401; motion respecting General Sohofield's confirmation, 264; amendment to Arkansas bill, 339; motion propos- ing thanks to Chief Justice Chase, 360. Hekdeicks, Thomas a., Senator in S9th Congress, 107; in 40th, 1S2, 347, 383; call for National Union Con- vention, 119; amendment to Arkansas bill, 339; vote for nomination lor President, 871; substitnte for resolution condemning President Johnson's repu- diation proposition, 391 ; motion on XVth amend- ment, 406. Henbdioks, William, reports Wabash and Erie canal bill, 663. Hepbtten vs. Geiswold, opinion of Supreme Court Uni- ted States in case of, 611-523. Bebbebt, C, claimant to seat as Representative in 39th Congress, 182. Heeold, David B., President Johnson's order for the execution of sentence upon, 7; order respecting reward for, 198. HiOBT, WiLUAH, Bepresentative in 39th Congress, 108; in 40th, 348, 384. » Hill, John, Bepresentative in 40th Congress, 182, 848, 384; in4lBt,407, 608. Hill, Ralph, Representative in 39th Congress, 108; resolution on testroath, 110. Hinds, James, Representative in 40th Congress, 348. HiSE, Elijah, Bepresentative in 39th Congress, 182. HoAO, Tevman H., Representative in 4lBt Congress, 408 ; death of, note, 608. HOAE, B. RooKwooD, Attorney General, 407; opinion on jurisdiction of military commissions, 475-478 ; re- signation of, note, 507. , HoAE, Geoege F., Representative in 41st Congress, 407, 508. HooAN, John, Representative in 39th Congress, 108. HoGE, Daniel H., claimant to seat as Representative in 39th Congress, 108. Hose, Solomon L., Representative in 41st Congress, 407, 608. HoLDEN, William W., appointed provisional governor of North Carolina, 11; President Johnson's tele- gram to, respecting rebel debt, 19 ; defeated for governor at election, 19 ; call of, for meeting of , legislature of North Carolina, 319. HOLMAN, William S., Representative in 40th Congress, 183, 318,384; in 41st, 408, 608; motion to table im- peachment resolutions, 190 ; resolution as to land- grant policy, 672 ; funding motions, 602, 603; as to mxation of bonds, 606. Holmes, Sidnet T., Bepresentative in, 39tb Congress, 108. Homestead Aot, bill extending, 116, 186. Hoopeb, IBamuel, Representative in 39th Congress, 108; in 40th, 182, 347, 383; in 41st, 407, 608. Hopkins, Benjamin P., Representative in 40th Con- gress, 183, 348, 384; in 41st, 408 ; death of, note, 608. HOTCHKiss, Giles W., Representative in 39th Congress, 108; in 41st, 407, 608. HoTOBKiss, JcLiDS, Representative in 40th Congress, 347, 383. Houston, Geoege S., claimant to seat in 39th Congress, 107; in 40th, 183. Howaed, Jacob M., Senator in 39th Congress, 107 ; in 40th, 182, 847, 383 : in 41st, 407, 607 ; resolution as to Georgia electoral vote, 394; motion as to and upon XVth amendment, 401 404, 406 : on public credit bill, 413; motion on enforcing bill, 666; on fund- ing bill, 600. Howaed, General 0. 0., orders of, 12, 13 ; to department of Louisiana, 425, Howe, Timotft O., Senator in 39th Congress, 107; in 40th, 182, 347, 888; in 41st, 407, 607; motion on cur- rency bill, 591 ; on naturalization, 619 ; motions on funding, 601. Howell, James B., Senator in 4l8t Congress, note, 607; proviso on Northern Pacific railroad bill, 668. Hubbaed, Asahel W., Representative in 39th Congress, 108; in 40th, 183, 348, 384. HnsBABD, Csesieb D., Bepresentative in SOth CongTe■^ 108; in 40th, 182, 348, 384. Hubbaed, Demas, Jr., Representative in 39th Congress, 108. Hubbaed, John H., Representative in 39th Congress, 108. Hubbaed, Bichabd T>., Representative in 40th Congress, 347, 383. HuBBELL, Edwin N., Representative in 39th Congress, 108. HuBBELL, James B., Representative in 39tb Congress, 108. Hulbdbd, Calvin T., Representative in 39th Congress, 108 ; in 40th, 182, 347, 383. HuMPHEET, James, Bepresentative in 39th Congress, death of, note, 108. HuMPHBET, James M., Representative in 39th Congress, 108; in40th, 182, 34y,883. HUMPHEETS, Benjamin G., inaugurated governor of Mis- sissippi, message of, 20; proclamation of, 322; re- moval of, 323. Hunt, Eandall, claimant to seat in 89th Congress, 107. Huktee, John W., Bepresentative in 39th Congress, 182. HuNTEE, Moeton C, Representative in 40th Congress, 183, 348, 384. Illinois, vote on XlVth amendment, 194; vote on XVth amendment, 490; new constitution of, 621 ; Senators and Representatives in 3'9th Congress, 107; in 40th, 182, 347, 384; in 41st, 407, 507; appor- tionmept of currency in, 696 ; vote on land grant to Illinois Central railroaid in 1850, 663; a}>portion- ment of representation under census of 1860, 685; Presidential vo te in 1860 and 1864, 3T2 ; in 1368, 499. Impaetial Suffeage, votes in Wisconsin, Ohio, and New York, 258 ; vote of Connecticut, 120 ; (see Coi- OEED SUITEAGE.) luPEACHHENT op Peesident JeENSON, proposcd action of Congress, 187-190 ; subsequent votes and articles, answer, and judgment of the Senate, 264-282. INAUGUEAL Addeess of President Grant, 416, 417. Income Tax, votes on repeal, 606-608 ; amount received from, 626. Induna, vote on XlVth amendment, 194; vote on XVth amendment, 490, 491 ; Republican platform for 1870, 622; Democratic, 623; Senators and Rep- resentatives in SOth Congress, 107, 182 ; in 40tn, 347, 383 ; in 41st, 407, 607 ; apportionment gt cur- rency in, 696; apportionment of representation under census of 1860, 685 ; Presidential vote in 1860 and 1864, 372; in 1868, 499. Inqebsoll, Ebon C, Representative in 39th Congress, 108; in4uth, 183, 348,384; in 41st, 408, 508 ; substi- tute for currency bill, 593, 694; introduces curren- cy bill, 596; funding motions, 602, 603, 604. Insdeeeotionaey States, proclamations concerning, 7, 9, 11, 13-17, 194; reconstruction steps in, 18-28 ; laws on freedmen, 29-44; President Johnson's message concerning, 64-67, 166-172, 178-180; General Grant's report, 67. 68 ; votes in Congress upon, note, 72, 183, 184 ; reports, propositions, and laws, 102-106, 162, 166-172j 178-180, 335-337, 893, 572-579, 609-616; dis- franchisement in, 374 ; claimants for seats in Con- gress, 107, 108, 181-183 ; Senators and Representa- tives claiming from, 347, 348. iNTEBMABEiAQE OP WHITES AND Blaces in Georgia, de- cision respecting, 474, 476. Ihteenal Revenue Statistics in 1869 and 1870, 626 ; es- timated annual reduction in revenue from since July, 1866, and by act of 1870, 626. Inteenal Tax and 'Taeiit, votes on, 606-609 ; statistics of, 6^6. Iowa, Republican and Democratic platforms, 479, 480; vote on XlVth amendment, 363; vote on XVth amendment, 658 ; Senators and Representatives in SOth Congress, 107; in 40th, 182, 347,383; in 41st, 407, 507; apportionment of currency In, 696; ap- portionment of representation under census of 1860, 685; Presidential vote in 1860 and 1864, 372; in 1868, 499. Jenokes, Thomas A„ Representative in 89th Congress, 108 ; in 40th, 847, 883; in 41st, 407, 608. Jenkins, Chaeleb J., Governor, threatened removal of, 811 ; actual removal, 820. Johnson, Andbew, inauguration of, 44; cabinet of, 107, 181, 347, 383. = > . . Johnson, Andeew, Intebviews and Speeches to citizens of Indiana, Mr47 ; Nashville speech of June 9, 1861, «o«e, 46, 47 J to Virginia refugees, 47, 48; with George I>x/fiX, 639 L. steams, 48, 49 ; to colored soldiers, October 10, "86,49-51; with Senator- Dixon, 61, 62j with col- ored delegation respecting suffrage and reply of, 82-65; witli committee of the Virginia legislature, 66-68; speech of Februarys 18li6, 68-68; speech to colored people of District of Columbia, 63; on reoeivmg proceedings of Philadelphia convention,. 1^7-129; in New York. 129-134; in Cleveland, 134^ 138; in St. Louis, 136-141 ; with Charles G. Halpine, J»HNSON, Andeew, Lcttees OF, to Secretary Stanton re- questmg his resignation, 261 ; appointing General U.S. Grant Secretary of War ad interim. 261; ap- pointing Lorenzo Thomas Secretary ofWaradira- terim, au6; correspondence with General Grant on his retiring from the War Office, 282-293. JOHNSON, .4NDKEW, Messaoes 01', fitst annual. 64-66 ; sec- ond annual, 143-L47; last annual, 384-391; special, on the condition of the' insurrectionary States, 66, 67 ; veto of first freedmen's bureau bill, 68-72 ; of second, 147-149: veto of civil rights bill, 74-78; veto of first Colorado bill, 81,82; ot second, 160- 163; on proposed constitutional amendment, 83; on restoring Tennessee to her relations to the Union, 15 -154; veto of the District of Colunjbia suffrage bill, 164-169; veto of the Nebraska bill, 164,165; veto of the military reconstruction bill, 166-172 ; veto of the civil-tenure bill, 173-176 ; ac- companying the approval of an army appropria- tion bill, 178; veto of the supplemental recon- struction bill, 178-180; message accompanying the approval of a reconstruction appropriation bill, 181; message announcing to the Senate the re- moval of Mr. Stanton, 262 ; veto of electoral college bill, 378,379; "pocketing" bill for equal rights m District of Columbia, 395, and public credit bill, 397, and funding bill, 382. JOBNSOM, Andeew, Okdebs and Pkoolamations or, 7-18, 194-208; on commercial intercourse and blockade, 7, 9, 13; for trial and punishment of Abraham Lin- coln's assassins, 7 ; refusal of habeas corpus for Mrs. Surcatt, 260 ; for arrest of Jefferson Davis, Clement 0. Clay, -and others, 7; and withdrawal of, note. 198; for release of Clement C. Clay, note. 8; recognizing Governor Pierpoint's administration in Virginia, 8; respecting rebel cruisers receiving hospitality in foreign ports, 9; of amnesty, 9, lu; appointing provisional governors in North Carolina. Missis- sippi, Georgia, Texas, Alabama, South Carolina, and Florida, 11, 12; respecting freedmen, 12, 13; for return of property to pardoned persons, 13; re- specting the State of Tennessee, 13, 14; passports for paroled prisoners, 14; paroling certain State prisoners, 14; withdrawing martial law irom Ken- tucky, 15 ; annulling the suspension of the habeas corpus, 15; announcing that the rebellion had ended in certain States named, 15, 16; that civil authority .exists thnughout the whole of the United States, 194-196 ; President Johnson's inter- pretation thereof, note, 17 ; in relation to appoints ments to ofiBce, 17; in relation to trials by military courts and commissions, 17 ; forbidding the inva- sion of Canada by the Fenians, 17, 18: respecting merchant vessels in certain ports of Japan, 196, 197; respecting Maximilian's decree of July 9, 1866, 196; respecting suspension of tonnage and impost duties of Hawaiian vessels, 197 ; declaring Nebraska a State in the Union, 198 ; withdrawing reward for John H. Surratt and others, 193; con- cerning release of convicts, 198, 199 ; assigning commanders to military districts, 199, 200, 306-308, 344-346; order suspending Secretary Stanton, 261; order removing Secretary Stanton. 265 ; order ap- pointing General Lorenzo Thohias adinteri?n, 266; order to General Grant respecting orders issued bjrSecretary Stanton, 284; orders respecting Bal- timore troubles in 1866, 297; orders respecting Sheridan, Thomas, Hancock, 306-308; pr^plima- tion enjoining obedience to the Constitution aud the laws, 342; extending full pardon to certain persons engaged in the rebellion,'342, 343; of gen- eral amnesty, 344; order respecting transaction of public business, 344; correcting an error of date in pravious proclamation, 344; order establishing a.new military division, 346 : proclamation respect- ing the ratification of XlVth amendment by Flor- ida and North Carolina, 379 ; by other insurrec- tionary States, 260 ; general amnesty proclamation, 419. . Johnson, Andrew, proposed impeachment of, 187-190 ; subsequent votes, articles, answer, and judgment of the Senate, 264-282.- Johnson, Andrew, Teleqkams of, to Provisional Gover- nors Holden and Johnson on repudiating rebel debt of. North Carolina and Georgia, 19, 20, 21 ; to Provisional Governor Sharkey on colored suffrage, 19, 20; to Provisional Governor Perry on ratifying anti-slavery amendment, Ac, 22, 23, 24 ; to Provis- ional Governor Marvin on ratifying anti-slavery amendment, 25 ; to Governor Brownlow on enforc- ing election laws, 199 ; to Governor Murphy, of Arkansas, 28 ; to Provisional Governor Throckmor- ton, of Texas, 199; to Montgomery Blair, 190; to ex-Govcrnor Parsons, of Alabama, on Alabama's withdrawal of ratification of XlVth amendment, note, 8.52. Johnson, Andrew, resolutions of political conventions on policy of, 123,, 241, 245, 248, 249, 304, 365, 368. Johnson, Andrew, thanks of House to, 113 ; sundry res- olutions on. 111, 112, 187-190, 864, 368. Johnson, Andrew, validating certain proclamations and acts of. 185; proposed substitute of, for XlVth amendment, .258. Johnson, Hehsohel V., claimant to seat in 39th Congress, 107. Johnson, James, appointed provisional governor of Georgia, 12. 20; telegrams from and to, on recon- struction, 20, 21. Johnson, .Tames A., Representative in 40th Congress, 348, 384; in 41st, 408, 608; motion as to effect of XVth amendment, 414. Johnson, J.ames M., claimant to seat as Representative in 39th Congress, 108. Johnson, Philip, Representative in 39th Congress, 108; death of, 182. • Johnson, Reverdy, Senator in 39th Congress, 107; in 40th, 182, .347 ; report of minority of committee on reconstruction, 93-101. Johnston, John W., Senator in 41st Congress, 507. Johnston, Joseph E., General, agreement with General Sherman, 121, 122; Sherman's lel?ter on, 504, 505. Joint Reconstruction Committee, reports of, 84-101; va- rious propositions of, 101-106. ' Jones, Alexander H., claimant to seat as Representar tive in 39th Congress, 108; Representative in 40t.h, 348, 384; in 41st, 407, 508; introduces apportionment bill, 683. Jones, John, reply of, to President Johnson, 56. Jones; John T., claimant to seat as Senator in 40th Con- gress. 183. Jones. Morgan, Representative in 39th Congress, 108. Jones, Thomas h.. Representative in 40th Congress, 348, 384; in 41st, 408, 508. JuDD, Norman B., Representative in 40th Congress, 183, 348,384; in 41st., 408, 608; motion on apportionment, 585; on currency, 594; on funding, 003. Judicial Opinions on habeas corpus, 210-220; on test- oath, 220, 239 ; on military reconstruction bill, 239, 240; on right of a State to tax passengers passing through it, 434r-437; on State taxation of United States certificates of indebtedness, 437-439; oa State taxation of United States notes, 439-440; clause making United States notes a legal tender for debts has no reference to State taxes, 440-443; express contracts to pay coined dollars can only be satisfied by the payment of coined dollars, 44.3- 447; dissenting opinion, 447-448; on the status of the State of Texas, 448-454; dissenting opinion, 454-4.56; the McCardle case, 456, 457; opinions in the Cgesar Griffin case, 457-466; can a negro hold office in Georgia, 406-474; intermarriage of white and colored persons in Georgia, 474,476; on the validity of contracts in confederate money, 509- 511 ; on the constitutionality of legal-tender clause as relates to contracts matle prior to its adoption, 511-523; on the right of the United States Govern- ment to tax State banks, 52.3-530; on the right of the State governments to tax national banks; 530- 532. Judiciary Committee, report on proposed impeachment, 188, 189. Julian, Geoeoe W., Representative in 39th Cpngress, 108; in 40th, 183, 348,384; in 41st, 408, 608; home- stead bills of, 116, 186; on committee to prepare articles qf impeachment, 266. Jurisdiction or .Military Commissions, letter on, 475- 478. K Kansas, votes on proposed constitutional amendments, 354; vote on XlVth amendment, 194; vote on XVth amendment, 491; Senators and Representatives in 39th Congress, 107, 181 ; in 40th, 182, 347, 383 ; in 41st, 407, ,507; apportionment.of currency in, 696; appor- tionment of representation under census of 1860, 685; presidential vote in 1864, 372; in 1868, 499. Kagson, John A., Representative in 39th Congress, 10» 640 INDEX. KxLLET, WilUah D., Representative in 39th Congress, 108; in 40th, 182, 348, 384; In 41st, 407, 603; suffrage bill of, 114. Kellooo, Franoib W., Representative in 40th Congress, 348.384. EsLLoaa, Stephen VI,, Representative in 41st Congress, 407, 508. Eeluoo, Wiluah P., Senator in 40th C(>ngress, 38ii; in 41st, 407, 507; motion on currency bill, 589. Eelset, Wilham H., Representative in 40th Congress, 182, 348, 383; in 41st, 407, 608; motion on tariff; 581; on apportionment bill, 584. Kelso, JoBN R., Representative in 39th Congress, 108; resolutions on impeachment, 187, 188. Kennedy, John D., claimant to seat as Representative in 39th Congress, 108. ' KsNTncKT, withdrawal of martial law, 15; resolutions of 1798, 26!lr-256; vote on XlVth amendment, 194; vote on XVth amendment, 491, 492; Senators and Representatives in 30th I ongress, 107, 182; in 40th, 182,347,383; in 41st, 407, 507; apportionment of cur- rency in, 596; apportionment of representation under census of 1860, 685; presidential vote in 1860 and 1864, 372; in 1868, 499. Kebb, Michael 0., Representative in SOth Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 508. Ketcham, John H., Representative in 39th Congress, 108; in 40th, 182, 347, 383; in 41st, 407, 508. Sjbkwood, Samuel J., Senator in 39th Congress, note, 107. Kitchen, Bethcel M., Representative in 40th Congress, 183, 348, 384. Knapp, Chables, Representative in 41st Congress, 407, 608. Knott, J. Pbootoe, Representative in 40th Congress, 348, 384; in 41,st, 408, 608. KooNTz, William H., Representative in 39th Congress, note, 108; In 40th, 182, 348, 384. KuYKENDALL, Andbew J., Representative in 39th Con- gress, 108. Kyle, Geoboe H., claimant to seat as Representative in 39th Congress, 108. Laflin, Addison H., Representative in 39th Congress, 108; in 40th, 182, 348, 383; in 41st Congress, 407, 608. Land Subsidies, facts on, 56S-672, 626. .^jands, table showing grants of, 625. Lane, Jajies H.. Senator in 39th Congress, 107, 181. Lane, Henky S., Senator in 39th Congress, 107. Lakgdon, Chaeles C, claimant to seat as Representa- tive in ,39th Congrfesa, 108. Lash, Iseael G., Representative in 40th Congress, 348, 384; in 41st, 407, o08. Latkabi, Geoboe R., Representative in 39th Congress, 108. Lawkence, Geobqe v.. Representative in 39th Congress, 108; in 40th, 1S2, 348, 384. . Laweenoe, William, Representative in 39th Congress, 108; in 40th, 182, 348,384; in 4lst, 408, 508; motion on Northern Pacific railroad bill, 671 ; on Georgia bill, 615. Lawyebs, on test-oath required of, opinions of Supreme Court United States, 226-234; opinion of Supreme Court of District of Columbia, 234-238; vote of House on, 211. Le Blond, Peanois C, Representative in 39th Congress, 108 ; motion on disbanding militia of certain States, 178. Lee, K. E., terms of surrender, 120, 121; application of, for benefit of amnesty proclamation, and action thereon, 3055 General Grant on, 301-306. Leptwich, John W., Representative in 39th Congress, 108, 182. Legal-tendek Clause, as it relates to prior contracts, opinions of Supreme Court United States on, 511- 623. Legal Tendees, act authorizing the, 345. Leqislatuees, votes on XlVth constitutional amend- ment, 194, 353; on XVth, 488-498, 557-662. Lewis, John P., Senator in 41st Congress, 607. Lewis, Joseph H., Representative in 41st Congress, note, 508. Lincoln, Abeaham, orders for trial and punishment of assassins of, 7; letter to Governor Hahn on col- ored suffrage, note, 20; telegram to General Weit- zel, 26 ; withdrawal of reward for alleged assassins of, 198; refusal of habeas corpus to assassins of, 260; vote for, in 1864, 372; resolutions on, 117, 118, 304. Lincoln, William S., Representative in 40th Congress, 182,348,383. ^, ^ Lists or Conoeessmen and Claimants, 89th Congress, 107, 181; 40th Cbngress, 847, 383; 41st Congrep.i, 407, 607. Loan, Benjamin P., Representative in 39th Congreps, .« 108; in 40th, 183, 348, 384; resolution on impeach- '» ment, 187, 188. Logan, John A., Representative in 40th Congress, 183, 348, 384; In 41st, 408, 608; on committee to prepare articles of impeachment, 260; manager of impeach- . ment, 271: motion on XVth amendment, 406; on Cuban resolution, 620. LoNGYEAE, John W., Representative in 39th Congress, 108; resolutions of, 111-113. LoUQHEiDOE, William, liepresentative in 40th Congresa; 183, 348, 384; in 41st, 407, 508 ; resolution on increa» ing'the currency, 680. Louisiana, J. M. Wells elected governor, 28; pardon of Mayor Monroe, 28, 29; legislation on freedmen, 43, 44; new constitution oC329, 3.30; restoration to representation, 337; vote of legislature of 1867 on ' XlVth amendment, 194; ratifies XlVth amend- ment. 200, 429; military rule ceases, 422,429; vote , on XVth amendment, 492; claimants in 39th Con- gress, 107; in 40th, 183, 348; Senators and Repre- sentatives in 40th Congress, 383; in 41st, 407, 607; apportionment of currency in, 696 ; vote on count- ing electoral vote of 1868, 394: apportionment of representation under census of 1860, 535; presiden- tial vote in 1860, .372; in 1868, 499; registration in, votes on constitutional convention and ratifying bonstitution, 374. Lynch, .John, Representative in 39th Congress, 108; in 40th, 182, 347,383; in 41st, 407, 507; substitute for currency bill, 594. Magbath, a. G., call of, for meeting of rebel legislature of South Carolina, 22; General Gillmore's order annulling, 22. Maoeudeb, ALEXANDER, letter of Attorney General Evarts to, 422. Maoeudeb, Allen B., opinion of supreme court of Dis- 1 trict of Columbia m case of, 234-238. Maine, vote on XlVth amendment, 194; on XVth amendment, 492; Senators and Representatives in ' 39th Congress, 107; in 40th, 182, 347,383; in 41st, 407, 507; apportionment of currency in, 596; apportion- ment of representation under census of 1860, 585; presidential vote in 1860 and 1864, 372; in 1868, 499; State election in 1866 and 1867, S72. Malloby, Rums, Representative in 40th Congress, 183, 348, 384. Manhood Suftbaoe, see Ihpaetial Suffeagb and CoL- OEED SUPPRAGE. Manley, Mathias a., claimant to seat as Senator in 40th Congress, 183. Mann, James, Representative in 40th Congress, 348. Manning, John L., claimant to seat as Senator in 39tb Congress, 107; resignation of, 182. Mabquette, Thomas M., Representative in 39th Con- gress, 182. Mabeiaoe, Intee-, in Geoegia, decision respecting, 474. Maeshall, Samuel H., Representative in 39th Congreas, 108; in 40th, 183, 348, 384; in 41st, 408,608; resolu- tions on tariff, 681, 682; on apportionment. 685; on funding bill, 602. Maeston, HiLHAN, Representative in 39th Congress, 108. Maetial Law, General Grant on declaring, in Texas, 298; General Sheridan's report upon, note, 298. ' Maevin, James M., Representative in »9th Congress, 108 ; in 40th, 182, 348, 383. Maevin, William, appointed provisional governor :0f Florida, 12; telegrams to and from, respecting re", construction, 24, 25 ; claimant of seat as Senator in i 39th Congress. 107. .-s Maeyland, unconditional union platform, 124; legislai ture on XlVth amendment, 194; Republican platg form and calls of 1867, 245 ; memorial to Congress of Republican members of the legislature, iiotefj 246; sundry facts respecting, 259; new oonstitu-'j tion of, 326; vote on XlVth amendment, 194; oB ; XVth amendment, 668; Senators and Representa- tives in 39th Congress,107; in 40th, 182, 347, 383; il' 41st, 407, 607 ; apportionment of currency in, 696; apportionment of representation under census oi 1860, 586; presidential vote in 1800 and 1B64, 372; in 1868, 499 ; State elections in ISRS and 18G7, 372. Massaoitosetts, vote on XlVth amendment, 194; vote on XVth amendment, 402; Senators and Repre- sentatives in 39th Congress, 107; in 40th, 182, 347, 883; in 41st, 407, 507; apportionment of currencjl in, 696; proposed constitutional amendment to sej cure female suffrage, 506; apportionment of reptil sentation under census of 1860, 586; presidentiM vote in I860 and 1864, 872; in 1868, 499; State olef tions in 1866 and 1867, 372. INDEX. 641 Matthews, J. D., claimant to seat as Representative in 39lh Congress, 108. Mayham, STBpnEN L., Representative ita 41st Congress, 407,508; funding motion, 002. Maynaeb, Hokaoe, Representative in 39tli Congress, 108, 182; in 40th, 348, 384; in 4Ist, 408, 608; funding motion, eu4. McCiEDLE Case, tlie, 450, 457. ITcOaethy, Dennis, Representative in 40th Congress, 182, 348, 383; in 41st, 407, 608; motion to abolish income tax, COO. MoClelian, Geoege B., vote of, for President, in 1864, 372; vote of, for nomination for President In 1868, S71. MoCiDEO, Joseph W., Representative in 39th Congress, 108; in 40tll, 183, 348, note, 384. HcCoEuicK, Jaues R., Representative ih 40th Congress, note, 348, 384; in 41st, 408, 608. MoCat, Judge, decision and opinion In White vs. Geor- gia, 460-470. MoCeaey, Geoege W., Representative in 41st Congress, 408, 608. MoCeeeey. Thomas C, Senator in 40th Congress, note, 347, .383; in 41st, 407, 607. McCoLLocH, HnoH, Secretary of the Treasury, lOV, 181, 347, 383; letter of, on General Grant, 289. McCuLLOUGH, HiBAM, Representative in 39th Congress, 108; in 40th, 182, .348, 384. McDonald, Alexandee, Senator in 40th Congress, 347, 383; in 41st, 407. 607. MoDoDSALL, James A., Senator in 39th Congress, 107. McDowell, Ievin, General, order assigning to and re- lieving from command of fourth military district, 346; action of, 323. McGow AN, Samuel, claimant to seat as Representative in 39th Gpngress, 108. McGeew, Jiim: C, Representative in Ust Congress, 408,508. McIndoe, Waltxb D., Representative in 3gth Congress, 108. McEee, GEdEOE C, Representative ia 41st Congress, 608. MoKee, Samuel, Representative in 39th Congress, 108; In 40th, 348, 384. MgKenzie, Lewis, Representative in 41st Congress, 508, UoLeod, F., claimant to seat as Representative in 39th Congress, 108. MoNeely, Thompson W., Representative in 4lBt Con- gress, 408, 508; resolution ss to purchase of bonds, 680; as to issue of gi-eenbacks, 696. MoPhebson, Edwaed, clerk House of Representatives 39th Congress, 108; in 40th, 182, 347, 383; in 4l8t, 407, 507; telegrams concerning, 24. . . UbBvES, DoHALl) C, Representative In 39Ch Congress, 108. Meade, Geoege G., General, telegrams to and from Gen- eral Grant, 313. 314; removal of Governor Jenkins of Georgia, 320; telegram on test-oath, 320; order assigning, to third district, 346; to department of South, 422; to division of the Atlantic, 424j order as to Georgia sheriffs' resignations, intimidation of voters, carrying of arms, &c., test-oath, ratifica- tion Georgia and Florida constitutibns, appointing governors of Georgia and Alabama, stay law, rat- ification XlVth amendment, and withdrawal of military rule from Georgia, Alabama, aiid Florida, 428. Ueechandisb in Feench ships, duties on, 421. MEftODB, UiTSSES, Representative in 39th Congress, 108; in 40th, 182, 348, 384; in 41st, 407, 508. ^Message, President Johnson's annual, 64-66, 143-147, 384-391; President Grant's on reconstruction, 417; first annual, 633-540: on commerce, 540; San Do- mingo treaty, 641; Cuban affairs, 542-544; ratifica- tion of XVth amendment, 546; European war and American shipping, 616. Mexico, relations Sir united States and France to, 146, 147; General Grant and the proposed mission to, 296. Michigan, votes in, on constitutional amendments, 35S; vote on XlVth amendment, 194; on XVth amend- ment, 493, 494; election of 1869, 606; Senators and Representatives in 39th Congress, 107; in 40th, 182, 347,383; in 41st, 407, 507; apportionment of currency in, 696; apportionment of representation under cen- sus of 1860, 685; presidential vote in 1860 and 1864, 372; in 1868, 499. ^ .„ MiLiTABY, aid to United States marshals and sheriffs, 423,424; readjustment of districts, 422; orders on reconstruction, 30, 41, 122, 199, 306, 422; jurisdiction of commissions, 475-478. MiLiTAEY CouETS, effcot of peaoo proclamation upon, note, 17; order in relation to, 17. UiuiABY Division or the AIiamtic, order establishing, 346. MiLiTAET Eeconsteuction Act, 191, 192; supplements, 192, 193, 330-337, 408, 672, 609; orders thereunder, 190-208, 310-325, 346, 340. MILITIA Foeoib op Insueeectionaey States, actipn and orders respecting, 178, 201. MiLLEE, Geoege F., Representative in 39th Congress, 108; ln4l»h, 182,348, 384. MiLiEE, Samuel F., Justice, opinion in test-oath cases, 228-234; opinion of the United States Supreme Court on right of States to tax through passen- gers, 434, 437; dissenting opinion in Bronson vs. Rodes, 447, 448; dissenting opinion as to status of Texas, 450; dissentiiigoi-miou in Hepburn «s.Qri8- wold, 519-523; opinion of United States Supreme Court on the right of States to tax national banks, 630-532. MiLLisAN Case, opinion of Supreme Court United States, 210-220. MiLNEs, WiiLLiM, jr.. Representative in 4lBt Congress, 608. Minnesota, vote on proposed State amendment on suf- frage, 354; on Xlvth amendment, 104; on XVth amendment, 558; Senators and Representatives in 39th Congress, 107; in 40th, 182, 34'i 383; in 41st, 407, 507; apportionment of eurroncy in, 590; apportion- ment of reprOMentatiou under census of I860, 585; presidential vote in 1800 and 1864, 372; in 1868, 499. MiNOEiTY REPEESENTATiON.Vote 6n,393; provisloH in con- stitution of Illinois to secure, 622. Mississippi, rebel legislature forl^ddeu to assemble, 19; rebdnstruction steps in, 19, 20'; President Johnson's telegrani respecting colored suffrage in, 19, 20; laws on freedmen, 20-32; claimants in 39th Congress, 107, 108; made part of fourth military district, 200; orders and action of the military therein, 321-323; injunction ease in 18(i|r, 239; new constitution of, 334; vote on calling constitutional convention, 374; constitution lost, 428; test-oath promulgated, poll tax annulled, eoldred persons competent jurors, 429 ; Republican and Conservative platforms of 1869, 480-482; bill to authorize the re-submission of the constitution of, 40S; Grant's election proclamation under, 505; result at said election on constitution on the separately submitted portions 6,nd on Gov- ernor, 260; registration in, at first election, 374; at second, 260; vote of legislature of 1807 on XlVth amendment, 194; vote on XVth amendment, 558, 659; text of and votes on act to admit, 576, 577; re- stored to civil authority, 579 ; Senators and Repre- sentatives from, in 41st Congress, 507, 508; appor- tionment of chrrency in, 596; apportionment of representation ' under census of 1860, 585; presi- dential vote in 1860,'372:; in ISCSi 499. MiBBouEi, vote on XlVth amendment, 194; on XVth amendment, 494, 569; Senators and ^Represent^ tives in 39th Congress, 107; in 40th, 182. 347, 383; in 41st, 4Ci7, 607; ajiporlionment of currency in, 69B; apporlioiiihefit of represfelitation under census of 1860, 585 ; constitutional test-oath case, opinion of Sdprem'e Court on, 220-226; presidential vote in 1860 and 1864. 372; in 1868, 499. MoFPETT, John, Representative in ilBt Congress, un- seatm, note, 407. MooBE, ELiAEik H,, Representative in 41st Congress, 408, 508. MooEE, Jesse H., Representative in 41st Congress, 408, 508. MooBE, William, Representative In 40th Congress, 182, 348, 384; in 41st, 407, 608. MoobheaS, James K., Representative in 39th Congress, 108; in 40th, 182, 348, 384. MOBSAN, Edwin D., Senator in 39th Congress, 107; in 40th, 182, 347, 383. MoeGan, Geoege W., Representative in 40th Congress, 183; unseated, note, 348; Representative in 41st, 408, 508; substitute for currency bill, pi-oviding for re- peal of laws authorizing national Dank notes and substituting greenbaclvs, 693. MoEPiitfe, JbsEPHli., Represfeiitative in 41st Congress, 608. Moebell, Daniel J., Representative in 40th Congress, 182, 348, 384; in 41 St, 407, 608. MoBEiLL, Justin S., Representative in 39th Congress, 108; Senator in 4t)th, 182, 347, .383; in 41st, 407, 607. MoEEiLL, Lot M., Senator in 39th Congress, 107; in 40th, 182,347,383; in 41st, 507; amendments to suffrage bill, 115; motion on ciirrency bill, 691; on funding bill, 600. MoBEiLL, Samuel P., Itepresentative in 41st Congress, 407, 50Y. MoBBis, Daniel, Representative in 39th Congress, 108. MoBBis, IsAAO N., General Gi'ant's letter to, on being candidate for ofSce, 2jJS. MoBBissEY, John, Representative in 40th Congress, 182, 347, 383; ih 41st, 407, 508. 642 INDEX. MoETON, Ohtee p., Senator in 40th Congress, 182, 347, 383; in41sl, 407, 007; President Johnson's reply to address of, 44-47; motion as to tenure-of-offloe bill, 398; onXVth amendment, 402, 403, 404; as to Vir- ginia, Mississippi, and Texas bill, 410; on public credit bill, 413; on enforcing bill, 665; amendment to Virginia bill, 570; motions on currency, 588-590; on funding bill, COO, 601; on Georgia 'bill, 611, 612. MotiiTON, Samtiel W., Representative m 39th Congress, 108. MowEB, General Joseph A., assigned to department of Louisiana, 323, 425, Mttod, Samdel a.. President Johnson's order for the execution of sentence upon, 7. MiTLLiNS, James, Representative in 40th Congress, 348, 384; objects to electoral vote of Louisiana, 394. Mtjngen, Wihum, Eepresentative in 40th Congress, 183, 348, 384; in 41st, 408, 608; funding motion, 603. MuarHY, Isaac, Governor of Arlsansas, President John- son's telegram to. 28. Mtekb, Jaspee, Captain, appointed attorney general of Mississippi, 323. Mt£B8, Leonaed, Eepresentative in 39th Congress, 108; in 40th, 182, 348, 384; in 41st, 407, 508. National Banes, sundry^ propositions to restrict, as to circulation, rate of interest charged by, and inter- est on United States bonds held by, 580, 590, 694; Mr. Morgan's proposition for repeal of all acts au- thorizing the issue of national bank notes, 693. Nationai. Bank Notes, propositions relating to, 586-696. National Banking Ststeu, resolutions of political con- ventions on, 480, 483. National Debt, act to authorize the refunding of the, 597; statements, 600-5B2, 627-630; resolutions on, 123, 249, 252, 304, 480, 482. Natdealization Laws, act to amend and punish crimes against, 616. National Platpoems of 1852, 1856, 1860, and 18G4, .350-364 ; of 1868, 304-368; resolutions of 1798, 254. Nebraska, election in, on State government, &c., 120; veto of and votes upon bill to admit, 164-166; proc- lamation of President Johnson of admission of, 198; ratified XlVth amendment, 353; vote on XVth amendment, 569; Senators and Representatives in 40thCongress,182, 347, 383; in 41st, 407,607; appor- tionment of currency in, 696; apportionment of representation under census of 1860, 585 ; State vote in 1866, 372; presidential vote in 1868, 499. Neglei', James S., Representative in 41st Congress, 407, 608. NeOEO OFFICE-UOLDUfa IN GeOEGIAj 466-474. Nelson, Sauuel, Justice, dissenting opinion in Veazie Banli vs. Jeremiah Fenno, 528-630. Nelson, Thomas A. B., of counsel of Andrew Johnson, 271. Nzsuth, Jaues W., Senator in 3gth' Congress, 107; call for National Union Convention, 119. Nevada, vote on XlVth amendment, 194; on XVth amendment, 494; Senators and Representatives in 39th Congres.s, 107; in 40th, 182, 347, 383; in 41st, 407,507; apportionmentof currency in, 096; appor- tionment of representation under census of 1860, 585; presidential vote in 1864, 372; in 1868, 499. NxwcoMB, Cabman A., Representative in 40th Congress, 183, 348, 384. Nevell, William A., Representative in 39th Congress, 108. New Hampshibe, election in 1806, 120, 372j in 1807, 259, 372; in 1868,372; in 1869,500; vote on X:IVth amend- ment, 194; voteson XVth amendment, 494, 495, 659; Senators and Representatives in 39th Congress, 107, 181; in 40th, 182,847, 383; in 41st, 407,607; appor- Honment of currency in, 596; apportionment of representation under consul! of 1860, 585; presi- dential vote in 1860 and 1864, 372; In 1868, 499. New Jeesey, vote of legislature on ratifying XlVth amendment, 194; on withdrawing the ratification, 353; on XVth amendment, 495; on impartial suf- frage, 258; Senators and Representatives in S9th Congress, 107, 181; in4J)th,182,347, 383; in 41st,407, 607; apportionment of currency in, 696; apportion- ment of representation under census of 1860, 586; presidential vote in 1860 and 1864, 372; in 1808,499; State elections in 186G and 1867, 372. New Obleans Riots, President Johnson's allusions to, 137. ;Nzwbhah, Joseph P., Representative In 40th Congress, 348, 384; in 41st, 608. New YoEK, proposed new constitution of, 326; Repub- lican resolutions on impartial suffrage, 258; vote on XlVth amendment, lg4>; on XVth amendment, 495, 496; on vitbdnwing said ratification, 602; Sen- ators and RepresentRtives in 39th Congre.=s. lOT, 182; in 40th, 182, 347, 333; in 41st, 407, C07; apportion- ment of currency in, 696: apportionment of repre- sentation in, under census of 1800,683; presidential vote in 1860 and 1804, 372; in 1868, 499. NiBLACK, William E., Representative in 39th Congress, 108; in 40th, 183, 348, .384; in 41st, 408, 508; motion as to public credit bill, 396. Nicholson, John A , Representative in 39th Congress, 108; in 40th, 182, 348, 384. NOELL, Thomas E., Representative in .39th Congress, 108; in 40th, 183; bill to authorize female suffl-age, 184; death of, notCy 348. NoBBis, Benjamin W., Representative in 40th Congress, 348, 384. J NoBTH Caeolina, provisional governor appointed, 11 ; reconstruction eteps, IS, 19; claimants for seats in Congress, 107, 108, 183; convention of colored peo- ple, 18; laws on freedmen, 20; vote of legislature of 1866 on XlVth amendment, 194; platform of Republican State convention, 261, 252; made part of second military district. 200; orders and action of the military therein, -201-204, 317-319; new consti- tution of. 332; restoration to representation, 337; Representatives elect from, 348; vote of legislature of 1808 on XlVth amendment, 353, 379; order as to railroad directors, 427; ratification of XlVth amendment, 427; military rule ceases, 422, 427; vote on XVth amendment, 496; claimants in 39tli Congrpss, 107, in 40th, 1st and 2d session, 183, 348; Senators and Representatives in 40th, 3d session, 383; in 41st, 407, 607; apportionment of currency in, 696; apportionment of representation under census of 1800, 685; presidential vote in 1860, 372; in 1868, 499; registration and disfrancbi^mentin, and votes on constitutional convention and rati- fying constitution, 374. NoBTHEBN Pacific Raileoad bills, 565-567. NoETON, Daniel S., Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407; death of, note, 607; call for National Union Convention, 119. Notes, United States, not a legal-tender for State taxes. Supreme Court opinion on, 439; increase of na- tional banlt, 586-596. NuNN, David A , Representative in 40th Congress, 348, 384. Nye, James W., Senator in 39th Congress, 107; in 40th, 182, 847, 383; in 41at, 407, 607. Oppioe-holdino by Georgia negroes, 466, 474. Official Oedebs and Peoclamationb, President John- son's, 7-lS, 194-208, 342-346, 379, 419; President Grant's, 420, 421, 605, 544. Omo, Legislature on XlVth amendment, 194; votes on withdrawal of, 363; resolutions of Democratic convention of 1807, 247, 248; votes on proposed amendment to State constitution giving suffrage to soldiers, 258; Republican and Democratic plat- forms, 482, 483, 024; vote against XVth amend- ment, 496, 497; vote to ratify the XVth amend- ment, 662; Senators and Representatives in 89th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 507; apportionmentof currency in, 696; apportion- ment of representation under census of 1860, 685; presidential vote in 1860 and 1864, S72; in 1868,499. O'Lauohlin, Michael, President Johnson's order for the execution of sentence upon, 7. O'Neill, Chaeles, Kepiesentativo in 39th Congress, 103 ; in joth, 182, 348, 384; in 41st, 407, 508. Oed, Edwaed O. C, Major General, assignment of, to and from the command of fourth military district, 200, 343; orders of, 206, 321-3'23; ordered to depart- ment of California, 346. Oedee No. 44, facts concerning, 122, 308. Oedebs, Militaey, on Beconsteuotion, ;J6-38; 41,42; 122, 12:3,124; 109-208; 300-:!OS; 422^30. Oeeoon, election of 1806, 120; of 1868, 372; vote on XlVth amendment, 194; onXVth amendment, 497; apportionment of currency in, 600; apportionment ■ of representation under census of 1800, 686; presl- djential vote in 1800 and 1864, 372; in 1868, 499. Oeth, Godlove S., Representative in 39th Congress,! 108; in 40th, 183, 34!; 384; in 4l8t, 408, 608. ' OsBOEN, Thomas W., Sen...or in 40th Coniress, 347, 383; in 41st, 407, 607. Pacific Raileoad Bonds, amount issued to Pacific rail- J road companies, 603, 6.30, Paoeabd, Jabpeb, Representative In 41st Congress, 408, 608. INDKX. 64a Paokeu, John B., Eepreaentative in 4l8t Congress, 407, Paise, lUiBEET E., Eepresentative in' 39th Congress, lOb; iiilMli, 133, .'.iS, SS-l; in list, 408, COS; resolu- tion as to Georgia congressmen, 393 : report on im- ppaohment, 2iia. Pali3;ii, l.'EAKK W., Kepresentative in 41sfc Congress, iOJ, 508. Paudoned Rebeis, order for return of property to, 13: PreBidBnt Johnson's allusions to, 130. Paeole or Eebel Soluiees, terms of, 120-122. ■P^BSOSs, Lewis E., appointed provisional governor of Alab;ima, 12, ^1; proclamation for election for con- vention, •>!; elairannt to seat as Senator in 39tli Congress, 107; telegram to President Johnson re- specting XlVth amendment and reply, note, 352. ,PA6eEwa::E '1 ax, can htate.^i levy a through, 434-437. Pattekson, D.VVID T., Senator in 30th Congress, 107, 181 ; in40tll,-182,347,383. e . , , Paiteeson, Jambs W., Eepresentative in 39,th Congress, 103; Senator in 40th, 182, 347, 383; in 4l3t, 407, 007. Patton, R. M., governor of Alabama, vetoes of certain bills respecting troedmon, 21, 22; removed, 428. Payne, Lewis, Presi(ient J ohnson's order lor the exe- cution of sentence upon, 7; order respecting re- ward for, 198; application for habeas corpus, 200. Pease, E. M., appointed governor pf Texas, 323. Peck, Ekasmus D., Eepresentative in 41st Congress, note, 608. PBNMsiLTANiA, resolutions of Union and Democratic State conventions of 1800, 123; voto on XlVth amendment, 191; Eopublican and Dem-oeratic plat- torms, 483, 484; vote on XVth amendment, 497; Senators and Eepresentatives in 39th Congress, 107 ; in 40th, 182, 347, 383; in 41st, 407, 507; apportionment of currency in, 590; apportionment of representa- tion under census of 1800,685; presidential vote in 1800 and 1864, 372; in 1808, 499. Peboe, Leoeand W., Eepresentative in 41st Congress, Peebam, Sibkev, Representative in 39th Congress, 108; in 40th, 182, 347, 383. Peeet, Benjamin F., provisional governor of South Carolina, 12; telegrams to and from, 22, 23, 24; claimant of seat as Senator in 39th Congress, 107. Petebs, John A., Eepresentative in 40th Congress, 182 ; 347, 383; in 41st, 407, 507. Pettis, S. Newton, Eepresentative in 40th Congress, note, 384. Peyton, E. G., claimant to seat as Eepresentative in 39th Congress, 108. Phelps, Csaeles B., Eepresentative in 39th Congress, 108; in 40th, 182, 348, 384; minority representation motion, 392, Peel PS, Daewjn, Representative in4l9t Congress, 407, 608. Phieufs, Wendell, President Johnson's allusions to, 61, 135, 140. Pickett, Geoese E., General, application for clemency, 301, 305 ; General Grant upon. 309. FiEBOE, Chiles W., Representative in 40th Congress, 348, 384. FiEBFOiNT, FBANdS H., recognlzed as governor of Vir- ginia, 8; superseded, 317. Pike. Fbedeeics A., Representative in 39t-h Congress, 108; in 40th, 182, 347, 383. File, William A., Eepresentative in 40th Congress, 183, 348, 384. PiNsoN, RicHABD A., Claimant to seat as Representative in 39th Congress, 108. Plants, Tobias A., Eepresentative in 39th Congress, 108; in 40th, 183, 348, 384. Plateoems op 1804, Union and Democratic, 117, 118; State platforms of 1866, 123, 124, 240->243; of 1867, 243-266; of 1868, 364-308; of 1869, 478^88; national platforms of 1852, 1836, 1860, and 1864, 356-364; of 1868, 364-368 ; of 1870, 622-624 ; resolutions of 1798, 254. Platt, James H., Jr., Representative in 41st Congress, 608. Poland, Ltiee P., Senator in 39th Congress, 107; Repre- sentative in 40th Congress, 182, 317, 383; in 41st, 407, 607. FoLSLEV, Daniel, Eepresentative in 40th Congress, 183, 348, 384. PoHEEOY, Chables, Representative in 41st Congress, 408, 608. PoMEBOY, Samuel C, Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 607; motions on Georgia bill, 012-614. PoMEBOY. Tbeodoee M., Representative in 39th Con- gress, 108; in 40th, 182, 348, 383; [Speaker of House of Eepresentatives last day of 40th Congress, vice ScuYL^ Colfax resigned to accept the Vice Presi- dency.] Pool, John, claimant to seat as Senator in 39th Con- gress, 107; in 40th, 133; Senator in 40th, 383; in 4l8t, 407, 507; motions on enforcing.bill. 655, 650. Pope, B. T., claimant to seat as Eepresentative in 39tb Congress. 103. Pope, John, Mujor General, assigned to department of Cumberland, 20U; orders of, 204^200; telegrams to and froto General Grant, 310-313; orders and action of, in third military district, 200, 319, 320; order re- lieving, 340. Poetee, Charles I-L, Representative in 41st Congress, 608. PoiiEE, Claukson N,, Eepresentative in 41st Congress, 407, 608; motion as to income tax, 005. Pratt, Daniel 17., Senator in 41st Congress, 407, 607. Pbesidential Vote of isrj and 1804, 372; of 1868, 499. Peice, Hiram, Enprosentative in 39th Congress, 108; in 40th. mi, 31S, 384. Peinoe. Charles H., Representative in 40th Congress, 348, 384. Peioe Contracts in Coin, decision concerning, 611-523; Proclamations and Oeders, Official and Presidential. Johnson's, 7-18, 194, 203, 342-340, 379,419; Grant's, 420, 421, 505, 544. Peopsee, William F., Representative in 41st Congress, 408, 608. Prcyn, John V. L., Eepreseniative in 40th Congress, 182, 347, 383. PmiLio Credit, bill, 396-397. (" pocketed " by President Johnson;) act, 412, 413, (approved by President Grant.) • PuBLio Debt, resolution respecting inviolability of, 109 ; proposed constitutional amendment respect- ing, 102, 103, 191; amount of, 126, 259, 374,500-603, 627-630; President Johnson'.* allusions to, 141, 146. Public Lands, proposed legislation on, 116, 186; statis- tics as to, 623. n Eadeoed. Williau, Eepresentative in 39th Congress, 108. Ramsey. Alexander, Senator in. 39th Congress, 107; in 40th. 182, 347,383; in4l8t,407, 507; introduces North- ern Pacific railroad bill, 667. Randai,l, Alexander W., Postmaster General, 181, 383, 387; call for a National Union Convention, 119; let- ter of, on General Grant, 289. Eandall, Samuel J., Eepresentative in 39th Congress, 108; in 40th. 182, 348,384; in 41st, 407, 608 ; resolution on public debt, 109; motion on Northern Pacific railroad bill, 570; substitute for currwicy bill, 592. Eandall, William H., Eepresentative in 39th Congress, 108. Eaum, Green B., Eepresentative in 40th Congress, 183, 348, 384. Rawlins. John A,, Secretary of War, 406; Attompy Gen- eral Hoar's letter to, on jurisdiction of military commissions, 476-478; death of, note, 607. Eaymond, Henry J., Eepresentative in 39th Congress, 108. . Eeadino, John R., Eepresentative in 41st Congress and unseated, note, 407. Reagan, John H., President Johnson's release of, 14. Reeel Cruisers, proclamation concerning, 9. Rebel Debt, propositions to repudiate, 19, 21, 23, 24, 28, 102, 106. 109, 191. Rebellion Suppressed, proclamation announcing the, 15, 10, 194-106. Rebels Pahdo.ved, order for return of property to, 13. Reconstruction, majority and minority of committee on, 84-101 f votes upon propositions of, note, 72, 102- 100; reconstruction act, (*• military,") veto of, and .votes upon, 160-173; supplementary reconstruction "act, veto of, and votes 'upon, 178-181 ; Genferal Grant's views upon. 294, 298-306; supplemental measures, July, 1807, March and July, 1868i,aud orders con- nected iherewith,335-341; President Johnson's or- ders referring to, 199, 200, 345, 340, 370 ; Johnson's last message on, 384-391; additional legislation, 408-416; Grant's message on, 417-; military orders, 422-432; of Virginia, Mississippi, and Texas, 672- 579; of Georgia, act to promote the reconstructioti of, arid votes thereon, 609-016. Reconstruction Measuuiis op Thirtt-ninth, Foetieth, AND FoRTY-riRST CONGRESSES, 191-194, 335-337, 408, 572- 609; votes of legislatures thereon. 194, 3.53, 380. Reconstsuction Policy op Congress, resolutions upon, 123, 124, 240, 242, 243, 244, 247, 250, 251, 252, 263, 364, 367, 308, 479. Reduction or Revenue and Taxation, 609, 626. Reeves, Henry A., Representative in 41st Congress,.407, .508; resolution abolishing tariff on salt. 582^» Registration in insurrectionary States under military reconstruction acts, 2001 374 G44 INDEX. Removal ov DiaysiiiTjEs, vote on, 393. Beteesektation and Dibect Taxes, proposed amend- ment on, negatived, 104. Eepeeslntation, proposed constitutional amendment on, lOi-10.), 101; census tables on, lib; vote on mi- noi-ity, 392, 303; on proposed apportionment of, 583-5SJ ; actual apportionment of, under census of ISOO, 5SS. Bepresentatiow op Insubekctionaet States. President Johnson's allusions to, 57-00, 71, 72, 82, 130, 144, 153, 172 ; concurrent resolution upon, note. 72; majority and minority reports upon, 84-101; bills and propo- sitions relating to, 102-100 ; resolution concerning, 109; joint resolution regulating, 184'; bills.preacrib- ing terras of, 151, 101, 192, 3,-i5-337, 408, 572-009. Eepeesentatives in Thibtt-sikth Gongbess and Claiu- ANis, 108, lO'J, 181, 182; in 40th, 182, 183, 347, 348; i» 41st, 407, 507. Repubiican Naiionae PlaifoeBs of 1856, 1860, and 1864, ;!JO-304; of 1803, 304, 305. Repddiation, resolutions on, 301, 392, 679. Besolotiohs. to create the joint committee on recon-' struction, note, 72; on payment of the public debt, 109; punishment of treason, 109; representation of the insurrectionary States, 109; elective fran- chise in the States, 110; test-oath, 110; test-oath for lawyers, 111; indorsement of President John- son's policy. 111; withdrawal of military forces, 111; legal effect of rebellion, 111; recognition of State goveruinent of North Carolina, 113; trial of Jefferson Davis, 113; the Fenians, 113; jiroposed impeachment of President Johnson, 187-190, 264- 266; thanks to ex-Secretary Stanton, 350; condemn- ing President Johnson's repudiation plan, 391, 392; ouiepudiation,579; purchasing bonds, 580; increas- ing currency, 580; tariff, 581; general amnesty,682; apportionment, 583-585. Restoration of iNSTmEEorioNAnT States, 152, 191, 192, 335- 338, 672, 609. REVEts. Hjeam R., Senator in 41st Congress, 507. Revenue AND Expendiidees, from 1860,^76-377; receipts and reductions in, 609, 020. Reynolds, Aetuub E., claimant to seat as Representa- tive in 39th Congress, 108. Reynolds, General J . J., assigned to fifth district, 422, 424; relieved, 424; ordejs cessation military rule in Louisiana, convention tax to be paid, Texas not to send Presidential electors, is rejnoved, rein- stated, test-oath, 429-430. Bhm)b Island, election of 1866,120; of 1867, 259; of 1868, 372; of 1869, 600; on XlVth amendment, 194; on XVth amendment, 407,559; Senators and Repre- sentatives in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 607; apportionment of currency in, 590; apportionment of representation under QBOSUS of 1860, 585; Presidential vote in 1860 and 1864, 372; in 1868, 499; State elections in 1806, 1867, and 1868, 372. EiCE, Alexandeb H., Representative in 39th Congress, 108. Bice, Benjamin F., Senator in 40th Congress, 847, 383 ; in 41st, 407, 507. Bice, John H., Representative in 39th Congress, 108. RioE, John M., Representative in 41st Congress, 408, 608. Riddle, Seoeoe Read, Senator in 39th Congress, 107; death of, note, 182. EiDowAY, Robebt, claimant to seat as Representative in 39tb Congress, 108; Representative in 4l3t, 608. BiTTEB, BUBWELL G., Representative in 39th Congress, 108. RoBEETs, O. M., claimant to seat as Senator in 39th Gon- s:ress, 182. RoBEETSON, Thomas J., Senator in 40th Congress, 383; in 4l3t, 407, 507. RoBEETSON, William H., Representative in 40th Gon- ■ gress, 182, 347, 383. Robeson, Geoeoe M., Secretary of the Navy, 406, 607. ^OBJNSON, Brevet Major General J. G,, order of, against whipping, 201. RoBiNso.v, William E., Representative in 40th Congress, 182, .347, 383; motion to table impeachment re.'^olu- tion, 100. Rockwell, Chaeles P.,Brevet Captain, appointed treas- urer of Georgia, 320. BoBEES, Anthony A. 0., Representative iu 41at Congress, 408,508. . , ^, „ EooEES, Amdebw J., Representative in S9th Congress, 108. Rollins, Edwabd H., BepresentatiTe in 39th Congress, 108. Boors, LosAN H., Representative in iOtb Congress, 348, 384; in41st, 408, 608. Boss, EsunNS G., Senator in 3Bth Congress, 181 ; In 40th, 182, 347, 383; in 41st, 107, 507; motion on currency' bill, 690. Boss, Lewis W., Representative in 39th Congress, 108j in40th. 183, 348, 384. BouesBAU, Lqvell H., Eepresentative In 39th Congress, 108, 182. RnoEB,TH0lu8 H., Brevet Brigadier General, appointed governor of Georgia, 320; relieved, 428. Salt, vote on proposed reduction of da^ on, 982; Ohio l)emoGrats on tariff on, 482. Sab Domingo Teeaty, message as to, 541, 642. Sandebs, Geobge, President Johnson's order for arrest of, 8; order revoking reward for, 198. Saitfobd, Stephen, Representative in 41st Congress, 407, 608. Saegcnt, Aaeon a.. Representative in 4l8t Congress, 408.608; motion on Northern Pacific railroad bill, 669! SirasBUBY, WiLLAED, Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 607; motion on-cur- renc,y bill, 589. ,, Sawyeh, Feoteeiok a.. Senator in 40th Congress, 383; in 41st. 407,607; motion as to the XVth amend- ment. 401. Sawycb, Philetus. Representative in 39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 608. ScHENCK, Robert G., Representative in 39th Congress, 108; in 40th, 182, 348, 384; in 41st, 408, 508; proposi- tions on representation, 104,105; on Fenian reso- lution, 114; on suffrage in District of Columbia, 115; on suspending payment for slaves drafted or vol- unteered, 186, 187; reintroduces public credit bill, 413; reports substitute to Senate funding bill, 001; funding motions, 603; reports bill to reduce inter- nal taxes, 605; tariff amendment, 606; statement of reductions under revenue act, 009. Sohofield, John M., Major General, orders in North Carolina, IS: orders of, 200, 201 ; confirmation of, as Secretary of War, 264, 347 ; action of, in reconstruct- ing Virginia, ,316,317; Secretary of War, 383; note, 407; assigned to department of the Missouri, 425. SaHVMAEEB, John G., Representative in 41st Congress, 407, 608. ScHnBZ, Gael, General, resolutions of, at Chicago Con- vention, 360; Senator in 41st Congress, 407, 507. SooFiELD, Glenni W., Representative in 39th Congress, 108; in 40th, 182, 348, 3S4; in 41st, 407, 508; motions on apportionment, 585; on currency bill, 596. Scott, John, Senator in 41st Congress, 407, 507; motion on enforcing bill, 656; on Northern Pacific railroad bill, 568. Segab, Josefh, claimant to seat in 39th Congress, 107. Selye, Lewis, Representative in 40th Congress, 182, ^8, 383. Senatobs in 39th, 40th, and 41st Congresses, and claim- ants, 107, 108, 181, 182, 347, 407, 607. Sewabd, William ■ H., Secretary of State, 107, 181, 347, 383 ; certificate of ratlficaU9n of anti-slavery amend- ment, 6; telegrams to provisional governors, 21,23, 24,26,109; report on transmission of XlVth con- stitutional amendment, 83,84; letter of, on General Grant's conversation with President Johnson, 290; certificate respecting ratification of XlVth consti- tutional amendment, 379; final certificate XlVth amendment, 417-419. Seymodb, Hobatio, nominated for President, 371 ; speech on accepting, 381 ; presidential vote, 499. ' Shankun, Sbobgb S., Representative in 39th Congress, 108. Shanks, John p. G., Representative in 40th Oongress, 183, 348. 384; in 41st, 408, 608. Sbabkey, William L., appointed provisional governor of Mississippi, order for convention and President Johnson's telegram to, respecting action of, onslav- ery, elective franchise, &0., 19, 20; claimant as Senator in 39th Congress, 107. Sheldon, Lionel A., Representative in 41st Congress, 608. Sheldon, Pobteb, Representative in 41st Congress, 407, Shellababoeb, Samuel, Representative in 39th Con- gress, 108; in 40th, 183, 348, 384; motion on XlVtIi amendment, 400, 406. Sheeidan, Philip H., Major General, assigned to fifth - district, 200: relieved, 323; orders under military reconstruction bill, 200, 207; report on condition of Texas, note, 298; assigned to department of Misr Bonri. 306,345; letters and orders on removal of, 306-308, 346; orders and telegrams of and to, on re- ponstrnotion, aOS-^lO; to department of Louisiana, to division of the Missouri, 424, INDEX. 645 Shsemab, John, Senator in 30th Congrass, 107; in 40th, 182, 347, 383; in 41st, 407, 607; motion respecting fcreorgia, 340; telegram of Lieutenant General Sher- man to, 348; motion on Texas bill, 679; reports currency bill, B87: motions to strike outordinsert, 888; on currency bill, 680, 600; repprts funding bill, 898 .^motions thereon, 600; as to gross receipts, 007; on Georgia bill, 613. 6HEMI4N, William T.. General, agreementwith General Johnston, 121, 122; letter as to surrender of J. E. Johnston, 504, 60S; Lieutenant General, order as- signing to military divison 0f the Atlaijtio, 346; nominated for brevet rank of general and telegram declined, 346. Sheeeod, William C, Representative in 41st Congress, oOS< Shields, Jambs, reports Illinois Central Eailroad bill, 664. Shippino, message of President Grant on European war and American shipping, 616. Shobee, Feancis E., Representative in 41st Congress, «ofe, 407, 608. * Sickles, Daniel E., Major General, order setting aside South Carolina code, 30-38; assigned to second dis- trict, 200; orders under military reconstruction bill, 202-204, 317 ; order relieving, 346. SiOBx Cm ASD Pacific RailrqabCompaht, United States bonds issued to, 603, 030. tooEEAVEB, Chables, Representative in 39th Cpngress, 108; in 40th, 182,348,384. SixiEENXH Amensiient, to United States Constitution, proposed, 506. Slavebt and Eeoonstrdctioh, General Grant's views upon, 203, 208-304. Slaves, to suspend payment for, 186, 187; General • Grant's orders respecting, 203, 204. Sloan, Ithamar C, Representative in 39th Congress, 108. Slocoti, Henev W.,Bepresentative in 41st Congress, 407, Smiih, Geeen Clat, Representative in 39th Congress, 108; resignation ol, 182. Smith, John A., Representative in' 41at Congress, 408, 60S. Smith, Joseph S., Representative in 41at Congress, 408, 608; motion on currency bill, 694. Smith, VJilllam H., appointed Governor of Alabama, 428 ; ordered to organise the legislature, 428. SsniH, WiLLLAM J., Representative in list Congress, 408,- 508. Smith, Woethington C, Representative in 40th Con- gress, 182, 347, 383; in 41st, 407, 607. Smyth, Wllliau, Representative in 41st Congress, 408, 608. Show, William B., claimant to seat as Senator in 39th Cpngress, 107; in 40th, «o<6,aa.3. South CAeolina, provisional governor appointed, 12; telegrams to and from, 22, 23, 24; sjianote; recon- struction steps in, 22<24; General Gillmore's qrder annulling Governor'MaErath's call for a rebel legis- lature,22; laws onfreedmen and General Sickles^s order thereon, 34r-37; claimants in Congress, 107, 108, 1^; made part ofiSecond military district, 200; platform of Charleston Republicans, 1867,262,263; orders and action of the military therein, 200-204, 317-310; new constitution of; 332, 333; restoration to representati(m,337; Representatives elect from, 348; onXlVth amendment, 104, 2fi0, 428; militaiy rule ceases, 422, 428 ; vote on XVth amendment, 407,498; claimants in 39th Cpngress, 107; in 40tb, 2d session. 348; Senators and Representatives in 40th, 3d session, 383; in 41st, 4^7,607; apportioi*- ment of currency in, 596 ; apportionment of repre- sentation under census of 1860, 686; registration and disfranchisement under military reconstruc- tion acts, 374; yotes on constitutional convention and on ratifying constitution, 374j presidential vote in 1800, 392; in 1868, 499. Sodtheen Unionists' Convention, call for, 124; resolu- Itlons of, 241. Spalding, Rtifds P., Representative in 39th Congress, 108; in 40th, 188, 348, 334; motion to table impeach- ment resolution, 188 ; subsequent resolution, 205. fipANGiEE, Edwaed, President Johiison's order for the execution of sentence upon, ir. SP^n, James, resignation of, as Attorney General, 181; circular respecting Fenians, 18; action on Mbeas corpus for LiHColn's assassins, 260. Spenoeb, Geoege B., Senator, iri 40th Congress, 383; in 41st, 407,607. Spink, S. L., resolution pn tariff. 681. Speaghe, WiLLLiM, Senator in 30th Congress, 107; in 40th , 182, 347, 383 ; in 41st, 407, 607. giANBEEY, Henet, AttomSy Genei:^, 181; of counsel of Andrew Johnson, 271; rejected eh re-npmination, 347. I Stanton, Edwin M., Secretary qf War, 107, 181; reasons for revoking order offering- reward for the arrest of Surratt and others, moW, 198; request for resig- nation of, and reply,2(jl; order of suspension, and Senate vote upon, 201, 262; order of removal, and Senate vote upon,202, 263; letter.? to General Grant and to President Johnson, 261, 282; letter an- nouncing that he had relinquished charge of the War Department, and order to General 'fownsend, 263; President Johnson's order respecting orders of, 284; General Grant's letter to President John- son on removal of, 306-308; suspension of, as Sec- retary of War,S47; resolution censuring, 368; vote of thanks to, 360. Siabeweathee, Henbt H., Representative in 40th Con- gress, 347, 383; in 41st, 407, 608. Stabb, John F., Representative in 30th Cpngress, 108. State Banes, right of United States Government to tax, 523, 530. SiAitE Flatfoemb, of 1866, 123, 124, 240-243; of 1867, 243- 256; of 1868, 364-368; of 1869, 478-488; of 1870, 622- 624. State Peisonebs, release of, President Johnson's order for, 190, 200. State 'Tax, on through passengers, 434^437.. State Taxation, of national banks, 530-632. St^lti^ticax 'Tables, population, tariff, public lands, re- venue, election returns, taxation of national banks, re^stratton and disfranchisement, expenditures ofGovernment sundry years, and national debt . statements, 125, 120, 370-377, 5IP-502, 625-630. State of Texas vs. Geoege W. Wdite et al., opinion pf Supreme Covirt of United States in case or, 448-466. Status op Texas, decision respecting, 448-466, SiisAENS, Geoege L., President Jonnspn's interview with, 48, 49. Stephens, ALEXAin)EB H., claimant to seat in 39th Con- gress, 107; President Johnson's release of, 14. Stevens, Aaeon F., Representative in 40th Congress, 182, 347, 383; in 41st. 407, 607. Stevens, Thaddbds, Representative in 39th Congress, 1,08; in 40th, 182, 348; allusions of President John- son to, 61, 135, 137, 140; resolutions on representa- tion, note, 72; propositions from Reconstruction Committee, 103-105; resolution on test-oath for lawyers. 111; motion not to recognize the North Carolina State government, 113; report and action in favor of impeachment, 265, 266; manager of impeachment, 271; death of, note, 384. Stevenson, Job E., Representative in 41st Congress, 407, %608, Stewaet, Alexandeb T., nominated ^d confirmed as Secretary of the Treasury, 8,nd not eligible, note, 406. ' Stewaet, Thomas E., Representative in 40th Congress, 182, 347, 383. Stewabt, William M., Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 607; motion respect- ing General Schofield'a confirmation, 264; motions on XVth amendment, 400, 401, 404; moves substi- tute for enforcing bill, 652; funding motion, 601. Stiles, John D., Representative in 41st Congress, 407, 508. Stillwell, Thomas. N., Representative in 39th Congress, 10^ St. Martin, Louis, claimant to seat as Representative in 39th Congress, 108. Stockton, John P., Senator in 30th Congress, seat va- cated, -mte, 107, 181; in 41st, 407, 507. Stokes, William JB., Representative in 30th Congress, 108, 182; in 40th, 348, 384; in 41st, 408, 608; motion as to disability bill, 683. ' Stone. Fbedeeick, RepresentatJve in 40th Congress, 182j 348, 384; in 41st, 407, 608. Stoneman, General, removes Governor Wells and is himself removed, 425. SiouGHTON, WiLLiAJi L., Representative in 41st Congress, 408j 508. Stovee, John H., Representative in 40th- Congress, note, 384. Steader, Peteb W., Representative in 41st Congress, 407, 508. Steicklind, Bandolph, Representative in 4}st Congress, 40S,'50S. ' Steono, Jupua L., Representative in 41st Congress, 407, 608. Steouse, Mteb, Representative in 30th Congress, 108. Stuart, Ai,exandeb H. H., claimant to s^at as Repre- sentative in 30th Congress, 108. Stubes, Jesse R., claimant to seat as Representative tn 39th Congress, 108. S^BSimEB, land, legislation on, 663-572; table shewing, '8g5. ■ SonsAoe, in Sistiict of Gnlambia, 114-116; vetp <^ bill 646 INDEX. regulating, copy of, and votes on passing and ro- paasing, 164-160; in Territories, 116, 117,184; vote in Connecticut, 120; votes in Michigan. Ohio, Kan- sas, and Minnesota, 353; President Lincoln upon, fwte, 20; President Johnson upon, 19, 20, 24, 49, 62- 55, 164-169, 25S; proposed female and inteUigence- sufti-age, 184; in the insurrectionary States, 192, 194, 327-334; XVth amendment, 399; female, pro- posed, 506. SuFFRAQE, CoioEED, resolutions of political conventions on, 124, 244, 248, 249, 478, 479j 480, 4S1, 482, 483, 484, 480. SodAK, Ohio democrats on tariff on, 483. BtrajiE?., Chaeies, Senator in 39th Congress. 107 ; in 40th, 382, 347, 383; in 41st, 407, 607; allusions of President Johnson to, 61. 137; amendment to tenure-of-offlce bill. .398; motion ou XVth amendment, 402, 403; on public credit bill, 413; on'curreney bill, 689; to strike from naturalization laws the word " white," 618, 619. SuPKEMB Court of United States, opinions on habeas Corpus, 200-220; test-oaths, 220-234; Mississippi in-' junction case, 239, 240; proposed legislation re- specting, 360,351; opinions on State taxation* of passengers, 433-437 ; State taxation of Dnited Stales certificates of indebtedness, 437-439; State taxation of United States notes, 439, 440; legal tender, 441- 443, 511-523 ; e xpress contracts to pay coin, 443-448 ; status of 'iexas, 448-466; the MeCardle case, 466; validity of contracts In confederate money, 509- 611; United States taxation df State banks, 623-630; State government tax on national banks, 531, 532. Sheeatt, John H., order revoking reward for, 198. SuEBAiT, MrtBY E., President Johnson's order for the execution of sentence upon, 7; refusal of habeas corpus, 2C0. SURBENDEB OF GENERAL JOSEPH E. JOHNSTON, terms of, 121, 604, 605. SwANN, Thomas, Bepresentative in 41st Congress, 407, 608. SwAYNE, NoAH H., Justice, dissenting opinion as to status of Texas, 456, 523. SwAYNE, Waoeb, General, orders of, 204, 206, 319; order relieving, 346. -Sweeney, Williau N., Representative in 41st Congress, 408, 608. Sweeny, T. W., Brevet Colonel, order respecting oflS- cers. 206. Syfheb, J, Haub, Representative In 40th Congress, 348, 384. T Tabeb, Stephen, Representative in 39th Congress, 108 ; in 40th, 182, 347, 383; amendment of homestead act, no. .Tables, showing population of each State in 18C0, 125 ; vote in Uouse of Representatives on various tariff bills, 126; election returns of 1860-1868, 372,499; taxation on national banks, 373; registration, dis- franchisement, and election returns in rebel States under military reconstruction acts, 374; revenues since 1860, 376; expenditures since 1860, 376-377; showing public debt since 1867, 126, 259, 374, 500- 602, 027-030. Taffe, Joon, Representative in 40th Congress, 183, 348, 384; in 41st, 408, 608. Tanneb, Adolfuus H., Representative in 41st Congress, 407, 608. Takifp Policy, resolntions of political conventions on, 243, 248, 367, 480, 482, 484. Taeipfs, votes in House on all, since 1816,126, 605-609. Taylok, Caleb N., Representative in 40th Congress, 182, 348, 384; in 41st, 608. Tayloe. Joseph W., claimant to seat as Representative in 39th Congress, 108. Taylok, Nathaniel G., Representative In 39th Congress, 108, 182. Taylob, Nelson, Representative in 3pth Congress, 108. Tax, power of State to levy on through passengers, 434-437. ' Taxation, State, upon United States certificates, 437- 439; of United States notes, 439-443; of national banks by State governments, 530-532; of State banks by United States Government, 623-630; re- ceipts from and reduction in, 626. Taxes, State, are they payable in United States notes, 440-443. Tea and Coffee, Ohio Democrats on tariff on, 483. Ten-fobtt Bonds, act authorizing the, 354. 'Tennessee, President Johnson's proclamation respect- ing suppression of insurrection in, 13; franchise acts in, 27, 28, 257, and President Johnson's tele- gram to Governor Brownlow respecting, 27, 199; legislation on freedmen, 42, 43; Joint resolution restoring the relations of, to tho Union; 106, 102; message of Pi'esident Johnson in approval of, 162, 103; adinisslon of Senators and Eeprcsentativea, 181, 182; Governor Browniow's proclamation re- specting a State guard, 208; legislature oiiXlVth amendment, 194; Republican and "Conservative" platforms of 1867, 248, 249; vote on XlVih amend- ment, 194; votes on XVth amendment, 498, 560; claimants in S9th Congress, 107, 182; Senators and Representatives in 40th, 347, 383; in 41st, 407, 607; apportionment of currency In, 596; apportionment of representation under census of 1860, 686; presi- dential vote inl8C0, 372; in 1867, 372; in 1868, 499. Tbnuke-of-office Act, 170; veto of, and votes upon, 173-178, 397, 398 ; amendment passed, 413-415. Tebbitobies, elective franchise in, 116, 184. Tesbt, General A. H., order relative to vagrant laws of Virginia, 41, 42; to department of the South, 424; orders colored evidence received in all cases be- fore military courts, 425. TiST-OATH, action of North Carolina, requesting repeid of, 19; of Mississippi, 20; votes in House on, 110, 111,184; copy of, note, 193; opinions of Supreme Court on, 220-240; in Virginia, 426,426; Georgia, 428; Mississippi, 429; Texas, 430. Texas, provisional governor appointed, 12; action of convention, 18; laws ou freedmen, 43; claimants to seats in Congress, 184; legislature on XlVtb amendment, 104; General Grant on martini law in, 298; General Sheridan's report on condition of, note, 298; resolutions of convention of, 325; im- portant military order in, 360; on XlVtli amend- ment In 1866, 194; claimants in 39th Congress, 182; in 41st, 507; apportionment of currency in, 596; apportionment of representation under census of 1860, 586; presidential vote in 1860, 372; in 1868, 499; registration and disfranchisement and vote on constitutional convention, 374; Texas (Virginia and Mississippi) bill, 408-410; orders as to taxa- tion. Presidential election, constitutional conven- tion, apprenticeship and tuition of children, real estate sales, education/und, test-oath, 429, 430; new constitution. 430-432; status of the State, 448-456; President Grant's proclamation for election, 605, 606; XVth amendment, 408, 560; text of and votes on act to admit. 577, 679 ; %nder civil authority, 579. Thayeb, John M., Senator in 40th Congress, 182, 347, 383; in 41st, 407, 507. Thayeb, M. Russell, Representative in 39th Congress, 108. Thomas, Fbancis, Representative in 39th Congress, 108; in 40th, 182, 348, 384. Thomas, Geobse H., Major General, assigned to third district and revocation of, 200; various orders respecting, 200, 306, 307. 344; telegram of, de- clining brevet, 346; assigned to 6th district. 300; revocation of, 308; assigned to division of the Pacific, 426. Thom.is, John L., Jr., Representative in 39th Congress, 108. Thomas, Loeekzo, letter of authority as Secretary of War. ad interim, 266 ; acceptance of, 203. Thomas, Philip FKAKas, notMmitted as Senator from Maryland, note, 182. 'ISafcL -k-' Thompson, Jacob, Presiden^raBSftaffn's order for arrest of, 8 ; memorial of legttlattire of Mississippi for pardon of, 20; order revoking reward for, 198. TnoB.vTDN, Anthony, Representative in 39th Congress, 108; resolution on elective franchise, 110. f Thobinoion vs. Smith, opinion of Supreme Court United . States in case of, 509, Theockmomon, J. W., Governor, General Grant's tele- gram to, 310; President Johnson's telegram to, 199; removed as governor of Texas, 323. Thueman, Allen G., Senator in 41st Congress, 407, 507; motion on public creditbill, 413; amendments to Northern Pacific railroad bill, 607, 608; motion on currency bill as to rate of discount allowed, 590; to tax interest on bon'ds, 607. Tift, Nelson, Representative in 40th Congress, 348, Tillman, Lewis, Representative in 41st Congress, 408, Tipton, Thomas W., Senator in 40th Congress, 182, 347, 383; in 41st, 407, 607. Townsend, E. D., General, order of Secretary Stanton to, 264. Townsend, Washinbton. Bepresentative in 41st Con- gress, 407, 608; funding motion, 003 Teeason, resolution on punishment of, 109. Teeaty, message as to San IJomlngo, 641, 542. Teenholm, Geoeqe a.. President Johnson's release oii 14. Teiuble, John, Bepresentative In 40th Congress, 348, 384> IITDEX. 647 Tbimble, Laweence S., Ropresentetiv^ln 39th Congress, 108; in4uth,3i8,384; in4l8t,«)8,608; motlop to table Dili respecting confiscated lands, 187. iBOWDKiDGE, RowiAND E., KepresentatlvB in 39th Con- gress, 108 ; in 40th, 183, 348, 384. lEBMBrai,, L™an, Senator in 39th Congress, 107; in 40th, 182, 347,383; in 41st, 407, 607 ; motion respect- ™? j*'''bama, 341; bill to amend tenure-ofofflce act, 414; reports apportionment bill and moves to amend, 584; moves direct vote of Senate on Chi- nese naturalization, U19. DooKEE, Beveelt, President Johnson's order for arrest of, 8; order revoking reward for, 198. TuENEE, JosiAH, Jr., Claimant to seat as Representative in 39th Congress, 108. TwicHELL, SiNEET, Representative in 4Gth Congress, 182, 347, 383; in 41st, 407, 608. TiKEK, James N., Representative in 41st Congress, 408, DsBEEwooD, JoH» C, President Johnson's reply to ad- dress of, 47 ; claimant to seat in 39th Congress, 107 ; Judge, dissenting opinion in the Ctesar Griffin case, 462-406. Union Pacific Railsoad Company, United States bonds issued to, 503, C30. Onion Pacific Raiieoad Company, Eabteen Dmsioji, United States bonds issued to, 603, C30. UmoK Pacific Raiieoad bill, 664, 665; bonds, 603. United States Bonds, resolutions of political conven- tions as to payment of and tax on, 364, 367, 480, 482. United States Cebiifoates of Indebtedness, State taxa- tion upon, 437 ; notes. State taxation on, 439-443. Upson, CHAEioai Representative in 39th Congress, 108; m 40th, 183, -MS, 384. Upson, William H.t Representative in 4l8t Congress, 408,508. ^ Validity, of contracts in confederate money, 509-511; of XlVth and XVth amendments, 583. VAN Aeenam, Heney, Representative in 39th Congress, 108; in 4flth, 182, 348, 383. Van Atjken, Daniel M., Representative in 40th Con- gress, 182, 348, 384; in 41st, 407, 608. Van Hoen, Buet, Representative in 39th Congress,108; in 40th, 182, 348, 383. ViN HOBN, Robeet T., Representative in 39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 608. Van Teomp, Philadelph, Representative in 40th Con- gress, 183, 348, 384; in 41st, 408, 608. Wan Winkle, Petee G., Senator in 39th Congress, 107; in 40th, 182, 347, 383. Van Wyok, Chaeles H., Representative in 40th Con- gress, 182, 347, 383; in 41st, note, 608. Veazie Bank vs. Fenno, opinion of Supreme Court Uni- ted States in case of, 523-527. Veemont, Republican and Democratic platforms, 484; on XlVth amendment, 194; XVth amendment, 498, 500; Senators and Representatives in 30th Con- gress, 107; 40th, 182, 347, 383; in 41st, 407, 507; ap- portionment of currency in, 596; apportionment of representation under census of 1860, 586 ; Presiden- tial vote in 1800 and 1864, 372; in 1808, 499. ViOKEBS, Gedeoe, Senator in 40th Congress, note, 347, 383; ih 41st, 407, 607; motion on XVth amendment, 401; on enforcing bill, 6.56; on currency bill, 589. ViDAL, Michel, Representative In 4^>th Congress, 348, 384. ViEGiNiA, order to re-establish authority In. 8, 9; call for meeting of rebel legislature and Mr. Lincoln's telegram forbidding, 25; legislation in, 20, 27; freedmen's code and, General Terry's order set- ting aside, 411.42; claimants to seats in Congress, 107, 108; vote by legislature of 1807 on XlVth amendment, 194; Republican platform of 1807, 253, 264;\Virginiarre9.«llrt«»is of 1798, 250, 257; order creating it the first mSBSary district, 200; orders and action of the military therein, 200, 310,317; Henry H. Wells appointed governor, 317; new con- stitution of, 333; Mississippi and Texas bill, 40S- 410; President Grant's election proclamation, 420, 421; militarj; orders as to test-oath, colored police- men, removing Governor Wells, reinstating him, re-appointment of militaryofficers to civil offices, registration and election officers, stay law ex- tended, to prevent election frauds, Canby's letter justifying his test-oath order, 425-427; judicial opinions in Csesar Griffin case, 457-406; Republi- can and Democratic platforms, 484-487; election of 1809, 500; Daniel's dispatch to President Grant, 606; act of admission and votes on, 572-676; act to amend said act, 576; under civil authority, 579; vote on XVth amendment, 560: claimants in 39th Congi'css, 107; Senators and Representatives in 41st Congress, 607; apportionment of currency in, 696; apportionmeut of representation under cen- sus of 1800, 586; presidential vote in 1800,372; in 1808, 499; registration and disfranchisement in and vote on constitutional convention, 374. VooBHEES, Daniel W., Representative in 39th Congress, unseated, note, 108; in 41st, 408,608; resolution in- dorsing President Johnson's policy. 111. VooEHis, Albebt, elected lieutenant governor of Louis- iana, 28. •w Wabash and Eeie Canal, bill, of 1827, 603. Wade, Benjamin F., Senator in 39th Congress, 107; in 40th, 182, 347, 383; President of the Senate and act- ing Vice President, 182, 347, 383. Walkdp, S. H., claimant to seat as Representative in 39th Congress, 108. Wallace, Alexandzb S., Representative in 41st Con- gress, 608. Waed", Andeew H., Representative in 39th Congress, 182. Waed, Hamilton, Representative in 39th Congress, 108; in 40th, 182, 348, 383; in 41st, 407, 608; on committee to prepare articles of impeachment, 200; motion on currency resolutions, 680; resolution abolish- ing tariff on coal, 682. Wabuoth, Henby C, claimant to Sfeat as ddegate in 39th Congress, 108. Wabneb, HiBAii, Judge, dissenting opinion in White vs. Georgia, 471-474. Wabnee, Sauuel L., Representative in 39th Congress, 108. Wabsee, Willabd, Senator in 40th Congress, 383; in 41st, 407, 607; motions, XVth amendment, 401, 403; on currency bill, 688; moves amendment to natu- ralization bill. 019. Wassington Teeeitoey, Republican and Democratic platforms, 487, 488; election of 1869,500; appor- tionment of currency in, 696. Wasdbuen, Cadwalladeb C, Representative in 40th Con- gress. 183, 348, 884; in 41st, 408, 608. Washbuen, Hi:ney D., Representative in 39th Congress, 108; in 40t.h, 183, 348, 384; bill to repeal tenure-of- ofiice act. 398. Washbuen, William B., Representative in 39th Con- gress, 103: in 40th, 182, 347, 383; in 41st, ,407, 608. Wasubuenb, EtLinn B., Representative in 39th Congress, 103; in4flth, 18;!; noie, 348, 384; in 41st, resignation of. note, 408; (jeneral Grant's letter to, on slavery and reconstruction, 294; "on results of '-peace on any terms," 295; Secretary of State, note, 400. Webb, iieneral A. S., to first military'district, reinstates Governor Wells, appoints military men to civil office, is relieved, 425, 426. Weitzel. G.;Major General, approval of call for meeting of Virginia legislature and President Lincoln's telegram annulling, 20. Welch, Adosijah S., Senator in 40th Congress, 347, 383. Welkee, ^?ai;tin. Representative in 39th Congress, 108; in 40th, 133, 348, 384; in 41st, 408, 608; motion on Northern Pacific railroad bill, 509. Weli.es, Gidi:o.v, Secretary of the Navy, 107, 181, 347, 383; letter of. on General Grant, 290; Wells, Eeastus, Representative in 41st Congress, 408, 508. Wells, Heney H.. appointed governor of Virginia, 317; removed and reinstated, 425.' Wells, J. Madison, elected as governor of Louisiana, 28; removal of, 323. Wentwobth, John, Representative in 39th Congress, 108. West, A.M., claimant to seat as Representative in 39th Congress, 108. Westebn Pacific Kaileoad Company, United States bonds issued to, 503, 030. West Vibginia, bill to transfer Berkeley and Jefferson counties to, 110; election of 1806, on disfranchising amendment, 120; vote of legislature on XlVth amendment, 194; on XVth amendment, 498; Sen- ators' and Representatives in 39th Congress, lUT; in 40th, 182, 347, 333; in 4l8t, 407, 607; apportion- ment of currency in, .590; apportionmeut of repre- sentation under census of 1860, 685 ; presidential vote in 1864, 372; in 1808,499; State vote in 1800, 372. ■ ; Whaley, Kellian v.. Representative in 39th Congress, 108. Whe.^ton, Chables, Captain, appointed comptroller and secretary of state of Gedrgia, 320. 648 INDEX. Wheelek, Wiluam a., Representative in 41st Congress, 4li7, 508. ■Whippie. Wm., reply or, to President Johnpon, 56. WuippiNQ OF THE PEE80N, Order prohibiting, in Virginia, 2uo,'.;oi; elsewhere, 201. WHrrMOKE, Geokoe \V., Representative in 4l8t Con- gress, 608. ■WmiTEMOEE, Bekjamis F., Representative in 40th Con- gress, 348, 3S4; in 41st, 407; motion as to perjury, 574; resignation of, note, 608. ■Wkyte, William Pinck.nei, Senator in 40th Congress, 383. WiiET, J. HcCaleb, claimant to seat as Representative in 39th Congress, 182. .AViLKiKSON, MoETON S., Representative in 41st Congress, 408. 608. WiLLAED, Chaeles W., Representative in 41stCongre8B, 407, 507. WiiLET, WATTMAit T., Senator in 39th Congress, 107; in 40th, 182, 347, 383:- in 41st, 407, 507 ; amendment to suffrage bill, 116,110; motion on confirming Gen- eral Sohoficld, 264; resolution condemning Presi- dent Johnson's repudiation plan, 391 ; motion on enforcing bill, 656; on Mississippi bill, 577. Williams, Geoeoe H., Senator in 39tn Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 607; motion respect- ing certain constitutions^ 340, 341; motion XVth amendment, 401; on enforcing bill, 666; resolution on currency, 580; on Georgia bill, 612; as to natu- ralization of Chinese, 619. Williams, Thomas, Representative in 39th Congress, 108; in 40th, 182, 348, 384; one of the managers of the impeachment of Andrevr Johnson, 271; reso- lution on withdrawing military force. Ill; bill to restore confiscated lands, 187; proposition relative to Supreme Court, 360. Williams, William, Representative in 40th Congress, 183, 348, 384; in 41st, 408, 508; motion on Northern Pacific Railroad bill, 672; resolution as to cur- rency, 680. Williamson, G., claimant to seat as Senator, in 40th Congress, 183. WiL80N,^noENE M., Representative in 40th Congress, 408, 608. Wilson, Heney, Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 507; motion respecting Secretary Stanton's removal, 263; motion respect- ing Alabama, 340; vote of, for Vice President, 306; motions, XVth amendment, 401, 402, 403, 404; amendment to Virginia bill, 575; motion on North- ern Pacific railroad bill, 667; on ouwency bill, 90; funding, 600, 601; income tax, 607; Georgia bill, 612. Wilson, Jabks F.. Representative in 3gth Congress, 108; in 40th, 183, 348, 384; proposition relative to rebel debt, 106; resomtlon on representation, 109, 110; amendment to suffrage bill, 114; report on im- peachment, 188, 189; second report, 264; on oom- mittee to prepare articles of impeachment, 266, and manager of impeachment, 271. Wilson, John T., Rcprcscnlative in 40th Congress, 183, . 348, 384; in 41st-, 408, 608. Wilson, Stephen P., Representative in 39th Congress, 108; in 40th, 182, 348, ?84. Winans, James J., Representative in 41st Congrecs, 408, 608. Winchester, Botd, Representative in 41st Congress, 408i 608. WiNDOM, William, Representative in 30th Congress, lOS; in 40th, 183, 348, 384. WiNFiELB, Chaeles H., Representative in 39th Congress, 108. Winston, John A., claimant to seat as Henator In 40th Congress, 183. WiscoxBiN, vote on XlVth amendment, 194 ; on XVtn amendment, 498 ; Senators and Representatives in 39th Congress, 107; in 40th, 182,347,383; in 41st, 407, 507; apportionment of currency IB, 6«6; ajppot^ tionment of representation under census of 1860, 686; presidential vote in 1860 and 1664, 372; in 1868, 499. WrrcHEE, John S., Representative in list Congress, 408, 608. W(piTOS», W. T., claimant to seat as Representative in 39th Congress, 108, 182. Wood, Febnahho, Representative in 40th Congress, -1S2, 347,383; in 41st, 407, 608 ; moti»n to admit Texas without conditions, 678 ; motion on tariff; 681 ; on funding bill, 603. WooDBRiDQE, Feederice E., Representative in 39th Con- fress,108; in 40th, 182, 347, 383; motion respecting labama, 340. WooDWAED, Geoeoe W., Representative in 40th Congress, nofe, 348, 384; in 41st, 407, 608 ; motion to tax bonds, 605. WoETH, Jonathan, elected Governor of North Carolina, 19. Weight, Edwin R. V., Representative in 39th Congress, 108. Wbioht, William, Senator in 39th Congress, 107; death of, 181. WvLiE, Akdsew, Justice, opinion on test-oath, 236-239 ! action in the habeas corpus in the case of Mr&. Sur- ratt, Paynfe, and Atzerndt, 260. ' Yates, Richard, Senator in 39th Congress, 107; in 4i)th, 182, 347,383; in 41st, 407,607; motion respecting Secretary Stanton's removal, 263. YorNO, PiEEOE M. B., Representative in 40th Congress, 348,384. McPherson's Political Publications. Political History of the United States during the Great Rebellion, From No-member 6, 1860, to April 15, 1863, the date of tlie Death of Abraham litncoln. 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