^ » . r, ' •*-' o ^^o ^^< ■ .^^^ s ■^ .-?- '-^, >o -/- ■s , 9j, ,-0' V l^' 0- "oo^ ..-A -/:/. ,^" '''^. '•>r <^- 'V) .>o "<^ %, <0 -^ ^ .-, >, 0^ K ' ' * "-^ .-^^ .^' .VN^ '^'^ \^°^ ~b ■it. * 9 , %<^'^ '2> - 8 I 1 "S ,-.0^ cv <5? -rj. ':^^ /^. ■>, ^> ^^^ c « " <■ « -^O, 'b "^Z- % .^^' * . s ^ \0 <* -^ kO<:^^. 11' ^'/-^ ^. * ~o s ' ^ , ... * A / THE POLITICAL HISTOEY UNITED STATES OF AMERICA DURING THE 4 JL 7 PERIOD OF RECONSTRUCTION, (From April 15, 1865, to July 15, 1870,) INCLUDING A CLASSIFIED SUMMAPtY OF THE LEGISLATION OF THE THIETY- NINTH, FOETIETH, AND FORTY-FIRST CONGRESSES. WITH THE VOTES THEREON; TOGETHER WITH THE ACTION, CONGRESSIONAL AND STATE, ON THE FOURTEENTH AND FIF- TEENTH AjVIENDMENTS TO THE CONSTITUTION OF THE UNITED STATES, AND THE OTHER IMPORTANT EXECUTIVE, LEGISLATIVE, POLITICO-MILITARY, AND JUDICIAL FACTS OF THAT PERIOD. By Hon. EDWARD McPHERSON, LL.D., CLEBK or THE HOCSE OF REPEESENTATIVE3 OF THE UXIIED STATES. WASHENGTON, D. C. : PHILP & SOLOMONS. 1871. I Entered according to Act of Congress, in the year 1871, l)y EDWARD MoPHERSON, In the Clerk's Office of the District Court of the United States for the District of Columbia. 5 kim STEIIEOTTPED BT iMcGILL A WITUEROW, WASniNOTOW, B. c. PREFACE. This volume is a reprint of my Political Manuals, issued in 1866, 1867, 1868, 1869, and 1870, with revision and corrections to date and with some additions, and includes the political facts of the most momentous legislative period in the history of our country — that between April 15, 1865, and July 15, 1870. During it occurred the great controversy between President Johnson and the Thirty-ninth and Fortieth Congresses, which resulted, among many minor features of significance and importance, in the enactment of the Civil Eights act and the Tenure-of-Office act; the overthrow of the Presidential plan of Eeconstruction ; the remission to military rule of the lately insurrectionary States, except Tennessee; the prescription by Congress of the terms of their restoration; and the adoption, by Congress and the requisite number of State Legislatures, of the Fourteenth Amendment to the Constitution of the United States, which distinctly defines citizenship and places it under constitutional protection, and of the Fifteenth Amendment, which settles upon a new basis the question of suffrage in the United States, and modifies the relations of the States to it — all which measures indicate the era referred to as unquestionably the most remarkable in our legislative history. It has been my effort to preserve in these pages the record of the various steps by which these ends have been reached, so that it may be entirely prac- ticable for the student of them to trace their development from the first sug- gestion to the final shape. A glance at the Table of Contents and the Index will indicate the^ scc^e of the work, and the thoroughness and detail which characterize it ; and' a close examination of its pages will, I trust, leave no room to doubt that it has been prepared in a spirit of fairness and impartiality, and that it may be accepted as an actual contribution to the political history of our times. The general plan of the work is the same as that of the Political History of the United States during the Eebellion, but differs from it chiefly in its having; been arranged in annual parts. The advantage in this is>.ihat it exhibits m/are- clearly the growth of legislation and of public sentime^nt o-n each question^. year by year. The disadvantage is, a small increase ia th-e; labor of investigation. 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 access to the multitude of facts which will be found in these pages. Part I contains a full statement of the Orders and Proclamations and the 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 constitu- 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 text 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 Suffrage, 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 Articles of 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 Orders of the Military Commanders and their general action under the various Keconstruction acts, with an abstract of the Constitutions prepared by the ConventionB 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- tares, and the final certificate of the Secretary of State announcing its ratification as an amendment to the Constitution. Besides these great measures, the interest in wliich will scarcely abate as long as our present system of government remains, in this volume will bo found all the Decisions of the Supreme Court of the United States during this period, on the more important public questions whicli came before it, such as the Habeas Corpus, the Legal-Tender, and the Test- Oath cases ; the right of States to tax National Banks ; the right of the United PREFACE. V ^ates 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-Office act, the Civil Rights act, 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, Eegistration, Disfranchisement, Expenditures and Appropri- ations, Eevenue receipts and reductions, Lists of the Cabinets of Presidents Johnson and Grant, and of the Members of the Thirty-ninth, Fortieth, and Forty-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 Ee- 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 chat^ls, became incorporated, first into the civil, and next into the political, body. In the various votes given, the names of Eepublicans are printed in Eoman, of Democrats, and of those who generally co-operated with them, in italic. EDWAED McPHEESON. Washington, D. C, April 20, 1871. TABLE OF CONTENTS ■FJ^:RT I~1866. I. Constitntion of the United States— Mr. Seward's Certificate of the Eatification of the Anti-Slavery Amendment 1-6 II. President Johnson's Orders and Procla- mations 7-18 Respecting Commercial Intercourse — Trial and Punisliment of the Assassins of Abraham Lincoln— Arrest oft letferson Davis, Clement C. Clav, and others— To re-establish the Au- thority of the United States in Viririnia— Equality of Rights with Maritime Nations— The Bloclvade— AnMiesty— Appointins Provis- ional Governor for North Carolina, and other Insurrectionary States— Frcedmen— Suppress- ion of Rebellion in Tennessee- Paroled Pris- oners — Martial Law withdrawn from Kentucky j — Annulling the Suspension of the Habeas Ojrpiw- Declaring the Rebellion Ended— Ap- pointments to Olfice— Trials l>y Jlilitary Courts —Against the Fenian Invasion of Canada. III. Action of the Conventions and Legis- latures of the Lately Insurrectionary States 18-28 Proclamations of Provisional Governors- Elections of Conventions and Ordinances thereof— Enactments of Legislatures— Tele- grams of President Johnson and Secretary Seward respecting the Rebel Debt, Colored Suffrage, .\nti-Slavery Amendment, Admission to Congress of Senators and Representatives elect— President Lincoln's Lettgr to Governor Hahn, March 1.3, 18G4, on Colored Suffrage, and his Telegram of April 12, 18G5, prohibiting the meeting of the Rebel Legislature of Virginia. and General Grant's accompanying Report — Veto of the Freedmen's Bureau Bill, with copy and votes — Veto of the Civil Rights Bill, with copy and votes — Veto of the Colorado Bill, with copy and votes — Message on the pro- posed Constitutional Amendment. VII. Majority and Minority Reports of the Joint Committee on Beconstruction 84-101 VIII. Votes on Proposed Constitutional Amendment — 102-106 On Constitutional Amendment as finally adopted — The Accompanying Bills — The Amendment on Representation and Direct Taxes— On Representation^ — On Immunities of Citizens — On Tennessee — On Rebel Debt. IX. Members of the Cabinet of President Johnson, and of the 39th Congress, and of Claimants of Seats therein 107-109 X. Votes in the House of Representatives on Political Resolutions 109-114 On Public Debt — Punishment of Treason — Representationof lately Insurrectionary States — Elective Franchise in the States — Test-Oath — Test-Oath for Lawyers — Endorsement of the President's Policy — Withdrawal of Military Forces — Legal effect of Rebellion — Duty of Congress — Writ of Habeas Corpus — Thanks to the President — Recognition of State GoverK- ment of North Carolina — Trial of Jefferson Davis — Neutrality — The Fenians. IV. Legislation Respecting Freedmen 29-44 XI. Votes on Political Bills - —.114-117 In North Carolina— Mississippi— Georgia—Al- abama — South Carolina, and Guneral Sickles's Order rcla'ive thereto — Florida — Virginia, and General Terry's (Jrder suspending the Vagrant Act — Tennessee — Texas — Louisiana. V. President Johnson's Interviews and Speeches 44-63 Remarks to citizens of Indiana — Nashville Sppet-h, June 9, 18G4 — To Virginia Refugees — Interview with George L. .Stearns — Address to Colorelic Business —Correcting an Error in previous Proclama- tion — Orders respecting Reconstruction. XXXI. Members of the Cabinet and the 40th Congress 347-348 XXXII. Votes on Political Bills and Besolu- tions 349-352 To continue the Bureau for the relief of Freed- men and Refugees, and Total Exjienditures of the Bureau — Tiianks to ex-Secretary Stan- ton — Bills respecting the Supreme Court — For the further security of Eoual Rights in the District of Columbia— The Eight-Hour Law. XXXIII. Political Miscellany 352-356 Votes of State Le.ttislatures 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- bama's Ratification of XlVth Amendment, — Financial Legislation authorizing the G's o*. 1881, the 5-20's, th*' 10-4l)'s, the Consolidated Loan of 18G5, Legiv/ Tenders, Sinking Fund, and Limiting the amount of " Greenbacks." XXXIV. National Platforms of 1852, 1856, 1860 and 1864 356-364 Democratic and Whig Platforms of 1852 — Re- publican and Democratic Platforms of 1856, 1860, 1864. XXXV. Republican and Democratic Plat- forms of 1868, with the Letters of Accept- ance of Candidates, and sundry Proceedings of the Conventions 364-371 XXXVI. Statistical Tables— Elections, Rev- enue, Appropriations, &c 372-377 Election Returns since 18G0,and Electoral Col- lege — Taxation (State and United States) of Na- tional Banks — Internal Revenue Receipts of 1867 and 18G8— 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, 1806,1867, and till January 1, 1863 together with Appropriations for the year 1869, and Estimates for same. Addenda 378-382 Additional Bill respecting Freedmen's Bu- reau—The Electoral College Bill, and Presi- dent Johnson's veto, witli 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 tlieir Nominations — Secretary Seward's certificate respecting the ratification of XlVth Amend- ment — The Funding BilL •:e>j^:eit i-v— ises. XXXVII. Members of Cabinet of President John- son and of 40th Congress, 3d Session. -383-384 XXXVIII. President Johnson's last AnnualMes- aage, December 7, 1868 384-391 Reconstruction and other controverted jects. mb- XXXIX. Political Votes, 40th Congress, 3d Ses- sion— Condemnation of President Johnson's proDOsition rospoctinsf payment of tho Public Debt 391-397 Condemnatory resolutions in the Senate and House — Vote on Minority RepresentHtiou — Re- moval of Disabilities by General .\ci — Keprc- sentation of Georgia— Countmg tk(i Klertoral Vote — Bill for further .Security of Eciual Rights in District of Columbia — Bill to strenutiien Public Credit— On Repeal and on Amendment of Ten ure-of Office Act. XL. XVth Constitutional Amendment- 399-406 The Final Vote in Congress— House Joint Res- olution, (U. R. 402,) 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- 408-415 gress Additional Reconstruction Legislation — Final Votes on Virginia, Mississippi, and Texas Election Dill— Public Credit Act- Amendment to Teniue-of-Olfice Act— On Efliectof tho XVth Amendment as to .Mongolians. XLIII. President Grant's Inaugural Address, and Message on Reconstruction, and Official Proclamations of tho Year 416-421 President!; rant's Inaugural Address— His Mes- sage rospecling the Reconstruction of Virginia and Mississippi— Final Certificate of Secretary Steward respecting the Ratification of XlVth Amendment— President Johnson's Proclama- tion nf (iencral Amnesty, December 25, isas— President Grant's Virginia Election Proclama- tion—Respecting Wages of Labor— Relative to Duties upon Merchandise in French Vessels. TABLE OF CONTENTS', XLIV. Orders on Eeconstruction;— Additional Military Orders under Reconstruction Acts- How Constitution of Tezas 423-432 Orders ft'om War Department making changes in organization and command of Districts and Departments — AttorneyGeneral Evarts's Letter as to Mililary Aid to United States Marshals — Instructions to General Sleade as to Military Aid to Civil Authorities of Georgia— Orders from Headquarters of the Army as to Sentences by Courts Martial — Reassigning certain Generals to Military Distri;'ts — Orders of Generals Terry, Stoneman. Vv'ebb, and Canby (including the latter's Test-Oath Letter; in First Military District — Of General Canby 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. XLV, Judicial Decisions of United States Su- premo Court— Opinion of Attorney General on Jurisdiction of Military Commissions -433-478 On right of a State to Tax Passengers passing thro\igh it — State Taxation of United States Cer- tificates of Indebtedness — State Taxation of United States Notes — Clause'-making United States Notes a Legal Tender fir Debts lias 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 — McCardletase — Ccesar Griffin (Virginia) Case — Can aNegro hold Office in Georgia ? — In- termarriage of "White and Colored Persons in Georgia — Opinion of Attorney General Hoar as to Jurisdiction of Military Commissions in Texas. XLVI. State Platforms of 1869 478-488 California— Iowa — Mississijjpi — Ohio— Penn- sylvania- Vermont— Virginia —Washington Territory. XLVII, Votes of State Legislatures on proposed XVth Amendment to Constitution of United States 488-498 Yeas and Nays in Arkansas— Connecticut- Delaware — Florida — Georgia— Illinois— In- diana— Kansas — Kentucky — Louisiana — Maine — Massochusetts—Micliigan— Jlissouri— Neva- da — Newllampshire— New Jersey — NewYork — North Carolina— Ohio — Pennsylvania —Rhode Island— South Carolina— West Virginia— Wis- consin. XL VIII. 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 Hatters- 504-506 General Sliorman's Letter as to the surrender of General Joseph E. Johnston — Jlississippi Election Proclamation — Texas Election Proc- lamation — Female Suffrage in Massachusetts and in Congress -Proposed Religious Amend- ment to United States < onstitution — Elections of P-eO in New Hampshire, Rhode Island, Con- necticut, Miehigan, Virginia, and Washington Territory — Daniel's Virginia Election Dis- patch. IP-A.I^T V--1870. L. Members of Cabinet of President Grant and of 41st 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 Messages, 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 Afl'airs — Proclamation against Fenian Invasion of Canada. LIII. XVth Amendment 545-582 Special Jlessage on Ratification — Certificate a.< to Ratification- Act Enforcing XlVth and XVth Amendments— Remaining Yea and Nay Votes of State Legislatures on XVth Amend- ment. LIV. 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 RaWroad Company — To Northern Pacific Railroad. LV. Restoration of Virginia, Mississippi, and Texas 572-579 Act to admit Virginia — To admit Mississippi — To admit Texas — Various Propositions and Votes thereon. LVI. Declaratory Resolutions— 579-585 On Repudiation — Purchase of United States Bonds — Increasing the Currency — Tariff — Gener.al Amnesty— V.alidity of the XlVth and XVth Amendments — Re-apportioament of Con- gressional Representation. LVII. Banking and Currency 586-596 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 Votes thereon. LIX. Internal Tax and Tariff. 605-609 Propositions offered during the pendency of Tax and Tariff Measures, with Votes thereon, and amount of Reduction of Taxes thereunder. LX. Restoration of Georfjia 809-615 Act to Promote the Recoustn'.ction of the State of Georgia— Act relating to the State of Georgia— Propositions and Votes thereon. LXL Miscellaneous 613 G24 President's Message on European War and American Shipping— Act to Amend the Natu- r.'dization Laws, with Chinese, and other Prop- ositions and Votes thereon— The Cuban ques- tion, with Propositions and Votes— Bill Regu- lating Katification of Constitutional Amend- ments-New Constitution of Illinois— Plat - forms of Indiana and Ohio. LXII. Statistical Tables - 625-G80 Area of Land Staten; Land Granted to Kail- roads, Sold, and otherwise Disposed of, (Jrdy 1, 1870,) and amoimt/ t Land Remaining— Eeve- nue Receipts snd Reductions- National Debt Statement. POLITICAL MANUAL FOR 1866. I. CONSTITUTION OF THE UNITED STATES. rv''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, find secure the Blessings of Liberty to our- selves and our Posterity, do ordain and estab- lish this Constitution for the United States of America. Article I. Section 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 Pi.epresentatives. Sec. 2. The House of Representatives shall be composed of Memljers 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 r-hall be a Representative who shall not ave attained to the Age of twenty- five Yepj , and been seven Years a Citizen of the Unit-d States, and who shall not, when elected, bn an Inhabitant of that State in which he shall :.e chosen. Repiesentatives 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 made, 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. Sec. 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 three 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 Legislature of 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/hich he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have nc 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, and Disqualification to hold and enjoy any Office of honour. Trust or Profit under the United States: but the Party convicted shall nevertheless bo liable and subject to Indictment, Trial, Judg- ment and Punishment, according to Law. Sec. 4. The Times, Places and Manner of hold- ing Elections for Senators and Representatives, POLITICAL MANUAL. chall be prescribed in eacb State by the Legisla- ture tlierecf ; but the Congress may at an}^ time by Law make or alter such Regulations, ex.^ept as to tin.- place of chusing Senators. The Congress f hall assemble at least once in ever}' Year, and such Meeting sliall be on the tirst -Monday in December, unless they shall by Law a]ipoint a different Day. Sec. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall consti- tute a Quorum to do Business ; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of ab- sent Members, in such Manner, and under 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 thoir Judg- ment require Secrecy; and the Yeas and Nays of tlie Members of either House on any question f liall, at the Desire of one fifth of those Present, bo entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn I":- more than three days, nor to any other Place than thatin which the two Houses shall be sitting. Sec. 6. The Senators and Representatives shall receive a Compensation for their Services, to be .iscertained by Law, and paid out of the Treas- .\vy of the United States. They shall in all ;'ases. except Treason, Felony and Breach of the Peacb, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the fame ; and for any Speech or Debate in either House, they shall not be questioned in anv other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof sliall 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. Sec. 7. All Bills ibr raising Revenue shall originate in the House of Representatives; but the Senate may propo'^e or concur with Amend- ments as on other BilN. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, \rt presented to the President of the United Stal's; If he approve he shall sign it, but if not he s!i;il! return it, with his Objec- tions to that Plou'^e 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 sh.all agree to pass tlie Bill, it shall be Bent, together with the Objections, to the other House, by which it shall likewise be reconsid- ered, ana if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be deter- mined by yeas and Nays, and the Names of the 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 he 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 i,he Concurrence of the Senate and House of Representatives m.ay be necessary (except on a question of Adjournment) shall be presented to the President of the United States ; and before the Same shall take Etfect, shall be approved by him, or being disapproved bj^ him, shall he re- passed by two-thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Sec. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts 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 United States ; To regulate Commerce with foreign Nations, and among the several States, and with the In- dian Tribes ; To establish an uniform Rule of Naturaliza- tion, acd 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 of Weights and Measures ; To provide' for the Punishment of counter- feiting the Securities and current Coin of tho United States ; To establish Post Offices and post Roads , To promote the progress of Science and use- ful Arts, by securing for limited Times to Au- thors and Inventors the exclusive Right to their respective Writings and Discoveries ; To constitute Tribunak-- inferior to the supreme Court; To define and punish Piracies and Felonies committed on 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 for 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 the Militia according to the Discipline prescribed by Congress ; CONSTITUTION OF THE UNITED STATES. To exercise exclusive Legislation in all Cases •r^'hatsoever, over such District (not exceeding ven Miles square) as may, by Cession ofparticular 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 be, for the Erection of Forts, Magazines, Arsenals, Dock- Yards, and other needful Buildings ; — And To make all Laws which sliall be necessary and proper for carrying into Execution the fore- going Powers, and all other Powers vested by th is Constitution in the Government of the United States, or in any Department or Officer thereof. Sec. 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- mr-ration 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 OiBce of Profit or Trust under them, shall, without the Consent of the Congress, accept of any pres- ent. Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Sec. 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 Thing 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 ; und all such Laws shall be subject to the Revis- ion and Controul of the Congress. No St-ate shall, without the Consent of Con- gre-<, lay any Duty of Tonnage, keep Troops, or piiips of Wai in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of Delay. Aeticlii: 11. Sec. 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 not 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 House cdf 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 such Number be a Majority of the whole Number of Electors appointed ; and it there be more than one who have such Jlajority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President ; antJ if no Person have a Majority, then from thb five highest on the List the said House shall in like Manner chuse the President. But in chus- ing the President, the Votes shall be taken by States, the Representation- from each State hav- ing 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 necessarj' to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if 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 Daj'' 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 not 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 * This clause of the Oonstitution has been anaulled. Sop twelfth article of the Amondmeats. PULITICAL MANUAL, to discharge the Powers and Duties of the said Office, the same sliall devolve on the Vice Presi- dent, and the Congnss may by Law provide for the Case of Removal, Death, Resignation, or In- ability, both of the President and Vice President, declaring what Officer shall then act as Presi- dent, and such 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 otlier Emolument from the United States, or any of tliem. 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; ue may require the Opinion, in writing, of ttie principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shail have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeacliment. ^le shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, [provided two thirds of the Senators present concur ; and he 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 ail 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 ®f such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in ihe Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which •tall expire at the End of their next Session. >}ec. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to tiieir Consideration such Measures as he shall judge necessary and expe- dient; he may, on extraordinary Occasions, con- vene both Houses, or either of them, and in i'ase of Disagreement between them, with Re- upect to the Time of Adjournment, ho may adjourn them to such Time as he shall think profier : he sliall receive Ambassadors and other public Minist'jrs; and he shall take Care that the Laws be faithfully executed, and he shall Commission all the officers of the United States. Sec. 4. The President, Vice President and all civil Officers of the United Stales, shall be re- moved from Office on Impeachment for, and Conviction of, Treason, Bribery, or other liigh Crimes and Misdemeanors. Article III. Sec. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Sec. 2. The judicial Power shall extend to all cases, in Law and Equity, arising under this Con- stitution, t!ie Laws of the United States, and Treaties made, or which shall be made, under their Authority ; — to all Cases aifecting Ambas- sadors, other public Ministers, and Consuls ; — to all Cases of admiralt}' and maritime Jurisdic- 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 pub- lic Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall 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 of Impeachment, shall be by Jury ; and such Trial shall be held in the State where the said Crimea shall have been committed ; but when not com- mitted within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Sec. 3. Treason against the United States, shall consist only in levj' ing War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall oe convicted of Trea- son unless on the Testimony of two Witnesses to tlie same overt Act, ar on Confe.ssion 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. Sec. 1. Full Faith and Credit shall by given in each State to the public Acts, Records, and judicial Proceedings of every other State. And tiie Congress may by general Laws prescribe the Manner in wliich such Acts, Records and Pro- ceedings shall be proved, and the Etlect thereof. Sec. 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, sliall on Demand of the executive Autliority of the State from wiiich he fled, be delivered up, to be re- moved to the State having Jurisdiction of the Crime. No Person held to Service or Labovu; iu Qua CONSTITUTION OF THE UNITED STATES. Stato, unf]er the Laws thereof, escaping into 'another, shall, in Consequence of any Law or Regulation 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. Sec. 3. New States may be admitted by the Congress into this Union ; but no new State shall be foi-med 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 Legif^latures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Ptules and Regulations respecting the Territory or other Property be- longing to the United States; and nothing in this Constitution shall be so construed as 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 convened) against domestic Violence. Article 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, sliall 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 eiglit shall in any Manner afl'ect 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. Article VI. All Debts contracted and Engagements en- tered into, before the Adoption of tliis 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 States which shall be made in Pursuance tliere- 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 tlie 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 Members of the several State Legislatures, and all e.xecutive and judicial Offi- cers, both of the United States and of the several States, shall 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 States. Article VII. The Ratification of the Conventions of jiine States, shall be sufficient for the Establisliment of this Constitution between the S'tates so ratify- ing the Same. Amendments. Art. 1. Congress shall make no law respect- .ng 3n 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. Art. 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, shall not be infringed. Art. 3. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed bj' law. Art. 4. The right of the people to be secure in their persons, houses, papers, and eftects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affir- mation, and particularly describing the place to be searched, and the persons or things to be seized. Art. 5. No person shall be held to answer for a capital, or otlierwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in tiie laml or naval forces, or in the Militia, when in actual service in time of AVar 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 pioperty, without due process of law ; nor shall private property be taken for public use, without just compensation. Art. 6. In all criminal prosecutions, the ac- cused shall enjoy the right to a speedy and pub- lic trial, by an impartial jury of the State and district wlierein the crime sliall 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. Art. 7. In Suits at common law, wliere the value in controversy shall exceed twenty dol- lars, the right of trial by jury shall be preserved, and no fact tried by a jurj^ shall be otherwise re-examined in any Court of the United States, than according to the rules of the common lav/. Art. 8. Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and un- usual punishments inflicted. Art. 9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Art. 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. Art. 11. The Judicial power of the United POLITICAL MANUAL. Spates shall not be construed to extend to any ::iit in law or equity, commenced or prosecuted against one of tne tJnited States bj^ Citizens of another State, or by Citizens or Subjects of any Foreign State. Art. 12. The Electors shall meet in their respective states, and vote by ballot for Presi- dent and Vice-President, one of whom, at least, bhall 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 tlie persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Piepresentatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state Imving one vote ; a quorum for this purpose shall consist of a member or members from two thirds of the slates, and a majority of all the states shall be necessary to a clioice. And if the House of Rep- resentatives shall not choose a President when- ever the right of choice shall devolve apon them, 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 fuch number be a majority of the whole number of Electors ap- rointed, and if no person have a majority, then Irom the two highest numbers on the list, tlie iSenate shall choose the Vice-President; a quo- rum for tlie purpose shall consist of two thirds of tlie whole number of Senators, and a majority of tlie wliole 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 Amendment, known as the 13th Amendment. V,-ILLI.\.M U. SEWARD, EECRETARY OF STATE OF THE UNITED STATES, 2'o all to whom these presents may come, greeting: Know ye, that whereas the Congress of the United States on the 1st of February last passed a resolution which is in the words following, namely " A resolution submitting to the Legislatures of the several States a proposition to amend the Constitution of the United States. "Resolved by the Senate and House of Repre- sentatives 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, to all intents and purposes, as a part of the said Constitution, namely : Article XIIL " Sec. 1. Neither slavery nor involuntary 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 shall have power to enfori>3 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, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Ver- mont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia — 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 oi 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 second 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 tho 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 o{ 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. Seward, 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 PROCLiMATIONS. Respecting Commercial Intercourse with. In- surrectionary States, April 29, 1865. Executive Chamber, Washington, April 29, 1865. Being desirous to relieve all loyal citizens and well-disposed persons, residing in insurrectionary 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 Carolina, South Carolina, Georgia, Florida, 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 artproved by the President ; and excepting also from the efi'ect of this order the following articles contra- band of war, to wit : arms, 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. All 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. Andrew Johnson. Executive Order for the Trial of the Alleged Assassins of President Lincoln, May 1, 1865. Executive Chamber, Washington City, Maij 1, 1865. Whereas, the Attorney General of 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 their aiders and abel.tors, are subject to the jurisdiction of, and lawfully triable before, a mili- tary commission : it iii 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 tlie 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 commission, 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. Andrew Johnson. order for the execution of the sentence of the commission. Executive Mansion, July 5, 1865. The foregoing sentences in the cases of Da\*id E. lierold, G. A. Atzerodt, Lewis Payne, Michael O'Laughlin, 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 direction of the Secretary of War, on the 7th day of July, 1865, between thehoursof 10 o'clock, 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. Andrew Johnson, Fresident. [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 C. Clay, Beverly Tucker, George N. Sanders, William C. Cleary, POLITICAL MANUAL. s.] and other rebels a«d 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 of 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 Jeiferson Davis. Twenty-five thousand dollars for thfi arrest of Clonienc 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. Ten 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 ptiblished. 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 Maj', in the year of our Lord one thousand eight hundred and sixty-five, and of the Independence of tlie United States of America the eighty-ninth. Andrew Johnson. By the President: W. Hunter, Acting Secretary of State. Exocutivo Order to Re-establisli the Authority of the United States, and Execute the Laws within the Geographical Limits known as the State of Virginia. Executive Cuamber, Washington City, May 9, 1865. Ordered — 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 Smitli were late the respec- tive chiefs, are declared null and void. All persons wlio 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 wiis released under this ordei-: War Department, Adjuta.nt Gr.xERAi,'s Office, Washinotox, April 17, 1SG6. Maj. Gen. N. A. Miles, Commanding, tCc, Fortivss Monroe, Virginia: OnU.reA, That Clement C. Clay, Jr., is licreliy rdea-sed from confiiienicnt, niid permitted to return to and remain in the State of Alabama, and to visit kucIi other iihures in the United States as his persuiial Imsiness may render alwcj- lutoly necessary, upon the lollowin^ coiiditions, viz : th;it Jfj takes the oath of allegiance to the United States, and gives liis parole of honor to conduct himself us a loyal citi- zen of the same,and to report himself in person at any time and phico to answer any char;;es that may hereafter bo pre- pared against him by the United States. Please report receipt and execution of this order. By order of the President of the United Stales : E. D. TOWNSEXD. Assistant Adjutant General. city of Richmond, and his confederates, oi under John Letcher or William Smith and their con- federates, or under any pretended political, mili- tary, or civil commission or authority issued by them, or either of them, since the 17th day of April, 1861, shall be deemed and taken as in rebellion against the United States, and shall be dealt with accordingly. Second. That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the Depart- ment of State, applicable to the geographical limits aforesaid. Third. That the Secretary of the Treasury proceed, without delay, to nominate for appoint- ment, assessors of taxes and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and shall put into execution the revenue laws of the United States within the geographical limits aforesaid. -In making appointments, the pref- erence shall be given to qualified loyal persons residing within the districts where their respec- tive duties are to be performed. But if suitable persons shall not be found residents of the dis- tricts, tlien persons residing in other States or districts shall be appointed. Fourth. That the Postmaster General shall proceed to establish post offices and post routes, and put into execution the postal laws of the United States within the said States, giving to loyal residents the preference of appointment; but if suitable persons are not found, then to ap- point agents, &c., from other States. Fifth. That the district judge of said district proceed to hold courts within said State, in accordance with the provisions of the acts of Congress. The Attorney General will instruct the ] iroper officers to libel and bring to judgment, confiscation, and sale, property subject to confis- cation, and enforce the administration of justice within said State, in all matters civil and criminal within tlie cognizance and jurisdiction of the Federal courts. Sixth. That the Secretary of War assign such assistant provost marshal general, and such provost marshals in each district of said State as he may deem necessary. Seventh. The Secretary of the Navy will take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of Congress in relation to naval affairs having application to the said State. Eiijhth. The Secretary of the Interior will also put in force the laws relating to the Depart- ment of the Interior. Ninth. That to carry into effect the guaranteo of the Federal Constitution of a republican form of State government, and afford the advantage and security of domestic laws, as well as to com- plete the re-establishment of the authority of the laws of the United Slates, and the full and com- [ilete .-estoration of ])eace within the limits afore- said, Francis IT. Pierpoiut, Governor of the State of Virginia, will be aided by the Federal Govern- ment, so far as may be necessary, in the lawful measures which he may take for the extension and administration of tlie State Government throughout the geographical limits of said State, ORDERS AND PROCLAMATIONS. In testimony whereof, I liave hereunto set my r -, hand and caused the seal of the United ■• ■■' States to be affixed. Andrew Johnson. By the President: W. Hunter, Acting Secretary of State. Equality 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; 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 shall 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 rnay be deemed advisat;le 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 r 1 thousand eight hundred and sixty-five, ^ ' ■-' and of the independence of the United States of America the eighty-ninth. Andrew Johnson. By the President: W. Hunter, Acting Secretary of State. Commercial Intercourse and the Blockade, May 22, 1865. 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 coninierce 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, bt it known that I, Andrew Johnson, President of the United States, do here- by declare that the ports aforesaid, not excepted 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 prescribed 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 hundred 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 make 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 1 give notice that, from the date of this proclamation, all such offenders will 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 cotton, 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: W. Hunter, Acting Secretary of State. Of Amnesty, May 29, 1865. Whereas the President of the United States, on the 8th day of December, A. D. eiditeen hundred and sixty-three, and on the 26tn day of March, A. D. eighteen hundred and sixty- four, did, with the object to suppress tlie 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 who had directly, or by implication, participated in the said rebellion ; and whereas many persons who had so engaged in said rebellion, have, since the 10 POLITICAL MANUAL, lEsuance of said proclamations, failed or neg- lected to take the benefits offered 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 bj' 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, Pre=;ident of the United States, do proclaim and declare that I hereby grant to all persons who have, directly or indirect!}', 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 v/hich oath shall be registered for permanent preservation, and shall be of the tenor and effect toUowmg, 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 from the benefits of this proclamation : 1st. All who are or shall have been pretended civil or diplomatic ofiicers 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 Iiave been military or naval officer.s of said pretended confederate govern- ment above tlie 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 tiian 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 aidinf; the rebellion. 8th. 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 Naval Academy. 0th. All persons who held the pretended offices of governors of States in insurrection against the United States. 10th. All persons who left their homes within the jurisdiction and protection of the United States, and passed beyond the Federal military lines into the pretended confederate States for the purpose of aiding the rebellion. 11th. All persons who have been engaged in the destruction of the commerce of the United States upon the high seas, and all persons who have made raids into the United States from Canada, or been engaged in destroying the com- merce of the United States upon tlie lakes and rivers tha.t separate the British Provinces from the United States. 12th. All persons who, at the time when they seek to obtain the benefits hereof b}' taking the oath herein prescribed, are in military, naval, or civil confinement, or custody, or under bonds of the civil, military, or naval authorities, or agents of the United States, as prisoners of war, or per- sons detained for offences of any kind, either before or after conviction. 13th. All persons who have voluntarily par- ticipated in said rebellion, and the estimated value of whose taxable property is over twenty thousand dollars. 14th. All persons who have taken the oath of amnesty as prescribed in the President's pro- clamation of December 8, A. D. 1863, or an oath of allegiance to the Government of the United States since the date of said proclama- tion, and who thenceforward kept and main- tained the same inviolate. Provided, That special application may be made to the President for pardon by any person belonging to the excepted classes ; and such clemency will be liberally extended as may be consistent with the facts of the case and the peace and dignity of the United States. The Secretary of State will establish rules and regulations for administering and recording said amnesty oath, so as to insure its benefit to the people, and guard the Government against fraud. 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 twenty- ninth day of May, in the year of our r 1 Lord one thousand eight hundred and l-^ 'J sixty-five, andof the Independence of the 'United States the eighty-ninth. Andrew johxson. By the President: William H. Seward, Secretary of State. circular. Department of State, W.\SHiNGTON, May 29, 1865. Sir: a copy of the President's amnesty proc- lamation of this date is herewith appended. By a clause in the instrument, the Secretary of State is directed to establish rules and regula- tions for administering and recording the am- nesty oath, so as to insure its benefit to the peo- ple and guard the Government against fraud. Pursuant to this injunction, you are informed that the oath prescribed in the proclamation may bo taken and subscribed before any com- ORDERS AND PROCLAMATIONS. 11 missioned officer, civil, military, or naval, in the service of the United States, or any civil or mili- tary officer of a loyal State or Territory, who, by the laws thereof, may be qualified for admin- istering oaths. All officers who receive such oaths are hereby authorized to give certified copies thereof to the persons i-espectively by whom they were made. And such officers are hereby required to transmit the originals of such oaths, at as early a day as may be convenient, to this Department, where they will be depos- i*-,ed, and remain in the archives of the Govern- ment. A register thereof will be kept in the Department, and on application, in proper cases, certificates will be issued of such records in the customary form of official certificates. I am, sir, your obedient servant, William H. Seward. Appointing "William W. Holden Provisional Gov- ernor of North Carolina, May 29, 1865. Whereas the fourth section of the fourth article of the Constitution of the United States declares that the United States shall guarantee to everj'- State in the Union a republican form of gov- ernment, and shall protect each of them against invasion and domestic violence ; and whereas the President of the United States is, by the Con- stitution, made commander-in-chief of the army and navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed ; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the Govern- ment thereof, in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of North Carolina of all civil gov- ernment; and whereas it becomes necessary and proper to carry out and enforce the obligations of tlie United States to the people of North Carolina, in securing them in the enjoyment of a republican form of government: Now, therefore, in obedience to the high and solemn duties imposed upon me by the Consti- tution of the United States, and for the purpose of enabling the loyal people of said State to organ- ize a State government, whereby justice may be established, domestic tranquillity insured, and loyal citizens protected in all their rights of life, liberty, and property, I, And'-ew Johnson, President of the United States, and Commander- in-Chief of the army and navy of the United States, do herebj' appoint William W. Holden Provisional Governor of the State of North Carolina, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be cliosen by that portion of the people of said State who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with au- thority to exercise, within the limits of said State, all the powers necessary and proper to enable Buch loyal people of the State of North Carolina to restore said State to its constitutional relation!^ to the Federal Government, and to present such a republican form of State government as will entitle the State to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection, and domestic violence ; Provided, that in any election that may be hereafter held for choosing delegates to any State convention, as aforesaid, no person shall be qualified as an elector, or shall be eligible as a member of such convention, unless he shall have previously taken the oath of amnesty, as set forth in the President's proc- lamation of May 29, A. D. 1865, and is a voter qualified as prescribed by the Constitution and laws of the State of North Carolina, in force immediately before the 20th day of May, 1861, the date of the so-called ordinance of secession ; and the said convention when convened, or the Legislature that may be thereafter assembled, will prescribe the qualification of electors, and the eligibility of persons to hold office under the Constitution and laws of the State, a power the people of the several States composing the Fed- eral Union liave rightfully exercised from the origin of the Government to the present time. And I do hereby direct: First. That the military commander of the Department, and all officers and persons in the military and naval service aid and assist the said Provisional Governor in carrying into effect this proclamation, and they are enjoined to ab- stain from, in any way, hindering, impeding, or discouraging the loyal people from the organiza- tion of a State Government, as herein authorized. Second. Tliat the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State De- partment, applicable to the geographical limit3 aforesaid. Third. That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes and collectors of customs and internal rev- enue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference sihall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But, if suitable residents of the districts shall not be found, then persons residing in other States or districts shall be appointed. Fourth. That the Postmaster General proceed to establish post offices and post routes, and put into execution the postal laws of the United States within the said State, giving to loyal resi- dents the preference of appointment ; but if suit- able residents are not found, then to appoint agents, Ac, from otlier States. Fifth. That the district judge for the judicial district in which North Carolina is included pro- ceed to hold courts within said State, in accord- ance with the provisions of the act of Congress. The Attorney General will instruct the proper officers to libel, and bring to judgment, confisca- tion and sale, property subject to confiscation, and enforce the administration of justice within said State in all matters within the cognizance and jurisdiction of the Federal courts. 12 POLITICAL MANUAL. Sixth. That the Secretary of the Navy take possession of all public property belonging to the Navy Department, within said geographical limits, and put in operation all acts of Congress in relation to naval affairs having application to the said State. Seventh. That the Secretary of the Interior put in force the laws relating to the Interior Department, applicable to the geographical limits aforesaid. In testimony whereof, I have hereunto set my hand and caused the great seal of the United States to be affixed. Done at the city of Washington, this twenty- ninth day of May, 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. Andre-w Johnson. By the President: William H. Seward, Secretary of State. 1865, June 13 — A like proclamation was issued, appointing William L. Sharkey, Pro- visional Governor of Mississippi. 1865, June 17 — James Johnson appointed Pro- visional Governor of Georgia. 1865, June 17 — Andrew J. Hamilton appointed Provisional Governor of Texas. 1865, June 21 — Lewis E. Parsons appointed Provisional Governor of Alabama. 1865, June 30 — Benjamin F. Perry appointed Provisional Governor of Souih Caro- lina 1865, July 13 — William Marvin appointed Provisional Governor of Florida. Orders Eespecting Freedmen. Executive Mansion, Washington, D. C, June 2, 1865. Whereas, By an act of Congress, approved March 3, 1865, there was established in the War Department a Bureau of Refugees, Freedmen, and Abandoned Lands, and to which, in accord- (vnce witli the said act of Congress, is committed the supervision and management of all aban- doned lands, and the control of all subjects relat- ing to refugees and freedmen from rebel States, or from any district of country within the terri- tory embraced in the operations of the army, under such rules and regulations as may be pre- scribed by the head of ene bureau, and approved by the President; and whereas, it appears that the management of abandoned lands, and sub- jects relating to refugees and freedmen, as afore- said, have been, and still are, by orders based on military exigencies, or legislation based on previous statutes, partly in the hands of military officers disconnected with said bureau, and part- ly in charge of officers of tlie Treasury Dej)art- ment; it i.s therefore Ordered, That all officers of the Treasury Department, all military officers and others in the service of the United States, turn over to the authorized officers of said bu- reau all abandoned lands and property contem- [dated in said act of Congress, approved March tliird, eigliteei; hundred and sixty-five, estab- lishing the Bureau of Refugees, Freedmen, and Abandoned Lands, that may now be under or within their control. They will also turn over to sucli officers all funds collected by tax or otherwise for the benefit of refugees or freedmen, or accruing from abandoned lands or property set apart for tlieir use, and will transfer to them all official records connected with the adminis- tration of aflaii's which pertain to said Bureau. Andrew Johnson. By order of the Secretary of War: E. D. TowNSEND, Ass't Adj't General. Circular Xo. 15. War Department, BuEEAU Refugees, Freedmen, and Abandoned Lands, Washington, D. C, September 12, 1865. I. Circular No. 13, of July 28, 1865, from this bureau, and all portions of circulars from this bureau conflicting with the provisions of this circular, are hereby rescinded. II. This bureau has charge of such " tracts of land within the insurrectionary States as shall have been abandoned, or to which the United States shall have acquired title by confiscation or sale, or otherwise," and no such lands now in its possession shall be surrendered to any claim- ant except as hereinafter provided. III. Abandoned lands are defined in section 2 of the act of Congress approved July 2, 1804, as lands, " the lawful owner whereof shall be voluntarily absent therefrom, and engaged either in arras or otherwise in aiding or encouraging the rebellion." IV. Land will not be regarded as confiscated until it has been condemned and sold l)y decree of the United States court for the district in which the property may be found, and the title thereto thus vested in the United States. V- Upon its appearing satisfactorily to any assistant commissioner that any propert}' under his control is not abandoned as above defined, and itliat the United States has acquired no title to it by confiscation, sale or otlierwise, he will formally surrender it to the authorized claimant or claimants, promptly reporting his action to the Commissioner. VI. Assistant commissioners will prepare accu- rate descriptions of all confiscated and abandoned lands under their control, keeping a record there- of themselves, and forwarding monthly to the Commissioner copies of these descriptions in the manner prescribed in circular No. 10, of July 11, 1865, from this bureau. They will set apart so much of said lands as is necessary for tiie immediate 'use of loyal refu- gees and freedmen, being careful to select for this purpose those lands which most clearly fall under the control of this bureau, which selection must be submitted to the Commissioner for his approval. The specific division of lands so set apart into lots, ana the rental or sale thereof, according to section 4 of tlie law establishing the bureau, will be completed as soon as practicable, and reported to the Commissioner. VII. Abandoned lands held by this bureau ma}^ be restored to owners pardoned by the Pres- ident, by the assistant commissioners, to whom applications for such restoration should be for- warded, so far as practicable, through tlie super- intendents of the districts in which the lands aro situated. ORDERS AND PROCLAMATIONS. 13 Each application must be accompanied by — 1st. Evidence of special pardon oy the Presi- dent, or a copy of the oath of amnesty pre- ecribed in the President's proclamation of May 29, 1865, when the applicant is not included in any of the classes therein excepted from the benefits of said oath. 2d. Proof of title. Officers of the bureau through whom the ap- plication passes will indorse thereon such facts as may assist the assistant commissioner in his decision, stating especially the use made by the Dureau of the land. VIII. No land under cultivation by loyal refugees or freedmen will be restored under this circular, until the crops now growing shall be secured for the benefit of the cultivators, unless full and just compensation be made for their labor and its products, and for their expendi- ures. 0. 0. Howard, Major General, Commissioner. Approved: Andrew Johnson, President of the United States. For the Eeturn to Persons Pardoned, of their Property. Executive Office, Avr/ust 16, 1805. Respectfully returned to the Commissioner of Bureau Refugees, Freedmen, &c. The records of this office show that B. B. Leake was spe- cially pardoned by the President on the 27th ultimo, and was thereby restored to alibis rights of property, except as to slaves. Notwithstand- ing this, it is understood that the possession of his property is withheld from him. I have, therefore, to direct that General Fisk, assistant commissioner at Nashville, Tennessee, be in- structed by the Chief Commissioner of Bureau of Freedmen, &c., to relinquish possession of the property of Mr. Leake, held by him as assistant commissioner, &c., and that the same be imme- diately restored to the said Leake. The same action will be had in all similar cases.* Andrew Johnson, President United States. To 0. 0. Howard, Maj. General, Com'r Freedmen s Affairs. Eespecting Commercial Intercourse, and the Suppression of the Eobellion in the State of Tennessee, June 13, 1865. Whereas by my proclamation of the twenty- ninth of April, one thousand eight hundred and sixty-five, all restrictions upon internal, ♦Extract from letter of General Howard, April '23, 1866, in reply to resolution of the House of Representatives of March 5, 18G6: '• In cuniplying with these definite instructions, the bu- reau has been compelled to part with the greater portion of the property once under its control. Except in the very few cases where property has been actually sold under the act of July 17, 1862, and in that portion of South Carolina and Oeornia embraced in the provisions of General Sher- man's field Order No. 15, its tenure of property has been too uncertain to justii'y allotments to freedmen. Acres. Property seized under act of July, 1862, and re- storeAVIS 'i'lLLSO.V, Srig. Gen. of Vols. [Answer.] Abjotajjt General's Office. War Bepaetment, Washington, Jpril 17, 1866. The President's proclamation does not remove martial law, or operate in any way upon the Freedraeii'.s Bureau in the exercise of its hgitimate jurisdiction. It is not expe- dient, hiiwi'-ver, to resort to military tribunal in any case where justice can be attained through the medium of civil ftiithority. E. D. ToWnsend, A. A. G. TO GOVERNOR WORTH, OF NORTH CAROLINA. AVashington, D. C, April 27. 1S06. To Gov. Worth: I am directed by the Pre-^ident to inform ynu that by his jiroclamation of Ai)ril 2. ISCO, it was not intended to interfere with military commissions at that time or previously organized, or trials then pending before such commissions, tinless by special instructions the accused •were to be turned overthecivil authorities. General Ruger has been instructed to proceed with the trial to which you refer; but tiefcre the execution of any sentence rendered by 6:ii(I commission, to report all the proceedinss to the War Department for examination and revision. There has been an order tliis day prepared, and Avliich will soon be issued, which will relieve and settle all embarrassment growing O-.it of a misconstruction of the procl-imatioM, of which I •*ill send you a copy. Edmund Coopck, Acting P)-ivate Secretary to the P)tsidatt. 2 qaalified, over tliose who have nat faithfully and honorably served in the land and nav;J forces of the United States. Akdhew JonNso:^. Order In Relation to Trials by Military Courts and Commissions. War Department, Adjutant General's Office, Washington, Ifaij 1, 1866. Oeneral Orders JVo. 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, 1866, upon trials by military courts- martial and military offenses, to remove such doubts, it is ordered by the Pre«iident that — Hereafter, whenever offenses 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 ciyil author- ities. This order is not applicable to camp fol- lowers, as provided for under the 60th 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 Pv.ules 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 rv,ule3 and Articles of War and acts of Congress, herein- after cited, to wit : Sixtieth of the Hides 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. ■«• * * By order of the Secretary of War : E. I). TuWNSEND, Assista)it Adjutant General. Against the Fenian Invasion of Canada, Juno 6, 1366. 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 cf the United States against colonies, districts, and people of British North America, within the dominions of the United Kingdom of Great Britain and Ireland, with which said colonies, districts, and people, and kingdom the United States are at peace ; And whereas the proceedings aforesaid consti- tute a high mi.-idemeanor, forijidden by the laws of the United States, as well as by the law of nations: Now, therefore, for the purpose of preventing the carrying on of the unlawful expedition and enterprise aforesaid, from the territory and jurisdiction of the United States, and to main- tain the public peace, as well as the national honor, and enforce obedience and resji^ct to the 18 POLITICAL MANUAL- liiws of the Unitcfl States, T, Andrew Johnson, President of the United States, do admonish and T\'aru all good citizens of the United States aaainst taking part in or in any wise aiding, countenancing, or ahetting said unlawful pro- ceedings, and I do exhort all judges, magistrates, marshals, and officers in theservice of the United States, to emplo}' all their awi'ul authority and power to prevent and defeat the aforesaid un- lawful proceedings, and to arrest and brin» 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 aa- tliorize and empower ]).Iaj or General George G. Meade, commander of the Militan- 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 htirehereunto ?Ki. my hand, and caused the seal of the United Statra to be atiixed. Done at the city r>f Washingtons the sixth day of June, in the year of our Lonl onv [SEAI>,] thousand eight hundre^i and sixty- six, and of the Independence of thf United States the ninetieth. Andrew Jobnsois. By ths' President: William H. SirwAEi>, Secretary &/ State. * Circuletr to tht Pistrict Altnmeys and Slarslials of the Vnitul .Statea. ATT0K3ET GErrenAi-'s Otftce, Vt.KsmyoToy, I>. C, Jnr.» 5. 1S6G. — V,y «Tirectioii of tlie Presiilent yon are Jten-liy in-- '-trTfcted to cause the arrest of ji 11 prfimineiit, leailinL'. OJ conspicnons persons calletJ Fenians, wljon* vou im;iy ha7» probalile cause to believe have been or nisiy be giiilty oJ vioUiticvn!' of tlie oeiitraUty laws of the Uniteil States. jAjBEg SpKEn, Mtiorrtit^ Gtneral. III. ACTION OF THE CONVENTIONS AND LEGISLATURES OF THE LATELY INSURRECTIONARY STATES. KORTH CAROLINA. 18G5, April 27— Gen, Schofield announced the cessation of hostilities within that State. April 2-S- — Gen. Scholield issued an order that, onder tlie emancipation proclamation, all per- sons heretofore heid as slaves are now free, and that it is the doty of the array to laaiDtain their freedom. May 29 — William W, Ilolden appointed Pro- visional Governor, June 12 — Provisional Goa'crnor Holden issued hi.s proclamation announcing his purpose to or- der at election for a convention, and to appoint justices of the peace to administer the oath of allegiance and condoct the election, &c. July — President Johnson ordered the cot- tion 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 Gcn'emor Ilolden fixed Thurs^laj', September 21, for the election of a convention. Voters' qualifications are thus prescribed: "No person will be allowed to vote whois not & voter qualified as prescribed by the constitu- tion and laws of the State in force immediately before the 20th day of May, 1801, except tha't the payment of poll tax shall not be required. " All paroled ifoldiers of the arrny 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, Tinder and including the rank of colonel, if of the army, and under and including tlie rank of lieu- ienaat, if of the na,yy, will be allowed to vote, pro- vided they are not iEclBded in any of thefomrteen excluded classes of the President's amnesty pro- cln;mation ; and, provided further, that they arc citizens of the State in accordanee with tbs terroc prescribed in the preceding par.'sgraph. " No person will be allowed to vote who does. not exhibit to the inspectors a copy of the an> nesty oath, as contained in the President's pro^ claraation of May 29, ISGS', signed by himseJi and certified by at least two justices of the peace.' The convention to meet October 2. September 20 — The colored people o'f the State met in convention in Paleigh, and petitioned for legislation to secure com'pensation for labor, an'^ eiiable them to educate titeir children, and ask- ing protection for the family relation, and for the repeal of oppressive laws making unjttst dis- criminations on account of race or color. October 2 — Convention met. October 7 — The secessiiOn ordinance declarefj " null and void." October 9 — An ordinancs pasced, declaring slavery forever jirohibited within th.c State. October 10 — Ordinance .patsed, providing for an election for Governor, members of the Legis- lature, and seven members of Congress November 9, the Provisional Governor to give the certifi- cates. Each member cf the Legislature, and each voter to be qualified " according to the now existing constitution of t'.ie State ' : Provided, That no one shall be di^ible to a seat, or be c?.- pable of voting, who, being free in all respects, sliall not, before May/IO, 1«G5, have taken Presi- dent Lincoln's amn'-s'.}- oath, or have taken Presi- dent Johnsoa's oaik, aud .vho shall not ia CONVENTION? AND LEUISLATURES. in cither case be of the excepted classes. All per- sons who have preferred 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 Dhall 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 — Resolution adopted, requesting Congress to repeal the "test-oath." October 18— President Johnson sent this tele- gram : Executive Office, Washingtoit, D. C, October 18, 1865. YI. \Y. HoLDEN, Provisional Oovernor: Every dollar of the debt created to aid the rebellion against the United States should be re- pudiated finally and forever. The great mass of the people should not be taxed to pay a debt to aid m carrying on a rebellion w-hich 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 ioj-al people of North Carolina should be exon- erated from the payment of every dollar of in- debtedness created to aid in carr3'ing 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 recentlj' crushed by the strong arm of the Government in carry- ing out the obligations imposed by the Constitu- tion of the Union. Andkew Jon>'sox, President of the United States. October 19 — Ordinance pa?sed, that no officer of this State who may have taken an oath of office to support the constitution of the Confed- erate States, shall be capable of holding under the State any office of trust or profit wnich he iield when he took such oath, 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 Representatives 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 25,309 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. MISSISSIPPI. 1865, May 10 — Governor Clark called an extr-i 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 department: "By direction of the Presi- dent, you will not recognize any officer of the Confederate or State government, within tho limits of your command, as authorized to exe* cise in any manner whatever the function? :jf 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 will 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 for a Convention — August 7th — voters to have these qualifications : " Voters for delegates to this convention must possess the qualifications required by the consti- tution and laws as they existed prior to the 9th day of January, 1861, and must also produce a certificate that they have taken, before a com- petent officer, the amnesty oath prescribed by the proclamation of the 29ch 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, WASnixGTOiT, D. C, August 15, 1865. Governor W. L. Shakket, Jackson, Miss. : I am gratified to see that you have organized your Convention without difficulty. I hope that without delay your Convention will amend your State constitution, abolishing slavery and deny- ing to all future legislatures the power to legis- late that there is property in man ; also that they will adopt the amendment to the Constitution of 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 fifcy dollars, and pay taxes thereon, you would com- pletely disarm the adversary and set an exjimple 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, the radicals, who are wild upon negro franchise, will be completely foiled in their attempt to keep the eouthern Stat«« 20 POLITICAL MANUAL. from rene\vin£; their relations to the Union hy not accepting t!ieir senators and representatives.* Andrew Jcii\s:on, President of the U. S. August 21 — Orcinanoe passed that " the insti- tution of shivery having oeen destroyed in the State of Mississippi," rieithor slavery nor invol- untary servitude, &c., shall hereafter exist in the State. August 21 — An election ordered for first Mon- day in October for State and county officers, and Representatives in Congress in the several con- E;ressional districts as they were fixed by the egislature in 1857. August 22 — Secession ordinance declared null and void. October 7 — The colored citizens of Mississippi met in convention, and protested against the re- actionary policy prevailing, and expressing the fear that the Legislature will pass such prescrip- tive laws as will drive the freedmen from the State, or practically re- enslave them. October IG — Legislature met. October 17 — Benjamiu G. Humphreys inaugu- rated Governor. November 20 — Governor Humphreys sent a message recommending that negroes be permitted to sue and be sued, ancl give testimon}-, and that the freednien be en-couraged to engage in pur- suits of industry, and that a militia bill be passed, " to protect our people against insurrec- tion, or any possible combination of vicious white men and negroes." Kovember 24— -Bill passed "reserving twenty per cent, of the revenue of the State as a fund for the relief of destitute disabled Confederate and State soldiers, and their widows, and for the support and education of indigent children of deceased or disabled Confederate or State sol- diers, to be distributed annually," &c. November 27 — The joint committee reported against ratifying the anti-slavery amendment, 'jr reasons given ; and the Legislature adopted it. November 29 — The Legislature adopted a memorial to the Congress of the United States, asking for the repeal of the " test oath." No- vember 22, one for the pardon of Jacob Thomp- son. November 8, one for the pardon of Jeffer- son Davis. December 1 — The name of Jones county changed to Davis. December 5 — Bill passed, taxing each male inhabitant of the Slate, between 21 and GO, §1, and authorizing any person having in his or her employ any one subject to the tax, to pay it and charge it tij the person for whom paid. All offi- cers and enlisted men who have herei'ore received *A« Iifiirin;.; upon this iioiiit, this letter liom the lato rresiUfiit Lincoln, ou a simihir occiision, Ims v;ilue: K.XIXUTIVE M.vxsiov, W.YSin.vGTON, Mui-cli 13, 1S64. ITnn MicnArtllvns: jMy UK.inSlu: I congrafnl.'ite yon on bavins fixed ynur nfimo ill lii.story ns the liist free .'^tiiteUnviMiioror Louisiana. Now yon Bi'o about to li:ivo ii ci^nvention, which, iiinonK other tliiii;;3, will proh.ihly defui" the olretive frauehiso. 1 barely sng^est, for your private consideration, whether •omo of the colored people may not lie let in, as, for iostance, the veiy intelligent, and etpecially tlio-' : Will you please inform mo whether the South Carolina members of Congress should be in Washington at the org:inization of the House Will the Clerk of the House call their names if their crodenlials are presented to him? Wiil the test oath be required, or will it be refused by Congress? H the members are not allowed to take their seats they do nc)t wish to incur tlie trouble and expense of going on, and the mortidcation of being rejected. Do give your views and wishes. B. F. pEnRY, Provisional Governor. Executive Office, Washington, D. C, November 27, 1865. B. F. Perry, Provisional Governor: I do not think it necessary for the members elect from South Carolina to be present at the organization of Congress. On the contrary, it will be better policy to present their certificates of election after the two Houses are organized, and then it will be a simple question under the Constitution of the members taking their scatr,. Each House must judge for itself the election, returns, and qualifications of its own members. As to v.diat the two Houses will do in reference to the oath now required to be taken before the members can take tlieir seats is unknown to me, and I do not like to predict; but, upon the whole, I am of opinion that it would be better for the question to come u[) and be disposed of after the two Houses have been organized. I hope that your Legislature will adopt acode in reference to free persons of color that will be acceptable to the country, at the same time doing justice to the white and colored population. Andrew Joiinsox, President of the United States. FLORIDA. 18G5, April 8 — Abraham K. Allison, Presi- fleiu of the rebel Senate, of Florida, announced the death of John Milton, rebel Governor, and appointed June 7 for election of a successor. May li — Major General Gillmcre issued an order annulling this jiroclarnation, and com- * Drcciiilpor -1 — Itfliiri; iulj'Uiniiii.!:, lliesiiVijuct ol'tlio ro- l>inli,ii:'iii (if till' war ili-lit was rcli-rriil to t!ii< ( 'DiiiiiiiHuo on Kfil'Til Jl ■liitiiniK, wild ri'ci>mMi(.Mi.li'cl the npiiniiifmcnt ot R ^|»■^i:ll J. line C'.'iiiiniltce u( ImiIIi iI of legal age to vote, and exclude all, after 1375, wiio 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 Con- stitution to be voted on, June 5. It abolishea .slavery, and annuls the Secession Ordinance. Tlie war debt has been repudiated. Five years 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 ac- countability therefor. ARKANSAS. 1865, October t!0 — President Johnson sent this telegram to Governor Isaac Murphy, elected Governor under the free State organi- zation formerly made. Executive Off:ce, Washington, D. C, October 30, 1865. To Gov. Murphy, Little Rock, Arkansas : There will be no interference with your pres- ent organization of State government. I have learned from E. W. Gantt, Esq., and other sources, that all is working well, and you will proceed and resume the former relations with tlie Federal Government, and all the aid in the power of the Government will be given in re- storing the State to its former relations. Andrew Johnson, Prest of the U. S. LOUISIANA. Tliore was no interference with the State organization formerly made. 1865, November — J. AL Wells was elected Governor, and Albert Voorliis, Lieut. Governor November 23 — Legislature met in extra ses- sion again, under proclamation of tlie Governor. December 22 — Legislature adjourned. 18G6, March — J. T. Monroe elected maj-or of New Orleans, and James 0. Nixon an alderman. l\Iarch 19 — General Canby issued an order suspending them from the exercise of an}' of the functions of these offices until the pleasure of the President be made known — as thoy coine within tlie excepted class of the President's proc- lamation. They were sub.sequcntly pardoned, on application, £Jid took the offices. IV. LEGISLATIOx^ RESPECTLXG FREEDMEN. NORTH CAROL INA. 186(3, March 10 — The act " concerning negroes, and persons of color, or of mixed blood," passed by the Legislature, declares that " negr-^cs ixnd 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 persons before the courts in the mode of prosecuting, de- fending, continuing, removing, and transferring their suits at law and in equity, and makesthom eligible as witnesses, when not otherwise in^om- petent, 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 jvidgment or decree of court; and also in pleas of the State, where the violence, fraud, or injury 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 jurisdiction in mat- ters relating to freedmen shall be fully com- mitted to the courts of this 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. The lav/ regarding apprentices is so amended as to make its provisions applicable to blacks, but it gives the former masters the preference, and declares that they should be regarded as the most suitable persons. Provision is also made for legalizing the marriages of the bLacks con- tracted during slavery, and for punishment of illicit cohabitation, kll 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 v.nfe, 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 pmna facie evidence of the statements made. All contracts between any persons whatever, \rhereof one or more of them shall be a person of color, for the sale or purchase of any horse, mule, ass, jennet, neat cattle, hog, sheep, or goat, whatever may be the value of such articles, and all contracts between such persons for any ether 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. Mar)iagQ betv/een white persons and persons of color shall be void ; and every person au- thorized to solemnize the rites of matrimony, who shall knowingly solemnize the same between such persons, and every clerk of a court wd;o shall knowingly 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 tho Relation of Master ar.d Apprentice relative to Freedmen, FroeNegTces, and Mulattoes, November 22, 1835. Sec. 1 provides that it shall be the duty of all sherifl's, justices of the peace, and other civil officers of the several counties in tliis 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, under the age of eighteen, within their respective counties, beats, or dis- tricts, who are orphans, or whce 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 direct, 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 bo fully satisfied that the person or persons to whom said minor shall be apprenticed shall be a suita- ble person to have the charge and care of said minor, ami fulh' to protect the interc'^t of said minor: Provided, That 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 moderath corporeal chastisement as a father o" guardian is allowed to inflict on his or her child or ward at common law : Provided, That in no case sivJd cruel or inhuman punishment be inflicted. Sec. 4 provides that if any apprentice thr-11 leave the employment of his er her master or 29 30 rOLITICAL MANUAL. mistre??, without liis 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 duly 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 tlie 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 ,he first term thereafter, to investigate said case, sind 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 retu-n to his or aer 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 quit his said master or mistress, the court shall discharge said apprentice from said indenture, and also enter a j,»dgment 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. Sec. 5 provides that if any person entice away any apprentice from his or her master or mis- iress, 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 asprovided for the punishment of persons enticing from their em- ployer hired freedmen, free negroes, or mttlattoes. Sec. 6 makes it the duty of all civil officers to report any minors within their respective coun- ties to said probate court for apprenticeship. Sec. 9 provides 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 tnat in all cases where the age of the freedman, free negro, or mulatto can- not be ascertained by record testiraon}'', the judge of the county court shall fix the age. The Vagrant Act, November 24, 1865. Sec. 1 defines who are vagrants. Sec 2 provides that all freedmen, free negroes, and mulattoes in tliis Slate, over the age of eighteen years, found on the second Monday in January, 18GG, or thereafter, with no lawful employment or business, or found unlawfully as.sembling tiiemselves together, either in the day or night time, and all white persons so assembling with freedmen, free negroes, or mu- b.ttoes, or usually associating with freedmen, free negroes, or mulattoes on terms of equality, or living in adultery or fornication with a frecd- woman, free negro, or mulatto, shall be deemed vagrants, and on conviction thereof shall be fined in the sum of not exceeding, in the case of a freedman, free negro or mulatto, fifty doiiars, and a white T-an two hundred d<»l!av.s and im- prisoned, at the discretion of the court, the free negro not exceeding ten days, and the white man not exceeding six months. Sec. 3 gives all justices of th« peace, mayors, and aldermen jurisdiction to try all questions of vagrancy, and it is made their duty to arrest parties violating any provisions of this act, in- vestigate the charges, and, on conviction, punish as provided. It is made the duty of all sherifi's, constables, town constables, city marshals, and all like officers, to report to some officer having jurisdiction all violations of any of the provis- ions of this act, and it is made the duty of the 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 treasury for general county purposes, and in case any freedman, free negro or mulatto, shall fail for five days after 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 of the proper county to hire out said freedman, free negro or mulatto, to any person who will, for the shortest period of service, pay said fine or forfeiture and all costs : Pi'ovided, A pref- 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 be hired out, he or she may be dealt with as a pauper. Sec. 6 provides that the same duties and lia- bilities existing among w'hite persons of thi? State shall attach to freedmen, free negroes and mulattoes, to support their indigent families and all colored paupers ; and that in order to secure a support for such indigent freedmen, free ne- groes and mulattoes, it sliall be lawful, and it is hereby made the duty of the boards of county police of each county in this State, to levy a poll or capitation tax on each and every freea- man, free negro or mulatto, between the ages of eighteen and sixty years, not to exceed the sum of one dollar annually to each person so taxed, which tax when collected shall be paid into the county treasurer's hands, and constitute a fund to be called the freodmen's pauper fund, which shall be applied by the commissioners of the poor for the maintenance of the poor of the freedmen, free negroes and mulattoes, of this Slate, under such regulations as may be estab- lished bj' the boards of the county police in the respective counties of this State. Sec. 7 provides that if any freedman, free negro or muhvtto shall fail or re-fuse to pay any tax levied acconling to the provisions of the sixth section of lliis act, it sliall he prima facie evidence of vagrancy, and it sliall be the duty of llie sherifTto arrest such freedman, free negro or mulatto, or sucii persons refusing or neglecting to pay such lax, and procecl at once to liire, for tlio sliortcst time, such delin-iuent taxpayer to any one who wih pay tlie aaia lax, with the accruing co-ts, giving preference to the employer, if t nere be one. LEGISLATION RESPECTIXG FREEDMEN. 81 An Act to confer Civil Rights on Frocdmcn, and for other Purposes, November 25, 1835. Section' 1 provides that all tVeedmen, 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 Avhite persons may : Provided, That the provis- ions of this section shall not be so construed as Id 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 hold in law as legally married, and the issue shall bo taken and held as legitimate for all purposes. That it shall cot 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 mulattoes 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 been a white person. Sec. 4 provides that in audition 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 plaintitTs, 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 de- 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 tno person or property of a freedman, free negro or mulatto: Provided, That in all cases Baid witnesses shall be examined in open court on the stand, except, however, they may be examined before the grand jury, and shall in all cases be subject to the rules and tests of the common law as to competency and credibility. Sec. 5 provides that every freedman, free negro, and mulatto shall on the second Mon- day of January, one thousand eight hundred and Bixty-six, and annually thereafter, have a law- ful home or employment, and shall have writ- ten evidence thereof, as follows, to wit : If liv- ing in any incorporated city, town, or village, a license from the mayor thereof, and if living outside of any incorporated city, town, or village, from the member of the board of pcHce of his beat, authorizing him or her to do irregu- lar and job work, or a written contract, as pro- vided in section six of this act ; which licenses may be revoked for cause at any time by tho authority granting the same. Sec. 6 provides that all contracts for labor made with freedmen, free negroes, and mulat- toes, for a longer period than one month, shall be in writing and in duplicate, attested and read to said freedman, free negro, or mulatto by a beat, city, or county ofHcer or two disinterested white persons of the county in which the labor is to be performed, of which each party shall have one ; and said contracts shall be taken and held as entire contracts, and if the laborer shall quit the service of tho employer before the expi- ration of his term of service without good cause, he shall forfeit his wages for that year up to tho time of quitting. Sec. 7. provilHes that every civil officer shall, and every person may arrest and carry back to his or her legal employer any freedman, free ne- gro, or mulatto who shall have quit the service of his or her employer before the expiration of his or her term of service without good cause; and said officer and person shall be entitled to receive for arresting and carrying back every deserting employe aforesaid the sum of five dol- lars, and ten cents per mile from the place of arrest to the place of delivery, and the same shall be paid by the employer and held as a set-off for so much against the wages of said de- serting employe : Provided, That said arrested party after being so returned may appeal to a justice of the peace or member of the board of the police of the county, who, on notice to tho alleged employer, shall try, summarily, whether said appellant is legally employed by the alleged employer and has good cause to quit said employer ; either party shall have the right of appeal to the county court, pending which the alleged deserter shall be remanded to the alleged employer, or otli^rwise disposed of as shall be right and just ; and the decision of the county court shall be final. Sec. 8 provides that upon affidavit made by the employer of any freedman, free negro, or mulatto, or other credible person, before any justice of the peace or member of the board of police, that any freedman, free negro, or mulatto, legally employed by said employer, has illegally deserted said employment, such justice of the peace or member of the board "of police shall issue his warrant or warrants, returnable before himself or other such officer, directed to any sheriff, constable, or special deputy, commanding him to arrest said de- serter and return him or her to said employer, and the like proceedings shall be had as provided in the preceding section ; and .t shall be lawful for any officer to whom such warrant shall be directed to execute said warrant in any county of this State, and that said warrant may be transmitted without indorsement to any like officer of another county to be executed and re- turned as aforesaid, and the said employer shall pay the cost of said warrants and arrest and re- turn, which shall be set off for so much against the wages of said deserter. POLITICAL MAXUAL. 6bc. 9 provides tliat if any person shall pt/- Buade, or attempt to persuade, entice, or cause any freedman, tree negro, or mulatto to desert from the lef-al emplo3-mentof any person before the expiration of uis or her term of service, or ehall knovringly employ any such deserting freedman, free negro, or mulatto, or shall know- ingly give or sell to any such deserting freed- man. free negro, or mulatto any food, raiment, or other thing, he or she sliall be guilty of amis- demeanor, and upon conviction sliall be fined not less than twenty-five dollars and not more than two hundred dollars and the costs; and if saiJ fine and costs shall not be immediately paid, the court sliall sentence said convict to noi exceed- ing two months' imprisonment in the county jail, and he or she shall, moreover, be liable to the party injured in damages: Provided, If an}' fierson shall, or shall attempt to, persuade, en- ice, or cause any freedman, free negro, or mu- latto to desert from any legal employment of any rierson with the view to employ said freedman, ree negro, or mulatto without the limits of this Btate, such person, on conviction, shall be fined not less than fifty dollars and not more than five hundred dolhirs and costs; and if said fine and costs shall not be immediately paid the court shall senten^-e said convict to not exceeding six months' imprisonment in the county jail. Sec. 10 provides that it shall be lawful for any freedman, free negro, or mulatto to charge any white person, freedman, free negro, or mulatto, by affidavit, with any criminal offence against his or her person or property, and upon such affidavit the proper process shall be issued and executed as if said affidavit was made by a white person, and it shall be lawful for any freedman, free negro, or mulatto, in any action, suit, or controversy pending or about to be instituted in any court of law or equity in this State, to make all needful and lawful affidavits as shall be ne- cessary for the institution, prosecution, or de- fence of such suit or controversy. Sec. 11 provides that the penal laws of this State, in all cases not otherwise specially pro- vided for, sliall apply and extend to all freed- men, free negroes, and mulattoes. An Act Supplementary to "An Act to confer Civil Eights upon Frocdmen," and for other purposes, December 2, 1865. Sec. 1 provides tliat in every case where any white person has been arrested and brought to trial, by virtue of the provisions of tiie tenth section of the above recited act, in any court in this State, upon sufficient proof being made to the court or jury, upon the trial before said court, that any freedman, free negro or mulatto has falsely and maliciously caused the arrest and trial of sivid white person or persons, the court shall render up a judgment against said freedman, free negro or mulatto for all costs of the case, and impose a fine not to exceed fifty dollars, and imprisonment in the county jail not to exceed twenty days ; and for a failure of said freedmen, free negro or mulatto to pay, or cause to be paid, all costs, fines and jail fees, tlw3 sheriff of the county is hereby authorized and required, after giving ten days' public no- tice, to proceed to hire out at public outcry, at the court-house of tjie county, said freedman. free negro or mtilatto, for the shortest time to raise the amount necessary to discharge said freedman, free negro or mulatto from all costs, fines, and jail fees aforesaid. An Act to punish certain Offences therein named, and for other purposes, November 29, 1805- Sec. 1. Beit enacted, &c., That no Ireedman, free negro, or mulatto, not in the military ser- vice of the United States Government, and not licensed to do so by the board of police of his o? her county, shall keep or carry fire-arms of any kind, or any ammunition, dirk, or bowie-knife ; and on conviction thereof, in the county court, shall be punished by fine, not exceeding ten dol- lars, and pay the costs of such proceedings, and allsuch arms or ammunition shall be forfeited to the informer ; and it sliall be the duty of every civil and military officer to arrest any freedman, free negro, or mulatto found with any such arms or ammunition, and cause him to be committed for trial in default of bail. Sec. 2. That any freedman, free negro, or mu- latto, committing riots, routes, affrays, trespasses, malicious mischief and cruel treatment to animals, seditious speeches, insulting gestures, languago, or acts, or assaults on any person, disturbance of the peace, exercising the functions of a minister of the gospel without a license from some regu- larly organized church, vending spirituous or intoxicating liquors, or committing any other misdemeanor, the punishment of which is not specifically provided for by law, shall, upon con- viction thereof, in the county court, be lined not less than ten dollars, and not more than one hun- dred dollars, and may be imprisoned, at the dis- cretion of the court, not exceeding thirty days. Sec. 3. That if anj' white person shall sell, lend, or give to any freedman, free negro, or mu- latto, an}' fire-arms, dirk, or bowie-knife, or am- munition, or any spirituous or intoxicating liquors, such person or persons so offending, upon conviction thereof, in the county court of his or he? count}-, shall be fined not exceeding fifty dollars, and may be imprisoned, at the discretion of tho court, not exceeding thirty days. Sec. 4. That all the penal and criminal laws now in force in this State, defining offences, and prescribing tho mode of punishment for crimes and misdemeanors committed by slaves, free negroes or mnlattoes, be and the same are here- by re-enactfd, and declared to be in fall forco and effect, against freedmen, free negroes, and mulattoes, except so far as the mode and manner of trial and punishment have been changed or altered by law. Sec. 5. 'That if any freedman, free negro or mulatto, convicted of any of the misdemeanors provided against in this act, shall fail or refuse, for the space of five days after conviction, to pay the fine and costs imposed, such person shall be hired out by the shorilf or otiier officer, at pr blic outcry, to "any white person who will jmy aid fine and all costs, and take such convict foi ,ho shortest time. GEOB-GIA. 1865, December 15 — Free persons of color aro made competent witnesses in all courts in cas^ where a free person of color is a party, or tlo offence charged is against the person or properlj LEGISLATION RESPECTING FREEDMEN. .88 of a froe person of color. Persons of color now living as husband and wife are declared to be so, except a man has two or more reputed wives, or a wiie two or more reputed husbands ; in such event, they shall select one and the marriage ceremony be performed. 1S66, Feb. 23 — All male inhabitants, white and black, between sixteen and fifty, subject to work on the public roads, except such as are specially exempted. March 7 — Any officer knowingly issuing any marriage license to parties, either of whom is of African descent and the other a white person, shall be guilty of araisdemea,nor, and on convic- tion be tined from two hundred to five hundred dollars, or imprisoned for three months, or both. Any officer or minister marrying such persons ehall be fined from five hundred to one thousand dollars, and imprisoned six mouths, or both. March t) — That among persons of color the pa- rent .shall be required to maintain his or her chil- dren, whether legitimate or illegitimate. That children shall be subjected to the same obliga- tions, in relation to their parents, as those which existing relation to white persons. That every colored child hereafter born, is declared to be the legitimate child of his mother, and also of his colored father, if acknowledged by such father. To Amend the Penal Code. March 12— The 4,435th section of the Penal Code shall read as follows : All persons wandering or strolling aliout in idleness, who are able to work, and who have no property to support them ; all persons lead- ing an idle, immoral, or profligate life, who have no property to support them, and are able to work and do not work ; all persons able to work having no visible and known means of a fair, honest, and reputable livelihood ; all per- sons having a fixed abode, who have no visible property to support them, and who live by steal- ing or by trading in, bartering for, or buying stolen property ; and all professional gamblers living in idleness, shall be deemed and consid- ered vagrants, and shall be indicted as such, and it shall be lawful for any person to arrest said vagrants and have them bound over for trial to the next term of the county court, and upon con- viction, they shall be fined and imprisoned or sentenced to work on the public works, for not longer than a year, or shall, in the discretion of the court, be bound out to some person for a time not longer than one year, upon such val- uable consideration as the court may prescribe ; the person giving bond in a sura not exceeding $300, payable to said court and conditioned to clothe and feed, and provide said convict with medical attendance for and during said time : Provided, That the defendant may, at any time, before conviction, be discharged, upon paying costs and giving bond and security in a sum not exceeding $200, payable to said court, and con- dition for the good behavior and industry of de- fendant for one year. March 8 — The wilful and malicious burning of an occupied dwelling-house of another on a farm, or plantation, or elsewhere, shall be pun- ished with death ; also burglary in the night ; also stealing a horse or mule, unless recom- mended by the jury to the mercy of the court. March 17— County courts organized, a imj other States, for hearing of " cases arising oj^g of the relation of master and servant," ant" Where such cases shall go against the ser^pta?' the judgment for costs upon written Uvjtice to the master shall operate as a garnishment against him, and he shall retain a sufficient amount for the payment thereof, out of any wages due to said servant, or to become due during theperiol of service, and may be cited at any time by the collecting officer to make answer thereto. March 17 — Sec. 1. That all negroes, mulat- toes, mestizoes, and their descendants having one eighth negro or African blood in their veins, shall be known in this State as "persons of color." 2. That persons of color shall have the right to make and enforce contracts, to sue, be sued, to be parties and give evidence, to inherit, to purchase, lease, sell, hold, and convey real and personal property, and to have full and equal benefit of all laws and proceedings for the secu- rity of person and estate, and shall not be subjected to any other or difi'erent punishment, pain or penalty, for the commission of any act or offense, than such as are prescribed for white persons committing like acts or ofl'enses. March 20 — Crimes defined in certain sections named, as felonies are reduced below felonies, and all other crimes, punishable by fine or imprisonment or either, shall be likewise pun- ishable by a fine not exceeding $1,000, imprison- ment not exceeding six months, whipping not exceeding thirty-nine lashes, to work in a chain- gang on the public works not to exceed twelve months, and any one or more of these punish- ments may be ordered in the discretion of the judge. ALABAMA. December — Bill passed, " making it unlaw- ful for any freedmen, mulatto, or free person of color in this State to own fire-arms, or carry about his person a pistol or other deadly weapon,^' under a penalty of a fine of $100 or imprison- ment three months. Also, making it unlawful for any person to sell, give, or lend fire-arms ot ammunition of any description whatever to any freedman, free negro, or mulatto, under a penalty of not less than !*50 not more than $100 at the discretion of the jury. December 9 — This bill passed : That all freed- men, free negroes, and mulattoes, shall have the right to sue and be sued, plead and be impleaded in all the different and various courts of this State, to the same extent that white persons now have by law. And they shall be competent to testify only in open court, and only in cases in which freedmen, free negroes, and mulattoes are parties, either plaintiff or defendant, and in- civil or criminal cases, for injuries in the per- sons and property of freedmen, free negroes, and mulattoes, and in all cases, civil or criminal, in which a freedman, free negro, or mulatto, is a witness against a white person, or a white per- son against a freedman, free negro, or mulatto, the parties shall be competent witnesses, and neither interest in the question or suit, nor mar- riage, shall disqualify any witness from testify- ing in open court. 1866, Febuary 16— A law was enacted, of B4 POLITICAL MANUAL. \ \aw;(i h section 1 provi'los that it shall not be T.\o^ fill for any person to interfere with, hire, em- jc^rvii. or entice away, or induce to leave the tV, -.-ie cf another, any laborer or servant who -l,.ul nave stipulated or contracted, in writing, ;<> serve For any given number of days, weeks, vv mouths, or for one year, so long as the said contract shall be and remain in force and bind- ing upon the parties thereto, without the con- sent of the part}' employing or to whom said service is due and owing in writing, or in the presence of some veritable white person; and liny person who shall knowingly interfere with, hire, employ, or entice away, or induce to leave the service aforesaid, witliout justifiable excuse therefor, before the expiration of said term of service so contracted and stipulated as afore- said, shall be guilty of a misdemeanor, and on conviction thereof, must be fined in such sum, not less than fifty nor more than five hundred dolhirs, as the jury trying the same may assess, iind in no case less than double tiie amount of ihe injur}' sustained by the party from whom ^uch laborer or servant was induced to leave, 0!ie-ha!f to go to the party injured and the 3lher to the county as fines and forfeitures. ^Kc. 2 provides that the party injured shall be a competent witness in all jirosecutions under ■-his act, notwithstanding his interest in the fine to be assessed. Sec. 3 provides that when any laborer or ser- vant, having contracted as provided in the first fr.'Ction of this act, shall afterward be found, be- .ore the termination of said contract, in the service or employment of another, that fact "diall be prima facie evidence that such person is guilty of violation of this act, if he fail and refuse to forthwith discharge the said laborer or servant, after being notified and informed of iuch former contract and employment. A new penal code was adopted. The material changes introduced by the new penal code are briefly these : First. Whipping and branding are abolished, as legal punishments, and a new punishment is introduced, entitled " hard labor for the county." This " hard labor for the county " is put under the sontrol of the court of county commissioners, who are authorized to employ a superintendent of the convicts, to make regulations for their government and labor, to put them to work on the public roads, ljri(l;:;es, &c., or to hire them out to railroad companies or private individuals. Second. For all oii'ences which were heretofore punishable by fine, or by fine and imprisonment, either in the county jail or in the penitentiary, the jury may still impose a fine; to which the sourt, in its discretion, may superadd imprison- ment or hard labor, within specified limits in each case. Third. The dividing line between grand and petit larceny, is raised from twenty to one hun- dred dollars ; grand larceny being made a felony, that is, it may be punished by imjirisonment in the penitentiary ; while petit larceny is only a misdemeanor, punishable by fine, or by fine and imprisonment in the county jail. Fourth. A county court is established for the trial of misdemeanors. Fifth. Justices of the peace have jurisdiction of a few minor offences, such as vagrancy, lar- ceny of less than ten dollars, and assaults, affrays, &c., in which no weapon is used. The proceedings before them conform substantially to proceedings before the county court. The new code makes no distinction on account of color, only marriages between white persona and negroes are prohibited. It went into effect June 1, 1866. The Governor vetoed three bills referring to persons of color. See page 21 . SOUTH CAROLINA. An Act Preliminary to the Legislation induced by the Emancipation of Slaves, October 19, 1865. Section 3 provides that all free negroes, mu- lattoes, and mestizoes, all freedwomen, and all descendants through either sex of any of these persons, shall be known as persons of color, ex- cept that every such descendant who may have of Caucasian blood seven eighths, or more, shall be deemed a white person. Sec. 4 provides that the statutes and regula- tions concerning slaves are now inapplicable to persons of color ; and although such persons are not entitled to social or political equality with white persons, they shall have the right to ac- quire, own, and dispose of property, to make contracts, to enjoy the fruits of their labor, to sue and be sued, and to receive jirotection under the law in their persons and property. Sec. 5 provides that all rights and remedies respecting persons or property, and all duties and liabilities under laws, civil and criminal, which apply to white persons, are extended to persons of color, subject to the modifications made by this act and tlie other acts hereinbefore mentioned. An Act to Amend the Criminal Law, December 19, 1865. Section 1 provides that either of the crimes specified in this first section shall be felony, with- out benefit of clergy, to wit: For a person of color to commit any wilful homicide, unless in self-defence; for a person of color to commit an assault upon a white woman, with manifest in- tent to ravish her ; for a person of color to have sexual intercourse with a white woman by per- sonating her husband; for any person to raise an insurrection or rebellion in this State ; for any person to furnish arms or ammunition to other persons who are in a state of actual in- surrection or rebellion, or permit them to re- sort to his house for advancement of their evil purpose; for any person to administer, or cause to be take by any other person, any poi- son, chloroform, soporific, or other destructive thing, or to shoot at, stab, cut, or wound any other person, or by any moans whatsoever to cause bodily injury to any other person, wliere- by, in any of these cases, a bodily injury dan- gerous to the life of any other person is caused, with intent, in any of these cases, to commit the crime of murder, or the crime of rape, or the crime of robbery, burglary, or larceny; for any person wlio had been transported under sen- tence to return to this State within the period of prohibition contained in the sentence; or for LEGISLATION RESPECTING PREEDMEN. 35 a person to steal a horse or mule, or cotton packed in a bale readj^ for market. Sec. 10 provides that a person of color who is in the employment of a master engaged in husbandry shall not have the right to sell any corn, rice, peas, wheat, or other grain, any flour, cotton, fodder, hay, bacon, fresh meat of any kind, poultry of any kind, animal of any kind, or any other product of a farm, without having written evidence from sucli master, or some per- son authorized bj' him, or from the district judge or a magistrate, that he has the right to sell such product; and if any person shall, directly or indirectl}', purchase any such product from such person of color without sucli written evidence, the purchaser and seller shall each be guilty of a misdemeanor. Sec. 11 provides that it shall be a misde- meanor for any person not authorized to write or give to a person of color a writing which pro- fesses to show evidence of tlie right of that per- son of color to sell any product of a farm which, b}^ the section last preceding, he is forbidden to sell without written evidence; and any person convicted of this misdemeanor shall be liable to the same extent as the purchaser in the section last preceding is made liable ; and it shall be a misdemeanor for a person of color to exhibit as evidence of his right to sell any product a wri- ting which he knows to be false or counterfeited, or to have been written or given by any person not authorized. Sec. 13 states that persons of color consti- tute no part of the militia of the State, and no one of them shall, without permission in writing from the district judge or magistrate, be allowed to keep a fire-arm, sword, or other military weapon, except that one of them, who is the owner of a farm, may keep a shot-gun or rifle, such as is ordinarily used in hunting, but not a pistol, musket, or other fire-arm or weapon appropriate for purposes of war. The district judge or a magistrate may give an order, under which any weapon unlawfully kept may be seized and sold, the proceeds of sale to go into the district court fund. The possession of a weapon in violation of tliis act shall be a misde- meanor which shall be tried before a district court or a magistrate, and in case of conviction, shall be punished by a fine equal to twice the value of the weapon so unlawfully kept, and if that be not immediately paid, by corporeal pun- ishment. Sec. 14 provides that it shall not be lawful for a person of color to be the owner, in whole or in part, of any distillery where spirituous liquors of any kind are made, or of any estab- lishment where spirituous liquors of any kind are sold by retail ; nor for a person of color to be engaged in distilling any spirituous liquors. Or in retailing the same in a shop or elsewhere. A person of color who shall do anything con- trary to the prohibitions herein contained shall be guilty of a misdemeanor, and, upon convic- tion, may be punished by fine or corporeal punishment and hard labor, as to the district ,iudge or magistrate before whom he may be iried shall seem meet. Sec. 22 provides that no person of color shall migrate into and reside in this State, unless, within twenty days after his arrival within the same, he shall enter into a bond, with two free- holders as sureties, to be approved by the judge of the district court or a magistrate, in a pen- alty of one thousand dollars, conditioned for his good behavior, and for his support, if he should become unable to support himself. Sec. 24 provides that when several persons ot color are convicted of one capital olfence, the jury which tries them may recommend one or more to mercy, for reasons which, in their opin- ion, mitigate the guilt ; the district judge shall report the case, with his opinion, and the Gov- ernor shall do in the matter as seems to him meet. The same maj'' be done when one only ia convicted of capital offence. Before sentence oi death shall be executed in any case, time foi application to the Governor shall be allowed. Sec. 27 provides that whenever, under any law, sentence imposing a fine is passed, if the fine and costs be not immediately paid, there shall be detention of the convict, ami substitu- tion of other punishment. If the oilence should not involve the crimen falsi, and be infamous, the substitution shall be, in the case of a white person, imprisonment for a time proportioned to the fine, at the rate of one day for each dollar ; and in the case of a person of color, en- forced labor, without unnecessary pain or restraint, for a time proportioned to the fine, at the rate of one day for each dollar. But if the offence should be infamous, there shall be sub- stituted for a fine, for imprisonment, or for both, hard labor, corporeal punishment, solitary con- finement, and confinement in tread-mill or stocks, one or more, at the discretion of the judge of the superior court, the district judge, or tlie magistrate, who pronounces the sentence. In this act, and in respect to all crimes and misdemeanors, the term servants shall be un- derstood to embrace an apprentice as well as a servant under contract. Sec. 29 provides that, upon view of a misde- meanor committed by a person of color, or by a white person toward a person of color, a mag- istrate may arrest the ottender, and, according to the nature of the case, punish the offender summarily, or bind him in recognizance with sufficient sureties to appear at the next monthly sitting of the district court, or commit him for trial before the district court. Sec. 30 provides that, upon view of a misde- meanor committed by a person of color, any person present may arrest the offender and take him before a magistrate, to be dealt with as the case may require. In case of a misdemeanor committed by a white person toward a person of color, any person may complain to a magis- trate, who shall cause the oifender to be ar- ressted, and, according to the nature of the case, to be brought before himself, or be taken for trial in the district court. An Act to establish District Courts, December 19,1865. Courts are established to have " exclusive ju- risdfiition, subject to appeal, of all civil causes where one or both the parties are persons of color, and of all criminal cases wherein the accused is a person of color, and also of all cases of misdemeanors affecting the person or property 36 POLITICAL JIANUAL. of a person of color, and of all cases? of bas- tard}-, and of all cases of vagrancy, not tried before a magistrate." An indictment against a white person for tlie homicide of a person of color shall be tried in the superior court of law, and so shall other indictments in which a white person is accus'ed of a capital felony affecting the person or prop- erty of a person of color. In every case, civil and criminal, in which a person of color is a party, or which affects the person or property of a person of color, per- 6ons of color shall be competent witnesses. The accused, in such a criminal case, and the parties in every such civil case, may be wit- nesses, and so may every other person who is a competent witness; and ^n every such case, either party may offer testimony as to his own character, or that of his adversary or of the prosecutor, or of the third person mentioned in an indictment. December 21 — " An act to establish and regu- late the domestic relations of persons of color, and to amend the law in relation to paupers and vagrancy" establishes the relation of husband and wife, declares thost now living as such to be husband and wife, and provides that persons of color desirous hereafter to marry shall have the contract duly solemnized. A parent may bind his child over two years of age as an ap- prentice to serve till 21 if a male, 18 if a fe- male. All persons of color who make contracts for service or labor shall be known as servants, and those with whom they contract as masters. " Colored children beuveen 18 and 21, who have neither father nor mother living in the dis- trict in which they are found, or whose parents are paupers, or unable to afford them a com- fortable maintenance, or whose parents are not teaching them habits of industry and honesty, or are persons of notoriously bad character, or are vagrants, or have been convicted of infamous offences, and colored children, in all cases where they are in danger of moral contamination, may be bound as apprentices by the district judge or one of the magistrates for the aforesaid term." It " provides that no person of color shall pursue or practice the art, trade, or business of an artisan, mechanic, or shopkeeper, or any other trade, employment, or business, (besides that of husbandry, or that of a servant under a contract for service or labor,) on his own ac- count and for his own benefit, or in partnership with a white person, or as agent or servant of any person, until he shall have obtained a li- cense therefor from the judge of the district court, which license sliall bo good for one year only. This license the judge may grant upon petition of the applicant, and upon being sat- Lsfied of his pkiU and fitness, and of his good moral cliaracter, and upon payment by the ap- plicant to the clerk of the district court of one hundred dollars if a shopkeeper or pedlar, to be paid annually, and ten dollars if a mechanic, artisan, or to engage in any other trade, also to bepaid annually : Provided, however, That upon complaint being made and proved to the district judge of an abuse of such license, he shall re- voke the same : And provided, also, Tliat no person of color shall practice any mechanical art or trade unless he shows that he has served an apprenticeship in such trade or art, or is now practicing sucli trade or art." Former slaves, now helpless, who were on a farm Nov. 10,1865 and six months previous shall not be evicted by the owner from the house oc- cupied by them before January '1, 1867. It "provides that if the district court fund, after payment of the sums with wliich it is charged, on account of the salary of the judge of tlie district court, superintendent of convicts, jurors, and other expenses of the court and of convicts, shall be insufficient to support indigent persons of color, v/ho may be proper charges on the public, the board aforesaid shall have power to impose for that purpose, whenever it may be required, a tax of one dollar on each male per- son of color between the ages of eighteen and fifty years, and fiftj'- cents on eacli unmarried female person of color between the ages of eighteen and forty-five, to be collected in each precinct by a magistrate thereof : Provided, That the said imposinon of a tax shall be approved in writing oy the judge of the district court, and that his approval shall appear in the jour- nals of that court." Order of General Sickles, disregarding the Code, January 17, 1866. 1866, January 17 — Major General Sickles is- sued this order : Headq'es Dep't of South Carolina, January 17, 1866. [G. 0., No. 1.]— I. To the end that civil rights and immunities may be enjoyed ; that kindly re- lations among the inhabitants of the State may be established ; that the rights and duties of the employer and the free laborer respectively may be defined ; that the soil may be cultivated and the system of free labor undertaken ; that the owners of estates may be secure in the possession of their lands and tenements ; that persons able and willing to work may have employment ; that idleness and vagrancy may be discounte- nanced, and encouragement given to industry and thrift ; and that humane provision may be made for tlie aged, infirm and destitute, the fol- lowing regulations are established for the gov- ernment of all concerned in this department. II. All laws shall be applicable alike to all the inhabitants. No per.son shall be licld in- competent to sue, make complaint, or to testify, because of color or caste. III. All the employments of husbandry or the useful arts, and all lawful trades or callings, may be followed by all persons, irrespective oi color or caste ; nor shall any freedman be obliged to pay any tax or any fee for a license, nor be amenable to any municipal or parish ordinance, not imposed upon all other persons. IV. The lawful industry of all persons who live under the protection of the United States, and owe obedience to its laws, being useful to the individual, and essential to the welfare ol society, no person will be restrained from seek- ing employment when not bound by voluntary agreement, nor hindered from traveling from place to place, on lawful business. All combi- nations or agreements which are intended to j hinder, or may so operate as to hinder, in any LEGISLATION RESPECTING FREEDMEN. 37 way, the employment of labor — or to limitrom- pensation for labor — or to compel labor to be mvolimtarily performed in certain places or for certain persons; as well as all combinations or agreements to prevent the sale or hire of lands or tenements, are declared to be misdemeanors; and any person or persons convicted thereof shall be" punished by fine not exceeding $500, or by imprisonment, not to exceed six months, or by both such fine and imprisonment. V. Agreements for labor or personal service of any kind, or for the use and occupation of lands and tenements, or for any other lawful purpose, between freedmen and other persons, when fairly made, will be immediately enforced against either party violating the same. VI. Freed persons, unable to labor, by reason of age or infirmity, and orphan chihlren of tender years, shall have allotted to them by owners siutable quarters on the premises where thev have been heretofore domicili^d as slaves, until adequate provision, approved by the gene- ral commanding, be made for them by the State or local authorities, or otherwise ; and they shall not be removed from the premises, unless for disorderly behavior, misdemeanor, or other of- fence committed by the head of a family or a member tliereof. VII. Ablp-bodied freedmen, when they leave the premises in which they may be domiciled, shall take with them and provide for such of their relatives as by the laws of South Caro- lina all citizens are obliged to maintain. A^III. When a freed person, domiciled on a plantation, refuses to work there, after having been otfered employment by the owner or lessee, on fair terais, approved by the ag^nt of the Freedmen's Bureau, such freedman or woman shall remove from the premises within ten days after such offer and due notice to remove by the owner or occupant. IX. AVhen able-bodied freed persons are do- miciled on premises where they have been here- tofore held as slaves, and are not employed thereon or elsewhere, they shall be permitted to remain, on showing to tns satisfaction of the commanding officer of the post that they have made diligent and proper efforts to obtain em- plo3'ment. X. Freed persons occupying premises without the authority of' the United States, or the per- mission of the owner, and who have not been heretofore held there as slaves, may be removed by the commanding officer of the post, on the complaint of the owner, and proof of the refusal of said freed persons to remove after ten days' notice XI. Any person employed or domiciled on a plantation or elsewhere, who may be rightfully dismissed by the terms of agreement, or expelled for misbehavior, shall leave the premises, and shall not return without the consent of the owner or tenant thereof. XII. Commanding officers of districts will es- *.ablish wiihin their commands respectively suit- aule regulations for hiring out to labor, for a period not to exceed one year, all vagrants who cannot be advantageously employed on roads, fortifications and other public works. The pro- ceeds 01 such labor shall be paid over to the as- sistant commissioner of the Freedmen's Bureau, to provide for aged and infirm refugees, indigent freed people and orphan children. XIII. The vagrant laws of the State of South Carolina, applicable to free white persons, will be recognized as the only vagrant laws applica- ble to the freedmen ; nevertheless, such laws > shall not be considered applicable to persons who are without employment, if they shall prove that they have been unable to obtain employ- ment, after diligent efforts to do so. XIV. It shall be theduty of officers command- ing pjosts to see that issues of rations to freed- men are confined to destitute persons who are unable to work because of infirmities arisino from old age or chronic diseases, orphan chil- dren too young to work, and refugee freedmen returning to their homes with the sanction oi the proper authorities ; and in ordering their issues, commanding officers will be careful not to encourage idleness or vagrancy. District com- manders will make consolidated reports of these issues tri-raonthly. XV. The proper authorities of the State in the several municipalities and districts shall pro- ceed to make suitable provision for their poor, without distinction of color; in dufaultof which the general commanding will levy an equitable tax on persons and property sufficient for the support of the poor. XVI. The constitutional rights of all loyal and well-disposed inhabitants to bear arms will not be infringed; nevertheless this shall not be construed to sanction the unlawful practice of carrying concealed weapons, nor to authorize any person to enter with arms on tjie premises of another against his consent. No one shall bear arms v^ho has borne arms against the Uni- ted States, unless he shall have taken the am- nesty oath prescribed in the proclamation of the President of the United States, dated May 20, 1865, or the oath of allegiance, prescribed in the j.roclamation of the President, dated December S, lyeS, within the time prescribed therein. .Vnd no disorderly person, vagrant, or disturber ..f t!;e peace, shall be allowed to bear arms. XVII. To secure the same equal justice and ^^ersonal liberty to the freedmen as to oiher m- ■labitants, no penalties or pu'.iishrnents different ;rom those to which all per.'^ons are amenable e too strong to be resisted, and that such inadequate wages will become the common and usual wages throughout the State. The ulti- mate effect of the statute will be to reduce the freedmen to a condition of servitude worse than that from which they have been emancipated — e, and digest it and make it work healthfully upon the system that has incorporated it? This is the question to be determined. Let us make the experiment, and make it in good faith. If that 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 future, and trusting in God that it may never ,come — if it should come. Providence, that works mysteriously, but unerringly and certainly, will point out the way, and the mode, and the man- ner by which these people are to be separated, and tney are to be taken to their land of inherit- ance and promise, for such a one is before them. Hence we are making the experiment. Hence, let me agaia impress upon you the importance of controlling your passions,' develop- ing your intellect, and of applying yourpliysivai 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 yourscdves a reputation in the cause in which you have been engaged. In speaking to the membei's of this regiment, I want them to understand that, .■^■o 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 the 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 oiiicers 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 118, 186G— The following is the sub- stance of the conversation, as telegraphed that night over the country : The President said he doubted the propriety 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 lessen the respect and confidence of the people in their great charter of freedom. If, however, amendments are to be made to the Constitution, changing the basis of representation and taxation, (and he did not deem them at all necessary at the present 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 among the several States which may be included within this Union according to the number of qualified votsrs in each State. 52 POLITICAL MANUAL. " Direct taxes shall be apportioned among the Roveral States wliich may be included within Ibis Union according 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 principles. The qualified voters were, for the most part, men who were subject to draft and enlistment when it was necessary to repel invasion, suppress re- bellion, and quell domestic violence and insur- rection. They risk their lives, shed their blood and peril their all to uphold the Government, and give protection, security, and value to firoperty. It seemed but just that propertj' 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 m reference to the political equality of the races. It would leave the States to determine absolute- ly the qualifications of their own voters with regard to color ; and thus the number of Repre- 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 oT this time was the mereentering-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 two races, and lead to a war between them, which would result in great injury to both, and the certain extermination of tlie 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 Suffrai^e. February 7, 18G6 — The delegation of colored representatives from different States of the countr}', 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. ADDRESS OF GEOEGE T. DOWNING. Mr. George 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 cherisli 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 meeting a friend. We should, liowever, have manifested our friend- ship by not coming to further tax your already much burdened and valuable time ; but we have another object in calling. We are in a p.assage to equality before the law. God hath made it by opening a Red Sea. We would liave your assistance tliroug!i the same. Wo come to you in the name of the colored people of fh« United States. We are delegated to --ome by some who have unjustly worn iron manacles on their bodies — by some whose minds have been manacled by class legislation in States called free. The colored people of the States of Illi- nois, Wisconsin, Alabama, Mississippi, Florida, South Carolina, North Carolina, Virginia, Maiy- land, Pennsylvania, New York, New England States, and District of Columbia have specially delegated us to come. Our coming is a marked circumstance, noting determined hope that we are not satisfied with an amendment prohibiting slavery, but that we wish it enforced with appropriate legislation. This is our desire. We ask for it intelligently, with the knowledge and conviction that the fathers of the Revolution intended freedom for every American ; that they should be protected in their rights as citizens, and be equal before the law. We are Americans, native born Americans. We are citizens ; we are glad to have it known to the world that you bear no doubtful re- cord on this point. On this fact, and with con- fidence in the triumph of justice, we base our hope. We see no recognition of color or race in the organic law of the land. It knows no privileged class, and therefore we cherish the hope that we may be fully enfranchised, not only here in this District, but throughout the land. We respectfully submit that rendering anything less than this will be rendering to ua less than our just due; that granting anything less than our full rights will be a disregard of our just rights and of due respect for our feelings. If the powers that be do so it will be used as a license, .is it were, or an apology, for any com- munity, or for individuals thus disposed, to outrage our rights and feelings. It has been shown in the present war that the Government may justly reach its strong arm into States, and demand from them, from those who owe it alle- giance, their assistance and support. May it not reach out a like arm to secure and protect ita subjects upon who it has a claim ? ADDRESS OF FRED. DOUGLASS. Following upon Mr. Downing, Mr. Fred. Douglass advanced and addressed the President, saying : Mr. President, we are not here to enlighten you, sir, as to your duties as the Chief Magis- trate of this Republic, but to show our respect, and to present in brief the claims of our race to your favorable consideration. In the order of Divine Providence you are placed in a position where you iiave the power to save or destroy us, to bless or blast us — I mean our whole race. Your noble and humane predecessor placed in our hands the sword to assist in saving the na- tion, and we do hope that you, bis able succes- sor, will favorably regard the placing in our hands the ballot with which to save ourselves. We shall submit no argument on that point. The fact that we are the subjects of Government, and subject to taxation, subject to volunteer in tlie service of the country, subject to being drafted, subject to bear the burdens of the State, makes it not improper that we should ask to share in the privileges of this condition. PRESIDENTIAL IXTERVILAVS AXD SPEECHES. 53 I hcve no speech to make on this occasion. I simply submit these observations as a limited expre.ision of the views and feelings of the dele- gation with which I have come. EESPONSE OF THE PEESIDENT. In repl}^ to some of your inquiries, not to make a speech about this thing, for it is always best to talk plainly and distiu.'^tly about such matters, I will say that if I have not given evi- dence in my course that I am a friend of hu- manity, and to that portion of it which consti- tutes the colored population, I can give no evidence here. Everything that I have had, both as regards life and property, has been per- illed in that cause, and I feel and think that I understand — not to be egotistic — 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 that I am a friend of humanity, and especially the friend of the colored 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 perhaps all that the most ambitious might have desired. 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 pjeriods and deal in rlietoric, and talk about abstract ideas of liberty, who never perilled life, liberty, or property. This kind of tlieoretical, hollow, unpractical friend- phip amounts to but very little. While I say that I am a friend of the colored man, I do not want to adopt 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 engaj^ed in such a work ! Now, it is always best to talk about things Jractically and in a common sense way. Yes, have said, and I repeat here, that if the colored man in the United States could find no other Moses, or any Moses that would be more able and efficient than myself, I would be his Moses to lead him from bondage to freedom ; that I would pass him from a land where he had lived m slavery to a land (if it were in our reach) of freedom. Yes, I would be willing to pass with him through the Red sea to the Land of Promise, to the land of liberty ; but I am not willing, under either circumstance, to adopt a policy which I believe will only result in the sacrifice of his life and the shedding of his blood. I think I know what I say. I feel 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 accomplisliiug 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 ho has. That is all true. Again, we talk about the Declaration of Independence and equality before the law. You understand all that, and know hov/ 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, by some magic touch you could 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 liere 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, enabUng 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 tliere were two right ends accomplished in the accomplish- ment of the one. Mr. Douglass. Mr. President, do you wish — The Peesidext. 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 were there 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 non-slaveholder. Have you ever lived upon a plantation ? Mr. Douglass. I have, your excellency. The President. 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 your own master's negro, didn't you? 54 POLrriCAL MANUAL. Mr. Douglass. Not I! The Presides!. Well, I know such was the 0:1^50 with a large number of you in those sec- tions. Where such is the case we know there is an enmity, we know there is a hate. The poor white man, on tlie other hand, was opposed to the slave a-nd his master ; for the colored man and his master combined kept him in slavery, bv depriving him of a fair partici[Kxtion 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 ( ae 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 a? respectable to hire to a man who did not own net^roes as to one who did. Mr. Douglass. Because he wouldn't be treated as well. The President. Then that is another argu- ment in favor of what I am going to say. It f hows that the colored man appreciated the slave owner more highly than he 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 "find that the abolition of slavery was not one of the objects; Congress and the President himself declared that it was waged on our part in order to suppress the rebellion — the abolition of sla- very has come as an incident to the suppression oi a great rebellion — as an incident, and as an incident we should give it the proper direction. The colored man went into this rebellion a slave ; by the operation of the rebellion became our a freedman — equal to a freeman in any other portion of the country. Then there is a groat deal done for him on this point. The non- slaveholder who was forced into the rebellion, w!io was as loyal as those that lived beyond the limits of the State, but was carried into it, lost kis propert}', and in a number of instances the lives of such were sacrificed, and he who has survived has come out of it v/iih nothing gained, but a great deal lost. Now, npon the principle of justice, should they bo placed in a condition different from wliat they were before? On the one liand, one lia« 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. Ivow, we are talking about where wo are going \o begin. Wo have got at the hate that existed li-itween the two races. The query comes up, v;hether these two races, situated as they were before, without preparation, without time for passion and excitement to be appeased, au'l with- oU time for the slightest improvement, whether the one should be turned loose upon the other, ■j.:v\ bo thrown together at the ballot-box with this enmity and hate existing between them. Tiic query comes up right there, whether wo 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. Whore is power derived from ? We say it is derived from the people. Let us take it so, and refer to the District of Columbia by way of illustration. 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 j'ou can put it — take 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, without 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 elec|ion to be held at 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; what would you do about it? Who would set- tle 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. Douglass. That was said before the war. The President. I am now talking about a principle ; not what somebody else said. Mr. Downing. Apply what you have said, Mr. President, to South Carolina, for instance, where a majority of the inhabitants are colored. The President. Suppose you go to South Carolina; suppose you go to Ohio. That doesn't change the principle at all. The query to which I have referred still comes up when govern- ment is undergoing a fundamental chan2;e. Gov- ernment commenced upon this principle; it has existed upon it ; and you propose now to incor- porate into it an elemo-nt 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 ia 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 pclitical 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 might 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 mo 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 President. It is the people of the States that must for themselves determine this tiling. I do not want to bo engaged in a work that will commence a war of races. I want to begin the work of preparation, and tho 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 hia rights, and give him every possible advautago PRESIDENTIAL INTERVIEWS AND SPEECHES. 65 V7hen they Lecome reconciled socially and politi- cally to this state of things. Then will this new order of things work harmoniously ; but forced tipon 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, upon the community, will result in the injury of both races, and the ruin of one or the other. God knows I have no desire but the good of the whole human race. I would it were so that 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 vaser than Providence, or stronger than the laws of nature. Let us now seek to discover the laws govern- ing this thing. There is a great law controlling it ; let us endeavor to find out what that law is, 'ind conform our actions to it. All the details will then properl)' adjust themselves and work out well in the end, God 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 heart. I am glad to have met you, and thank you for the compliment you have paid me. Mr. Douglass. 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 m 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. Dowsing. Mr. Douglass, I take it that the President, by his kind expressions and his verj' 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 President. I thought you expected me to indicate to some extent what my views were on the subjects touched upon in your statement. Mr. Downing. 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 President. All I have done is simply to indicate what my views are, as I supposed you expected me to, from your address. Mr. Douglass. My own impression is that the 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 m}'- 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 your excellency will be pleased to hear, I would like to say a word or two in regard to that one matter ot the eufranclusemeut of the blacks as a means of preventing the very thing which your excellency seems to apprehend — that is a conflict of races. The President. I repeat, I merely 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, sir. 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 ono 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 better for them. Mr. Douglass. But the masters have the making of the laws, and we cannot get away from the plantation. The President. What prevents 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 divested of 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 Chronicle: 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. Mr. President : In consideration of 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 an i opinioaa 56 POLITICAL -MANUAL. you were pleased to express to ns in your elabo- rate speecli to-day, the undersigned would re- spectfully take this method of replying thereto. Relieving as we do tliat the views and opinions you expressed in tliat 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 mav be in our power, arrest their dan- gerous innuenee. 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 hostilitj' on the part ol the Ibrrrer slaves toward the poor white people of tlie South. We admit the ex- istence of this hostility, and hold that it is en- tirely reciprocal. But you obviously commitau error by drawing an argument from an incident of a state of slavery, and making it a basis for a 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 Eap 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 between 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 to 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 tliat this enmity between the two races is even more intense in a state of freedom than in a state of slavery, in the name ©f 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 panoidy of political power? Can it be that you would recommend a policy which would arm tlie strong and cast down the defenceless? Can you, by any po.ssi- oility of reasoning, regard this as just, fair, or wise? Experience proves that those are often- est abused who can oe abused with the greatest impunity. Men are whipped oftenest who are ■whipped easiest. Peace oetwen 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. 3. On the colonization theory you were pleased to broach, very much could be said. It is im- possible to suppose, in view of 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 No/th, 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 not cast upon its fair name a greater infamy than to suppose that negroes could be tolerated among them in a state of the most degrading slavery and oppression, and must be cast away, driven into exile, for no other cause than having been freed from their chains. George T. Downing, John Jones, William Whipper. Frederick Douglass, Lewis H. Douglass, and others, Washington, February 7, 1866. Remarks at an Interview with the Committoe of the Legislature of Virginia. February 10, 1606 — 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 : 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 ma 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. Thuy 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 into public life, one of my cardinal tenets. At the very incipiency 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 purj)Ose of bringing up any- thing which has transpii-ed which may be re- garded as of an unkind or un[ileasant character, but 1 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 SPEECHES. 67 Upon this conviction I based my opposition to tlie efforts which were made to destroy tlie Union. I have continued those efforts, notwith- standing the perils througli which I have passed, and j^ou are not unaware that the trial has been a severe one. When opposition to tlie 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 was 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 ; after 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 as 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 we 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 promotion 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 trust that the occasion will long be re- me:nbered. 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 thatsomeare 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 thank God 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 people should have the qualifications prescribed Dy the Constitution of the United States, and those qualifications most unquestionably imply loyalty. He who comes as a representative, 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, he a loyal man, willing to abide by and devoted to the Union and the Constitution of the States. He cannot be for the Constitution, he cannot be for the Union, he cannot acknowledge obedience to all the laws, unless he is loyal. When the peo- ple send such men in good faith, they are enti- ted to representation through them. In going into the recent rebellion or insurrec- tion against the Government of the United States we erred ; and in returning and resum- ing our relations with the Federal Government, I am free to say that all the responsible positions and places ought to be confined distinctly and clearly to men who are loyal. If there were only five thousand loyal men in a State, or a less number, but sufiicient to take charge of the political machinery of the State, those five thou- sand men, or the lesser number, are entitled to it, if all the rest should be otherwise inclined. I look upon it as being fundamental that the exercise of political power should be confined to loyal men ; and I regard that as implied in the doctrines laid down in these resolutions and in the eloquent address by which they have been accompanied. I may say, furthermore, that af- ter having passed through the great struggle in which we have been engaged, we should be placed upon much more acceptable ground in re- suming all our relations to the General Govern- ment if we presented men unmistakably and unquestionably loyal to fill the places of power. This bein^ done, I feel that the day is not far distant — I speak confidingly in reference to the great mass of the American people — when they will determine that this Union shall be made whole, and the great right of representation in the councils of the nation be acknowledged. Gentlemen, that is a fundamental principle. "No taxation without representation" was one of the principles which carried us through the Revolution. This great principle will hold good yet ; and if we but perform our duty, if we but comply with the spirit of the resolutions pre- sented to me to-day, the American people will maintain and sustain the great doctrines upon which the Government was inaugurated. It can be done, and it will be done ; and I think that if the effort be fairly and full}' made, with for- bearance and with prudence, and with discretion and wisdom, the end is not very far distant. It seems to me apparent that from every con- sideration the best policy which could be adopted at present would be a restoration of these States and of the Government upon correct principles. We have some foreign difficulties, but the moment it can be announced that the Union of the States is again complete, that we have resumed our career of prosperity and greatness, at that very instant, almost, all our foreign difficulties will be settled ; for there is no power upon the earth which will care to have a controversy or a rup- ture with the Government of the United States under such circumstances. If these States be fully restored, the area for 58 POLITICAL MANUAL. the circulation of the national currency, which is thought by some to be inflated to a very groat extent, will be enlarged, the number of persons through whose liauds it is to pass will be in- creasea, the quantity of commerce in which it is to be employed as a medium of exchange will be enlarged ; and then it will begin to approximate what we all desire, a specie standard. If all the States were restored — if peace and order reigned throughout the land, and all the industrial pur- suits — all the avocations of peace — were again resumed, the day would not be very far distant when we could put into the commerce of the world $250,000,000 or $300,000,000 worth of cotton and tobacco, and the various products of the Southern States, which would constitute, in part, a basis of this currency. Tlien, instead of the cone being inverted, we should reverse the position, and put the base at the bottom, as it ought to be ; and the currency of the country will rest on a sound and enduring basis ; and surely that is a result whicli is cal- culated to promote the interests not only of one section, but of the whole country, from one ex- tremity to the other. Indeed, I look upon the restoration of these States as being indispensable to all our greatness. Gentlemen, I know nothing further that I could say in the expression of my feelings on tliis occasion — and they are not atTected — more than to add, that I ^hall continue in the same line of policy which I have pursued from the commencement of the rebellion to the present period. My efforts have been to preserve the Union of the States. I never, for a single mo- ment, entertained the opinion that a State could withdraw from the Union of its own will. That attempt was made. It has failed. I continue to pursue tlie same line of policy which has been my constant guide. I was against dissolution. Dis.solution was attempted ; it has failed ; and now I cannot take the position that a State which attempted to secede is out of the Union, when I contended all the time that it could noU go out, and that it never has been out. I cannot be forced into that position. Hence, when the States and their people shall have complied with the requirements of the Government, I shall be in favor of their resuming their former relations to this Government in all respects. I do not intend to say anything personal, but you know as well as I do that at the beginning, and indeed before the beginning, of the recent gigantic struggle between the ditferent sections of the country, there were extreme men South and there were extreme men North. I miglit make use of a homely figure — which is sometimes aa good as any other, even in the illustrations of great and important questions — and say that it has been hammer at one end of the line and anvil at tlie other ; and. this great Government, the best the world ever saw, was kept upon the anvil and hammered before the rebellion, and it has been hammered since the rebellion ; and there seems to be a disposition to continue the hammering until the Government shall bo de- stroyed. I have opposed that system always, and I oppose it now. The Government, in the assertion of its powers and ia the mainteaanco of the principles of the constitution, has taken hold ot one extreme, find with the strong arm of physical power has put down the rebellion. Now, as we swing around the circle of the Union, with a fixed and unal- terable determination to stand by it, if we find the counterpart or the duplicate of the same spirit that played to this feeling and these per- sons in the South, this other extreme, which stands in the way must get out of it, and the Government must stand unshaken and unmoved on its basis. The Government must be pre- served. I will only say, in conclusion, that I hope all thepeopleof this country, in good faith and in the fullness of their hearts, will, upon the principles which you have enunciated here to-day, of the maintenance of the Constitution and the preser- vation of the Union, lay aside every other feel- ing for the good of our common country, and with uplifted faces to heaven swear that our gods and our altars and all shall sink in the dust together rather than that this glorious Union shall not be preserved. I am gratified to find the loyal sentiment of the country developing and manifesting itself in these expressions ; and now that the attempt to destroj' the government has failed at one end of the line, I trust we shall go on determined to preserve the Union in its original purity against all opposers. I thank you, gentlemen, for the compliment you have paid me, and I respond most cordially to what has been said in your resolutions and address, and I trust in God that the time will soon come when we can meet under more favor- able auspices than we do now. Speech of the 22d February, 18G6. [Beport of jVutiu)ial liitdli^mccr.'] After returning his thanks to the committee which had waited upon him and presented him with the resolutions which had been adopted, the President said : The resolutions, as I under- stand them, are complimentary of the policy which has been adopted and pursued by the Ad- ministration since it came into power. I am free to say to you on this occasion that it is ex- tremely gratifying to me to know that so large a portion of our fellow-citizens indorse the policy which has been adopted and which is intended to be carried out. This policy has been one which was intended to restore the glorious Union — to bring those great States, now the subject of controversj'-, to their original reh\tions to the Governmentof the United States. And this seems to be a day pe- culiarly appropriate for such a manifestation as this — the day that gave birth to him who founded the Government — that gave birth to the Father of our Countrj'- — that gave birth to him who stood at the portal when all these States entered into this glorious Confederacy. I say that the day is peculiarly appropriate to the indorse- ment of measures for the restoration of the Union that was founded by the Father of his Country. Washington, whose name this city bears, is em- balmed in the hearts of all who love their Gov- ernment. [A voice, "So is Andy Johnson."] Washington, in tlie language of his eulogists, I was first in peace, first in war, and first in the PRESIDENTIAL INTERVIEWS AND SPEECHES. 59 licarts of his countrymen. Ko people can claim 1 him — no nation can appropriate hirn. His emi- | nence is acknowledged throughout the civilized world b}' all those who love free government. [ have had the pleasure of a visit from the asso- ciation which has been directing its efforts to- wards the completion of a monument erected to his name. I was prepared to meet them and give them my humble influence and countenance in aid of the work. Let the monument be erected to him who founded the Government, and that almost within the throw of a stone from the spot from which I now address you. Let it be completed. Let the pledges which all these States and corporations and associations have put in that monument be preserved as an earnest of our faith in and love of this Union, and let the monument be completed. And in connection with Washington, in speaking of the pledges that have been placed in that monu- ment, let me refer to one from my own State — • God bless her! — which has struggled for the preservation of this Union in the field and in the councils of the nation. Let me repeat, that she is now struggling in consequence of an innova- tion that has taken place in regard to her rela- tion with the Federal Government growing out of the rebellion — she is now struggling to renew ner relations with this Government and take the stand which she has occupied since 1796. Let me repeat the sentiment which that State in- 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 immortai 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 turn over in his cofEn, he would rise, shake off the 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 since his day. We remember what he said in 1833. When treason and treachery and infidelity to the Government and the Con- stitution of the United States stalked forth, it was his power and influence that went forth and crushed it in its incipiency. It was then stopped. But it was only stopped for a time, and the spirit continued. There were men dis- affected towards the Government 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. This resulted in two extremes. That in the South reached a point at which the people there were disposed to dissolve the Government of the United States, and they sought to preserve their peculiar institutions. (What I say on this oc- casion I want to be understood.) There was a portion of our countrymen opposed to this, and they went to that extreme tliat they were will- ing to break up the Government to destroy thia peculiar institution of the South. I assume nothing here to-day but the citizen — oae of you — who has been pleading for hia country and the preservation of the Constitu- tion. These two parties have been arrayed against each other, and I stand before you as 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 tlie Government, precisely what I was always opjposed to ; and whether the dis- uiiionistscame from the South or from the North, I stand now where I did then, vindicating the Union of these States and the Constitution oi 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- stitution. The Government has stretched forth its strong arm, and with its physical power it has put down treason in the field. That is, the section of CQuntry that arrayed itself against the Government has been conquered by the force of the Government itself. Now, what had we said to those people? We said: "No compro- mise ; we can settle this question with the South in eight and forty hours." I have 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 acknowledge allegiance to the Government — I say let the door of 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 suffered more than I have? I ask the question. I shall not recount the wrongs and the sufferings inflicted upon rne. It is not the course to deal with a whole neople in a spirit of revenge. I know there nas been a great deal said about the exercise of thr pardon power, as regards the Exeoutive ; and there is 60 POLITICAL MANUAL. no Olio -R-lio has labored harder than I to have the principals, the intelligent and conscious offenders, brought to justice and have the prin- ciple vlndicaled 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 ? 1 found eight millions of jieople 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 would this be from the example set by the Founder of our holy religion, whose divine arch rests its extremities on the horizon 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 wag 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 lire. Let them repent; let them acknowledge their rashness ; let them become loyal, and let them be supjiorters of our glorious stripes and stars, and the Constitution of our country. I Bay let the leaders, the conscious, intelligent trai- 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 tho battle-field and see many of those brave men in whose com- fiany I was, in localities of the rebellion where the contest was most difficult and doubtful, and who yet were patient; when I look back over these fields, and where tlie smoke has scarcelj^ passed away ; where the blood that has been shed has scarcely been absorbed — before their bodies have passed through the stages of decom- yiosition — what do I find? The rebellion is put down by the strong arm of the Government in the field. But is this the only way in which 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 aff'ection and love to their wives and their children — we are now almost inaugurated into another re- bellion. One rebellion was the effort of States to se- cede, and the war on thepartof thoGovernment ,vas to prevent them from accomf)lishing that, and ttiereby changing the character of our Gov- ernment and weakening its power. 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 the Republic, which is equally 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 sometimes the revolutions most distressing to a people are ef fected without the shedding of blood. That is, the substance of your Government may be taxen away, while there is held out to j'ou the form and the shadow. And now, what are the at- tempts, and what is being jiroposed? We find that by an irresponsible central directory nearly all the powers of Congress are assumed, without even consulting the legislative and executive departments of the Government. By a resolution reported by a committee, 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 Representatives, to be the judges of elections, returns, and qualifications of its own members, 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 nf 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 beginningof that struggle that a State h;td not a right to go out. You said it im I neitt:' : the right nor the powe-, nnd it ha.-^ n .-ettled that the States had Beither the right nor the power to go out of the I nion. An" "vi.en .'ou determine by the executive, by the military, aLd by the public judgment, that these States cannot have any right to gr out, this committee turns around and assume*- that they are out, and that they shall not come \:\ I am free to say to yon, as your Executive. that I am notpreyiared to take any such position. 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 tho lie direct to all that I profess to have done during the last four years. 1 say that when the States that attempted to secede comply with the Con- stitution, and give sufficient evidence of loyalty. I shall extend to them the right hand of fellow- ship, and let peace and union be restored. I am opposed to the Davises, the Toombses, the Slidells, and the long list of such. But wiien I perceive, on the other hand, men — [A vome, 'Call them off"] — I care not by what name you call them — still opposed to the Union, I ■mi iree to say to you that I am still with the people. I arn still for the preservation of these States, for the preservation of this Union, and in favor off,hi« 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 Tho genllcmau calls for three names. I am .talking to my friends and fellow-citizens here. Suppose I should name to you those whom I look 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 though my enemies may traduce, slander, and vituperate, I may say, that has no force. In addition to this, I do not intend to be gov- erned by real or pretended friends, nor do I in- tend to be bullied by my enemies. An honest conviction is my sustenance, the Constitution my guide. 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, in particular reigns, it would have cost an individual his head. What usurpation has Andrew Johnson been guilty of? [Cries of " None."] My onl}'- usur- pation has been committed by standing between tlie people and the encroachments of power. And because I dared say in a conversation with a. fellovz-citizen and a Senator too, that I thought amendments to the constitution ought not to be io 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 " midst of eartliquakes and he trembled." Yes, there is an earthquake approaching, there is a groundswell coming, of popular judgment and indignation. The American people will speak, and by their instinct, if in no other way, know who are their friends, when and whore and in whatever position I stand — and I have occupied many positions in the government, going through 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 President. No, I did not want any patchwork. But we pass by this digression. Intimations have been thrown out — and when principles are involved and the existence of my country imperiled, I will, as on, former occa- sions, speak what I think. Yes ! Cost him his head ! Usurpation ! 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 made 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 inuendoes of a-n indirect character in high places to have one say to a man v;ho 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 thirst still unslaked ? Do they want more blood ? Have they not honor and courage enough to eti'ect 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 wliero one brave man can oppose another. I hold hira 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 my blood is to be shed because I 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 tlien, if necessary, lay me upon it, and the blood tbat now warms and animates 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, th.in I intended. Witli many acknowledgments for the honor you have done me, I will say one word in reference to the amendments to the Constitution 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 was not contained in the Presi- dent's proclamation. This met with his appro- bation, and he gave me encouragement. In talking upon the subject of amendments to the Constitution, he said, " when the amendment to the Constitution now proposed is adopted by three-fourths of the States, I shall be pretty nearly or quite done as regards forming amend- 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 Constitution, as they were be- fore ; and there should be an amendment to the Constitution which would compel the States to send their Senators and Representatives to the Congress of the United States." He saw, as part of the doctrine of secession, that the States could, if they were prepared, withdrav/ their Senators and Representatives ; and he wished to 62 POLITICAL MANUAL. remo'ly this evil by the adoption of the amend- mfiit9iig'g>3sted. Even that jiortion of the Con- stitutio '^\ hich 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 Representatives elect from thence are rnet at the door, and told: " No ; you must pay taxes, but you cannot participate in a Gov- ernment which is to aflect you for all time." Is this just? [Voices — "No! 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 havo erred, but let us admit those into the counsels of the nation who are unmistakably loyal. Let the man who acknowl- 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 anj'' difference ; it is mere detail, which I care nothing about;) let him be unquestionably loyal to the Constitution of the United States and its Government, and willing to support it in its peril, and I am willing to trust him. I know that some do not attach so much importance to the principle as I do. One principle that carried us through the revolution was, that there should be no taxation with- out representation. I hold that that principle, which was laid down by our fathers for the country's good then, is important to its good now. If it was worth battling for then, it is worth battling for now. It is fundamental, and should be preserved so long as our Government lasts. I know it was said by sume during the rebellion that the Constitution had been rolled up as a piece of parchment, and should be put away, and that in time of rebellion there was no constitution. But it is now unfolding ; it must now be read and adjusted and understood by the American people. I come here to-day to vindicate, in so far as I can in these remarks, the Constitution ; to save it, as I believe ; for it does seem that encroach- ment after encroachment is to be pressed ; and as I resist encroachments on the Government, I stand to-day prepared to resist encroachments on the C-onstitution, and thereby preserve the Government. It is now peace, and let us have fieace. Let us enforce the Constitution. Let us ,ive under and by its provisions. Let it be published in blazoned characters, as though it were in the heavens, so that all may read and all may understand it. Let us consult that in- etrument, and, understanding its principles, let us apply them. I tell the opponents of this Government, and I care not from what quarter they ("ome — East or West, North or South — " you that are engaged in the work of breaking up this Government are mistaken. The Constitu- tion and tlie princii)le3 of free government are deefily rooted in the American heart." All the powers combined, I care not of what character they are, cannot destroy the image of freedom. They may succeed for a time, but their attempts will bo futile. They may as well attempt to lock up the winds or chain the waves. Yes, they may as well attempt to repeal it, (as it would seem the Constitution can be,) by a con- current resolution ; but when it is submitted to the popular judgment, they will find it just aa well to introduce a resolution repealing the law of gra\ itation ; and the idea of preventing the restoration of the Union is as about as feasible as resistance to the great law of gra\it}' which binds all to a common centre. This great law of gravitation will bring back those States to harmony and their relations to the Federal Gov- ernment, and all machinations North and South cannot prevent it. All that is wanting is time, until the American people can understand what is going oa, and be ready to accept the view just as it appears to me. I would to God that the whole American people could be assem- bled here to-day as you are. I could wish to have an amphitheatre large enough to con- tain the whole thirty millions, that they could be here and witness the great struggle to pre- serve the Constitution of our fathers. Ihey could at once see what it is, and how it is, and what kind of spirit is manifested in the attempt to destroy the great principles of free govern- ment ; and they could understand who is for them and who is against them, and who was for ameliorating their condition. Their opposers could be placed before them, and there might be a regular contest, and in the first tilt the ene- mies of the country would be crushed. I have detained you longer than I intended ; but in this struggle I am your instrument. Where is the man or woman, in private or public life, that has not always received my attention and my time? Sometimes it is said, "that man John- son is a lucky man." I will tell you what con- stitutes good fortune. Doing right and being for the people. The people in some particular or other, notwithstanding their sagacity and judgment, are frequently underrated or under- estimated ; but somehow or other the great mass of the people will find out who is for them and who is against them. You must indulge me in this allusion, when I say I can lay my hand on my bosom and say that in all the positions in which I have been placed — many of them as trying as any in which mortal man could be put — so far, thank God, I have not deserted the people, nor do I believe they will desert me. What sentiment have I swerved from ? Can my calumniators put their finger on it? Can they dare indicate a discrepancy or a deviation from principle ? Have you heard them at any time quote my predecessor, who fell a martyr to his course, as coming in controversy with anything I advo- cated ? An inscrutable Providence saw proper to remove him to, I trust, a better world than this, and I came into power. Where is there one principle in reference to this restoration that I have departed from? Then the war is not simply upon me, but it is upon my predecessor. I have tried to do my duty. I know some ara jealous in view of the White House, and I say all that flummery has as little influence on me as it had heretofore. The conscious satisfaction of having performed my duty to my country, my children, and my God, is all the reward which I shall ask. In concUu-ion of what I have to say, let me ask this vast concourse, this sea of upturned PRESIDENTIAL INTERVIEWS AND SPEECHES. 63 faces, to go with me — or I will go with you — AD 'i stand around the Constitution of our country ; it is a^ain unfolded, and the people are invited to read and understand it, and to maintain its provisions. Let us stand by the principles of our fathers, though the heavens fall; and then, though factions array their transient forces to give vituperation after vituperation in the most virulent manner, I intend to stand by the Con- stitution as the chief ark of our safety, as the palladium of our civil and religious liberty. Yes, let us cling to it as the mariner clings to the last plank when the night and the tempest close around him. Accept my thanks, gentlemen, for the indul- gence you have given me in my extemporaneous remarks. Let us go on, forgetting the past and looking only upon the future, and trusting in Him that can control all that is on high and here below, aud hoping that hereafter our Union will be restored, and that we will have peace on earth and good will towards man. Speech to the Colored People of the District of Columbia, Celebrating the Third Anniversary of their Emancipation. April 19, 1866 — I have nothing more to say to you on this occasion than to thank you for this compliment you have paid me in presenting yourselves before me on this your day of cele- bration. I come forward for the purpose of in- dicating my approbation and manifesting my appreciation of the respect thus ofi'ered or con- ferred. I thank you for the compliment, and I mean what I say. And I will remark in this connec- tion to this vast concourse that the time will come, and that, too, before a great while, when the colored population of the United States will find out who have selected them as a hobby and a pretence by which they can be successful in obtaining and maintaining power, and who have been their true friends, and wanted them to participate in and enjoy the blessings of freedom. The time will come when it will be made known who contributed as much as any other man, and who, without being considered egotis- tic, I may say contributed more, in procuring the great national guarantee of the abolition of slavery in all the States, by the ratification of the amendment to the Constitution of the United States — giving a national guarantee that slavery shall no longer be permitted to exist or be re- established in any State or jurisdiction of the United States. I know how easy it is to cater to prejudices, and how easy it is to excite feelings of prejudice and unkindness. I care not for that. I have been engaged in this work in which my all has been periled. I was not engaged in it as a hobby, nor did I ride the colored man for tho sake of gaining power. What I did wa-s for the purpose of esta!)lishing the great principles of freedom, And, thank God, I feel and know it to be so, that my efforts liave contributed as much, if not more, in accomplishing this great national guarantee, than those of any other living man in the United States. It, is very easy for colored men to have pre- tended friends, ensconced in high places, and far removed from danger, whose eyes have only abstractly gazed on freedom ; who have never exposed their limbs or property, and who never contributed a sixjience in furtherance of the great cause, while another periled his all, and put up everything sacred and dear to man, and those whom he raised and who lived with him now enjoy his property with his consent, and receive his aid and assistance; yet some who as- sume, and others who have done nothing, are considered the great defenders and protectors of the colored man. I repeat, my colored friends, here to-day, the time will come, and that not far distant, when it will be proved wiio is practically your best friend. My friendship, so far as it has gone, has not been for place or power, for I had these already. It has been a principle with me, and I thank God the great I'nnciple has been established, that wherever any individual, in the language of a distinguished orator and statesman, treads Amer- ican soil, his soul swells within him beyond the power of chains to bind him, in appreciation of the great truth that he stands forth redeemed, regenerated, and disenthralled by the genius of universal emancipation! Then let me mingle with you in celebration of the day which commenced your freedom. I do it in sincerity and truth, and trust in God the blessings which have been conferred may be en- joyed and appreciated by you, and that you may give them a proper direction. There is something for all to do. You have high and solemn duties to perform, and you ought to remember that freedom is not a mere idea. It must be reduced to practical reality. Men in being free have to deny themselves many things which seem to be embraced in the idea of universal freedom. It is with you to give evidence to the world and the people of the United States, whether you are going to appreciate this great boon as it should be, and that you are worthy of being freemen. Then let me thank you with sincerity for the compliment you have paid me by passing through here to-day and paying your respects to me. I repeat again, the time will come when you will know who has been your best friend, and who has not been your friend from merce- nary considerations. Accept my thanks. "VI. SPECIAL AND VETO MESSAGES OF PRESIDENT JOHNSON, ■WITH THE VOTES IN CONGRESS ON THE PASSAGE OF THE VETOED BILLS. The Annual Message, December 4, 1865. The following extracts relate to reconstruc- tion : I found the States suffering from the effects of a civil war. Eesistance to the General Gov- ernment appeared to have exhausted itself. The United States had recovered possession of their forts and arsenals, and their armies were in the occupation of every State vrhioh had at- tempted to secede. Whether the territory within the limits of those States should he held as conquered territory, under military authority emanating from the President as the head of the army, was the first question that presented itself for aecislon. Now, military governments, established for an indefinite period, would have offered no se- curity for the early suppression of discontent ; would have divided the people into the van- quishers and the vanquished ; and would have envenomed hatred, rather than have restored affection. Once established, no precise limit to their continuance was conceivable. They would have occasioned an incalculable and exhausting expense. Peaceful emigration to and from that portion of the country is one of the best means that can be thought of for the restoration of harmony, and that emigration would have been prevented ; for what emigrant from abroad, what industrious citizen at home, would place himself willingly under military rule? The chief persons who have followed in the train of the army would have been dependents on the General Government, or men who expected profit from the miseries of their erring fellow- citizens. The powers of patronage and rule which would have been exercised, under the President, over a vast and populous and natu- rally wealthy region, are greater than, unless uncfer extreme necessity, I should be willing to intrust to any one man ; they are such as, for myself, I could never, unless on occasions of great emergency, consent to exercise. The wil- ful use of such powers, if continued through a period of years, would have endangered the purity of the general administration and the liberties of tlie States which remained loyal. Besides, the policy of military rule over a conquered territory would have implied that the States whose inhabitants may have taken part in the rebellion had, by the act of those inhabitants, ceased to exist. But the true theory i.s, that all pretended acts of secession wore, from the beginning, null and void. The States cannot commit treason, nor screen the individ- ual citizens who may have committed treason, any more than they could make valid treaties or engage in lawful commerce with any foreign po7'er. The States attempting to secede placed themselves in a condition where their vitality was impaired, but not extinguished — their func- tions suspended, but not destroyed. But if any State neglects or refuses to perfoi-in its offices, there is the more need tliat the General Government should maintain all its nutliority, and, as soon as practicable, resume the exorcise of all its functions. On this principle I liave acted, and have gradually and quietly, and by almost imperceptibe steps, sought to restore the rightful energy of the General Government and of the States. To that end, provisional gov- ernors have been appointed for the States, con- ventions called, governors elected, legislatures assembled, and Senators and Representatives chosen to the Congress of the United States. At the same time, the Courts of the United States, as far as could be done, have been reopened, so that the laws of the United States may be en- forced through their agency. The blockade has been removed and the custom-houses re-estab- lished in yiorts of entry, so that tlie revenue of the United States may be collected. The Post Office Department renews its ceaseless activity, and the General Government is thereby enabl-^d to communicate promptly with its ofiicers and agents. The courts bring security to persons and yiroperty ; the opening of the ports invites the restoration of industry and commerce ; the post office renews the facilities of social inter- course and of business. And is it not hap[>y lor us all, that the restoration of each one of theso functions of the General Government brings with it a blessing to the States over which they are extended? Is it not a sure promise of har- mony and renewed attachment to the Union that, after all that has happened, the return of the General Government is known only as a ben'^'ficence ? I know very well that this policy is attended with some risk ; that for its success it requires at least the acquiescence of the States which it concerns; that it implies an invitation to thoso States, by renewing their allegiance to the United States, to resume their functions as States of tho Union. But it is a risk that must be taken ; in the choice of difficulties, it is the smallest risk; and to diminish, and, if possible, to remove all 64 VETOES AND VOTES. 65 danf;;er, I nave felt it incumbent on me to assert one other pov/er of the General Government — the power of pardon. As no State can throw a defence over the crime of treason, the power of pardon is exclusively vested in the executive government of the United States. In exercising that power, I have taken every precaution to connect it with the clearest recognition of the binding force of the laws of the United States, and an unqualitied acknowledgment of the great social cliange of condition in regard to slavery which has grown out of the war. The next step which I have taken to restore the constitutional relations of the States, has been ftn invitation to them to participate in the high office of amending the Constitution. Every pa- triot must wish for a general amnesty at the earliest epoch consistent with public safety. For this great end there is a need of a concurrence of all opinions, and the spirit of mutual concil- iation. All parties in the late terrible conflict must work together in harmony. It is not too much to ask, m the name of the whole people, that, on the one side, ihe plan of restoration shall proceed in conformity with a willingness to cast the disorders of the past into oblivion ; and that, on the other, the evidence of sincerity in the future maintenance of the Union shall be put beyond any doubt by the ratification of the propo.-^ed amendment to the Constitution, which provides for the abolition of slavery forever within the limits of our country. So long as the adoption of this amendment is delayed, so long will doubt and jealousy and uncertainty pre- vail. This is the measure which will efface the sad memory of the jast; this is the measure which will most certainly call population and capital and security to those parts of the Union that need them most. Indeed, it is not too much to ask of the States which are now resuming their places in the family of the Union to give this pledge of perpetual loyalty and peace. Until it is done, the past, however much we may desire it, will not be forgotten. The adoption of the amendment reunites us beyond all power of disruption. It heals the wound tliat is im- perfectly closed ; it removes slavery, the element which has so long perplexed anci divided the country ; it makes of us once more a united people, renewed and strengthened, bound more than ever to mutual ati'ection and support. The amendment to the Constitution being adopted, it would remain for the States, whose powers have been so long in abeyance, to re- sume their places in the two branches of the na- tional legislature, and thereby complete the work of restoration. Here it is for you, fellow- citizens of the Senate, and for you, fellow-citi- zens of the House of Representatives, to judge, each of you for yourselves, of the elections, re- turns, and qualiiKations of your own members. The full assertion of the powers of the Gene- ral Government requires the holding of circuit courts of the United States within the districts where their authority has been interrupted. In the present posture of our public affairs, strong objections have been urged to holding those courts in any of the States where the rebellion has existed ; and it was ascertained, by inquiry, that the circuit court of the United States would no*- bo held within the district of Virginia dur- ing the autumn or early winter, nor until Con- gress should have " an opportunity to consider and act on the whole subject." To your delib- erations the restoration of this brancli of the civil authority of the United States is therefore necessarily referred, with the hope that early provision will be made for the resumption of all its functions. It is manifest that treason, most flagrant in character, has been committed. Persons who are charged with its commission should have fair and impartial trials in the highest civil tribunals of the country, in order that the Constitution and the laws may be fully vindicated ; the truth clearly established and affirmed that treason is a crime, that traitors should be punished and the offence made infa- mous ; and, at the same time, that the question be judicially settled, finally and forever, that no State of its own will has the right to renounce its place in the Union. The relations of the General Government to- wards the four millions of inhabitants whom the war has called into freedom Lave engaged my most serious consideration. On the pro- priety of attempting to make the freedmen elec- tors by the proclamation of the Executive, I took for my counsel the Constitution itself, the interpretations of that instrument by its au- thors and their contemporaries, and recent legis- lation by Congress. When, at the first move- ment towards independence, the Congress of the United States instructed the several States to institute governments of their own, they left each State to decide for itself the conditions for the enjoyment of the elective franchise. During the period of the confederacy, there continued to exist a very great diversity in the qualifica- tions of electors in the several States ; and even within a State a distinction of quajification pre vailed with regard to the officers who were to be chosen. The Constitution of the United States recognises the diversities when it enjoins that, in the choice of members of the House of Representatives of the United States, " the elec- tors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature." After the formation of the Constitution, it remained, as before, the, uniform usage for each State to en- large the body of its electors, according to its own judgment; and, under this system, one State after another has proceeded to increase the number of its electors, until now universal suffrage, or something very near it, is the gene- ral rule. So fixed was this reservation of power 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 ; and in the acts; of Congress, during that period, nothing can be- found which during the continuance of hostili- ties, much less after their close, would have sanc- tioned any departure by the Executive from a policy which has so uniformly obtained. More- over, a concession of the elective franchise to the freedmen, by act of the President of the United States, must have been extended to all colored men, wherever found, and so mast have established a change of suffrage in the Northern, Middle, and Western States, not less than in the 66 POLITICAL MANUAL. Soutlicm and Southwestern. Such an act would have created a new class of voters, and would havf been an assumption of power by the Presi- dent which notliing in the Constitution or laws of the- United States would have warranted. On the other hand, ever\' danger of conflict is avoided when the settlement of the question is referred to the several States. They can, each for itself, decide on the measure, and wliether it is to be adopted at once and abi^olutel3^ or intro- duced gradually and with conditions. In my judgment, the freedmcn, if they sliow patience and manly virtues, will sooner obtain a partici- pation in the elective franchise through ti)e States than through the General Government, even if it had power to intervene. When tlie tumult of emotions that have been raised by the suddenness of the social change shall have sub- sided, it may prove that they will receive the kindliest usage from some of those on whom they have heretofore most closely depended. But while I have no doubt that now, after the close of the war, it is not competent for the General Government to extend the elective fran- chise in the several States, it is equally clear that good faith requires the security of the freed- msn in their liberty and in their property, their right to labor, and their right to claim the just return of their labor. I cannot too strongly urge a dispassionate treatment of this subject, which should be carefully kept aloof from all party strife. We must equally avoid hasty as- nimptions of any natural impossibility for the two races to live side by side, in a state of mu- tual benefit and good will. The experiment involves us in no inconsistency; let us, then, go on and make that experiment in good faith, and not be too easily disheartened. The country is in need of labor, and the freedmen are in need of employment, culture, and protection. Wiiile their right of voluntary raij^ration and expatria- tion is not to be questioned, I would not advise their forced removal and colonization. Let us rather encourage them to honorable and useful industry, where it may be beneficial to them- selves and to the country; and, instead of hasty anticipations of the certainty of failure, let there 1)6 nothing wanting to the fair trial of the ex- periment. The change in their condition is the eubstitution of labor by contract for tlie status of slavery. The freeduian cannot fairly be ac- cused of unwillingness to work, so long as a doubt remains about his freedom of choice in his pursuits, and the certainty of his recovering his stipulated wages. In this the interests of the employer and the employed coincide. The employer desires in his workmen spirit and alac- rity, and these can be permanently secured in no other way. And if the one ouglit to be able to enforce the contract, so ought the other. The public interest will be best promoted if the sev- eral States will provide adequate protection and remedies for the freedmen. Until this is in some way accomplished, there is no chance lor the advantageous use of their labor ; and the blame of ill success will not rest on them. I know that sincere philanthropy is earnest for the immcdiato realization of its remotest aims ; but time is always an element in reform. It is one of tlie greatest acts on record to have brought four mulions of people into freedom. The career of free industry must be fairly opened to them : and then their future prosperity and condition must, after all, rest mainly on "them- selves. If they fail, and so perish away, let u* be careful that the failure shall not be attribu- table to any denial of justice. In all that re- lates to the destiny of the freedmen, we need not be too anxious to read the future; many in- cidents which, from a speculative point of vietr, might raise alarm, will quietly settle themselves. Now that slavery is at an end or near its end, the greatness of its evil, in the point of view of public economy, becomes more and more appar- ent. Slavery was essentially a monopoly of labor, and as such locked the States where it prevailed against the incoming of free industry. Where labor was the property of the capitalist, the white man was excluded from employment, or had but the second best chance of finding it ; and the foreign emigrant turned away from the region where his condition would be so precari- ous. With the destruction of the monopoly, free labor will hasten from all parts of the civil- ized world to assist in developing various and im- measurable resources which have hitherto lain dormant. Tlie eight or nine States nearest tlie Gulf of Mexico have a soil of exuberant fertility, a climate friendly to long life, and can sustain a denser population than is found as yet in any part of our country. And the future influx of population to them will be mainly from the North, or from the most cultivated nations in Europe. From the suS'erings that have attend- ed them during our late struggle, let us look away to the future, which is sure to be laden for them with greater prosperity than has ever before been known. The removal of the mo- nopoly of slave labor is a pledge that tho§e re- gions will be peopled by a numerous and enter- prising population, which will vie with any in the Union in compactness, inventive genius, wealth, and industry. Message on the late Insurrectionary States. To the Senrnte of the United States : In reply to the resolution adopted by the Sen- ate on the 12th instant, I have the honor to state that the rebellion waged by a portion of the people against the properly-constituted authorities of the Government of the United States has been suppressed ; that the United States are in possession of every State in which the insurrection existed ; and that, as far as could be done, the courts of the United States have been restored, post offices re-established, and steps taken to put into effective operation the revenue laws of the country. As the result of the measures instituted by the Executive, with the view of inducing a resumption of the functions of the States com- prehended in the inquiry of the Senate, the people in North Carolina, South Carolina, Geor- gia, Alabama, Mississippi, Lonisiana, Arkansas, and Tennessee, have reorganized their re^-pect- ive State governments, and " are yielding obe- dience to the laws and Government of the Uni- ted States" with more willingness and greater promptitude than under the circumstances could reasonably have been anticipated. The pro posed amendment to the Constitution, provid- ing for the abolition of slavery forever within VETOES AND VOTES. 67 the limits of the coiintrj', has heen ratified by each one of those States, with the oxception of Mississippi, from which no oiScial information has yet been received ; and in nearly all of them measures have been adopted or are now pending, to confer upon freedmsn rights and privileges which are essential to their comfort, protection, and security. In Florida and Texas the people are making commendable progress in restoring their State governments, and no doubt is entertained that they will at an early period be in a condition to resume all of their practical relations to the Federal Government. In " that portion of the Union lately in re- bellion" the aspect of affairs is more promising than, in view of all the circumstances, could well have been expected. The people through- out the entire South evince a laudable desire to renew their allegiance to the Government, and to repair the devastations of war by a prompt and cheerful return to peaceful pursuits. An abiding faith is entertained that their actions vill conform to their professions, and that, in acknowledging the supremacy of the Constitu- tion and the laws of the United States, their loyalty will be unreservedly given to the Gov- ment, whose leniency they cannot fail to ap- preciate, and whose fostering care will soon restore them to a condition of prosperity. It is true that in some of the States the de- moralizing effects of the war are to be seen in occasional disorders; but these are local in character, not frequent in occurrence, and are rapidly disappearing as the authority of civil law is extended and sustained. Perplexing ques- tions were naturally to be expected from the great and sudden change in the relations be- tween the two races; but systems are gradually developing themselves under which the freed- man will receive the protection to which he is justly entitled, and by means of his labor make himself a useful and independent member of the community in which ho has his home. Fr.im all the information in my possession, and from that which I have recently derived from the most reliable authority, I am induced to cherish the belief that sectional animosity is surely and rapidly merging itself into a spirit of nationality, and that representation, con- nected with a properly-adjusted system of tax- ation, will result in a harmonious restoration of the relations of the States to the national Union. The report of Carl Schurz is herewith trans- mitted, as requested by the Senate. No reports from Hon. John Covode have been received by the President. The attention of the Senate is invited to the accompanying report of Lieuten- ant General Grant, who recently made a tour of inspection through several of the States whose inhabitants participated in the rebellion. AsDREW Johnson. Washington, D. C, December IS, 1865. Accompanying Report of General Grant. Headquarters Armies of the U. S., Washington, D. C, December 18, 1865. Sir : In reply to your note of the 16th inst., requesting a report from me giving such infor- mation as I may be possessed of, coming within the scope of the inquiries made by the Senate of the United States in their resolution of th-^ 12th instant, I have the honor to submit the fol- lowing ; With your approval, and also that of the hon- orable Secretary of War, I left Washington citv on the 27th of last month for the purpose of making a tour of inspection through some of the Southern States, or States lately in rebellion, and to see what changes were necessary to be made in the disposition of the military forces o( the country ; how these forces could be reduced and expenses curtailed, &c.; and to learn, as far as possible, the feelings and intentions of the citizens of those States toward the General Government The State of Virginia being so accessible to Washington city, and information from this quarter therefore being readily obtained, I has- tened through the State wuthout conversing or meeting with any of its citizens. In Raleigh, North Carolina, t spent one day ; in Charleston, South Carolina, two days ; Savannah and Au- gusta, Georgia, each one day. Both in traveling and while stopping, I saw much and conversed freely with the citizens of those States, as well as with officers of the army who have been sta- tioned among them. The following are the con- clusions 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 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 until such time as labor returns to its proper channels, and civil authority is fully established. I 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 forca 68 POLITICAL JMAXUAL. is necessary,) should all be white troops. Tlie reasons for lliis are olivious without mentioning many of them. Tlie presence of black troops, lately slaves, demoralizes labor both by their ad- vice and by I'urnishing in their camps a resort for the froedmeu for long distances around. White 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 sufEcient to defend themselves. It 13 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, find the late slave seems to be imbued v^ith the idoa that the property of his late master should by right belong to him, or at least should have no protection from the colored Boldier. 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- ttructing, they want and require protection from the Government ; that they are in earnest in wishing to do what they 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. 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 some of the States its affairs have not been conduct- ed with good judgment or economy, and that the belief, widely 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, securing 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 lo 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 mupt expect to live. To this end they encleavor to cecure employment for them, and to see that bni,h contracting parties comply with their cn- gf^-gements. lu .sumo instances, I am sorry to pay, the freedman's mind does not seem to be •lisabused of the idea that a freedman has the right to live withaut care or provision for the fuluro. Tlio effect of the belief in division of lands is idleness and accumulation in camps, towns, and cities. In 9uch cases I think it will be found tliat vice and disease will tond to the extermination, or great reduction of the colored race. It cannot be expected that the oinnions 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 ihem good counsel, and in whom they can rely. The Freedmen's Bureau, being separated from the military establishment of the 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 bein^ carried out ; and would relieve from duty and pay a large number of employes of the Govern- ment. I have the honor to be, very respectfully, your obedient servant, U. S. Geaut, Lieutenant General. His Excellency A. JonNsoN, President of the United States. Veto of the Freedmen'o Bureau Bill, February 19, 1866. To the Senate of the United States : I have examined with care the bill which originated in the Senate, and has been passed by the two Houses of Congress, to amend an act entitled " An act to establish a Bureau for the relief of Freedmen and Refugees," and for other purposes. Having, with much regret, come to the conclusion that it would not be consistent with the public welfare to give my approval to the measure, I return the bill to the Senate with my objections to its becoming a law. I might call to mind, in advance of these ob- jections, that there is no immediate necessity for tlie proposed measure. The act to establish a bureau for the relief of freedmen and rel'ugees, which was approved in the month of March last, has not yet expired. It was thought strin- gent and extensive enough for the purpose in view in time of war. Before it ceases to have effect, further experience may assist to guide ua 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 tlieir 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 jiroposes to establish, by authority of 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 Un'ted States in VETOES AND VOTES. 69 which the freedmen mDst ahound ; and it ex- pressly oxteii'ls the existing temporary jurisdic- tion of tlie freedmen's bureau, with greatly enlarged powers, over those States "in which the ordinary course of judicial proceedings has been interrupted by the rebellion." The source from which this military iuriridiction is to eman- ate is none other than the President of the United States, acting through the War Department and the Commissioner of the Freedmen's Bureau. The agents to carry out this military jurisdiction are to be selected either from the armj^ or from civil life ; the country is to be divided into dis- tricts and sub-districts, and the number of salaried ageuts to be employed may be equal to the num- ber of counties or parishes in all the United States where freedmen and refugees are to be found. The subjects over which tliis 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 of 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, custom, or prejudice." In those eleven States, the bill subjects any white y>erson who may be charged v.'ith depriving a freedman of " any civil rights or immunities be- longing to white persons " to imprisonment or fine, or both, without, however, defining the " civil rights and immunities" which are thus to be secured to the freedmen by military law. Tliis 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 of the 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, are 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 charges 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 which the Constitution of the United States vests exclu- sively the judicial power of the country. while the territory and the classes of actions and oflfences that are made subject to the measure are so extensive, the bill itself, should it become a law, will have no limitation in point of time, but will form a part of the permanent legisla- tion oi 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 otherwise infamous crime unless upon a presentment or indictment of a grand jury, except in cases arising in the land anrl 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 enjoy the right to a speedy and public trial, by an impartial jury of the State or district wherein tiie crime shall have been committed." Tlie safeguards which the experience and wisdom of ages taught our fathers to establish as securities for the protection of the innocent, the punish- ment of 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, over who^e decisions there is to be no supervision or control by the federal courts. The power that would be thus placed in the hands of 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. Ofl'ences 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 that 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 h-we obtained from an official source the fnllnw'ng Btatement, not of tlie iiuml>er of persons relieved, but of the number of rations issued by the Freedmen's Kii- rfiau, in each State, from June 1, 1S65, to April 1, 18G6— ten months: Refurfff. FrecAmen. Tnfal. Virginia 4'635 1,676,127 1,680,762 North Carolina 4,474 902,776 907,450 South Carolina and Georgia 21,974 801,653 886,627 Alabama 879,053 304,215 1,243,568 Louisiana 4,330 296,431 300,761 Texas 1C6 3.521 3.6S7 • Mississippi 33,489 308,391 3tl,8S0 Arkansas 1,004,S62 715,572 1,720,434 Kentucky and Tennessee.... 87.180 306,960 394.140 District of Columbia 3,834 440,626 444,460 2,047.297 5,876,272 7,923,560 Total number of rations issued to freedmen for ten mouths 5,376,272 Total number of rations issued to refugees i,fti7,297 Total number of rations issued to whites and bl.acks for ten months, from June 1, 1865, t(» April i; 1866 7,92^,569 70 POLITICAL MANUAL. Freedmen's Bureau, established b}'- the act of 18G5, as one of many great and extraordinary military measures to suppress a formidable re- bellion, a permanent branch of the public admin- istrati'^n, v.'iih its powers greatly enlarged. I \.^,t3 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 tliat lime, and lor a con- Biderable period thereafter, tlie Government of the United Slates remained unacknowledged in most of the States whose inhabitants had been involved in the rebellion. The institution of elavery, for the military destruction of which the Freedmen's Bureau was called into existence as an auxiliar)'-, has been already effectually and finally abrogated througiiout the whole country by an amendment of the Constitution of the Unil«d Stater, and practically its eradication has 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, wiiich were effective for the protection of freedraen and refugees during the actual continuance of hostilities and of African servitude, will now, in a time of peace, and after the abolition of slavery, prove inadequate to the same proper ends. 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 u-ives and children. Succeeding sections make provision for the rent or purchase of landed es- tates for freedmen, an^l for the erection for liieir benefit of suitable buildings for asylums and Schools — the expenses to be defrayed from the treasury of the whole people. Tiie Congress of the United States has never heretofore thought itself empowered to establish asylums bevmid tiie limits of the District of Columbia, excejk for tiie benefit of our disabled soldiers and sailors It has never founded schools for any class of our 'own people; not even for the orphans of tliose who have fallen in the defence of the Union, but has left the care of education to the mucli more competent and efficient control of the States, of communities, of private associa- tions, and of individuals. It has never deemed itself authorized (o 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 ])ersons in the United States was never contem- plated by the authors of the Constitution; nor can any good reason be advanced wliy, 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 refugee's and freedmen received support from theCovernment. but it was never intended tliat they siiould thenceforth be fed, clothed, educated, and siiel- tered by the United Slates. 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 imply that they are not expected to attain a self-sus- taining 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 otiicers and their clerks, to be appointed by the President, will be great in the beginning, with a tendency steadily to increase. The appropriations asked by the Freedmen's Bureau, as now established for the year 1866, amount to $ll,7-ir),00.'J it may be safely estimated that the cost to b(! in- curred under the pending bill will require double that amount — more than the entire sum expend^ in any one year under the administration of I lie second Adams. If the presence of agents in every parish and county is to be considered as a war measure, opposition, or even resistance, 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 be 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 Puo Grande. The condition of our fiscal affairs is encouraging; but, in order to sustain the present measure of public confulence, it is necessary that we practice, not merely cus- tomary economy, but, as far as possible, severe retrenchment. In addition to the objections already stated, the fifth section of the bill proposes to take away land from its former owners without any legal proceedings being first had, contrary to 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 as citizens of the United States. If any por- tion of the land is held by such persons, it is n<}t competent for any authority to deprive them of it. If, on the other hand, it be found that the property is liable to confiscation, even tlien 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 on grounds seriously affecting the class of persons to whom it is designed to bring relief. It v/ill 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 authorities, 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 inaj- at first be imagined. He is in a portion of the country where his labor caiiAOt well be spared. Competition for his services from planters, from those who are constructing or repairing rail- roads, and from capitalists in his vicinage, or from other States, will enable him to com.mand almost his own terms. He also possesses a p?r- VETOES AND VOTES- 71 feet right to change his place of abode ; and if, therefore, he does not find in one community 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 by 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 ihe exceedingly great demand for labor will not operate in favor of the laborer. Neither is sufScient consideration given to the ability of the freedmen to protect and take care of themselves. It is nomorethan justice to them to believe that as they have received their free- dom with moderation and forbearance, so they will distinguish themselves by their industry and thrift, and soon show the world that in a condi- tion of freedom they are self-sustaining, capable of selecting their own employment and their own places of abode, of insisting for themselves on a proper remuneration, and of establishing and maintaining their own asylums and schools. It is earnestly hoped that, instead of wasting away, tliey 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, and 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 States contain- ing freedmen and refugees ? Such a system would injH'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 Representative, 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 equal suffrage in the Senate." The origi- nal act was necessarily passed in the absence of the States chietiy to be afl'ected, because their people were then contumaciously engaged in the rebellion. Now the case is changed, and some, at leasts 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 fact that reports 77ere and are made against tue good disposition of the people of that portion of the country i? an additional reason vihj 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 ati'ecti) g them- selves. While the liberty of deliberatii a would then be free, and Congress would hoive 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 uuques- 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 including the right to shut out, in time of peace, any State from the representation to wliicb 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 other 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 eseii>!:im, £lrlridgi\ Finck, Glossbrmner, Goodyear. Grider, RcdiertS. Hale, Uogan, Kdwin N. Hubbell, .huiKS M. Uiiitijihrey. K:rr, Latham. Marshall, McCidloiif/h._ Newell, ?i"ihlark, i\ic!ioho)i, Koell, Phelps, Radford, Ritier, Ji'iyrs. Jiciss. Rousseau, Shanklin, Silgreaves, Slrouse, Taber, Taylor, Trimble, Whaley— 3S. March 2 — The Senate passed the resolution — yeas 29, nays 18, as follow : Yeas — Messrs. Anthony, Brown, Chandler, Clark, Coi> ness, Cragin, Creswell, Fessenden, Foster, Grimes, Harris, Henderson, Ilowe, Kirkwood, Lane of Indiana, Morrill. Nye, Pi 'land, Pomeroy, Ramsey, Sherman, Sprague. Sumner, Trumbull, W'ade, Willey, Williams, Wilson. Yates — 29. Nays — Messrs. Buekatew, Cowan, Z'avws, Dixon, Doolittle, Gtillirie, J fendrirks. Johnson, hnnn of Kansas, McDougall, .Morgan, Ae-smilh. Norton, Riddle, Haulshury, Stewart, Stockton, Viiu Winkle — 18. VETOES AND VOTES. 73 bureau foi- 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 IStatss ; and the President may divide the section of coun- try containing such refugees and freedmen into districts, each containing one or more 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 armjr ; in which event each officer so assigned to duty shall serve without increase of pay or allowanceci. 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, and shall assign to each sub-district at least one agent, either a citizen, oiEcer of the army, or enlisted man, who, if an officer, shall serve without additional compensation or allowance, and if a citizen or enlisted 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- scribed in the first section of the act to which this is an amendment. And the commissioner may, when the same shall be necessary, assign to each assistant commissioner not exceeding three clerks, and to each of said agents one clerk, 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 Department and the commissioner, shall extend military jurisdiction and protection over all 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. Sec. 3. That the Secretary of War may direct such issues of provisions, clothing, fuel, and other supplies, including medical stores and transportation, and afi'ord 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 a-ct, who, being able to find employment, could by proper industry and exertion avoid such destitution, suffering, or dependence. Sec. 4. That the President is hereby author- ized to resorve from sale, or from settlement, itnder 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 fortj' acres each, to the loyal refugees and freedmen, who shall be protected in the use and enjoyment thereof for such term of time and at such annual rent as may be agreed on between the commissioner 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 land and receive a title thereto from the United States in fee, upon paying therefor the value of the land ascertained as aforesaid. Sec. 5. That the occupants of land under Major General Sherman's special field order, dated at Savannah, January sixteen, eighteen hundred and sixty-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 commissioner 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 said 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. Sec. 6. That the commissioner shall, under the direction 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 district in which the ordinary course of judicial pro- ceedings has been interrupted by the rebellion, and wherein, in consequence of any State or local law, ordinance, police or other regulation, 74 POLITICAL MANUAL. custom, or prejudice, any of the civil rights or immunities belonging to white persons, inclu- ding the right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and t>ersonal property, and to have full and equal )enetit of all laws and proceedings for the security of person aid estate, including the constitutional right of bearing arms, are refused or denied to negroes, mulattoes, 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 thorn 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 against. iSEC. 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, inulatto, 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 punislinient 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 liot ex- ceeding one thousand dollars, or imiirisonment not exceeding one year, or both ; a,nd it 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 agents of this bureau shall cease and determine whenever the discrimination on account of which it is con- ferred ceases, and in no event to bo 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 fully 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 the peaceable course of justice. Sec. 9. That all acts, or parts of acts, incon- eistent with the provisions of this act, are here- by repealed. The votes on passing this bill were: , Ik Senate. 1866, January 25 — The bill passed — yeas 37, nays 10, as follow : Yeas — MesRis. Anthony, Brown, Cliandler, Clark, Con- DQB8, Cragiu, Creswell, Dixuu, Doolittle, jressenUon, Foot, Fester, Grimes, Harris, Henderson, Howard, Howe. Kirt wood, Lime of Indiaua, Lane of Kansas, Morgan. Morrill, Nortou, Nye, Poland, Poiaerov, Ramsey, Shermun, S])ragno, Stewart. Sumner, Trumbull, Van Winkle, Wada, Williams, Wilson, Yates— 37. Nay.-s — Messrs. Bucl-aUw, Davis, Guthrie, Hendricks, Johnson, McDougall, Riddle, Saulshury, Stockton, Wright— In 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, BoutWfU, Brandegee, Broniwell, Broomall, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Coukling, Cook, Culloni, Darlini;, Davis, Biiwes, Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Dumout, Eckley, Eggleston, Eliot, Farns- wurth, Farquhar. Kerry, Garfield, Grinnell, Griswold, Uale, -A hner C. Harding, Hart, Hayes, Henderson, Uigby. Hill, Holmes, Hoo|]er, Hotehkigs, Asalicl W. Hubbard, Chester D. Hubbard, Demas Hubbard, John H. Hubbard, James R. Hubbell, James Humphrey, Iiige soil, Joiickes, Julian, Kas- son, Kelley, Kelso, Keteluuii, Kuykeudall, Lallin. Latham, George V. Lawrence. William hawrencp. Loan, Longyear, Lyn>h, Marston, Marvin, McClurg. Mcludoe, JlcKee, SIcRuer, Mei cur. Miller, Moorhead, Morrill, Morris, Moiil- < ton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, I'helps, Pike, Plants, Pomeroy, Price, William U.Randall, Baymuiid, Alexander H. Rice, Juhu II. Rice, Rollins, Saw- yer, Scheuck, Scutield, Shellabarger, Sloan, Smith. Spald ing. Starr, Stevens, Stilwell, Thayer, Francis Thomas, John L. Thomas. Trowbridge, Upson, Van Aernam. Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu li. Washburne, William li. Washburn, Welker, Wentworth. Whaley, Wil- liams, James F. Wilson, Stephen F. Wilson, Windom, Wood- bridge— 137. Nays — Messrs. Bayer, Brooks, Chanler, Dawson, Ehlridge, Finck, G!ossbrenne); Grider, Aaron Hardinp, Harris, Ho- pan, Edwin N. Hubbdl, James M. Humphrey, Kerr, Le Blond_ Marshall, McCulloutjh, Nihlack. jVicholson, Noell, Samuel J. Randall, Rilter, Rogers, Ross. Rousseau, Shanklin, Sitgrcaves, Strouse, Taber, Taylor, Tiiorfiton, Trimble, Wright— SZ. February 21 — In Senate, the vote on passing the bill, notwithstanding the objections of the President, was — yeas 30, nays 18, as follow : Yeas — Messrs. Anthony, Brown, Chandler, Clark, Conness, Cragiu, Crcswcll, Fessenden, Foster, Grimes, Ilariis, Hen- derson, Howard, Howe, Kirkwood, Lane of Indiana, Lane of Kansas, Morrill, Nye, Poland, Pomeroy, Ramsey. Sher- man, Sprague, Sumner, Trumbull, Wade, Williams, Wilson, Yates— 3U. Nats — Messrs. Buckaletv, Cowan, Davis, Dixon, Doolittle, Guthrie, Hendricks, Johnson, McDougall. Morgan, JVesmitli, Norton, Riddle, Saulsbury, Stewart, Stockton, Van Winkle, Willey— 18. Two-thirds not having voted therefor, the bill failed. Veto of the Civil Rights Bill, March 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 dut}' 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 States, and not subject to any for- eign power, excluding Indians not taxed, arc de- clared to be citizena of the United States. This jirovision comprehondu the Ciiinese of the Pa- cific States, Indians subject to taxation, the peo- ple called Gipsies, as well as the entire race des- ignated as black.'*, people of color, negroes, mu lattoes, and persons of African blood Every individual ol these races, born in the United VETOES AND VOTES. 76 States, 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- zenship. It does not purport to give these classes of persons any status as citizens of States, ex- cept that which may result from their status as citizens of the United States. The power to con- fer the right of State citizenship is just as ex- clusively with the several States as the power to confer the right of federal citizenship is with Congress. The right of federal citizenship thus to be con- ferred on the several 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, the 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 litates are unrepresented in Congress at the present time, 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 therequi- eite 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 laws, secured to all 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 and 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 fitness 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 j^ears of bondage, the avenues to freedom and intelligence have just now been suddenly opened. He must, of necessity, from his previous unfortunate con- dition of servitude, be less informed as to the nature and character of our institutions than he who, coming from abroad, has to some extent, at least, familiarized himself with the principles of a government to which he voluntarily in- trusts "life, liberty, and the pursuit of happi- ness." Yet it is now proposed, by a single leg- islative enactment, to confer the rights of citi- 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 five 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 ;" and to have "full and equal benefit of alUaws 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 v/hite 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 j urisdic- 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 affecting 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 person shall intermarry with a negro or mulatto. Chancellor 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 subj 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 this 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 also repeal the State laws as to the contract of marriage between the two races ? Hitherto every subject embraced in the enumeration of rights contained in this bill has been considered as exclusively belonging to the States. They all relate to the internal 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 76 POLITICAL MANUAL. tendi;r. But where can we find a federal prohi- bitioa against the power of any State to discrimi- nate, as do most of them, between aliens and citizeas, between artificial persons called corpora- tions and natural persons, in the right to hold real estate ? If it be granted that Congress can rei)eal all State laws discriminating oetween whites and blacks in the subjects covered by tliis bill, why, it may be asked, may not Congress re- peal, in' the same way, all State laws discrimi- nating between the two races on the subjects of suffrage and office? If Congress can declare by law \vlio shall hold lands, who shall testify, who phall 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 ofhce, and, finally, to vote, "in every State and Terrkory of the "United States." As respects the Territories, they come within the power of Con- gress, for as to them the law-making power is the 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 j)ersons in the full enjoyment of all the rights Becuredto thembj' 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 thi= fict, 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 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 legisiAtors who maj' pass Buch conflicting laws, or upon the officers or agents who shall put or attempt to put them into execution. It means an ofiicial offence — not a common crime committed against law upon tlie persons or property of the black race. Such an act may deprive the black man of his property, but not of tlie 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 bill, 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 judgments, could be brought before other tribunals, and there subje«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 fetate 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 negro 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 negro, your error of judgment, however conscientious, shall subject you to fine and imprisonment ! I do not apprehend that the conflicting legislation which tire 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 interest of public liberty ; without assailing the independence of the judiciaiy, always essential to the preservation of individual rights ; and without impairing the efliciency of ministerial oflicers, 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 insure to the several States the right of making and executing laws in regard to all matters arising within their jurisdiction, subject only to the restriction that, in cases of 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 committed against the pro- visions of this act," and concurrent jurisdiction with the circuit courts of the United States of all civil and criminal cases " affecting persons who are denied, or cannot enforce in the courts or judicial tribunals of the State or locality where thej^ may be, any of the rights secured to them by the first section." The construction which I have given to the second section is strengthened bj- this third section, for it makes clear what kind of denial or deprivation of the rights secured 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 lav/ and a federal law, and bound, according to his own judgment 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 must 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 TETOES AND VOTES. 77 takes from the judicial department of the States the sacred aud eAclusive duty of judicial decision, and converts the State judye into a mere minis- terial (liBcer, bound to decide according to the will of Congress. It is clear that, in States which deny to per- sons whose rights are secured by the first section of the bill any one of those rights, all criminal and civil cases affecting them will, by tlie 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, thai person snould commit a crime against the laws of a State — murder, arson, rape, or anj'' other crime — all protection and punishment through the courts of the State are taken away, and he can only be tried and punished in the federal courts. Hov.' 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 govern. It is only when the offence does not happen to be within the purview of federal law that the federal courts are to trj' and punish him under any other law. Then resort is to be had to the " common law, as modified and changed" by State legislation, "so far as the same is not inconsistent with the Constitution aud laws of the Uoited States." So that over this vast domain of criminal jurisprudence pro- vided by each State for the protection 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 tribunals certain classes of cases embraced in this section ? The Constitution expressly de- clares that the judicial power of the United States "sh>ll extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made under their authority ; to all cases affecting ambassadors, other public ministers and con.'iuls ; to all cases of admiraltj^ and maritime jurisdiction ; to controversies to which the United States shall be a party ; 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 under grants of different States, and between a State, or the citizens there- of, and foreign 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 iu State tribunals, is careful to confine them to the classes enumerated in the above- recited clause of the Constitution. This section of the bill undoubtedly comprehends cases and authorizes the exercise of powers that are not, by the Constitution, within the jurisdiction 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 beea engaged in rebellion. It may be assumed tliat this authority i? in- cident to the power granted to Congress by t-ho Constitution, as recently amended, to enfcrco, by appropriate legislation, the article declaring that " neither slavery nor involuntary servitude,, 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 justl}' claimed that, with a view to the enforce- ment of this article of the Constitution, there ia at present any necessity for the exercise of all the powers which this bill confers. Slavery has been abolished, and at present nowhere existg within the jurisdiction of the United States ; nor has there been, nor is it likely there will be, any attempt to revive it bj^ the people or the States. If, however, any sucii 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 bill provides that oiScers 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, without limitation, com- missioners, who are to be charged with the per- formance of quasi judicial duties. The fifth section empowers the commissioners so to hh selected by the courts to appoint in writing, under their hands, one or more suitable persona from time to time to execute warrants and other processes described by the bill. These numeroua ofiicial 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 irresponsible 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 general 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 lirought before him, and a fee of fiva dollars to his deputy, or deputies, " for each per- son he or they may arrest and take before any such commissioner," "with such other fees aa maybe deemed reasonable by such commission," " in general for performing such other dutie-? as may be required in the premises." All these foes are to be " paid out of the Treasury of the United States," whether there is a conviction or not ; but in case of conviction they are to be POLITICAL MANUAL, recoverable from the defendant. It seems to me that under the influence of such 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 necessarily with the clerk, although he is not mentioned,) to any part of the district upon the order of the Presi- dent, and there holci 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." Tlie ninth section authorizes the President, or such person as ho may empower for that pur- pose, " to employ such part of the land or naval forces of the United iStates or of the militia as bhall 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 ojierate. I d5 not propose to consider the policy of this bill 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 under 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 intere.sted in making harmonious. Each has equal power in settling the terms, and, if left to the laws that regu'ate capital and labor, 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 th.'it 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 Buch system as that contemplated by the details of this bill has ever before been proposed or jvdopted. They establish for the security of the colored race safeguards which go infinitely be- yond anv 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 it.a CitizeQs, or between iahabitaata of the same State— an absorption and assuinplion of pover by the General Government which, if acquiesced in, must sap and destrov our federative system of limited powers, and break down the ba'rriera which preserve the rights of the States. It is another step, or rather stride, towards central- ization, and the concentration of all legislative powers in the national Government. The ten- dency of the bill must be to resuscitate the spirit of rebellion, and to arrest the progress of those influences which are more closety draw- ing around the States the bonds of union and peace. lily lamented predecessor, in his proclamation of the 1st of January, 1863, ordered and de- clared that all persons held as slaves within certain States and parts of States therein desig- nated were, and thenceforward should be free, and, further, that the executive government of the United Statea, including the military and naval authorities thereof, would recognize and maintain the freedom of such persons. Thia guarantee has been rendered especially obliga- tory and sacred by the amendment of the Con- stitution abolishing slavery throughout the United States. I, therefore, fully recognize the obligation to protect and dei'end 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. Entertaining 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 other classes of persons throughout the United States, by judicial process, under equal and impartial laws, in ccuformity with the provisions of tKe Federal Constitution. ' I now return the bill to the Senate, and ite- gret that, in considering the bills and joi'nt resolutions — forty-two in number — which have been thus far submitted for my approval, I am compelled to withhold my assent from a second measure that has received the sanction of both Houses of Congress. Andrew Johksok. Washington, 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 b(ire not adapted to the object, or are defi- cient (in the provisions necessary to furnish suit- able ■ emedies and punish offences against law, the c,;,nmon law, as modified and changed by the COL, titution and statutes of the State wherein the cov.'r having jurisdiction of the cause, civil or cr' ; , lal, is held, so far as the same is not incou mt with the Constitution and laws of Unitea ^ates, 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. 4. That the district attorneys, marshals, and deputy marshals of the Unitea States, the commissioners appointed by the circuit court and 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 the United States, shall bo, 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, as the case may be, for trial before such court of the United States or terri- torial court as by this act has cognizance of the 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 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 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. Sec. 5. 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 to them directed ; and should any marshal or deputy marshal refuse to receive such warrantor 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- rant.* and other process that may be issued by them in the lawful performance of their respect- ive duties; and the persons so appointed to exe- cute any warrant or process as aforesaid shaD have authority to summon and call to their aid the bystanders or the posse comitatus of the proper county, or su-ch portion of the land and naval forces of the United States, or of the mjli- 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 thjs 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 wilfully obstruct, hinder or prevent any officer, or other person charged with the execu- tion of any warrant or process issued under the provisioEs 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 custody of the otficer, other person or persons, or those lawfully assisting as aforesaid, when so arrested pursuant to the autliority herein given and de- clared, or shall aid, abet, or assist any person bo arrested as aforesaid, directly or indirecily. U' escape from the custody of the officer or other Iierson legally authorized as aforesaid, or sliall larbor 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 States for the district in which said offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States. Sec 7- That the district attorneys, tlie mar- shals, 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 liis services in each case, inclu- sive of all services incident to such 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 provisions 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 be 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 dur- ing his detention, and until the final determina- tion of such commissioner, and in general for performing such other duties as may be required in the premises; such fees to be made up in con- formity with the fees usually chargecl by the officers of the courts of justice v/ithin 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 tlie defendant as part of tlie judgment in case of conviction. Sec. 8. That whenever the President of the United States shall have reason to believe that offences have been, or arc likely to be commit- ted against the provisions of this act within any judicial district, it shall be lawful for liim, in his discretion, to direct the judge, marshal, and dis- trict attorney of sucii district to attend at such lace within the district, ajid for sucli time as 6 may designate, for the purpose of the more E speedy arrest and trial of persons charged with a violation of this act ; and it shall be the duty of every judge or other officer, when any sucn requisition shall be received by him, to attend at the place and for the time therein designated. 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. Sec. 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 Court of the United States. The votes on this bill were : 1866, February 2 — The Senate passed the bill — yeas 33, nays 12, as follow : Ye.\s — Messrs. Anthony, Brown, Cliamll er, Clark, Connesa, Cragin, Dixon, Fessenilen, Foot, Foster, Harris, Ilen^lerson, Howard, Howe, Kirkwood. Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nye, Poland, Ponieroy, Ramsey. Sherman, Sprague, Stewart, Sumder, Trumbull, Wade, Willey, AVil- liams, Wilson, Yates — 33. N.\YS — Messrs. Bitckalew. Cowan, Davis, Guthrie. Hcnd- ricls, McDougall, Nesmith, Norton, Riddle:, Sauhbury, Slock- tern. Van Winkle — 12. March 9 — The bill being before the House, Mr. Eldeidge moved that it lie on the table ; which was disagreed to — yeas 32, nays 118, as follow : Yeas — Messrs. Ancona, Boyer, Brooks, Chanler, Cnffroth, Dawson, Denison, Eldridge, Glossurevner, Goodyear, Grider, Aaron Ilarding, Harris, Hogan, Edivin N. Huhhdl, Kerr, Le Blond, Marshall, Kiblack, Nicholson, liadford, Rilter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, 2'aber, Taylor, Tliornton, Trimble, ^YinfLeld.—Z2. Nats— Mi'ssrs. Alley, Allison, Ames, Anderson, D. R. Ash- ley, J.ames M. Ashley, Baker, Baldwin, Banks, Baxter, Bea- man, Bidwell, Bingham, Blaine, Blow, Boutwell, Bromwell, Broomall, Buokland, Bundy, f^iduey Clarke, Cobb, Coukling, Cook,Cnlloni,Darling. Davis. Dcfrees, Delano, Beming.Dixou, Donnelly, Drig(;s, Duniont, Eliot, Farnsworth. Farqnliar, Fer- ry, Grinnell, Abner C. liardiue, Hart, Haves, llendtrson, Higby, Hill, Holmes, Hooper, As'ahelW. Hubbard, Chester D. Hubbard, Dcmas Hubbard, jr., John l\. Hubbard, Hulburd, .James Humphrey, Ingersoll.Jenckes, Julian, Kelley, Kelso, Ketch.am, Kuykendall, Latham, George V. Lawrence William Lawrence, Loan, Longyear, Lynch, Slarston. Marvin, McOlurg, SleKee, McRuer, Mercur, Jliller, Moorhead, Morrill. Morris, Monlton, Myers, O'Neill, Orth, Paine, Perham, Phelps. Pike, Plants. Price, Raymond, Alexander H. Rice, John H. Rice, Sawyer, Schcnck, Scofield, Shellabargei", Sloan. Spalding, Slarr, Stevens, Thayer, Francis Thomas, John L. Thomas, jr., Trowbridge, Upson, Van Aernam.Burt Van Horn, RoliertT. Van Horn, Ward, Warner, Ellihu B. Washburne, Henrv D. Washburn, William B. Washburn, Welker, Wcntwoith, Whaley, Williams, James F.Wilson, Stephen F. Wil.-ou, Win- dom, Woodbridge. — 118. March 13 — The bill passed — yeas 111, nays 38, as follow : Ye.^s — Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Baxter. Beaman, Eidwoll, Blaino, Blow, Bontwcll, Bromwell, Broomall, Buckland, Bundy, Sidney Clai ke, Cobb, Conkling, Cook, Cullom, D;ir- ling. Davis, Dawes, Delano, Deming, Dixon, Donnelly, Dnggs, Dumont, Eliot, Farnsworth, Farquhar, Ferry, OartiiM.drin- nell, Abner C. Harding, Hart, Hayes, Higby, Hill. Holmes, Hooper, Asahel W. Hulibard, Chester D. Hubbard. Dcmas Hubbard, John H. Hubbard, Hulburd, James ilnmidirey, Ingersoll, J<'nckea, Julian, Kelley, Kelso, Ketcham, Kuj'. kcndall, Lafiin, Georgo V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, .McClnrg, Mc- Ruer, Merc\ir, Miller, .Moorhead, Morrill, Morris, Monlton, Myers, Newell, O'Neill, Orth, Paine. Perham, Pike, Plants, Price, Alexander H. Rice, Sawyer, Schenck, Scofield, Shel- labarger, Sloan, Spalding. Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, Trowl)ridge, Upson, Van Aernam, Buit Van Horn, Ward, Warner, Ellihu B. Washburne, Wil- liumB Wa-shburn, Welker, Wentworth, Whaley, W'illiams, James F. Wilson, Stephen F. Wilson, Windom, Wood- bridge — 111. Nats — Messrs. Ancona, Bergen, Bingham, Boyer, Brooks, VETOES AND VOTES. 81 Cbffrrith, Oajosfwi, Deniscn, Gloscbrenner, Goodyear. Grider, Asron Harding, Harris, Hor/an, Edvjtn jX. Hubbdl, Jofie:, fCerr, Latham.'ie Blond. MLinhall. McOullough, Xidtolson, Phelps, Ridjord. S^imuel J. Rannall, ^Villiam II. Kandall, Hitter, Rnrjns, Koss, Rousseau. Shonldin. Sitftreaves, Smith, Taber, Taylor, Thornion, Trimble, \VinfuJd—5%. March 15 — The Senate concurred in the House aroenrlments. March 27 — The bill 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 : Ye.is — Messrs. Anthony. Bi-own, Chandler, Clark, Con- ness, Craniii, Creswell. Edmuiul.s, Fessenden, Foster, Grimes, Harris, Henderson, Howard, Howe. Kirliwood, Lane of In- diana, Morgan, Morrill; Nye, toland, Pomeroy. Ramsey, Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, WiPey, Williams, Wilson, Yates— 03. Nays — Messrs. Buckalew, Cowan, Davis, Doolittle, Guth- rie, Hendricks, Johnson, Lane of Kansas, McDouijail. Kcs- rnith, Norton, Riddle, Saulsbury, Van Winkle, Wright — 15. April 9 — The House of Repeesentatives again passed it — yeas 122, nays 41, as follow : Yeas — Messrs. Alley, Allison, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Boutw^U, Brandegee, Bromwell, Broom- all, Buekland, Bundy, Reader W. Clarke, Sidney Clarke, Colib, Colfax. Conkling, Cook, Culh m. Darling, Davis, Dawes, Defrees, Delano, Demiug, Dixon, Dodge, Donnelly, Eckley, Eggleston, Kliot, F.irnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold, ILale, Abner Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Ilotcbkiss. Asahel W. Hubbard, Chester D. Ilubb.ird. John H. Hubbaid, James R. Hubbell, Ilulburd, James Humphrey, Ingersoll^Jenckes, Kasson, Kelley, Kelso, Ketcham, Latlin, George V. Law- rence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, Mclndoe, McKee, McRuer, Mercur, Mil- ler, Moorhead, Murrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Pom- eroy, Price, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, j r., Trow- bridge, Up*uii, Van Aernam. Burt Van Horn, Robert T. Van Horn. Ward, Ellihn B. Washbume, Henry D. Wash- burn, William B. Washburn, Welker, Wentworth, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge. — 122. Nats — Messrs. Ancona, Bergen, Boyer, Coffroih, Dawson, Denison, Eldridge, Finck, Glosshremter, Aaron Harding, Harris, Hogan, Edwin N. Hubbell, James M. Humphrey, Lath.am, Le Blond, ilarsliall, McCullougli, JS'iblack, JVichol- scm, \oell,Vhi;\ps, Radfiril. Samud J. Randall, William H. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreai":s, Smith. Strouse, Taber, Taylor, Thorn- ton, Tnmble, Whaley, Winfidd, Wright.— 41. Whereupon the Speaker of the House declared the bill a law. Veto of the Colorado Bill, May 15, 1866 To 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. First. 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 tlteir own local officers, and are represented in Congress by a delegate of their own selection. They make and execute their own municipal laws, subject only to revision by Congress — an authority not likely to be exercised, unless in extreme or extraordinary cases. The population is small, some estimating it so low as twenty- five thousand, while advocates of the bill reckon the number at from thirty-five thousaxid 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 tlie 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 ano property increased by their reliance upon tht national executive pjower 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 exchange of a terri- torial for a State government. In September, 1864, under the authority of Congress, an election was lawfully appointed and held, 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 tne 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 thi» time, 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, when 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 popula- 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 York has only thirty-rhree ; 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 hap- «2 POLITICAL MANUAL. pened where the inequality was so great. When such inequality has been allowed, Congress is supjiOPed to have pennitted it on the ground of Fome high public necessity, and under circum- fitances wliich 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- Bissippi, 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 f;reat increase of representation. So, when Cali- ornia 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 national 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 tei-ritorial legislature held in 1861, 10,530 votes were cast. At the election before mentioned, in 18G4, the number of votes cast was 6,192 ; wliile at the irregular election held in 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- cline 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 the United States, which either 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 dulay 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 hn expected to an argument in favor of the measure derived from the ena- bling act 'vhich was passed by Congress on the 2l8t day of 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 reasou which existed for the institu- tion of a territorial instead of a State gov- ernment in Colorado, at its first organization, still continues in force. The condition of the Union at the present mo- ment is calculated to inspire caution in regard to the admission of now States. Eleven of the old States have been for some time, and still remain, unrepresented in Congress. It is a common in- terest of all the States, as well those repre- Bented as those unrepresented, that the integrity ani harmony of the Union should be restored as completely as possible, so that all thoee who are expected to bear the burdens of the Federal Government shall be consulted concerning the admission of new States; and that in the mean time no new State sliall be prematurely and un- necessarily admitted to a participation in the 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. Andeeav Johnson. Washington, D. C, May 15, 1S66. Copy of the BiU. An Act for the admission of the State of Colo- rado 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 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 : Beit enacted, &c.. 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 hereby, 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 he 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 Colo- 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, Cragin, Kiikwood, Lane of In- diana, Lane of Kansas, AlcDour/all, Ntsmith, Norton, Pom- eroy, Ramsey, Sliernian, Stewart, Trumbull, Williams — 14. N.4YS — Messrs. liiicUcdew. Conuess, Creswdl, Davx. Ooo- little, Fe3.sendcn, Foster, Grimes, Gutlirie,\\M\\s. llfndricks, Morpan, Merrill, Poland, iJt'drfZe, Spraguo, .SYot7, receipt of this communication is requested by Your excellency's most obedient servant, William PI. Seward. VII. MAJORITY AND MINORITY REFURTS JOINT COMMITTEE ON RECONSTRUCTION. The Majority Beport. June 18, 1866 — Mr. Fessenden in the Senate, and Mr. Stevens in the House, submitted this The Joint Committee of the two Houses of Con- gress, appointed iindtr the concurrent resolution of December 13, 1865, with direction to " in- quire into the condition of the States which formed tJte so-called Confederate States of America, and report whether they or any of them are entitled to he represented in either House of Congress, with leave to report by 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 fortli in detail their reasons for the conclusion to which, after great deliberation, your committee have arrived, they beg leave to advert, briefly, to the ccurse of proceedings they found it necessary to adopt, and to explain the reasons therelbr. The resolution under which your committee was ap[iointed directed them to inquire into the condition 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 a very considerable amount of time. It must embrace the uondiiion in wliioh those States were left at the close of the war ; the measures which have been taken towards the reorganization of civil government, and the dis- position of the people towards the United States ; in a word, their fitness to take an active part in the administration of national afi'airs. As to their condition at the close of the rebel- lion, the eviilence is open to all, and admits of no dispute. They were in a state of utter ex- haustion. Having protracted their struggle against federal authority until all hope of suc- cessful resistance had ceased, and laid down their arms only because there was no longer any power to use them, the people of those States were left bankrupt in their publico finances, and sliorn of the private wealth which had before given them power and influence. They were also necessarily in a state of complete anarchy, without governments and without the power to frame governments except by the permission of those who had been successful in the war. The President of the United States, in the proclama- tions under wliich he appointed provisional gov- ernors, and in his various communications to them, has, in exact terms, recognized the fact that the people of those States were, when the rebellion was cruslied, " deprived of all civil government," and must proceed to organize anew. In his conversation with Mr. Stearns, of Massachusetts, certified by himself. President Jolinson said " the State institutions are pros- trated, laid out on the ground, and they must be taken up and adapted to the progress of events." Finding the Soutliern States in this condition, and Congress iiaving failed to provide for the contingency, his duty was obvious. As Presi- dent of the United States he had no power^ ox- REPORTS ON RECONSTRUCTION". 85 cept to execute 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 army and navy of the United States. These Confederate States embraced a portion of tho people of the Union who had been in a state of revolt, but had been reduced to obedience by force of arms. They were in an abnormal cOil^- dition, without civil government, without coxn- mercial connections, without national or inter- aational relations, and subject only to martial law. By withdrawing their representativea in Congress, by renouncing the privilege of repre- sentation, by organizing a separate government, and by levying war against the United States, they destroyed their State constitutions in res- pect to the vital principle which connected their respective States with the Union and 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 legalized, 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 state 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 duty, 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 be made by law for their government. lie 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. Selecting the latter alternative, he proceeded, by virtue of nis power as commander-in-chief, to appoint provisional governors over the revolted States. These were regularly commissioned, and their compensation was paid, as the Secretary of War states, " from the appropriation for army contingencies, because the duties performed by the parties were regarded as of a temporary character; ancillary to the withdrawal of mili- tary force, the disbandment of armies, and the reduction of militaiy expenditure ; by provis- ional organizations for the protection of civil righta, the preservation of peace, and to take the place of armed force in the respective States." It cannot, we think, be contended that these 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 inhered 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 of the military authority. It was for him to decide how far he would exercise it, how far he would relax it, when and on what ierms 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 mi>i;hi safely be left to themselves, he might withdraw the military forces altogether, and lea\'« the people of any or all of these States to govern themselves without 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 h.aviug resumed the rela- tions of loyalty to the Union," and act in his military capacity on this hypothesis. All this was within his ovv^n discretion, as military com- mander. But it was not for him to decide upon the natuie or effect of any system of government which the people of these States miglit 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 relations 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 or 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 tho people that, as commander-in-chief of the army, he would consent to withdraw military rule just in proportion as they should, by their acts, manifest a disposition to preserve order among themselves, establish governments denoting loy- alty to the Union, and exhibit a settled determina- tion to return to their 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 the Secretary of State to the various provis- ional governors, and the repeated declarations of the President himself, Any other supposition inconsistent with this would impute to the Presi- dent designs of encroachment upon a co-ordinate branch of the government, wliich 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 governments, and some of them had acceded to the terms proposed by him. In his annual message he stated, in general terms, what had been done, but he did not see fit to communicate the details for the information of Congress. While in this and m a subsequent message the President urged the speedy restora- tion of these States, 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 acted blindly on that opinion of the 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 ei<ed his station, in a matter involving the -velfare of the republic in all future time, or of a. opting any plan, coming from any source, without fully understanding all its bearings and comprehending its full effect, was apparent. The first step, therefore, was to obtain the required information. A call was accordingly made on the President for the inlbrmation 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 b^- him in the fitness of States recently in rebellion to participate fully in the conduct of national affairs. Thisinforma- tion was not immediately communicated. When the response was finally made, soma six weeks after your committee had been in actual session, it was found that the evidence upon which the 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 lurnished scanty information as to the action of one otlier State, and nothing ap- pears to have been communicated as to the re- mainder. There was no evidence of the loyalty of those who had 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, your 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, undisjiuted, that in all these States, except Tennessee and perhaps Arkant,as, the elections which were held for State officers and members of Congress had resulted, almost universally, in the defeat of candidates who had been true to the Union, and in the election oj 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- ve-stigate carel'ully and thoroughly the state of feeling and opinion existing among the people of these States; to ascertain how far their pre- tended loyally could be relied upon, and thence to infer whether it would be safe to admit them at once to a fuU ]iarticipation in the Govern- ment they had fought for four years to destroy. It was an equally important inquiry whether their restoration to tlieir former relations with the United States shonld 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 afi'orded the best evidence of their truthfulness and impartiality. A work like this, covering so large an extent oi territory, and embracing such complicated and extensive inquiries, necessarily required much 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 Representatives 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 insurgent 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 that the people of these States, without justification or excuse, rose in in- surrection against tlie United States. They delib- erately abolished their State goverernments so far as the same connected them politicall}' with the Union as members thereof under the Consti- tution. They deliberately renounced their alle- giance to the Federal Government, and pro- ceeded to establish an independent government for themselves. In the prosecution of thisenter- pn'ise they seized the national forts, arsenals, dock- yards, and other public property within their borders, drove out from among them tliose who remained true to the Union, and heaped every imaginable insult and injuiy upon the United States and its citizens. Finally they opened hos- tilities, and levied war against the Government. They continued this war for four years with the most determined and malignant spiric, killing in battle and otherwise large numbers of loj'al people, destroving the property of loyal citizens on the sea and 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. And tliey only yielded when, after a lon^, bloody, and wasting war, they were compelled by utter exhaustion to lay down their arms; and thia REPORTS ON RECONSTRUCTION. 87 tliey did not willingly, but declaring that they yielded because they could no longer resist, aflbrd- ing 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 necessarily 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- ing it. One of those 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 against the recurrence of such out- rages in the future would seem too clear for dis- pute. What the nature of that securitj' should be, what proof should be required of a return to allegiance, what time should elapse before a peo- ple thus demoralized should be restored in full to the enjoymentof political rights and privileges, are questions 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 necessarih'' so remain, and tlieir 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 the 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 a State 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 httve 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, through all, the perfect and entire ri^ht 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 master and loy- alty a blunder. Such a principle is void by its very nature and essence, because inconsistent with the theory of government, and fatal lo -ts very existence. On the contrary, we assert that no portion of the people of this country, whether in State or Territory, have the right, while remaining on it? soil, to withdraw from or reject the authority of the United States. They must obey its laws aa paramount, and acknowledge its jurisdiction. They have no right to secede ; and while they can destroy their State governments, and placfl themselves beyond the pale of the Union, so far as tlie exercise of State privileges is concerned, they cannot escape the obligations imposed upon them by the Constitution and the laws, nor im- pair the exercise of national authority. The Con- stitution, it will be observed, does not 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 States. 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 burdens 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 punisliing 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 expenses of g'^vera- 8^' POLITICAL MANUAL. ment, would be unreasonable in itself and unjust to the nation. It issuflScienttoreply that the loss of representation by the pooplij of tlie insurrectionary iStates was their own voluntary choice. They miglit abandon their privileges, but they could not escape their obligations ; and surely they have no right to complain if, before resuming those privileges, and while tlie people of the United States are devising measures for the public safety, rendered necessary by the act of those who thus disiranchised 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 that 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 riglit 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 iu the national councils, and take 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 aflairs is only to be tolerated on the ground of a necessary regard to the public Eafety. As soon as that safety is secured it should terminate. Your committee came to the consideration of the subject referred to them with the most anxious desire to ascertain what was the condi- tio.i of the people of the States recently in in- surrection, and what, if anything, was necessary to be done before restoring them to the full en- joy.Tient of all their original privileges. It was undeniable that the war irito wliich they had plunged the country had materially cnanged their relations to the people of the loyal States. Slavery had been abolished by constitutional amendment. A large proportion of the popu- latioi had become, instead of mere chattels, free men and citizens. Through all the past etruggle tliese had remained true and loyal, and bad, in large numbers, fouglit on the side of the Union. It was impossible to abandon them without securing them their rights as free men and citizens. The 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 political. It was evident to your committee that adequate security could only be found in appropriate constitutional provisions. By an original jirovision of the Constitution, represen- tation is based on the whole number of free persons in each State, and three-fifths of all other perBous. Wh^n all become free, represen- tation for all necessarily follows. As a conse- quence the inevitable efl'ect of the rebellion would be to increase the political power of the insurrectionary States, whenever they should be allowed to resume tlieir positions as States of the Union. As representation is by the Consti- tution based upon population, your committee did not think it advisable to recommend a change of that basis. The increase of re[iresen- tation necessarily resulting from the abolition of slavery was considered the most important element in the questions arising out of the changed condition of affairs, and the necessity for some fundamental action in this regard seemed imperative. It appeared to your com- mittee that the rights of these persons by whom the basis of representation had been thus in- creased should be recognized by the General Government. While slaves, they were not con- sidered as iiaving any riglits, civil or j>olitical. It did not seem just or proper that all tne politi- cal advantages derived from their becoming free should be confined to their former masters, who had fought against the Union, and withheld from themselves, who had always been loyal. Slavery, by building up a ruling and dominant class, had produced a spirit of oligarchy adverse to republican institutions, which finally inaugu- 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 qualifications of voters in a State, or could act directly on the subject. It was doubtful, in the opinion of your committee, whether the States would consent to surrender a power they had always exercised, 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 as the right of sufi'rage should be granted, witlioul distinction of color or race. This it was thought would leave the whole question with tlie people of each State, holding out to all tlie advantage of increased ])olitical 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 protec- tion to all classes of citizens, since all would have, through the ballot-box, the power of self- protection. Holding these views, your committee prepared an amendment to the Constitution to carry out this idea, and submitted the same to Congress. I'nfortunatel}', as wo think, it did not receive the necessary constitutional support in the Sen- ate, and tlierefore could not oe proposed for adoption by the States. The principle involved in ttiat amendment is, however, believed to be sound, and your committee have again proposed it in anotber form, hoping that it may roceivo the approbation of Congress. REPORTS ON RECONSTRUC'lION. 89 Your committee have been unable to find, in the evidence submitted to Congress by the Presi- dent, under date of March 6, 1866, in coiujdiance with the resolutions of Januarj' 5 and February 27, 1866, any satisfactory proof that either of the insurrectionary States, except, perhaps, the Si-ate of Tennessee, has placed itself in a condi- tion to resume its political relatione^ to the Union. The first step towards that end would necessarily be the establishment of a republican form of government by the people. It has been before remarked that the provisional governors, appointed by the President in the exercise of his military authority, could do nothing by virtue of the power thus conferred towards the estab- lisliment 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. Kot 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 m one instance, and presumably, therefore, in others, the immediate admission ot Senators and Kepresentatives 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 claiming representation refused to adopt the conditions imposed. No reliable information is found in these paper's as to the constitutional previsions of several of these States, while in not one of them is there the slightest evidence to sliow that these "amended constitutions," as they are called, have ever been submitted to the people for their adoption. In North Carolina alone an ordinance was passed to that effect, but it does not appear to have been acted on. Not one of them, therefore, has been ratified. Whether, with President Johnson, we adopt the theory that the old conetitutions were abrogated and destroyed, and the people " deprived of all civil government," or wliether we adopt the alterna- tive doctrine that tliey were only suspended and were revived by the suppression of the rebel- lion, the new provisions must be considered as equally destitute of validity before adoption by tlie people. If the conventions were called for the sole jiurpose of putting the State government into operation, they had no power either to adopt a new constitution or to amend an old one with- out tlie consent of the people. Nor could either a convention or a legislature change the funda- mental law without power previously conferred. Ill the view of your committee, it follows, there- fore, that the people of a State where the con- stitutioft has been thus amended might feelthem- selvesjustified in repudiating altogether all such unauthorized assiynptions of power, and might be expected to do so at pleasure. So far as the disposition of the people of the insurrectionary States, and the ]irobability of their adopting measures conforming to the changed condition of aifairs, 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 reluc- 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 subject 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," and in others simply "repealed;" and in no instance is a refutation of this deadlj heresj' 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 criti- cise the President's action in assuming the power exercised bj- him in this regard. 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 Slate thus or- ganized claims representation in Congress, the election of representatives should be provided- for by law, in accordance 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 existence, and operative to constitute the States members of the Union, and to have contented themselves with such amendments as they were intormed were requisite in order to insure their return to an immediate participation in the Government of the United States. Nol 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 hnd 'uecn 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 writa of election were signed by the provisional gov- 90 POLITICAL MANUAL. ernor. Glaring irrogiilarities and unwarranted assumptions ot' power are manifest in several cases, particularly in Sonth Carolina, where the convention, altliongli disbanded by the pro- visional governor on the ground that it was a -evolutionary body, assumed to redistrict the State. It is quite evident from all these facts, and indeed IVom the wliole mass of testimony sub- mitted by the President to ihe 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 \he people. No constitution has been legally adopted except, perhaps, in the State of Tennessee, and such elections as have been held were without authority of law. Your committee are accord- ingly forced to the conclusion that 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 that the ordinances and constitutional provisions which the President deemed essential in the first in- stance will be permanently adhered to by the people of tlie States seeking restoration, after being admitted to full participation in the government, and will not be 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 affirmatively 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 peo[ile 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 tlie committee. Hardly is the war closed before the people of these insurrectionary States come forward and Laugiitilj' Claim, as a right, the privilege of par- ticipating at once in that tjrovernment which they had for four years been fighting to over- throw. Allowed and encouraged by the Execu- tive to organize State governments, they at once placed in power leading rebels, unrepentant and unpardoned, excluding with contempt those who had manifested an attachment to the Union, and j)referring, in many instances, those who had rendered themselves the most obnoxious. In the face of the law requiring an oath w'lich would necessarily exclude all such men irom federal offices, they elect, with very few ex -ep- tions, as Senators and Ptepresentatives in ( on- gress men who had actively participated in the rebellion, insultingly denouncing the law as -in- constitutional. It is only necessary to instpQce the election to the Senate of the late vice pr-^si- dent of the Confederacy, a man who, against his own declared co^.victions, 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 they 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 Ijy 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, by every means in its power, to keep alive the fire of hate and discord between the sections ; calling upon the President to vi:late 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 his State, altliough an unpardoned rebel, and so offensive that tlie President refuses to allow him to enter upon his official duties. In another State tho leading general of the rebel arm.ies is openly nominated for governor by the speaker of the liouse of delegates, and the nomination is hailed by tlie people with shouts of satisfaction, and openly indorsed by the press. Looking still further at the evidence taken REPORTS OJT RECONSTRUCTION. 91 by your committcs, it is found to be clearly rinowu, by witnesses of the highest charactsr, And having the best means of observation, that the Freednien's Bureau, instituted for the relief and protection of freedmen and refugees, ia almost universally opposed by the mass of the population, and exists in an etBcient 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 also testify that without the 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 emancipated slaves, especially among the uned- ucated 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 taurder, which the local author- ities are at no paius to prevent or punish. There is no general disposition to place the colored race, constituting at least two nflha 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 ie 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 pnyinent of the national debt, prova »hat 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 arnij?-, 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, includ- ing A. H. Stephens, who may be regarded as good authority on that point, a generally pre- vailing opinion which defends the legal right of secession, and upholds tiie doctrine that the first allegiance of the people is due to the States, and not to the United Stales. This I'Ki'lief evi- dently prevails among leading and prominent men as well as among tiie masses everywhere, except in some of the tortljcrn counties of Ala- bama and the eastern (^ounties of Tennessee. The evidence gf an intense hostility to the Federal Union, and an equally intense love of (the late Coafederacj, um'tur«d by the war, is de- cisive. While it appears that near]/ all are willing to submit, at least for the tiiijf being, to the federal authority, it is equally cljjr thattl'.ii ruling motive is a desire to obtain ilie -vd vanta- ges which will be derived from a reprtscintation m 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 btate courts against Union otHcers 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 shoxv 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 tiip j dople of the rebellious States was that of abje''.^ sub- mission. Having appealed to the tribunal of arms, they had no hope except that by the magnanimity of their conquerors their lives, an'1 possibly their property, might be preseived 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 efi'ect 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 o:' the Government do not seem to have been me! even half way. The bitterness and defiance ex- hibited toward the United Sitites 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 relations we receive oul} 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 Pres) dent, he has not, to this day, deemed it safe t. restore the writ of habeas corpus, to relieve ti ■ insurrectionary States of martial law, nor to withdraw the troops from many localities, and that the commanding general deems an increase 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 auc^ dangerous to the Government throughout tht insurrectionary States would seem to be over- whelming. With such evidence before them, it l" tlw opinion of your committee — I. That the States lately in rebellion were,; at the close of the war, disorganized commiici ties, without civil government, and without con- stitutions or other iorms, by virtue of whicn political relations could legally exist between them and the Federal Government. II. That Congress cannot be expected to re- 92 POLITICAL MANUAL. cognua as valid the election of representatives .'Om disorganized communities, which, from the vt-ry nature of the case, were unable to present their claim to representation under those estab- lished and recognized rules, the observance of v;hich has been hitherto required. III. That Congress would not be justified in admitting such communities to a participation in the government of the country 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 crime ; a temporary restoration of the right of suffrage to those who have not actively participated in the eflbrts to destroy the Union dnd overthrow tlie 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. Your committee will, perhaps, hardly be deemed excusable for extending 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 amies 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 subject 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 within the province of this committee either to determine or advise. To a.'Jcertain whether any of the so-called Confederate States "are entitled to be repre- sented iu either House of Congress," the essen- tial inquirj' is, whether there is, in any one of 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 j-ears, within which period the rebel 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 hundred millions have already been met and paid. From the time these con- federated States thus withdrew their representa- tion in Congress and levied war against the United States, the great mass of their peojile became and were insurgents, rebels, traitors, and all of theto 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 prosecu- ted their war against the United States to final arbitrament, and did not cease until all th.eir 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 people 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 bj' the conqueror. This position is also established by judicial deci- sions, and is recognized by the President in public proclamations, documents, and speeches. Third. Having volnntarily deprived them- selves of representation in Congress, for the criminalpurposeof 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 volnntarily renounced the right to rep- resentation!, and disqualified themselves by crime from participating in the Government, the burden now rests upon them, before claiming to herein- stated in their former condition, to show that them, a constituency qualified to be represented ] they are qualified to resume federal relations. in Congress. The question how far persons ; In order to do this, they must prove that they claiming seats 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 nave 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 incumbents, with have estahlisliej, with the consent of the people, republican fornis of government in harmony with the Constitution and laws of the United States, that all hostile purposes have ceosed, 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 j-olitical rights and privileges under the Constitution, they can only be restored thereto by the permission and the sanction and by direction of the legislatures | auttiority of that constitutional power against or conventions of their respective States. This . which they rebelled and by which they were was done as a hostile act against the Constitution subdued. and Government of the United States, with a de- } Fifth. These rebellious enemies were conquer- clared intent to overthrow the same by forming i ed by the ]ieople of the United States, acting a southern confederation. This act of declared ', througli all the co-ordinate branches of the hostility was speedily followed by an organiza- Government, and not by the executive depart- REPORTS ON RECONSTRUCTION. f>3 ment alone. The powers of conqueror are not so vested in the President that he can fix and regulate the terms of settlement and confer congression-al representation on conquered reb- els and traitors. Nor can he, in any way, qualify enemies of the Government to exercise its law- making power. 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 p>olitical power is vested ; and hence the several proclamations of the President to the people of the Confederate States cannot be considered as extending beyond the purposes declared, and can only be regarded as provisional permission by the commander-in- chief of the army to do certain acts, the eflect and validity whereof is to be determined by the constitutional government, and not solely by the executive power. Sixth. The question before Congress is, then, whether conquered enemies have the right, and shall be permitted at their own pleasure and on their own terms, to participate in making laws for their conquerors ; whether conquered rebels may change their theatre of operations from the battle-field, where they were defeated and overthrown, to the halls of Congress, and, through their representatives, seize upon the Government which they fought to destroy ; whether t'\e national treasury, the army of the nation, its navy, its forts and arsenals, its whole civil adrniuistration, its credit, its pensioners, the widows an orphans of those who perished in the war, Uia public honor, peace and safety, shall all be turnsd over to the keeping of its recent enemies without delay, and without im- posing such conditions as, in the opinion of Congress, the security of tho 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 Lee, and by Sher- man to Johnston, would liave been disasters of less magnitude, for new armies could have been raised, new battles fought, and*he Government saved. The anti-coercive policy, which, under pretext of avoiding bloodshed, allowed the re- bellion to take form and gather force, would be surpassed in infamy by the matchless wickedness that would now surrender the halls of Congress to -those so recently in rebellion, 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 Congress of a constituency in any one of the so-called Confederate States, unless we except the State of Tennessee, qualified to elect Senators and Representatives in Congress. No State constitution, or amendment to a State constitution, has had the sanction of the people. All the so-called legislation of State conventions and legislatures has been had under military dictation. If the President may, at his will, and under his own authority, whether as mili- tary commander or cliief executive, qualify per- sons to appoint Senators and elect Keprosenta- tives, and empower others to appoint and elect them, he thereby practically conti-ols the organi- zation of the legislative department. Ttie con- stitutional form of gcvernmeut is thereby prac- tically destroyed, and its powers absorbed in the Executive. And while your committee c c not for a moment impute to the President any such design, but cheerfully concede to him tlio most patriotic motives, they cannot but look with alarm upon a precedent so fraught with danger to the Republic. Ninth. The necessity of providing adequate safeguards for the future, before 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 representation in the Congress of the United States ; that, before allowing such representation, adequate security for future peace and safety should 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 Republic, stiall place representation on an equitable basi^, shall liS: a stigma upon treason, and protect the loyal people against future claims for the expenses Incurred in support of rebellion and for manunijtted slaves, together with an express grant of »>ower in Congress to enforce those provisions. To this end they ofl'er 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 beg leave to state that the specific recommendations submitted by them are tlie 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 Republic, it was not to be expected that all should think alike. 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 deficiencies supplied, by legi,-la- tive wisdom; and that, when finally adoj'ted. it may tend to restore peace and harmony tc the whole country, and to place our republican institutions on a more stable foundation. W. P. Fessenden, James W. Gexmes, Ika Harris, J. M. Howard, George H. Williams, Thaddeus Stevens, Ellihu B. Washlurne, Justin S. Morrill, Jno. a. Bingham, PiOSCOE Conklixg, George S. Poutwell, Henry T. Blow. Minority Report. June 22 — Mr. Johnson in the Senate and Mr. Rogers iu the House, submitted this report : The undersigned, a minority of the joint com- 94 POLITICAL JIANUAL itiittee of tlie Senate an^ House of Representa- tives, constituted under the concurrent resolu- tion of the loth of December, 1865, making it tlieir duty to " inquire into the condition of the States which formed the so-called Confederate States of America, and to report whether they or (in}- of them are entitled to he represented in oitlier House of Congress, with leave to report by hill or otherwise," not being able to concur in IHo measures recommended oy the majority, or !a the grounds upon which they base them, beg leave to report : In order to obtain a correct apprehension of Ihe subject, and as having a direct bearing upon 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 the General Government, and of the people collectively 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 connection was not disturbed, such States dur- ing the entire rebellion were as completely com- ponent States of the United States as they were before the rebellion, and were bound by all the obligations which 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 difl'erence in the latter being regulated only by a difl'erencs in population. But every State, however small its population, was secured one Kepres&atative in that branch. Each State was given the right, and the same right, to partici- pate in the election of I'residentand Vice I'resi- d'jnt, 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 adojited 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 Consiitutiou except by its own consent. Tliat 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 them 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 Ti'liicb have been adnaitted into the Union since the Corstitution was adopted. In each instai^oo the State admitted has been "declared to be one of the United States, on an equal footing with the original States in all respects whatever." The Constitution, too, so far as most of tho 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 tills 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 upon 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 made liable to such a forfeiture, for a State, as such, under the Constitution, cannot commit or be indicted for a crime. Ko legal proceeding, criminal ar 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 thej' 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 difierenc* doair it make as regards the result whether a Btate can rightfillly 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? In either case the end is the same. The only difl'erence 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 respect each 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 bean 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 verj' measure, therefore, of sub- mitting to all the States forming the Union be- fore tiie insurrection a constitutional amendment, makes the inquiry, whether all at this time are in or out of the Onion, a vital one. If they are REPORTS ON RECONSTRUCTION, 95 not, all should not be consulted; if they are, they should 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, har in no respect changed the relations of the States, where it prevailed, to the General Government. On the contrary, they are to all ictents and purposes as completely States of the Uiron ns they ever were. In further support of this proposition, if it needed any, we may confi- dently appeal to the fact just stated, tliat 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 thej' are as absolutely Stat6^. of the Union as any of the other States. 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 afi'ords. 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 the purpose. The power is not to subjugate the State within who&e limits the insurrection maj' 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 tlie Union of all the States is necessary to the intended existence of the Government. The Government is formed by a constitutional association of States, and its integrity depends on the continuance of the entire association. If one State is withdrawn from it by any cause, to that extent is the Union dissolved. Those that remain may exist as a government, but it is not the very government the Constitution designs. That consists of all ; and its character is changed and its power is diminished by the absence of any one. A dift'erent principle leads to a disintegration that must sooner or later result in the separation of all, and the consequent destruction of the Government. Tosuppose 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 power, 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 a£ well ab at first. The it'.ea that the war power, as such, has been used, or 30uld 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 efifort 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 theGovernmentand 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 coiidition of things is at once restoied. Two judicial decisions have been made, by judges of eminent and unquestioned ability, which fully sustain our view. In one, that of Amy War- wick, before the United States district court ol Massachusetts, Judge S[)rague, referring to the supposed effect of the belligerent rights which it was conoeded belonged to the Government dur- ing the rebellion, by giving it, when suppressed, the rights of conquest, declared : " It has been supposed that if the Government 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 territorj^. 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 hostilitie«, 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. Under 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 by the Constitu- tion, and will be the same after the war as it was before." In the other, an application for habeas ccrpus to Mr. Justice Nelson, one of the judges ol 'h« POLITICAL MAr^UAL. Supreme Court of the Unite-l States, by James Egan, to be discharged from an iraprisonment to wbicb he had been sentenced by a military commission in South Carolina, for the offence of murder alleged to 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 of the State of South Carolina were in the full ex- ercise of their judicial functions 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 this the provisional government had been appointed by the Presi- dent, who is commander-in-chief of the army and navy of the United States, (and whose will under martial law constituted the only rule of action,) for the special purpose of changing the existing state of things, and restoring the civil eovernment over the people. In operation of tnis appointment, a new constitution had been formed, a governor and legislature elected under it, and the State placed in the full enjoyment, or entitled to the full enjoyment, of all her constitu- tional rights and privileges. The constitutional laws of the Union were thereby enjoyed and obeyed, and were as authoritative and binding over the people of the State as in any other portion of the country. Indeed, the moment the rebellion was suppressed, and the govern- ment growing out of it subverted, the ancient laws resum,ed their accustomed sway, subject only to the new reorganization by the appointment of the proper ojjicer to give them operation and effect. Thi.-< organization and appointment of the public functionaries, which was under the superinten- lence and direction of the President, the com- aiander-in-chief of the army and navy of the "ountry, and who, as such, had previously gov- erned the State, from imperative necessity, by the force of martial law, had already taken place, and the necessity no longer existed." This opinion is the more authoritative than it might po.ssibly be esteemed otherwise, from its being the iirst elaborate statement of the rea- sons which governed 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 tiie trial of civilic^ns a e not consti- tutional. Mr. Justice Nelson wan 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 doctrine for which they are cited than 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. " Tlie right of sovereignty over any portion of a State will," he tells us, "only be the same after the war as it was before." 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 tiie full enjoyment, or eut'tled to the full enjoyment, of all her constitutional righta and privileges." Again, a contrary doctrine is inconsistent with the obligation which the Government i? under to each citizen of a State. Protection to each is a part of that obligation — protection not only as against a foreign, but a domestic foe. To hold that it is in the power of a,ny part of the people of a State, whether they constitute a majority or minority, by engaging in insurrection and ailopting any measure in its prosecution to make citizens who are not engaged in it, but oppose! to it, enemies of the United States, having no right to the protection which the Constitution affords 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 exigency ceases, and the obligation to aft'ord him all the immunities and advantages of the Constitution, one of which is the right to be represented in Congress, becomes absolute and imperative. -A different rule would enable the Government 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. Tliis, in the judg- 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 United States and other 7iations, belonged to the former. The Court properly held that they did; but the 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 force of insurrection, became foreign States and lost their character as States of the Union, then the contest was an in- ternational one, and treason was no more com- mitted by citizens of the former against the latter, than by those of the latter against the former. Treason necessarily assumes allegiance to the government, and allegiance necessarily 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, and are 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 ? Is it because they are without organized, govern- ments, or without governments republican in point of form? In fact, we know that they nave governments completely organized with legislative, executive, and judicial functions. We know that they are now in successful opera- tion ; no one within their 'imits questions their legality, or is denied tlieir 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 re- REPORTS ON RECONSTRUCTION. 07 striction tliat right would be absolute ; any form could be adopted that thej^ 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 formed by the State. In the words of the Fed- eralist, (No. 44,) " it supposes a pre-existing government of the form which is to be guaran- teed." It is not pretended that the existing governments of the States in question are not of the required form. The objection is that they were not legally established. But it is confi- dently submitted that that is a matter with which Congress has nothing to do. The power to establish or modify a State government be- longs 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 Bucli government be republican. To convert an obligation 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 governments, the answers are obvious: First. If 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- mehts are republican in form, what right has Congress to interfere or deny their legal exist- ence ■/ Second. Conceding, for argument's sake, that the President's alleged interference was unauthorized, does it not, and for the same reason, follow that any like interference by Congress would be equally unauthorized? A different view is not to be maintained because of the differeEce in the nature of the powers con- ferred upon Congress and the President, the one being legislative and the other executive ; for it is equally, and upon tne same ground, beyond the scope of either to form a government lor a people of a State once in the Union, or to expel such a State from the Union, 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 once admitted ceases to be within its control, and can never again be brought within it. What changes her people may at any time think proper to make 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 power, interfere in the formation and character of the Constitution of such States 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 influence. The power is exhausted when once executed, the subject forth- with passing out of its reach. The State admitted, like the original thirteen States, becomes atonco and forever independent of congressional control. A difl'erent 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- ments subordinate to the General Government. 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 of the people, the two, in the language of Mr. Jefler- son, constituted " co-ordinate departments of one single and integral whole ;" the one having the power of legislation and administration "in alfairs 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, expel 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 tiie executive and ju- dicial departments of the government. By each of these departments they are recognized as States. By the one, all officers of the govern- ment required by law to be appointed in such- States have been appointed, and are discharging, without question, their respective functions. By the otlier they are, as States, enjoying the benefit, and subjected to the powers of that 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 Constitution properly esteems as the security of all the others — that right, without which government is anything but a republic — is inUeed but a ty- ranny — the right of having a voice in the legis- lative department, whose laws bind them in per- son and in property; — this, it is submitted, is a state of things without example in a representa- tive republican government; and Congress, as long as it denies this right, is a mere despotisn;. 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, arc not to be hoped for, but rather unhajpixifiae, 98 POLITICAL MANUAL. dissatisfaction, and enmity. There is but one ' fjivcnfor reflection, that this decision has been a ground on which such conduct can find any ex- \ fortunate one for the whole country, they receiv- 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 oydnion 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 to the continuance in power of a mere political party, cannot for a moment be entertained without imputing gross dishonesty of purpose and gross dereliction 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 in the present condition of the people of the Bouthern States that even excuses on that ground 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 Union as soon as possible ; that while reconstructing, they want aiid require ])rotection from, the Gov- ernment; that they are in earnest in wishing to do what they think is required by the Govern- ment, 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 he re- gretted that there cannot be a greater comming- ling at this time between the citizens of the two sections, and particularly of those intrusted with the law-making power y Secession, as a practical doctrine ever here- after to be resorted to, is almost uttei'ty aban- doned. It was submitted to and tailed 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 denial of representation to them. We content a practical doctrine, secession is extinguished 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 pjerfectly loyal. We specially refer for this only to the testimony of Lieutenant General Grant. His loyalty and his intelligence no one can doubt. In his letter to the President of the 18th of December, 1865, after he had recently visited South Carolina, North Carolina, and Georgia, he says : " Both in travelling and while stopping, I sa,w much and conversed freely with the citizens of those States, as well as with officers of the 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 p)resent situation of af- fairs in good faith. The questions which have heretofore divided ths 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. I was pleased, to learn from the leading men whom I met that they not only accepted the dc- deion arrived at as final, hut that now, the smoke of battle has cleared away and time has been 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 Constitution, and they invoke you to receive them. They have adopted constitutions free from any intrinsic objection, and have agreed to every stipulation thought by REPORTS ON RECONSTRUCTION. 99 the Presiden*- to be necessary for the protection and benefit of all, and in the opinion of the un- dersigned they are amply sufficient. 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 defeated, 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- signed, than that many oi the southern States would adopt them all ; but those measures the committee 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 color-ed males of twenty-one years of age and 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 of granting suffrage to the negro. That would be obnoxious 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 Buch States, will have no effect on their represent- ation, it is thought it may be adopted, while in the southern States it will materially lessen their number. That these latter States will assent to the measure can hardly be expected. The effect, then, 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- 'jentative power, and thus, proba'oly, 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 not, 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 Banctioniiig others, which we think will not be done by them or by some of the northern States. To force negro suffrage upon any Ststte by meana of a penalty of a loss of 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 ex- 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, iu the view of the undersigned, can be suggested for the course adopted, other than a belief that such a direct interference would not be sanc- tioned by the northern and western States, while, as regards such States, the actual recom- mendation, because of the small proportion of negroes within their limits, will 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 article. The lan- guage of the resolution was, " that the follow- ing articles be proposed to the legislatures of the several States as amendments of the Constitution of the United States, all or any of which ARTICLES, 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, if not able to procure the whole. They tliought (and in that we submit they but conforiued to the letter and spirit of the amendatory cause 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 alwaya enjoyed, never before questioned by any recog- nized statesman, and all-important to their in- terest and security — the right to regulate the franchise in all their elections. There are, too, some general considerations LOFC. 100 POLITICAL MANUAL. that bear on the subject, to which we will now refer. First. One of the resolutions of the Chicago convention, by which Mr. Lincoln was tirst nomi- nated for the presidency, says, "iliat the main- tenance inviolate of the lights of the States is es- eenlial to the balance of power on which the prosperity and endurance of our political fabric depend." In liis inaugural address of 4th March, ISCil, which received tlie almost universal appro- val of the people, among other things he said, "no State of its own mere motion can 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 1 shall take care, as the Constitution itself expressly en- joins upon me, that the laws of the Union be faithfully executed in all the States." Second. Actual conflict soon afterwards en- sued. The South, it was believed, misapprehend- ed the purpose of the Government in carrying it on, and Congress deemed it imporant to dis- pel that misapiprehensiou by declaring what the purpose was. This was done in July, 1801, by their passing the following resolution, ottered 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 tliose States, but to defend and maintain the supremacy of the Constitution, 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." 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 tlie 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 ro preserve the Union, and the dignity, equal- ity, AND EIGHTS OF THE SEVERAL StATES UNIM- PAIRED." Congress, too, by the actof 13th July, 18bl, 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 intercour.«e by and between the same, by the citizens thereof and the citizens of the United States, shall cease and be unlawful so long as such condition of hostility shall continue." Here, also, Congress evidently deals with tlie 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 otlier States so long, and so long only, as insurrectionary hostility mall corttinue. That ended, they are to be, 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 anj' 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 which he was before the date of the offence pardoned. It is now settled that a pardon removes not 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 werp, as now held, to leave the parties who have availed themselves of them in almost every par- 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 submission should either be to legislatures here- after to be elected, or to conventions of the peo- ple chosen for the purpose. Congress may select either mode, but they have selected neither. It may be submitted to legislatures already in ex- istence, v.'hose members were heretofore elected with no view to the consideration of such a measure; and it nay consequently be adopted, though a majority of the people of the States disapprove of it. In this respect, if there were no other objections to it, W3 think it most ob- jectionable. Whether regard be had to the n?,ture 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 an}' 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 ques- tion irrespective of the right of the States to be represented. Against the danger, whatever that may be, of the admission of disloyal or dis- 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. But it is believed by the undersigned to be the clear duty of each house to admit any Senator or Kep- resentative who has been elected according to the constitutional laws of the State, and who is able and willing to subscribe the oath required by constitutional law. It ia conceded by the majority that " it -vould REPORTS ON RECONSTRUCTION. 101 undoubtedly be competent for Congress to waive all formalities, and to admit those Confederate States at once, trusting tliat 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 judg- 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- ductions are of immense and growing importance and are almost peculiar to that region. That iho North is deeply interested in having such a country and people restored to aU the rights and privileges that the Constitution affords no sane man, not blinded b}'' 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 enied, 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, and 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 as brothers, not as inferiors and enemies, such a course as this will, we are certain, soon be seen to bind them heart and soul to the Union, and inspire them with confidence in its government, by making them feel 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- O'cs, and as powerful as ever existed iu the tido of time; while its opposite cannot fail to keep, us divided, injuriously atl'oct the particular and 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 together; the constitution will destroy them, or they will destroy the constitution." It is 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 be unnecessary, 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. The 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 hie patriotism. Surrounded by insurrectionists, he 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, andby theconfidenca of the people has had devolved upon him the executive functions of the Government, to charge him with disloyalty 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, whc utters it. Reveedt JoHNsoy, A. J. Rogers, Henry Geideb. "VIII. TOTES ON PROPOSED CONSTITUTIONAL AMENDMENTS. The Constitutional Amendment, as Finally Adopted and Submitted to the Legislatures of the States. In Senate. 1866, June 8 — The Amendment in these words, afi finally amended, rvas brought to a vote: Joint resolution projrdng an amendment to the Constitution of the United States. Resolved by the Senate and House of Hcprc- pentatives 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 01 the Constitution, namely : Article 14. Section i. 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 ehall 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 den}' to any per- son within its 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 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 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 otlior 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 tlie 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 tion or rebellion against the same, or given aid or comfort to the enemies thereof. But Con- gress may, by a vote of two-thirds of each house, remove such disability. Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for paj'ment 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 claims 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. Antliouy, Chandler, CInrk, Conncss, Cra- (riu, Oreswell, Eilmuiuls. Fesscnden, Foster, Grimes, Harris. HeiifliT.-Dii, I 'owiird. Ilowe. Kiikwooil. Lane of Kansas. Lane of Indiana, Morgan, Morrill, Nye, Polmd, Pomeroy, Ram- sey, Sberniaii, Spragne, Stewart, Sumner, Trumbull, Wade, Willey, Williams, Wilson, Yates — 33. Nays — Messrs. Cowan, Davi:<, Doolittle, Guthrie, Hen- driclcs, Johnson, McDmigall, Norton, Middle, Saulsbury, Van Winkle— U. Absent — Messrs. Brown, Buchalew, Dixon, Ncsmith, Wright — 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. Ashley, Baker, l.lalduin, Biinks, Barker, Baxter, Beatiian, Benjamin, Bidwell, Bingham, Blaine, Blow, Boutwell, Brandegee, Bromwell, Broomall, Buekland, Biin- dy, Reader W. C'larkn, Sidney Clarke, Cobb. Conkliug, Cook, CuUom. Darling, Davis, Dawes. Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Drigtcs. Diimont, Eokley, Kggleston, liJiot, Faruswiirth, Farcjuhar, Ferry, (larfield, Grinnell, Gris- wold. Hale, AbuerC. llirdiiig, Hart, Hayes, Henderson, Hig- bv,nolme.-,II()niier, II. itc-hkiss,AsahelW. Hubbard,! liester D". Ilnhbard, Denias IInl.bard,.jr.,.John II. Hubbard, .James R. Hubbell, Hnllinrd, Iiigersoll, Jenckes, Julian, Kasson, Kel- ley, Kelso, Ketchani, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, llarston, Marvin, McChirg, McKee, McRuer, Mercur, Miller, Mdorhead, Moi-rill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson. Perliam, Phelps, Pike, Plants, Pome- roy, PricR, William 11. Uaudall, Raymond, Alexander H. Rice, John II. Rice, Rollins, Sawyer, Schenek, Scofield, Shellabarger, Sloan, Smith, Spalding, Stevens, Stilhvell, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Up- son, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washburiie, Henry D. Washburn, k\illiani B. Washburn, Wellier, Wonfworth, Whalcy, Wil- liams, J.imcs F. Wil.son, Stephen F. Wilson, Wiudom, Wood- brldgo, tho Speaker — 108. Nays — Messrs. Ancima. Bergen, Boijer, Chanler, Coffroth, Dawson, Venison, Eldridge, Pinch, Glossbrenner, Glider, Aaron Harding, llofian, Edirin iV. IIu>)hrU,.Iuiiii'x M. Ham- jihrey, Johnson, Kirr, Le lilonil, Mars/uill, Jli'Cull'Uir/lt, A'dilach; Aicholson, liadfonl. Si mud J. Randnll, jiitter, h'ogers, Ross, Shanklin, Sitgrenres, Strouse, Taber, Taylor, Thornton, Trimhlr, H'in/tfld, Wright — 36. Not votino — Messrs. Culver, Goodyear, ITarris, Hill, Jamea lumphrey, Jones, Mclndoo, iVbeii, Rousseau, Starr— 10. 102 TOTES ON CONSTITUTIONAL AMENDMENTS. 103 Proliminary Proceedings. Prior to the adoption of the joint resolution in the form above stated, these reports were made from the Joint Committee, and these votes were taken in the two Houses : In House. April 30 — Mr. Stevens, from the Joint Select Committee on Reconstruction reported a joint resolution, as follows : A joint resolution proposing an amendment to tlie Constitution of the United States. Be it resolved, &c., (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 paid legislatures, shall be valid as part of the Constitution, namely : Article — . 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. Sec. 2. Representatives shall be apportioned among the several States which may be included within this Union, according to their 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 of 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. Sec. 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. Sec. 4. Neither the United States nor any State shall assume or pay any debt or obligation already incurred, or which may hereafter be in- curred, in aid of insurrection cr of war against the United States, or any claim for compensation for loss of involuntary service or 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 order for Tuesday, May 8, and every day thereafter until disposed of, Mr. Stevens moved a suspension of the rules to enable him to make ihat motion ; which was agreed to — yeas 107, nays 20. The N.\YS were: Messrs. Anemia. Bergen, Bnyer, Coffroth, Davjson, Eldridge, Finclc, Gridr.r, Aarmi Harding, James M. Humphrey, Latliam, Marshall, NUdacl; NirJtoUon, Ritter, Ross, Slroiise, Taylor, Tliornton, Winjidd — 20. 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 : Yea?— Messrs. Allison, Ames, Anderson, Ranks, Baxter, Bidwell, Boutwc'U, Broiiiwell, Brooiiiall. I'/inidn; Kfad.T W. Clarke, Sidney Clarke, Cobb, Coiiklinpr. Coolc , Di-tVccs, Dixon, Driggs, Duniont, Eckloy, EfcglesUin, Eldn'dgr, Klict, Grider, Grinnell. Aaron Harding, Abner C. Harding, Harris, Hart, Higby, Holmes, Hooper, Ilotclikiss, Asaliel W. Hubbard, Demas Hubbard, Ingersoll, Julian, Keiley. Kelso, Aerr, Wil- liam liawrence, Le Blond, Loan, Lynch, Marston, MoClurg, McCullniii/k, Mclndoe, Mercur, Morrill, Monlton, NihlacU, O'Neill, Orth, Paine, Patterson, Perham, Pike, Prii^e, .Tohn II Rice, Ritter. Rogers, Rollins, Ross, Rousseau, Sawyer, Sc'honck, ?cofield, ShaiikUn. Shellabargar, Spalding, Stevens, Francis Thomas, John L. Thomas, Thornton, Trowbridge, Upson, Ward, EUihu B. Washburno, Welker, James T. Wil- son, Stephen F. Wilson, Windom, Woodbridge — 84. Nats — Messrs. Alley, Ancana, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Barker, Beaman, Benjamin, Bergen, Bingham, Blaine, Blow, Boyer, Bnckland, Bundy, Coffroih, Cullom, Darling, Davis, Dawes, Dawson, Delano, Deming, Dodge, Donnelly, Farnsworth, Ferry, Finck, Garfield, Gloss- brenn-er, Goodyear, GriswolJ, llayes, Henderson, Chester D. Hubbard, James R. Ilubbell, Ilulburd, James Humphrey, Jenckes, Kasson, Ketcham, Knykendall, Latlin, Latham, George V. Lawrence, Longyear, Marshall, McKee, Mcllner, Miller, Moorhead, Morris, Myers, Newell, Phelps, Plants, Radford, Samiiel J. Randall, Will, am H. Randall, Raymond, Alexander H. Rice, Sitr/reaves , omith, Stillwell, Strouse, Taber, Taylor, Thayer, Trimble. Burt Van Horn, Robert T. Van Horn, Warner, Henry D. Washburn, William B. Wash- burn, Whaley, Williams, Winfitld, Wright — 79. 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, Biilwcll, Bingham, Blaine. Blow, Bintwell. Bromwell. Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, ijawes, Defrees, Delano, iteming, Dixon, Dodge, Donnelly, Driggs, Dumont, Ecklcy, Egglcston, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griswold, Abner C. Harding, Hart, llayes, Henderson, lligliy, Ihdmes. Hooper, Hotchkiss, Asahel W. Hubbard, Chester i>. Hubbard, Demaa Hubbard, James R. Ilubbell, Ilulburd, Janus Humphrey, Ingersoll, Jenckes, Julian, Kasson, Keiley, Kelso, Kctoham, Kuykendall, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, McClurg, Mclndoe, Mc- Kee. McRuer, Mercur, Miller. Moorhead, Morrill, Morris, Monlton, Myers, Newell. O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Price, William H. Randall, Raymond, Alexander H. Rice, John II. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Spalding, Stevens, Stillwell, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T.Yan Horn, Ward, War- ner, Ellihu B. Washburne, Henry D. Washburn, WilliamB. Washburn, Welker, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge, the Speaker — 128. Nats — Messrs. Ancona, Bergen, Boyer, Chanter, Coffrotli, Dawson, Eldridge. Finck, Glossbrenner , Goodyear, Grider, Aaron Harding, Harris, Kerr, Latham, Le Blond, Marshall, McCuUough, Niblack, Phislps, Radford, Samuel J. Rardall, Ritter, Rogers, Ross, Rousseau, Slianklin, Silgreaves, Smith, Strouse, Taber, Taylor, Thornton, Trimble, Whaley, WLnfield, Wright— 61. The amendments of the Senate were mv/le to this proposition, when it was finally adopted by each House, in the form first stated. The Accompanying Bills. 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, ua articlo in the following words, to wit: [For article, see page 102.] Now, therefore, Be it enacted, &c., That whenever the abovo- recited amendment shall have become part of tlid 104 POLITICAL MANUAL. and qualified, may, after having taken the re- quired oaths of office, be admitted into Congress 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 d qua"'" ired o; as such. Sec. 2. And be it further enacted, That when any State lateh' 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 such State ; and the pay ment thereof, 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 ofiice under the Government of the United States. Be it enacted, &c., That no person shall be eligible to anj^ office under the Government of the 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 heads of departments thereof. 2. Those who in other 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 one 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 those bills has been voted on up to the time this page goes to press. Tho Negatived Amendment on Representation and Direct Taxes. In House. January 22, 1866 — Mr. Stevens reported this proposition from the Joint Select Committee: Resolved, roclaim and denote loyalt}^ 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 is hereby declared to be one of the United States of America, on an equal footing with the otlier States, upon the express condition that the people of Tennessee will maintain and enforce, in good faith, their existing constitution and laws, excluding those who have been engaged in rebellion against the United States from the exercise 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 office; 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 inake 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 this 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 Rebel 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 States in Congress Ofsemblcd, (two-thirds of both Houses concur- ring,) 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-lburtlis o! said legislatures, shall be valid to all intents and purposes as a part of said Constitution, namely : Article — . No tax, duty, or impost shall be laid, nor shall any appropriation of money be made, by either the United States, or any one of the States thereof, for the purpose of 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, fc»r the purpose of aiding re- bellion against the Constitution and laws of tho United States. Which was passed — yeas 151, nays 11, as fol- low : Yeas — Messrs. Alley, Allison, Ames, Anderson, James 51, Ashley, Ilaker, I'alil win. Banks, Barker, Baxter, Beaman, Ben- jamin, Jicrrjpn, Biihvcll, Bingham, Blow, Boutwell, Boyer, Braniiegee, Bromwell, Broomall,Bucklantl, Bundy, Chaiilrr, Header W. Clarke, Sidney Clarke, Cobb, Conklins, Cook, Cul- Iom,Darlin;^,D.i\ves,Defrees, Delano, Deming, Dixon, Donnel- ly, Driggs, Dumoiit, JOcklcy, Egglestou, Eliot. Farnsworth, i'arquhar, Ferry, Finck, Oailield, Grinnell, Griswold, Hale, Abiier C. Harding, Hart, Hayes, Henderson, Higby, Hill, Ilogan, Holmes, Hooper, Hotuhkiss, Asahel W. Hubbard, Chester D. Hiil)liard, Dem.is lluibard, jr., John H. Hubbard, James K. Ilubbell, Hulburd, Ingersoll, Jenckes, Jo/mson, Julian, Kasson, Kelley, Kelso, Kerr, Ketcham, Kuykendall, Laflin, Latham, Geoige V. Lawrence, William Lawrence, Loan, Longyear. Lynch, Marshall, Marston, Marvin, Mc- Clurg, McKee, Melluer, Mercur, Miller, Morrill, Moultou, Myera, Newell, JViblacJc, Nodi, O'Neill, Orth, Paine, Patter- son, Perham. Phelps, Pike. Plants, Price, Jiadfrn% Samuel J. Mandall, WiUiiira II. Randall. Raymond, Alexander II. Rice, John H.Rice, Rollins, iios«,Rousseau, Sawyer, Schcnck, Scolield. Shellabarger, Siigrcaves, Sloan, Smith, Spaldiag, Starr, Stevens, Stillwell, Strnuse, Taber, Taylor, Thayer, Francis Thomas, John L. Thomas, Thornton, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Voorltees, Ward, Warner, Ellihu B. Washhurne, William B. Washburn, Welker, Wentworth, Whaley, Williams, Jamea F. Wilson, Stephen F. Wilson, Windom, Wrigld—Vol. Nats — Messrs. Brooks, Denison, Eldridge., Grider, Aarmi ITarding, McCallough, A'icholson, Hitter, Rogers, Shanklin, Trimble— II. It was not acted on in the Senate ; but tho substance of it is included in the amendment no finally adopted. IX. MEMBERS OF THE CABINET OF PRESIDENT JOHNSON, AND OF THE TELIRTY-ISrilsrTH CONaRESS, NAMES OF CLAIMANTS FROM THE INSUERECTIONAEY STATES. PRESIDENT JOHNSON'S CABINET. Secretary of Stale — William H. Seward, of New York. Secretary of Treasury — Hugh McCulloch, of Indiana. Secretary of War — Edwin M. Stanton, of Ohio. Secretary of Navy — Gideon Welles, of Connec- ticut. Postmaster General — William Dennison, of Ohio. Secretary of Interior — James Haelan, of Iowa. Attorney General — James Speed, of Kentucky. THISTY-NINTH CONGRESS. Senate. Lafayette S. Foster, of Connecticut, President of the Senate, and Acting Vice President. John W. Forney, of Pennsylvania, Secretary. il/ai/ie— William Pitt Fessenden, Lot M. Morrill. New Hampshire — Daniel Clark, Aaron H. Cra- gm. Vermont — Solomon Foot,* Luke P. Poland. Massachusetts — Charles Sumner, Henry Wilson. Rhode Island — Hbnry 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 K. Buckalew, Edgar Cowan. Delaware — George Read Paddle, AVillard Sauls- bury. Maryland — John A. J. Creswell, Reverdy John- son. Ohio — John Sherman, Benjamin F. Wade. Kentucky — James Guthrie, Garrett Davis. Indiana — Henry S. Lane, Thomas A. Hendricks. Illinois — Lyman Trumbull, Richard Yates. * Died Maroli •28,1866. His successor, George F.Edmunds, qualified April 5, ISOB. t Voted — yeas 22, nays 21 — not entitled to a seat in the Benate, March 27, IS06. The vote on the amendment de- claring him not-enlitled was as loUow : YEAS-;-Mes^rs. Brown, Chandler, Clark, Conness, Cragin, Creswell, Fessenden. Grimes, Howard, Howe, Kirkwood, Lane^flndiana, Nye, Pomeroy, Ramsey, Sherman, Sprague, Sumner, VVado, Williams, Wilson, Yates — 22. N.iTS — Messrs. Anthony, Buckalew, Cowan, Davis, Doo- little, Guthni'., Harris, Henderson, Hendricks . Johnson , Lane of Kansas, McDouqall, Morgan, Nexmith, Norton, Poland, Riddle, Sauhbury, Xrumbull, Van Winkle, Willey— 21. Missouri — B.Gratz Brown, John B. Henderson. 3Iichigan — Zachariah Chandler, Jacob M. How- ard. lovja — James W. Grimes, Samuel J. Kirkwood.* Wisconsin — James R. Doolittle, Timothy 0. Howe. California — John Conness, James A. McDougall. Minnesota — Daniel S. Norton, Alexander Ram- sey. Oregon — James W. Nesmith, George H. Wil- liams. Kansas — Samuel C. Pomeroy, James H. Lane. West Virginia — Peter G. Van Winkle, Waitmaa T. Willey. Nevada — James W. Nye, William M. Stewart. Senators Chosen from tho late Insurrectionary States. Alabama — Lewis E. Parsons, George S. Houston. .Ar/tansas— Elisha Baxter, William D. Snow. Florida — William Marvin, Wilkerson Call. Georgia — Alexander H. Stephens, Herschel V. Johnson. Louisiana — Randall Hunt, Henry Boyce. (R. King Cutler and Michael Hahn also claim under a former election in October, 1864.) Mississij>pi — William L. Sharkey, James L. Alcorn. North Carolina — William A. Graham, John ^ Pool. South Carolina — Benjamin F. Perry, John L. Manning. Tennessee — David T. Patterson, Joseph S. Fowler. Texas — Virginia — John C. Underwood, Joseph Segar. MEMORANDUM. 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 senator 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 * Credentials presented January 20, 1866, und ho took hia seat January 24, 1S66. 107 108 POLITICAL MANUAL. General Beauregard at Fort Sumter and Manas- eas. Mr. Alcorn was in the Mississippi militia. House of Representatives. Schuyler Colfax, of Indiana, Speaker. Edward McPlierson, of Pennsylvania, Clerk. Maine — John Lynch, Sidney Perhara, James G. Blaine, John II. Rice, Frederick A. Pike. Xi'evj Hampshire — Gilman Marston, Edward II. Rollins, James W. Patterson. Vermont — Frederick E. Woodbridge, Justin S. Morrill, Portus Baxter. Massachusetts — Thomas D. Eliot, Oakes Ames, Alexander H. Rice, Samuel Hooper, John B. Alley, Nathaniel P. Banks, George S. Bout- well, John D. Baldwin, William B. Washburn, Henry L. Dawes. Ehode Island — Thomas A. Jenckes, Nathan F. Dixon. Connecticut — Henry C. Deming, Samuel L. War- ner, Augustus Brandegee, John H. Hubbard. Neiv ro7-^— Stephen Taher, Teunis G. Bergen, James Humphrey*, Morra.n Jones, Nelson Taylor, Henry J. Raymond, John W.Chanler, James Brooksf, William A. Darling, William Radford, Charles H. Winfield, John H. Ketch- am, Edwin N. Hubbell, Charles Goodyear, John A. Griswold, Robert S. Hale, Calvin T. Hulburd, James M. Marvin, Demas Hubbard, Jr., Addison H. Laflin, Roscoe Conkling, Sid- ney T. Holmes, Thomas T. Davis, Theodore M. Pomeroy, Daniel Morris, Giles W. Hotch- kiss, Hamilton Ward, Roswell Hart, Burt Van Horn, James M. Humphrey, Henry Van Aernam. Keiv Jersey— John F. Starr, William A. Newell, Charles 'Sitgreaves, Andrew J. Rogers, Edwin R. V. Wright. Pennsylvania — Samuel J. Randall, Charles O'ISfeill, Leonard Myers, William D. Kelley, M. Russell Thayer, Benjamin M. Boyer, John M. Broomall, Sydenham E. Ancona, Thaddeus Stevens, Myer Strouse, Philip Johnson, Charles Denison, Ulysses Mercur, George F. Miller, Adam J. Glossbrenner, Alexander H. Cof- frothj, Abraham A. Barker, Stephen F. Wil- son, Glenni W. Scofield, Cliarles V. Culver, John L. Dawson, James K. Moorhead, Thomas Williams, George V. Lawrence. Delaware — John A. Nicholson. Maryland— lln^va. McCullough, John L. Thomas, Jr., Charles E. Phelps, Francis Tliomas, Ben- jamin G. Harris. Ohio — Benjamin Eggleston, Rutherford B Hayes, Robert C. Scnenck, William Lawrence Francis C. Le Blond, Reader W. Clarke, Sam uel Shellabarger, James R. Hubbell, Ralph P Buckland, James M. Ashley, Hezekiah S Bundy, William E. Fiock, Columbus Delano Martin Welker, Tobias A. Plants, John A Bingham, Ephrairn R. Eckley, Rufus P. Spald- ing, James A. Garfield. £«?i«uc%— Lawrence S. Trimble, Burwell C. Ritter, Henry Grider, Aaron Harding, Lovell H. Roasseau. Green Cbiv Smith, George S. Shanklin, William II. Rau Jail, Samuel McKeo. ♦Died June 10, 1806. + Ungeated Apiil 6, 1866, and William E. Dodge qualifieii. DB his successor. t Admitted to a Poat on prima fad t caso February 19, 1866. July 9.— Committee reijortej in fuvor of Wm. II. Koontz, contestant. Indiana -William E. Niblack, Michael C. Kerr. Ralph llill, John H. Farquhar, George W. Julian, Eber.ezer Dumont, Daniel W. Voor- hees,* Goalove S. Orth, Schuyler Colfax, Joseph H. Defrees, Thomas N. Stillwell. Illinois — John Wentworth, John F. Farnsworth, EUihu B. Washburne, Abner C. Harding, Ebon C. IngersoU, Burton C. Cook, Henry P. H. Bromwell, Shelby M. CuUom, Lewis W. Ross, Anthony Thornton, Samuel S. Marshall, Jehu Baker, Andrew J. Kuykendall, Samuel W. Moulton. Missouri — John Hogan, Henry T. Blow, Thomas E. Noell, John R. Kelso, Joseph W. Mc- Clurg, Robert T. Van Horn, Benjamin F. Loan. John F. Benjamin, George W. Anderson. Michigan — Fernando C. Beaman, Charles Up- son, John W. Longyear, Thomas W. Ferry, Rowland E. Trowbridge, John F. Driggs. loiua — James F. Wilson, Hiram Price, William B.Allison, Josiah B. Grinnell, Jolin A. Kas- son, Asahel W. Hubbard. Wisconsin — HalbertE. Paine, Ithamar C. Sloan, Amasa Cobb, Cliarles A. Eldridge, Philetus Sawyer, Walter D. Mclndoe. California — 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. Members chosen in the lato Insurrectionary 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— F. McLeod. Georgia — Solomon Cohen, Gen. Philip Cook, Hugh Buchanan, E. G. Cabaniss, J. D. Mat- thews, J. H. Chri'^ty, Gen. W. T. Wofford. Louisiana — Louis St. Martin, Jacob Barker, Robert C. Wickliffe, John E. King, John S. Ray. (Henry C. Warmoth claims seat as delegate, under universal suffrage election.) Mississippi — Col. Arthur E. Reynolds, Col. Richard A. Pinson, James T. Harrison, A. M. West, E. G. Peyton. North Carolina — Jesse R. Stubbs, Charles C. Clark, Thomas C. Fuller, Col. Josiah Turner, Jr., ■ Lewis Hanes. S. H. Walkup, Alex. H. Jones. South Carolina — Col. Jolm D. Kennedy, William Aiken, Gen. Samuel McGowan, James Farrow. Tennessee — Nathaniel G. Taylor, Horace May- nard, William B. Stokes, Edmund Cooper, William B. Campbell, Samuel M. Arnell, Isaac R. Hawkins, John W. Leftwich. Texas — Virginia — W. II. B. Custis, Lucius H. Chand- ler, B. Johnson Barbour, Robert Ridgway, Beverly A. Davis, Alex. II. II. Stuart, Robort Y. Conrad, Daniel H. Hoge. - unseated Fenrnary 28, 1866, and Henry D. Wasliliura qualified aa bis Buccessor; July 18, Mr. Koontz admitted. VOTES IN THE HOUSE ON REPOLUTIOITS. 109 MEMORANDUM. Of the Alabama delegation, Mr. Battle was a general in the rebel army, and Mr. Foster a representative in the first and second rebel con- gresses. Of the Georgia delegation, Messrs. Cook and Wofford were generals in the rebel service. Of the Mississippi delegatiou, Messrs. Rey- nolds and Pinson were colonels in the rebel service; Mr. Harrison was a member of the jebel provisional congress. Of the North Carolina delegation, Mr. Fuller was a representative in the first rebel congress, (md Mr. Turner was 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- gresses. 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. 3C. VOTES IN THE HOUSE OF REPRESENTATIVES ON VAKIOUS POLITICAL DECLARATORY RESOLUTIONS. Payment of the Public Debt. December 5, 1865 — Mr. Samuel J. Randall offered this resolution : Resolved, 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 said debt shall be univer- sally discountenanced, and promptly rejected by Congress if proposed. "Which was agreed to — yeas 162, nays 1, as follow : Yeas — Messrs. Alley, Allison, Ameg, Ancona, Anflerson, James M. Asliloy, Baker, BaUhviti, Bauks, Barker, Baxter, Beaniaii. Benjamin, Bergen, Bidwell, Bingham, Blaine, Clow, Boiitwell, Boi/er, Brandegee, Bromwoll, Broomall, Buck- land, Biindy, Clianler, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Culloni, Culver, Darling, Davis, Dawes, Daws')n, llef'rees, Delano, Deming, Denison, Dixon. Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farns- wortli, Farquhar. Ferry, Finck, Garfield, Glossbrcnner, Goodyear, Grinnell,Grisvvold, Ilale, AbnerC. Harding, Hart, Hayes, Headers m, Higby, Hill, Hngitn, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, Jr., John H. Hubbard, Edwin N. Huhhell, James R. Ilubbell, Hulburd, James Humphrey, yame*' J/. Hiimplireij, Ingersoll, Jeiiekes, Johnson, Julian, Kassoii, Kelley, ICelso, Kerr, Ketcham, Kuykeudall, Latliu. Latham, George V. Lawrence, William Lawrenee, loan, Longyear, Mai-ston, Marvin, McClurg, McOulloiir/h, Mclndoe, McKee, McRuer, Mercur, Miller, Moorhead, Jlorrill, Morris, Monl- ton, Myers, Newell, Niblaclc, Nicholson, Noell, O'Neill, Orth, Paiue, Patterson, Perliam, Plielps, Pike, Plants, Pomeroy, Vvice, Jiadford, SamuelJ. Randall, William H.Randall, Kaymoiid, Alexander H. Rico, Rogers, Rollins, Ross. Saw- yer, Sclienck, Soofield, Shanklin, Shellabarger, Silgreaves, Sloan, Smith, Spalding, Starr, Stevens, Stillwell, Strouse, Tuber, Thayer, Francis Thomas, John L. Thomas, jr., I7(0)-ntore,Trowliriilge, Upson, Burt Van Horn,Ward,Warncr, lEllihu B. Washburue, William B. Washburn, Welker, Wentworth. Whaley, Williams, Wilson, Windom, Winfieid, Wright— mz. Nay — Mr. Trimble. Not Voting — Messrs. Brooks, Eldridge, Grider, Aaroh, Harding, Le Blond, Lynch, Marshall, Jolin IL Rice, Ritter, Taylor, Van Aernam, R. X. Van Horn, S. F. Wilson, F. E. WoodUridge-^Ll. "Treason Ought to be Punished." December 14, 1865 — Mr. Henderson, of Ore- gon, submitted the following resolution : Resolved, That treason against the United States Government is a crime that ought to be punished. Mr. Hale moved it be laid on the table which was disagreed to ; and, under the previous ques- tion, it was then passed — yeas 15-3, nays none, as follow: Yeas — Messrs. Alley, Ames, Ancona, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker, Beaman, Benjamin, Bergi'n, Bidwell, Bingham, Blaine, Blow, Boutwell, lAyer, Bromwell, Brooks, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dar- ling, Davis, Dawes, Dawson, Defrees, Deming, Denison, Dixon, Donnelly, Driggs, Eckley, Eggleston, Ehlridge, Eliot, Far- quhar, Ferry, i''iMc/i,Gtoss6rc«Mer,G)-i(/e)', Gritiiioll.GriswoId, Halo, ^arorti/ardm^r, AbnerC. Harding, Harf, Hayes, Hen- derson, Higby, Hogan, Holmes, Hooper, Hotchkiss, Asahel W.Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, Edwin N. Ilubbell, James R. Hubbell, Hul- burd, James Humphrey, James M. Humphrey, Ingersoll, Jenclies, Johnson, Julian, Kasson, Kelley, Kelso, Kerr, Ketcham, Kuykeudall, George V. Lawrence, William Law- rence, Le Blond, Loan, Longyear. Lynch, Marshall, M iston, Marvin, McClurg, McCullourjh, Mclndoe, McKee, McRuer, Mercur, Moorhead, Morrill, Morris, Mycr:, Nicholson, JVoell, O'Neill, Orth, Paine, Perham, Pike, Plants, Price, Radford, Samuel J. Randall, William II. Randall, Alexander H. Rice, John II. Rice, Ritter, Rogers. Rollins, Ros^:, Rousseau, Siw- yer, Scofleld. Shanklin, Shellabarger, Silgreaves, Sloan, Smith, Spalding, Starr, Stevens, Strouse, Taber, Taylor, Thayer.John L.Thomas, jr., T/mrnton, Trimble, Trowbridge, Upson, Van Aernam, Burt Van Horn, Vnorhees, Ward, War- ner, Elliliu B. Washburue, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Winjield, Woodbridge — 153. Nays — None. Eepresentation of the late po-called Confed- erate States. December 14, 1865— Mr. James F. Wikon submitted this resolution : Resolved, That all papers which may be offer- ed relative to the representation of the late so-called Confederate States of America, or either of them, shall be referred to the joint committeo 110 POLITICAL MANUAL. ef fifteen without debate, and no members shall be admitted from either of said so-called States, until Congress shall declare such States or either of them entitled to representa.tion. Which was passed — yeas 107, nays 56, as fol- low: Yeas — Messrs. Alloy, Allison, Ames, Anderson, James M. Ashley, Baker, Iliilihvin. Banks, BarUei-, Baxter, Beauian, Benjamin, Biilwell, Binijliain, Blaine, Boutwell, Braudegee, Biomwell, Brooniall, lUukland, Biindy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Defrees, De- ruing,' Dixon, Donnelly, Driggs, Eckley, Eliot, Ferry, Grin- nell, Abner C. Harding, Hart, Hayes, Henderson, Higby, Uolmes. Hooper, Hotehlcisg, AsahelW. Hubbard, Chester D. Hubbard, Di-mas Hubbard, jr.. John H. Hubbard, Hulburd, IngersoU, Jenekes, Julian, Kelley, Kelso, Ketcham, Kuy- kendall, Lafiiu, George V. Lawrence, William Lawrence, Loan, Longyear, Marston, Marvin, McClurg, Mclndoe, Mc- Kee, McRuer, Mercur, Moorhead, Morrill, Morris, Moulton, Myers, Newell, 0"Neill, Orth, Paine, Patterson, Perhaat, Pike, Plants. Price, Alexander H. Kice, John U. Rice, Rol- lins, Sawyer, Scofield, Shellabargor, Sloan, Spalding, Starr, Stevens. "Thr.yer, Trowbridge, Upson, Van Aernam, Burt Tan Horn, Ward, Warner, EUihu B. Washburne, William B. Washburn, Welker, Wentworth. Williams, James F.Wilson, Stephen F. Wilson, Windoui— 107. N.^ys — Messrs. ^tncnna, Bergen, Blow, Boyer, Broolcs, Darling, Davis, Daiuson, Denrson. Eldridge, Farquhar, Finck, G1ofsbrenner.Griilei;Gns\\o\d., Hale, Harding, \\i\\,Hiigan., Edwin N. HiihbeU,J;\me8 R. Hubbell, James Humphrey, James M. Humphrey, Johnson, Kasson, Kerr. Latham, Le Blond. Marshall, Niblack, Nicholson, Noell, Phelps, Rad- ford, Samuel J. Randall, William H. Randall, Raymond, Ritlcr, Rogers, Ross, Rousseau, Shanldin, Sitgreaves, Smith, Stillwell, 'Strouse, Taber, Taylor, Francis Thomas, John L. Thomas, jr., Thornton, Trimble, Toor/ices, 'Whaley, Winjield, Wright — 66. Elective 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- Etitution of the United States recognizes these diversities when it enjoins that in the choice of members of the House of Representatives 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 own 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 purpo-re, certainly never avowed the purpose, of disregarding it: Therefore, Resolved, 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 wliich 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 4t3, as follow : Yeis — Mesara. Alley, AlliaoD, AmM, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker,' Baxter, Beamaa, Benjamin, Bidwell, Bingham, Blow, Boutwell, Braudegee, Broomall. Buckland, Bundy, Reader \V. Clarke, Sidney Clarke, Conkling, Cook, Darling, Uawes, Defrees, Ddauo, Deming, Di.xon, Driggs, Dumout, Eckley, Eggleston, Kliot, F.irnsworth, Garfield, Orinnell, Hale, Abner C. Harding, Hart, Haves, IL'ndirson, Higby, Holmes, Hooper, Hotchkiss, AsahelW. Ilulibanl, D.nias Hubbard, jr., John U. Hubbard, James R. Ilulilull, Hulburd, James Humphrey, Jenekes, Julian, Kelley, Kelso, Ketcham, Lafiiu, Latham, George V. L.awrence, William Lawrence, Loan, Longyear, Lynch, Mar« ston. Marvin, McClurg, Mclndoe, McKee, McRuer, Mercur, Miller, Moorheail, Morrill, Moulton, Myers, Newell, O'Neill, Paine, Patterson, Perham, Pike, Plants, Price, Raymond, Ale.Kander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Spalding, Starr, Stevens, Tliayer, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner. Ellihn B. Washburne, William B. Washburn, Welker, Wet.tworth, Williams, James F. Wilson, Stephen F. Wilson— 111. N.^TS — yieisis.Ancona, Bergen, Boyer, Bromwell, Brooks, Chanler, Dawson, Denisnn, Eldridge, Farquhar, Finck, Good' year, Grider, Aaron Harding, Hill. Hngan, Chester I). Hubbard, Edwin D. Hubbell, IngevsoW.Jolu} son, Kerr, Kuy- keudall, Marshall, McCullough, Niblick, NichoUon, Noell, Orth, Radford, Samuel J. Randall, William H. Ratidall, Ritler, Rogers, Ross, Ronssea,a,Sha7iklin,Sitgreaocs, Smith, Stillwell, Strouse, Taber, Taylcrr, Thornton, Trim We, Whaley, Wright— ^Q. February 26, 1866 — Mr. Defrees offered this resolution, which was laid over : Resolved, That it is the opinion of this House that Congress has no constitutional right to fix the qualification of electors in the several States. May 21 — It was referred to the Cominittee on the Judiciary — yeas 86, nays 30. The nays were : Messrs. Ancona, Dawson, Defrees, Drnison, Eldridge, Glossbrenner, Goodyear, Grider, Aaron Harding, Hogan, Edwin N. Hubbell, James M. Humphrey, Kerr, Kuykeu- dall, George V. Lawrence, Le Blond, McCullough, Niblack, Nicliolson, Samuel J. Randall, Ritter, Rogers, Ross, Sit- greavts, Stillwell, Taber, Taylor, Henry D. Washburn, Win- jield, Wright— 30. Test Oath. December 18, 1865— Mr. Hill submitted this resolution : Resolved, 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 ofiice, is of binding force and effect on all departments of the public service, and should in no instance be dispensed with. Mr. Finck moved that it be tabled ; which was disagreed to — yeas 32, nays 126, as follow : Yeas — Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, Dawson, Denison, Eldriilge, Finck, Grider, Aaron Harding, Harris, Ho'/nn, Edwin N. Hubbell, Johnson, Kerr, Ijatham^ Marshall, McCullnwih, Niblack, Nicholson, Noell, Samuel J. RanUall, Rilfer, Riigir.<, Ross, Shanklin, Sitgreaves, Strouse, Taber, Thornton, Trimble— ii. Nays— Messrs. Alley, Allison, Ames, Anderson, James M. Xshley, Baker, Baldwin, Banks, Barker, Baxter. Beaman, Benjamin, Bidwell, Bingham, Blow, Boutwell, Braudegee, Bromwell, Broomall, ISuckland, Bundy, Reader W. Clarke, Sidney Clarke, Couklinx, Cook, Cullom, Darling, Davis, Dawes, Defrees, Driauo, Di-in^g, Dixou, Driggs, Dumout, Eggleston, Eliot, Fanisworth, Farquliar, Ferry, GaifirUl, Grinnell, Hale, Abner Harding, U.art, Hayes, llendeisnu, Higby, Hill, Holmes, Hooper, Hotclikiss, Asahel W. Hub- bard, Domas Hubbard, jr., John H. Hubbard, James R. Hubbell, Hulburd, James Humphioy, IngersoU, Jenekes, Julian, Kasson, Ke.lley, Kelso, Ketcham, Knykendall, Laf- iiu, George V. Lawrence, William Lawrence, Loan, Long- year. Lynch, Marston, Marvin, McClurg, Mclndoe, Mi Koo, McRuoi-, Mercur, Miller. .Mo(U-head, Morrill, Myers, Ncnvell, O'Neill, Orth. Paine, Patterson, Perham, Plielps, Pike, Plants, Price, William H. KandnU, Raymond, Alexander H. Rice, John II. Rico, R .llins, Rousseau, Sawyer, Schenck, t-cofi(dd, Shellab.arger, Smith, Spalding. Starr, Ste'-ens, Stillwell, Thayer, JohQ L. Thomas, Trowbridge, Upson, Van VOTES IN THE HOUSE OX RESOLUTIONS. Ill Aornam, Bnrt Tan Horn, Robert T. Van Horn, Ward, War- ner, Kllilin I!. Washburne, William B. Washljuni, Welker, IVentworth, Wlialoy, WilliaiuB, James F. Wilson, Stephen F. Wilson— 125. It. then passed. Test Oath for Lawyers. January 15, 1866 — Mr. Stevens offered this resolution: Resolved, 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 tlieir 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 : Yeas — Messrs. Alley, Araes, Ancona, Bergen, Blow, Bnytr, Brooks, Buckland, Bundy, Chanler, Cobb, Cook, Darling, Davis, Dawson, Denuon, Dri.sgs, Eldridge, Farquliar, Ferry, Tinclc, Glosshrenner,Goodyear,Grider, Griswold, Hale, Aaron Harding, Abner C. Harding, Higby, Hill, Hngan, Hooper, John H. Hubbard, Edwin N. Uubhell, James R. Hubbell, James Humphrey, James M. Ilwnphrey, Ingersoll, Johnson, Kasson, A'err, Kuykendall, Latham, George V. Lawrence, Le Blond, Marshall, Marston, Marvin, McCullough, McRuer, Miller, Moorhead, Nihlack, Nicholson. Noell, Orth, Pheliw, Pike, Plants, Pomeroy, Price, Radford, Samuel J. Randall, Kaymond, Ritler, Rogers, Ross, Sawyer, Shanldin, Sitgreaves, Smith, Stevens, Stiilwell, Strouse, Taber, Taylor, Thayer, Francis Thomas, Thornton, TrimhU, Trowbridge, Winjkld — 82. Nats — Messrs. Allison, Anderson, Delos R. Ashley, James M. Ashley, Baker, Banks, Barker, Baxter, Beaman, Ben- jamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, BroMiwell, Reader W. Clarke, Sidney Clarke, Conkling, Davv-ps, Defrees, Delano, Deming, Dixon, Donnelly, Eck- ley, Eggleston, Eliot, Farnsworth, Grinnell, Hart, Hayes, Henderson, Holmes, Asahel W. Hubbard, Demas Hub- bard, jr., Hulburd, Jenckes, Julian, Kelley, Kelso, Laf- lin, AVilliam Lawrence, Loan, Lougyear, Lyneh, McClurg, McKee, Mercur, Morrill, Morris, Moulton, O'Neill, Paine, PerlKini, Randall, Alexander H. Rice, John H.Rice, Rollins, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, .Tohn L. Thomas, jr., Upson, Van Aernam, Burt Van Horn, Ward, Ellihu B. Washburne, William B.Washburn, Welker, Williams, James F. Wilson, Windom, Woodbridge — 77. Endorsement of the President's Policy. December 21, 1865 — Mr. Voorhees submitted these resolutions, which were postponed till January 9, 1866 : Resolved, 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 in 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 union to the country. January 9 — Mr. Bingham offered this sub- stitute: Resolved, That this House has an abiding con- fidence in the Presideni, 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 Pwecon- struction ; which was agreed to — yeas 107, naya 42, as follow: Yeas — Messrs. Allison, Ames, Anderson,. Tames M. Ashley, Baker, Baldwin, Banks, Baxter, Braman, Benjamin, Bidwell, Bingham. Blaine, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Davis, Dawes, Defree.><, Deming, Donnelly, Driggs, Eggleston, Eliot, Ferry, Garfield, Grin- nell, Hale, A. C. Harding, Hart, Hayes, Henderson, Iligby, Hill, Holmes, Hooper, Asahcl W. Hubbard, Cliester D. Hub- bard, John H.IIubHard, James R. Hubbell, Hulburd, Inger- soll, Jenckes, Jiilhin, Kelley, Kelso, Ketcham, Kuykendall, Laflin, Latham, William Lawrence, Loan, Longyear, Lynch, Marvin, McClurg, McKee, McRuer, Jlercur, Miller, Moor- head, Morrill, Morris, Moulton, Myers, NeweU. O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Price, Alex- ander H. Rice, .Tohn II. Rice, Rollins, Sawyer, Scofield, Shellabarger, Smith, Spalding, Stevens, Stiilwell, Thayer, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Warner, Ellihu B.Washlmrne, William B.Wash- burn, Welker, Williams, S. F. Wilson, Windom— 107. Nats — Messrs. Ancona, Bergen. Bayer, Brooks, Chanler, Darling, Dawson, Denison, Eldridge, Glosshrenner , Grider, Aaron Harding. Hogan, J. M. Humplirey, Kerr, Le Blond, Marshall, Nibloick, Nicholson, Noell, Radford, Simuel J. Randall, Raymond, Ritter, Rogers, Ross, Strouse, Tal>er, Taylor, Voorhees, Winfield, Wright — 42. Withdrawal of Military Force. January 8, 1800— 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 tv/o Houses of Congress shall have ascertained and declared tlieir further presence there no longer necessary. Which was passed — yeas 94, nays 37, as follow : Yeas — Messrs. Araes, 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, Farquliar, Ferry, Garfield, Grinnell, Abner C, Harding, Hart, Hayes, Henderson, Higtiy, Hill, Holmes, Hooper, Hubbard, Chester D, Iluliliard, John H. Ilnbbard, Jamos R. Hubbell, Hulburd, Jenckes, Julian, Kelley, Kelso, Ketcham, Ku.ykeud-iU Latlin, William Law- rence, Loan, Longyear, Lynch, Marvin, McClurg, McKee, McRuer, Mercur, Mill t, Moorhead, Morrill, Morris, Moul- ton, Myers, O'Neill, Orth, I'aine, Patterson, Plants, Price, Alexander H. Kice, Rollins, Sawyer, Scofield, Shellabarger, Spalding, Stevens, Thayer, Trowbridge, Upson, Van Aer- iniin, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washburne, Welker, Williams, Stephen F. Wil- son, Windom — 94. Nats — Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, Davis, Dawson, Delano, Demson, Eldridge, Glosshrenner, Grider, A. Harding, Hogan, Edwin _N. Hubbell, James M. Humphrey, ■ Kerr, Latham, Le Blond, Marshall, Nihlack, Nicholson, Noell, Samuel J. Randall, Raymond, Ritter, Rogers, Ross, Smith, Stiilwell, Strouse, Taber, Taylor, Voorhees, Winfield, Woodbridge, Wright — 37. The Legal Effect of Eehellion. February 19, 1S6G— Mr. Longyear* submitted these resolutions : Resolved, That in the language of the procla- *Tlie first two resolutions were offered at the request of Mr. Beoomali, on previous notice. 112 POLITICAL MAXUAL. nation of tlie President of May 29, 1865, "the robtllion which was waged by a portion of the people of the United States against the properly constituted authorities of the Government there- of in the most violent and revolting form, but whose organized and armed forces have now been almost entirel)' 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, by appropriate legislation, to enable them to organize a State government, and in the language of the Consti- tution "to guarantee to such 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- pension of the writ of habeas corpus in those btates. 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 : Yr.*s — Messrs. Ancona. Bergen, Brnnls. CJianler, Dawson, Elilridge, Find;, Ghtfxbrenner. Guodyear, Grider, Aaron Hardinri, Iff/an, James M. Ilnmplire;/, Kerr. Le Blond, Mirshull, Mcl'tdloiig/i, i\^iUack, Nicholson, Radford. Samuel J. Randall, Rittrr, Rogers, Ross, Shanldin, Taber, Thornton, Trimble. Voorhees — 29. Nays— Messrs. Allison, Anderson, DelosR. Ashley, .Tanips M. Ashley, Biker, Baldwin, Banks, Baxter. Beamiin, Beiijii- min, Bidwell. Biuphain, Bl.iini', Boiitweli,Bromwell, Brouin- Bll, Reador W. Clarke, Sidney Clarke, Cobb, Conlcling, Cook, Cullom, Dawes, Deniing, Donnelly, Driggs, Eckley, Eggle.ston, Klint, Farnsworth, Farqnhar, Ferry, Garfield, Grinnell, liriswold. Hale, Abuer C. Harding, Hayes, Hen- derson, Higliy. HolniHS, Hooper, Asahel W. Hubbard, Ches- ter U. Hubbard, Dernas Hubbard. John H. Hubbard, James U. Hubliell, lltilburd, James Humphrey, Ingersoll. Jenckes, Julian. Kagson. Kclley, Kelso, Ivetehani, Knykend.all, Laflin, Latham, (ieorge V. Lawrence, William Lawrence, Loan, Lonjyoar, Lyiu h, JIarvin, McClurg, Jlclndoe, McKee, Mc- Ruer, Merear, Moorhead. Morrill, Morris, Moulton, Jlyers, O'Neill, Ortli, I'aine, Patterson, I'erham, Phelps, jPike, Plants, Ponieroy, Price, William H. Randall, Raymond^ Alexander H.Rice, John H. Rice, Rollins, Rousseau. Saw- yer, fk-henck, Seofield, Shellabarger, Sloan, Smith, Spald- ing, Starr, Stevens, Thayer, John L. Thomas, Trowbridi^o, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, AVard, Warner, Ellihu B. Washburne, William B. Washburn, Welkor, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge— 119. A division of the question having been de- manded, the first resolution was agreed to — yeas 102, nays 36, as follow : YeiS— .Messrs. Allison. Anderson, Doles R. Afhiev, .Tames M. Ashley, B.dcer, Baldwin, Banks, liaxter, Beaman. B'-nja- min, Bidwell, Bingham, Blaine, Boutwell,Brandegee, Broni- well, Broomall, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Del'ree.s, Doming, Donnelly, Driggs, Ecklev, Eggleston, Kliot, Farmworth, Ferry, Garfield, Grinnell, Abner''. Harding, Haves, IIe?iderson, Higby, llolines. llimp- er, Asalul W. Ilublurd, Demas Hubbard, John H. Hub- bard, James 1!. Hubbell, Hulburd, Inger.soll, Jenckes, .Ju- lian, Kasson, K(dley, Kelso, Keteliam, Kuykendall, Lafliii, William Lawrence, Loan, Longyear, Lyncli, Marston, Mar- vin, Met lurg, .Mclndoe, .McKec, McRuer, .Moorhead, Mor- rill, Morris, .Moulton, Myers, 0"N' ill, Orlli, Paine, Perham, Pike, Plants, Pomeroy, Price. William II. Randall, Alexan- der H. Rice, John H. Rice, Rollin-., Sehenck, Seofield, Shel- labarger, Sloan, Spalding, Starr, Stevens, Thayor, Trow- blidgo, Upaon, Van Aeruam, Ward, Wurncr, Ellihu B Wa^hlmrne, WiHiam B. Washhurn, Welker, Wcntirorth, Williams, James F.Wilson, Stephen F. Wilson, Wiudoui^ Woodbridge— 102. N.\TS. — Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, Dawson, Eldridr/e, Find:, Glosshrenner, Goodyear, Grider, Hale, Aaro)i JLinlini/, Jfuf/an, Chester D. Hubbard, Kerr, Latham, Mcf'ulloinjh, Mercur, JSiblack. Nicliolson, Phelps, Radford, S.imuel J. Randall, Raymond, Ritlcr, Rogers, Ross, Rousseau, Shanklin, Smith, Taber, John L. Thomas, Thorn- ton, Trimble, Whaley— 36. The second resolution was agreed to — yeas 104, nays 33, as follow : Yeas — Messrs. Anderson. Delos R. Ashley, James M.Ash- ley, Baker, Baldwin, Banks, Baxter, Beaman, Benjamin, Bidwell, Bingham, Boutwell, Brandegee, Bromwel I. Broom- all, Reader W. Clarke, Cobb, Conkling, Cook, Cullom, De. frees, Deming. Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griswold, Hale, Ab- ner C. Harding. Hayes, Henderson, Higby Holmes, Hooper, Hotchkiss, Asahel Vv. Hubbard. Chester D Hubbard, Demaa Hubbard, John H. Hubbard, James R Hubbell, Hulburd, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Laflin, William Lawrence, Loan, Longyear, Lynch, Marvin, Mc- Clurg, Mclndoe, McKee, McRuor, Mercur, Moorhead, Mor- rill, Morris, Moulton, Myers, O'Neill, Orth. Paine, Perham, Pike, I'lauts, Pomeroy, Price, Willi.im H. Randall, Alexan- der H. Rice, John II. Rice, Rollins, Sawyer, Schenck, Seo- field, Shellabarger. Sloan, Spalding, Starr, Stevens, Thayer, John L. Thomas, Trowbridge, Up.son, Van Aernam, Bui-t Van Horn, Ward, Ellihu B. Washburne, William B. Wash- burn, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge — 104. Nats — Messrs. Ancona. Bergen, Boyer, Brooks, dianler, Dawson, Eldridge. Finck, Glosfbnnner, Goodyear, Grider, Aaron Harding. Uogan, Kasson, Kerr, Latham, Le Blond, McCullough. Niblack, Nicholson, Pheljis, Radford, Samuel J. Ri'ndall,'Ra.ymoml, Rttter, Rogers. Ross, Shanklin , Smith, Taber, Thornton, Trimble, Whaley— 33. The third resolution was agreed to — yeas 120, nays 26, as follow : Yeas — Messrs. Allison, Andsrsou, James M. Ashley, Ba- ker, Baldwin, Banks, Baxter, Beaman, Benj.amin, Bidwell, l.ingham, Blaine, Boutwell, Brandegee, Biomwell, Broom- all, Reader W. Clarke, .-idney Clarke, Cobb, Conkling, Cook, Cullom, Dawes, Defrees, Deming, Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Farqnhar, Ferry, Garfield, Grinnell, Griswold, Hale, Abner C. Harding. H.iyes, Hen- derson, Higby, Holmes, Hooper, Hotchkiss, Chester D Hub- bard, Demas Hubbard, John H. Hubbard, James R. Hubbeil, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, La- tham, George V. Lawrence, William Lawrence, Loan, Long- year, Lynch, Marston, Marvin, McClurg, Mclndoe, McKee, -McRuer, Mercur, Moorhead, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Pomeroy. Price, William H.Randall, Raymond, Alexander II. Rice, John II. Rice, Rollins, Sawyer, Schenck, Seofield, Shellabarger, Sloan, Smith, Spalding, Starr, Stevens, Thayer, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, War- ner, Ellihu B. W.ishburne, William B. Washburn, Welker, Wentworth. Whaley, Williams, James F. Wilson, Stephea F.Wilson, Windoiu, Woodbridge— 120. Nays — .Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, Dawson. Eldridge. Finck, Glosshrenner. Goodyear, Grider, Aaron Harding. James M, Humphrey, Kerr, Le Blond. 'Ic- Cullough, Newell, Niblack, Radford, Ritter, Rogers, Ross, SUanJclin, Taber, Thornton, Trimble — 26. The first clause of the fourth resolution was agreed to — yeas 118, nays 23, as follow: Yeas— M'jssrs. Allison, Delos R. Ashley, James M. Ashley, B.iker, Baldwin, Banks, I ^xter. Beaman, IJenjainin, Bidwell, Bingham. Blaine, Boutwell, Brandegee, Broniwell, Broomall, Reader \V. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dawes. Det'rees, Deming, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Farqnhar, Ferry, Garfield, Griunell, Griswold, Hale, AbnerC. Harding, Hayes, Henderson, Hig- by, Ilolme.s, Hooper, Hotchkiss, Chester D. Hubbard, De- mas Hubbard, jr., John H, Iluhbanl, James 1!. Hulibell, Hulburd, James Humphrev, Ingersoll, Jenikes, Julian, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, Lath.ara, George V. Lawrence, AVilliam Lawrence, Loan, Longyear, Lynch, Marston, .Marvin, McClurg, Mclndoo, Mo- K^'c, 'McRuer, Jlercur, Moorhead, Morris, Moulton, Myers, Neill, Orth, Paine, Patterson. Perham. Pliel|is, Plants, Pomeroy, Price, William H. Randall. Raymond, .\lexander H.Rice," John H.Rice, Rollins, Rou.sseau. Sawyer, Seheiuk, Scolield, Shellabarger, Sloan, Smitli, Starr, Steven.s, Thayer, Francis Thomas, Jcdin L. Thomas, jr., Trowbrid.go, Upsi -Q, Van Aernam, Burl Van Horn, Robert T. Van Horn, Wa' 1, VOTES IN THE HOUSE ON" RESOLUTIONS. 113 Warnor, EUiliu B. Washburne, William B. Waslibnrn, WelUt'i-, W.iitwiirth, Wliiiluy, Willi.itiia, Jiiined F. Wilson, StcplK'H K. Wilson, Wiiuloiii, Uoodbridge — 118. Navs — ..lessrs. Anemia, Bergen, Buyer, Brootcs, Dawsnn, Eliiridrie, Fui-k. O'losfhrenner, Gvoili/ear, Aurnn Itanlini/, James At. I{)iin)i)treii, McCalbitiJih, A'ibtack. jy'.ch'il.inn, Rad- ford, Samuel J. Rcmd-ill, Kilter, Roi/ers, Ross, Shanklin, Taber, Tliomlon, Trimble — 23. The second clause of the fourth resolution was agreed to — yeas 135, nays 8, as follow : Yeas — .^Ie3SI•s. Alli^^on. Ancnna, Amierson, James M. Ash" ley, r.iiker, liHldwiii, Banks. Daxter, Lx-anian. Benjainiii, Bur' gen, Bidvvell, Bingluim, Blaine, IJoutwell, Boi/er, Bramlegee, Broinwell, BiOoLs. Broomall, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cul loni, Otaoso?!. Defree.'f, Dem- ing, Donnelly, Driggs, Eckley, E^'gleston, Eldiidt/e, Eliot, Faruswortli, Farquliar, Ferry, /"(/icfc, Garfield, GlosArenivr, Goo'Jye.ar, Griswold. Hale, AbnerC. llarding, Hayes, iligby, Holmes, Hooper. Hotclikiss, Chester D. Hubbard, Demas Hubbard. Joliu H Hubbard, James R. Hubbell, Hulburd, James lluraplirey. James M. llumplirey, Ingtrsoll, Jenekes, Jo/inson. Julian, Kisson, Kelley, Kelso, Kerr, Ketchani, Kuykcn lall, Laflin, Latham, George V. Lawrence, William Lawrence. Le Blond, Loan, Lormyear, Lynch, Marston, Marvin, McClurg, Mcludoo, McKee. Mer.ur, Moorhead, Morrill. Morris, Moultou, Myers, O'Neill, Oi th, Paine, Pat- terson. Perham, Phelps, Pike, Plants, Ponieroy, Price, Rad- ford, Samuel J. Ranlall, William H. Randall, Raymond, Ale.xander II. Rice, John H. liice, Rollins, Romseau, Saw- yer. Schenck, Scfield, Shell ibarger, Sloan, Smith, Spald- ing, Starr, Stevens, I'aber, Thayer, Francis Thomas, John L. Thonia.', Tliomlon, Trowbridge, Upson, Van Aeruam, Bart Van Horn, Robert T. Van Horn, Ward, Warner, Elliliu B. Washburne, Villiam B. WashburTi, Welker, Wentworth. "Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windum, ^Vnodbridge — 135. Nays — Messrs. Grider, Aaron Harding, McCullough, Nichulsim, Hitler, Rogers, Shanklin, Trimble — 8. Recognition of State government of North Caro- lina. March 5, 1866 — The Speaker having proposed to lay before tlie 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 yeas were 38, nays 100, as follow : Yeas — Messrs. Delos R. Ashley, Bergen, Brooks. Chanler, Davis, Denis n, Eldridy, Find,-, Goi'di/ear, Grvler. Hale, Aaron Hardmfi, Jligan. E twin iV. Hubbill, J a.mea Humphrey, Kerr, Kuykendall, Latham, Marshall, McKiier, Newell. jViVj- lack, Niclwlson Noell, Pholps, Radford, Raynioml, Rilltr, Rogers, Rnsf, Rousseau, Shanklin, Taber, Taylor, Tliomlon, Trimble, Whab-y, Winiield.—Z^. _ ' Nats— Messrs. Alley, Allison, Ames, Anderson, .Tames M. Ashley, Baker, Bink<. Barker, Baxter, Beaman, Benj;imin, Bidwell. Biiiulnin, Itlaine, Boutwell, iiandegee. Bmniweil. BriM.iMull, liiirkland, Bnndy, Sidney Clarke, Cobb, Cook. C-iIloni. Kcfrees, Deniinsr. Hoiini'llv, Di'iggs, Dumoiit, E'kley, Eli.it. FMriiK\v..r(li.FaiqiiliMr,J'rii v.drinnell, Abii.rt'. Hard- insr. Have.slTend.'rson,Hi-bv, llill,llnlrries, Hooper, Ilotcli- ki-H. Asaliel \V. Hiibbiird. Deiiias Hnlibanl.Jr, .lobn H. Hub- baiil, JiniHR K. IlnMiell, inill.iirdIiigers(dl,Jeiiekes, Julian, Krllry^Kt'l.id, [vetcli:ini,WillJiiin L.iwrence, Lvnch, Mars ton, McClu'fT, MrK(e, Miller, iMoriis, Moulton, Myers, O'Neill, Orlh. Paine, P^iiferson, Perbam, Pike, Price, William H. Riiiilall, Alexandar H. Rice, John H.Rice, Rollins, ^awyer, Schetick, Scolifld, Sebelbibarger, Sloan, Spalding.^levens, Still well, Ti'ayer, Francis Thomas Jnlui L. Thomas, jr., Trow- bridge, Upson, Van Aernam, Burt Van Hor n, Rubert T. Van Horn, Warner, Ellihu B. Washburne, Henry D. Washburn, Wilker, Wentwoith, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbvidge. — 100. Trial of Jefferson Davis. June 11, 1806 — Mr. Bouiweli oifered this reso- lution . Whereas it is notorious that Jefferson Davis was the leader of the late rebellion, and is guilty of treason under the laws of the United States ; and whereas by the proclamation of the Presi- dent of May, i865, the said Davis was charged with complicity in the assassination of President Lincoln, and said proclamation has not been re- voked nor annulled: Therefore, 3 Be it resolved. As the opiuior of ^.he House of Re[iresentati\'es, that said Davis siiould be held in custody as a pri,-*oner, and subjected to a trial according to the laws of the land. Which was agreed to — yeas 105, nays 19, a? follow : Yeas — Messrs. Alley, Allison, Jame.s M. Ashley, B.aker, Baldwin, Banks, Haxter, Beamaa, Biihvell. Bingham, Blaiue, Boutwell, Brouiwell, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conk ling. Cook, CuUom. Darling, Davis, Dawes, Defrees. Donuelly. Eikley, Eliot, Fariisworth, Far- quliar, F'erry, Garfield, Griiiuell, (iriswold. Hale, AbnerO. Harding, Hart, Hayes, Henderson. Higby, Holmes, Hooper, Hotchkiss. Chester D. Hubbard, Joliri Ix. Hubbard, lamea R. Hubbell, Julian. Kelso, Ketcb.am, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, itarshall, Marvin, McClurg, McKee, Mc- Ruer, .Merciir, .Miller, Moorhead, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Perham, Phelps, Pike, Plants, I'omeroy. Price, William H. Rand.ill. Raymond, Alexander H. Rice, Sawyer, Schenck, Scofield, Sliellabarger, Sloan. Smith, Spalding Thayer, John L Thomas, Thornton, Trow, bridge, L'pson, Van Aern:im, Ward, Warner, Henry D Washburn, Welker, Whaley, Williams, James F. Wilson Stephen F. Wilson, Windom, Winfield, Woodbridge— 105. Nays — Messrs. Ancona, Bnyer, Coffrofh, Eldridge, Finck, Gloxsbrenn';r, Grider, Harris, Ilogan, .Tolinson, McCullougti, Niblack, Samu-l J. Randall, Ritter, Rogers, Sitgreaves, Tor ber, Trimble, Wright — 19. Neutrality— The Fenians. June 11, 1866 — Mr. Ancona offered this reso- lution: Whereas the Irish people and their brothers and friends in this country are moved by a patriotic purpose to assert the independence and re-establish the nationality of Ireland; and whereas the active S5'mpatliies of the people of the United States are naturally with all men who struggle to achieve such ends, more especi- ally when those engaged therein are the acknow- ledged friends of our Government, as are the Irish race, they having shed their blood in de- fense of our flag in every battle of every war in which the republic has been engaged; and where- as the British Government, against whom they are struggling, is entitled to no other or greater consideration from us as a nation than that de- manded by the strict letter of international law, for the reason that during our late civil war she did in effect, by her conduct, repeal her neu- trality laws; and whereas when reparation is demanded for damages to our commerce, result- ing from her willful neglect to enforce the same, she arrogantly denies all responsibility, and claims to be the judge in her own case; and whereas the existence of our neutrality law of 1818 compels the executive department of this Government to discriminate most harshly against those who have ever been and are now our friends, and in favor of those who have been faitliless, not only to the general principles of comity which should exist between friendly States, but also to the written law of their own nation upon this subject: Therefore, Be it resolved. That the Committee on Foreign Affairs be, and they are hereby, instructed to report a bill repealing an act approved April 20, 1818, entitled "An act in addi- tion to an act for tlie punishment of certain crimes against the United States," and to repeal the act therein mentioned, it being the neutrality law, under the terms of which the President's proclamation against the Fenians w.as issued. Mr. Davis, of New York, moved to lay it oa 114 POLITICAL MANUAL. the table, which was lost — yeas 5, (Alessrs. Cobb, Davis, Grinnell, Hale, Trowbridge,) naya 112. ]\Ir. Sclienck moved this as a substitute: Resolved, Tbat the President of the United States, in tlie opinion of this House, should re- consider the policy which has been adopted hy him as between the British Government and that portion of the Irish people who, under the name of Fenians, are struggling for their independent nationality; and that he be requested to adopt as nearly as practicable that exact course of pro- cedure which was pursued bj^ the Government of Great ]Jritain on the occasion of the late civil W£vr in this country between the United States and re-bels in revolt, recognizing both parties as lawful belligerents, and observing between them a strict neutrality. Mr. Hale moved to table it; which was lost — yeas 8, (Messrs. Cobb, Davis, Dawes, Dodge, Griswold, Hale, Sloan, Trowbridge,) nays 113. Mr. Banks moved to refer to the Committee on Foreign Affairs, stating that if referr'^.d tho committee would report upon it. The motion was agreed to — yeas 87, nays 35, as follow : Yeas — Messrs. Alley, Allison, Delos R. Ashley, James M. Asliley, UiilitT. Baldwin, Bunks, Bnxter, Beanian. Biilwell, Bingham, Blaine, Bontwell, Bronnvell, BucUlaiiU, Bundy, Reader W. C'arke, Sidney Claike, Cobb. CooU, Cullora, Dawes, Defrew, Delano, Dodge, Drigprs. Eckley. Farnsworth, I'arquliar, (iriniiell, Ilaviis, Hart, Hayes, Holmes, Demas HuMiard, Edwin N. Hnbbell, .lenckes, ./ojie.?, Kasson, Kel- ley, Knykendall, L-aflin, Latham, George V. Lawrence, Wil- liam Lawrence, Lonuyear, Marvin, McClnrg, McKee, Mo Riiei, Mercur, Miller. Morrill, Morris, Mcnlton, Myers, O'Neill, Orth, Paine, Perhani, Phelps, Pike, Planis, Price, William H. Randall, Raymond, Alexander H. Rice, John H. Riee, Ross, Rousseau, &iwyer, Scbenck, Sccfield, Shella- barger, Sloan, Spalding, Thayer, Trowbiidge, Upson, Ward, Welker, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge — 87. Nats — Messrs. Ancnna, Bergen, Boyer, Clianhr, CoffrotJi, Darling, Davis, Diimont, Eldridije, Find', Gln^sbrenner, Grider, Hale, Aaron Hardinc/, Hngan, James M. Humphrey, Johnson, Kerr, Ketcham, McCuIlnirjh, Nihlaclc, Pumeroy, Samuel J. Randall, Killer, Rogers, Sitgrcaves. Smith, Still- well, Strouse, Tuber, Taylur, Thornton, Trimhk, Winfield-^ Wright — 35. XI. VOTES ON SUFFRAGE IN THE DISTRICT OF COLUMBIA AND OTHER POLITICAL BILLS. Stiffrage in District of Columbia. Is House. January 10, 1866— Pending this bill, offered by Mr. Kelley, December 5, 1865, and reported from the Judiciary Committee by Mr. James F. Wilson, December 18, and then postponed till this day: A Bill extending the right of suffrage in the District of Columbia. Be it enacted, &c., That from all laws and parts of laws prescribing the qualifications of electors for any office in the District of Columbia the word " white " bo, and the same is hereby, stricken out, and that from and after the passage of this act no person shall be disqualified from voting at any election held in the said District on account of color. Sec. 2. That all acts of Congress and all laws of the State of Maryland in force in said District and all ordinances of the cities of Washington and Georgetown inconsistent with the provisions of this act are hereby repealed and annulled. After debate, Mr. Wilson moved its recommit- ment. Mr. Hale moved to amend by adding these words : with instructions to amend the bill so as to extend the right of suffrage in the District of Columbia to all persons coming within either of the following classes, irrespective of caste or color, but subject only to existing provisions and qualifications other than those founded on caate or color, to wit : First. Those who can read the Constitution of the United States. Second. Those who are assessed for and pay taxes on real or personal property within the District. Third. Those who have served in and been honorably discharged from the military or naval service of the United States, and to restrict such right of suffrage to the classes above named, and to include proper provisions excluding from the right of suffrage those who have borne arms against the United States during the late rebel- lion, or given aid or comfort to said rebellion. January 17, 18G6 — Mr. Wilson accepted Mr. Hale's amendment as part of his. January 18 — Mr Darling moved to postpone the bill till April 3. Mr. Niblack moved to lay the bill on the table, which was disagreed to — yeas 47, nays 123, as follow : Yeas — Messr«. Anrnna, Deloa R. Ashley, BerpRn, Boyer, BriioLs, Cliardir. Ihiwson, Venison. KIdridge, Finrl, Oloss- hreiuirr, Ooodi/nir, (Iriiter, Aaron Harding, Hoi/av, Chester D. lliilibaril. Kdatia X. HiihheU, James M. Hicmphreii, John- son, Jones, Kerr, Knykendall, Latham, Le Blond, ilarshM, Mc.CidUmgh, NdHad.-, Mchohon, Noell, Phelps, Radford. Simuel J. Randall, William 11. R.indall, Bitter, Rogers,^ Ross, Slianklin, Silgrcai^ss, Smith, Strou.'ie, Taber. Taylor, John L. TUomas, jr., Thornton, Trimble, Voor'iees, iVin- field— i1. Nays— Messrs. Alley, Allison, Araes, Anderson, JameaM. Ashley, Bukor, IJaldwiii, Banks, Uarker, Baxter, Beainan, VOTES ON SUFFRAGE. 115 Bid woll. Binarham, Blaine, Blow, Boutwell, BrandeRoe, Brom- well, Urouiiirill,Buckland,Buml,v, Ili^aJor W. Clarice, Sidney Clarice, Cobh, Conlcling, Cuuk. Culloui, Darling, Davis. Dawes. Detroes, Delano, DeniLog:, Dixon, Donnelly, Uriggs, Eokley, Kggleston, Eliot, Fariisworth, Farquliar, Ferry, Garfield, (Irimiell, Griswold, Hnle, Abiier C. Harding, Hart, Hayes, Ilc-nderson, Iligby, Hill, Holmes, Hooper, Asahel W. Hub- liard. Uemaslliilibard, .jr., .John H.Hubbard, Uulbnrd, James HunipUrey. In-;ersoll, jeuckes, Julitin, Kasson, Kelley, Kelso, Ketchani, Laflin, George V Lawrence, William Lawrence, Lo 111, Lougyear, Lyncli, .Marston, Marvin, McCliirg, McKee, Mercur, Miller, Moorhead, Morrill, Morris, Monlton, Myers, O'Neill, Orth. Paine, Patterson, Perliam. Pike, Plants, Pome- roy, Price, Raymond, Alexander H. Rice, John II. Rice, Rollins, Sawyer. Si:heuck. Scofield, Sliella!)arger, Sloan, Spalding, Starr, Stevens, Stillwell, Thayer, Francis Thomas, Trowbridge, Upson, Van Aernani, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washbnrns, William B. Washburn, Welkor, Wcntwortli, Williams, James F. Wil- son, Stephen F.Wilson, Windom, Woodbridge — 123. Mr. Darling modified his motion so as to post- pone until the first Tuesday in March, which was disagreed to — yeas 34, nays 138, as follow : Yeas — Messrs. Anderson, Banks, Ooukling, Darling, Davis, Defree.s, Eggleston, Farquhar, Ferry, Griswold, Hale, Hart, Henderson, Hill, Hngan, Ja-s. Humphrey, Kasson, Ivetcham, Kuykendal', Lailin, Latham, George V. Lawrence, Marvin, Mercur, Miller, Orlh, Phelps, William H. Randall, R.iymoud, Smith. Stillwell, John L. Thomas, jr., Trimble, Robert T. Van Horn — 34. Nats — Messrs. Alley, Allison, Amea, Ancona, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Barker, B.i.Kter, Beaman, Benjamin, Bergen, Bidwell, Bingham, Blaine, Blow, Boutwell. Boiler, Brandegee, Bromwoll, Brooks, Broomall, Bundy, ChanUr, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullom, Dawes, Dawson, Deming, Benisoti. Dixon, Donnelly, Driggs, Eckley, Eldridge, Eliot, I'arnsworth, Finch, Garfield, Glossbrenner, Goodt/eKr, Grider, Grinnell, Aaron Harding, Abner C. Harding, Hayes, Highy, Holmes, Hooper, A. W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr. John H. Hubbard, Edwin iV. Huhbell, Hulburd, James M. Humphrey. Ingersoll, Jeuckes, Johnson, Jones, Julian, Kel- ley, Kelso, Kerr, William Lawrence, ic Mowa', Loan, Long- year, Lynch, Marshall, Marston, McClurg, M':Cullouff/i, Mc- Kee, .Aloorhead, Morrill, Morris, Moulton, Myers, JViblac'c, Nicholson, Noell, O'Neill, Paine, Patterson, Perhain, Pike, Plants. Pomeroy, Price, Radford, Samuel J. Randall, Alex- ander H. Rice, John H. Rice, Ritter, Rogers, Rollins, Ross, Sawyer, Schenck, Scofield, S/ianlclin, Shellabarger, Sit- greaves, Sloan, t^palding, Starr, Stevens, iS"co«.s7', Taber, Tay- lor, Tiiayer, Francis Thomas, Thornton, Trowbridge, Upson, Van Aernam, Burt Van Horn, Vborltees, Ward, Warner, Ellihu B. Washburue, William B. Washburn, Welker, Went- worth, Williams, James F.Wilson, Stephen F. Wilson, Win- dom, Wivfield, Woodbridge — 135. The question recurring on Mr. Wilson's motion to commit with instructions, Mr. Schenck moved to strike from the proposed instructions these words : " Those who are assessed for and pay taxes on real or personal property within the district ;" which was agreed to. The motion to recommit as amended, was then disagreed to — yeas 53, nays, 117, as foUov/ : Yeas — Messrs. Anderson, Banks, Blow, Brandegee, Brom- well, Buckland, Reader W. (larke, Coukling, Darling, Davis, Dawes, Defrees, Delano, Deming, Di.xon, Dnggs, Eckley, Eggleston, Ferry, Griswold, Hale, Hart, Hayes, Henderson, Hooper, Hulburd, .Tames Humphrey, Jenckes, Kasson, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, 'William Lawrence, Longyear, Marvin, Miller, Moorhe id, Morris, Myers, O'Neill, Plants, Raymond. Alexander H.Rice, Schenck, Stillwell, Trowbridge, Burt Van Horn, Robert T. Van Horn, Warner, William B. Washburn. Woodljridge — 53. Nays — Messrs. Alley, Allison, Ames, Ancona, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Barker, Baxter, Beaman, Benjamin, Bergen, Bidwell, Bingham, Blaine, Bout- well. Bnyer, Brooks, Broomall, Bundy, ChanUr, Clarke, Cobb, Cook, Cullom, Dawson, Denison, Donnelly, Eldridge, Eliot, Farnsworth, Farquhar, /'V/icA:, Garfield, Glossbrenner, Good- year, Griiler, Grinnell, Aaron. Harding, Abner C. IL-irding, Higby, lli!l, /fng'are, Hcilmes, Asahel W. Hubbard, Chester D. Hubliaid, Demas Hub' ird. jr., John II. Hubbard, Edwin ?f. Hubli( :i, James M. Hnmiphrey, Ingersoll, Johnson, Jones, Julian, Krlley, Kelso, Kerr, Le Blond, Lin, Van Aermim, IJurt Vau Iloro, Ward, Warner, Elliliu B. Wudhburne, William B. Washburu, \Velkcr, NVeutworth, James F. Wilson, Stephen F. TTilssn, Windom, Wood- bridge— 104. February 8 — The bill passed — ^yeas 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. Ik 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 — yeas 113, nays 31, as follow : Yea*! — Messrs. Alley, Allison, Araes, Anderson, Delos R. Ashley, .lames M. Astijey, Bakei-, Baldwin, Banks, Barker, Baxter, Beainan, Bidwell, Bingham, Blaine, Blow, Itoiitwi'll, Bromwell, B.oomall. Bucklaod, Buudy, Reader W Clarke, Conkling, Coak. CuUom, Delano, Deming, Dixon, Dri;;g8, Duniont, Eggle^ton, Eliot, Famsworth, Faniuliar. Ferry, Gartield. Grinnell, Abuer C. Harding, Hart, Hayes, Hender- son, Hill, Holmes, Hooper, Asahel W. Hnldiaid, Chester D. Hubbard, Uemas Hubbard, jr., John H. Hu[)bar.l. James K. Hubbell, HulburJ, Ingersoll, JeDckes,Kasson, Kelley. Kelso, Ketcliaui, KuyUendall, LaUin, Latham, George V. Lawrence, William Lawrence, Loan, Lynch, Marston, Marvin, Jlcl'lurg. Mclvee, Mcliuer, Miller, Moorhead, Morrill. Mo: ris Moul- ton, Myers. Newel), Noell. O'Neill, Orth, Piine, Perliani, IMielpsi Pike, Plants, Price, William II. Rmdall, Ruymoml, Jolin H. Rice, Rollins, Rousseau, Sawyer, Scofield, Sheila- liarger, Sloan, Smith, Stevens, Still well, Thayer, Triwliriilge, Upson, Van Aernani, Burt Van Horn, Roliert T. Van Horn, Ward, Warner, Ellihu B. Washbiirne. William B. Wash- burn, Welker, Wentwortb, Whaley, Williams, James P. Wilson, Windom, Woodbridge — 113. Nats — Messrs. Ancona, Brrgi-n. Boyer, Brooks, CImnle.r, Coijroth, Dawson. Eldridge, Glossbrennrr, Grids, AsalielW. Hubbard. De- mas aubUard, John H. Uubbard, Huiburd, Ingersoll, Jenckes. Julian. Kclley, Kelso, VTillintn LavrrcTice, Loar., LoML'year, Lynch, Marston, McClur?, BIcRuer, Moicur, Miller, M^'ar- iKT. Ellihu B. Washburne, William B. Washburn, Welker, Williams, James F. Wilson, Stephen F. Wilson, Win- do m — 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. TIaion National Platform, June, 1864. Resolved, Tliat it is the highest dutj^ of every American citizen to maintain against all tlieir 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 quelling by force of arms the Rebellion now raging against its authority, and in bringing to the punishment due to their crimes the Rebels and traitors arrayed against it. Resolved, 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 tlie utmost Sossible vigor to the complete suppression of tlie Rebellion, in fall reliance upon the self-sacrifi- »ing 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 strength 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 wliich the Govern- ment, in its own 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 provisions, as shall terminate and forever pro- hibit 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 Ar jiy 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 ,-;ome 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 difficulty, the great duties and responsibilities of the Presidential office ; that we approve and endorse, as demanded by the emergency and essential to the preservation of Ihe 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 genei'al welfare li'at harmony should prevail in tlie 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 ; 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. Resolved, That foreign immigration, which in the past has added so much to the wealth, devel- jpment of resources, and increase of power to 118 POLITICAL MANUAL. tui» nation — the .isylnm of the oppressed of all naiions — siioulJ bo fostered and encouraged by a liberal and jvi.st policy. liesolvtd, That we are in favor of the speedy construction of the Railroad to the Pacific const. Jiesolved, That the National faith, pledged for the rederaptiou of the public debt, must be kept inviolate, 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 dutj' of everj' loyal State to sustain the credit and pro- mote the use of the National currency. licsohied, That we approve the ['O.-^ition taken by the Government that the people of the United States can never regard with indifference the attempt of any European Pov/or to overthrow b}' force or to supplant by fraud the institutions of any Republican Government on the Western Continent ; and that they will view with ex- treme jealousy, as menacing to the peace and independence of their own country, the elforts of any such power to obtain new footliolds for Monarchical (rovernments, sustained by foreign military force, in near proximity to the United States. Deirocratic National Platform, August, 1334. Besolvcd, That in the future, as in the past, we will adhere with unswerving tidelity to the Union under the Constitution as the only solid foundation of our strength, security and happi- ness as a peofile, and as a framework of govern- ment equally conducive to tiie welfare and pros- perity of all the States, both northern and southern. Jiesolved, That this convention does explicitly declare, as the sense of the American ])eople, that after four years of failure to restore the Union by the experiment of war, during wiiich, under the pretence of a military necessity, or war power liiglier 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 I-'ed- eral Union of the States. Resolved, That the direct interference of the military authorities ^f 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 held as revolutionary, and resisted with all the means and [>ower under our control. Resolved, That the aim and object of the Dem- ocratic party is to preserve the Feden.l Union and tlie rights of the States unimpaired; and they hereby declare that they consider that the administrative usurjiation of extraordinary and dangerous powers not granted by the constitu- tion ; the subversion of tiie civil by military law m States not in insurrection ; tiie arbitrary mili- •ary arrest, imprisonment, trial and sentence of American citizens in States where civil law f^-s- ists in full force ; the suppression of freedom of speech and of the press ; the denial of the right of asylum ; the open and avowed disregard of State rights ; tlie employment of unusual test- oaths, and the interference with and denial of the riglit of the peopde to bear arms iu 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 res[iect to our fel- low-citizens who now are, and long have been, prisoners of war in a suffeiing condition, de- serves the severest reprobation, on the score alike of pul>lic policy and common humanity. Resolved, That the sympathy of the Demo- cratic party is heartily and earnestly extended to the soMiery of our army and sailors of our navy, v/ho are. and have been in the field and on the sea, under the tlag of their country ; and, in the event of its attaining power, they wiU receive all the care, protection, and regard that tlie brave soldiers and sailors of the Republic have so nobly earned. Call for a Ka,tional Union Convention, 1866. A National Union Convention, of at least two delegates from each congressional district of all the Stales, two from each Territory, tv.'o 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 Tuesda}' (14tli) of August next. Such delegates will be chosen by the electors of the several States who sustain the Administration in maintaining unbroken tlie Union of the States under the Constitution which our fatliers 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 riglits, the dignitv, and the equality of the States iu the Union, including the right of rep- resentation in Congress, are. solemnly 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 ortoseparate 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 neitiiercan, nor ought to be, re-established in any State or Territory within our jurisdiction- Each State has the unrloubted 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 in the exercise of that right ; The maintenence inviolate of the rights of tho States, and especially of the right of each Stato POLITICAL AND MILITARY MISCELLANEOUS. 110 to order and control its own domestic concerns, according to its own judgment exclusively, sub- ject only to the Constitution of the United dtates, '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 the effect of which upon our moral, social, and material interests at home, and upon our standing abroad, differing only in degree, is injurious 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 suppi-essed, all resistance to the authority of the General Government being at an end, and the war having ceased, war measures should also cease, and should be followed by measures of peaceful administration, so that union, liar- 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, and 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 v/ho 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 allegiance, to the Constitution, the Union, and the Government of the United States. Washington, June 25, 1868. A. W. Rand.yll, President. J. R. DOOLITTLE, 0. H. Browning, Edgar Cow.\n, Charles Knap, SamuI'^l Fowler, Executive Committee National Union Club We recommend the holding of the above con vention, and endorse the call therefor. Daniel S. Norton, Jajies Dixon, J. W. Nesmith, T. a. Hendricks, Address of Democratic Congresameiij 1866. To the People of the United States : Dangers threaten. The Constitution- -the citadel of our liberties — is directly assailed. Tha 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 tho equality of the States, including the right oi representation in Congress, and the exclusive right of each State to control its own domestic co'ncerns, subject only to the Constitution of tho 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 structive of liberty. A free interchange of opinion and kind feeling between the citizens of all the 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 deiiied any right of representation to the peoplt of these States. Lav/s, 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 representatioa 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 mutual 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, and particular!}^ 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 luring together those who aro unnaturally severed, and for these great national purposes only, we cordially approve the call for a National Union Convention, to be held at the city of Philadelphia, on the second Tuesday (14th) of August next, and endorse the princi- ples therein set forth. We, therefore, respectfully, but earnestly, urge upon our fellow-citizens in each State and Territory and congressional district in the Uni- ted States, m 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, moderate, and conservative men to represent theiii in said Coa- 1-20 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, Anthony Thornton, Michael C. Kerr, G. S. Shanklin, Garrett Davis, H. Grider, Thomas E. Noell, Samuel J. Randall, Lewis W. Ross, Stephen Taber, J. M. Humphrey, John ilogan, B. M. Boyer, Teunia G. Bergen, Chas. Goodyear, Chas. H. Winfield, A. H. Coffroth, Lovell II. Rousseau, Philip Johnson, Chas. A. Eldridge, John L. Reverdy Johnson, Thos. A. Hendricks, Wm. Wright, James Gutlirie, J. A. McDougall, Wm. Radl'ord, S S. Marshall, Myer St rouse, Chas. Sitgreaves, S. E Ancona, E. N. Ilubbell, B. C. Bitter, A. Harding. A. J. Glossbrenner, E. R. V. Wright, A. J. Rogers, H. McCullough, F. C. Le Blond, W. E. Finck, L. S. Trimble, Dawson. Washington, July 4, 1866. The Elections of 1866. New H.\mpshire — Smyth, Union, 35,018 ; Sin- clair, Democrat, 30,176. Connecticut — Hawley, Union, 43,974 ; Eng- lish, Democrat, 43,433. Rhode Isl.^nd — Burnside, Union, 8,197 ; Pierce, Democrat, 2,816. Oregon — ^V'ood, Union, 327 majority. At the special election in Connecticut, in the fall of 1865, on suffrage, the vote stood : For colored suffrage, 27,217; against, 33,489. majority against, 6,272. In West Virgini.\, 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 a.ssistance 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 Nebr.yska, 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. rorrespondonce between General Grant and Gen- eral Lee. April 7, 1865. Gon. R. E. Lee, Commanding 0. S. A. : General : 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 tliat it is so, and regard it as my duty tosliiftfrom myself the responsibility of any further c-lfusion of blood, by the Confederate States army known as the Army of Northern Virginia. Very respectfully, j'our obedient servant, U. S. Grant, Lieut. Gen., Commanding Armies of the^ United States April 7, 1865. GENERAL: I have received your note of thit date. Though not entirely of the opinion you express of the hopelessness of the further resist- ance on the part of tlie 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. R. E. Lee, General. To Lieut. Gen. Grant, Commanding Armies of the United States. Aprils, 1865. General R. E. Lee, Commanding C. S. A. : Gener.^L: 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 otBcers 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. Ve^y respectfully, your obedient servant, U. S. Grant, Lieut. Gen., Commanding Armies of the United State's. 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. To be frank, I do not think the emergency has arisen to call for the surren- der of this army ; but as the restoration of peace shouhl be the sole object of all, I desire to know whether your proposal would tend to that end. I cannot, tlierefore, 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 ttie two armies. Very respectfully, your obedient servant, R". E. Lee, General, C. S. A. To Lieut. Gen. U. S. Grant, Commanding Armies U. S. A. April 9. General R. E. Lee, Commanding C. S. A.: General: Your note of yesterday is received. As I have no authority to treat on thesubjectot peace, the meeting proposed for ]0A. M. to-day could lead to no good. I will state, however, asking of yo.' the eurren ler of thai portion of i General, that I am equally anxious for peace POLITICAL MILITARY MISCELLANEOUS, 121 with yourself, and the whole North entertain the same 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 lioping that all our difficulties may be settled witliout the loss of another life, I sub- scribe myself, very respectfully, your obedient servant, U. S. Grant, Lieut. Gen. U. S. A. AppaL 9, 1865. General : I received your note of this morn- ing on the picket line, whither I had come \o 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 contained in your letter of yesterday for that purpose. Very respectfully, your obedient servant, R. E. Lee, Genercd. To Lieut. Gen. Grant, Com'g U. S. Armies. April 9. General R. E. Lee, Commanding C. S. A.: Your note of this date is but this moment (11.50 A. M.) received, in consequence of my having passed from the Lynchburg road to the .Farmville and Lynchburg road. I am at this writing about four miles west of Walter's Church, and will push forward to the front for the pur- pose of meeting you. Notice sent to me on this road where you wsh 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 R. E. Lee, Covimanding 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 Array of Northern Virginia on the following terms, to wit: Rolls 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 sucli officer or officers as you may designate. The officers to give their individual paroles not to take arms against the Government of the United States until properly exchanged, and each company or regimental commander sign a like [larole 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 liorses or baggage. This done, each otlicer and man will be al- lowed to return to their homes, not to be dis- turbed by United Slates authority so long as they observe their parole and the laws in force wliere they may reside. Very respectfully, U. S. Grant, Lieut. Gen. Headq'rs Army of Northern Virginia, April 9, 18G5. Lieut. Gen. U. S. Grant, Com'g U. S. 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 tlie stipulations into efloct. Very respectfully, your obedient servant, R. E. Lee, Genera? The other Rebel armies subsequently surren dared 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 Joseph E. Johnston, commanding Confederate army, and ALajor General William T. Sherman, commanding Army of the United States, both being present: 1. The contending armies now in the field to maintain the status g«o, 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, tlieir 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 ot the late war, so long as they live in peace and quiet, and abstain from acts 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 command, on the condition of the disbandment of the Confederajte armies, dis- 122 POLITICAL MANUAL. tribution of armf;, and the resumption of peace- able pursuits b}' the olBcers and men hitherto composing sucli armies. Not being tally em- powered by our respective principals to fultil these terms, we individually and officially pledge ourselves to promptly obtain an answer thereto, and to carry out the above programme. W. T. SnEKilAN, Maj. Gen., Commanding Army U. S. in N. 0. J. E. JoUiS'STOIT, General, Commanding C. S. 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 : WAsnisGTON, 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 inst., b}' 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 which tlie 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 himself, 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 'M 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 bis 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: Wasiiisgton, March 3, 1866, 12 P. U.— Lieu- tenant General Grant: Tlie President directs me to say to you that he wishes you to have no conference with General Lee, unless it be for the ca[iitulation of General Lee's army, or on some minor and purely military matter. He instructs me to say tliat you are not to decide, discuss, or confer upon any 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 tlie Cabinet meeting last night, General 3rant started for Norlli Carolina to direct opera- tions against Johnston's army. Edwin M. Stanton, Secretary of War. It is reported tliat this proceeding of General Sherman was disapproved for the following, 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 Sher- man had no authority to enter into any suc/\ arrangement. 2. it was a practical acknowledgment of the rebel government. 3. It undertook to re-establish the rebel State 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 tho loj'al States. 4. By the restoration of rebel authority in their respective States they would be ena'oled 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 State. 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 Govern- ment. 7. It practically abolished the confiscation laws, and relieved the rebels, of every degree, who had slaughtered our people, from all pains and penalties for their crimes. 8. It gave terms that had been deliberately, repeatedly, and solemnly rejected by I'resident 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 whenever their strength was recruited and any opportunity should offer. General Grant's Orders. [General Orders, No. 3.] War Department, Adjutant General's Office, Washington, January 12, 1866. TO PROTECT PERSONS AGAINST IMPROPER CIVITi SUITS AND PENALTIES IN LATE REBELLIOUS 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 the State, or municipal courts of such State, all officers 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 tlieir military capacity, or pur- suant to orders from proper military authority; and to jirotoct from suit or prosecution all loyal citizens, or persons charged with offences done POLITICAL AND MILITARY MISuELLANEOUb'. V2'c ?,gainst the rebel forces, directly or indirectly, I during the existence of the rebellion; and all I persons, their agents and etoployes, charged with | the occupancy of abandoned lands or plantations, or the possession or custody of any kind of property whatever, who occupied, used, pos- sessed, or controlled the same pursuant to the order of the President, or any of the civil or military departments of the Government, and to protect tliem from any penalties or damages tiiat may have been or may be pjronounced or adjudg&d in said courts in any of such cases; and also protecting colored persons from prose- cutions in any of said States charged with of- fences for which white persons are not prosecuted or punished in the same manner and degree. By command of Lieutenant General Grant: E. D. TOWNSEND, Assistant Adjutant General. suppeession of disloyal newspapers. Headquartees Armies of United States, Washington, Feb. 17, 1866. Yon will please send to these headquarters as Boon as ])racticable, and from time to time there- after, such copies of newspapers published in your department as contain sentiments of dis- loyalty and hostility to the Government in any of its branches, and state whether such paper is habitual in its utterance of such sentiments. The persistent publication of articles calculated to keep up a hostility of feeling between the people of different sections of the country can- not be tolerated. This information is called for with a view to their suppression, which will be done from these headquarters only. By order of Lieutenant General Grant : T. S. Bowers, Assistant Adjutant General. Democratic Convention of Penn., March 5, 1866. The Democracy of Pennsylvania, in Convention met, rco- oijniiiiiig a crisis iu the affairs of tlio Republic, and esteem- ing the immediate restoration of the Union paramount to all other issues, do resolve: 1. That the States, wheveof the people were lately in rebellion, are integral parts of the Uuiou and are entitled to representation in Congress by men duly elected who bear true f lith to the Constitution and laws, and in order to vindicate the maxim that taxation without representation ts tyranny, such representatives should be forthwith ad- mitted. i. That the faith of thn Republic is pledged to the pay- ment of the national debt, and Congress should pass all laws necessary for that purpose. •3. Tliat wo owe obedience to tlio Constitution of the United States, (including tlie anieiidnient proliibiting sla- very), and under its provisions will accord to those emanci- pated all their rights of person and property. 4. That each State has the exclusive right to regulate the qualifications of its own electors. 5. That the white race alone is entitled to the control of the Government of the Republic, and we are unwilling to grant the negroes the right to vote. 6. That the bold enunciation of the principles of the Constitution and the policy of restoration contained in the recent annual message and Freedmen's Bureau veto mes- sage of President Johnson entitle him to the confidence and supijort 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 fallsn, wo pledge to tlieir widows and orphans the na- tion's care and protection. 8. That we urge upon Congress tlie duty of equalizing tlie Ijouiities of our soldiers and sailors. The following was also adopted: liesnlved, That the thanks of the Democracy of Pennayl- vania Vie Candsred to «lio IIom. Charles R. iJuclsalew and lion, Edgar Cowan, for tlieir patriotic support of the Presi- dent's restoration policy: and that sucli thanks are due to all tae deriiDcratic memliers of Congress fur their advocacy of tlie restoration policy of President Johnson. Union Convention of Pennsylvania, March 7. 2. That the most imperative duty of the present is to g'tlier the legitimate fruits of tlie war, in order that our Constitution may come out of the rebe'lion puritied. ou^- institutions strengthened, and our national lite prolongeil. 3. That failure in these grave duties would be scarcely less criminal than would have been an acquiescence in secession and in the treasonable raachiuatioiis 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 .lohnson resisti^l and denounced the efforts of the reb(Os to overthrow th« National Government, Pennsylvania rejoiceil to express her entire confidence in his character and prirciples, and appre- ciation of his noble conduct, by bestowing her suffrage upon him for the second position in honor and digiuty in the country. His bold and outsp(dcen 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 warmest attachment of her people, who, remembering his great ser- vices and sacrifices, while traitors and their syiupathizerj 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 measures by which treason shall be stigmatized, loyalty recognized, and the freedom, staliility, and unit'' of the Na- tional Union restored. 5. That the work of restorit»E' the late insurrectionary States to their proper relatio.is to the Union necessarily devolves upon the law-making power, and that until sucii action shall be taken no State late'y in insurrection is enti- tled to representation in either branch of Congress ; that, as preliminary to such actinn, 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 ibis necessary constitutional power is to deny and imperii 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 Peausylvauia on this subject. 6. That no man who has voluntarily engaged in tlie late reboUiou, or has held office under the rebel orgini/.ation, should be allowed to sit in the Congress of the Union, anil that the law known as the test oatli sliould not be repealed, but should be enforced against all claimants fur seats in Congress. 7. That the national faith is sacredly p'edged to the pay- ment of the national debt incurred in the war lo save the country and to suppress rebellion, and that the jieople wil. not suffer this faith to be violated or impaiied ; but all debts incurred to supjiort the rebellion were unlawful, void, and ot no obligation, and shall never bo .-issum 'd liy the United States, nor shall any State be permitted to piy any evi- dences of so vile and wicked engagements. 15. That in this crisis of public aff lirs, full of grateful recollections of his marvellous and me norable services on the field of battle, we turn to the example of unfaltering and uncooipromising loyalty of Lieutenant General Grant with a confidence not less significant and unshaken, because at no 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 lion. Edgar Cowan, Senator from Pennsyl- vania, by his course in the Senate of the United States, has disappKiintcdthe hopes and forfeited the confidence of thoso 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 Union in the dark days of treason and rebellion, and remembering his patriotic conduct, services, and sufferings, which in times pa.st en- deared ills name to the Union party; and now reposing full confidence iu his ability, integrity, and patri Usui, wa express the hope and confidence that the policy "♦' his Ail- mlnistration will be so shaped and conduc eil as to s.ive thu nation from the perils whicli still surround it. The fourth resc.!ution was then adopted— ye*.s J 00, uays 21. 124 POLITICAL MANUAL- Gonoral Grant's Order for the Protection of Cit- izens. Headquaktkrs of the Army, AUJUT^XT Uexeual's OmcE, Wasui.\oton, July C, 1866. [General Orders, No. 44.] Di'pui tMii'iit. (lisliict. and post commanders in the States lately m rcbi'lllou are hereby liirected to arrest all persons H'lio have been or niiiy hereafter he charged with the com- mit^sioii of crimes and offences against ollicers, age?its, citi- eens, and inhabitants of the United States, irrespective of color, in cases where the civil authorities have failed, nej; lected, or are nnahle to arrest and bring such parties to trial, and to n p irty for the purpose of dividing and distracting it, and by this means to ultimately enable rebels to vote. 6. TliMt we are pledged to the maintenance of the pres- ent constitHiion of Maryland, which expressly and em- phatically prohibits both rebel suffrage and negro suffrage, and we arc equally determined to uphold the registry law, which disfranchises rebelsand exclud<-s negroes from voting, and have no di-sire or intention of rescinding or abolishing either the constitution or the registry law. 7. That we warn the Union men of Maryland " that no Union nutn, high or low, should ccairt the favor of traitors, as they can never win it — from the first they have held him as their enemy, and to the la-st they will be his; and that they should eschew petty rivalries, frivolous jealousies, and self-.seekiiig cabals; 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 w.as unani- nicus, with the exception of the sixth resolution, upon whiili a division was called, and the result showed 54 yeiis to 14 nays. The lesclutions were then read as a whole, and adopted nnanimoiuly as the utterance of the Convention. Convention of Southern Unionists. To THE LoYM, Uniomsts of Tiir, Sjuth : The grt it issue is upon us 1 The majority in Congress, and its si.pporters, firmly declare that "the rights of the citizen enumerated in the t'onstitution, and established by the supreme law, must bo raaintaimul Inviolate." llobels Hjd rebel sympathizers iissert that " the rights of the citi7,en must be left to the States alone, nnd under snch regulations as the respective States choose voluntarily to lU'cscribe." We have seen this doctrine of State sovereignty carried out in Its practical results until all authority in Congress was denied, the Union temporarily ilestroyeil, the constitu- tional rights of the citizen 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 1 erniitted to remain. We know of no other plin than that Cotigress. under its constitutional powers, shall now exercise its authority to establish the |>riiiri[de whereby protection is made coextensive with ciiizeiiship. We maintaiti that no State, either by its organic Law or legislation can make transgression on the riizhts of the ciii/.en legitimate. We demand and ask you to coucur in (l.iuaniling protection to every citizen of the great Republic on the basis of equality belbre the law: and furlhei. that no State government should be recognized as legitimate under the Constitution in so far as it does nor by its organic law make impartial protection full and complete. Coder the doctrine of " State sovereignty." with rebels in the foi<'groimd, controlling Southern legislatures, and em- bittered by (h>appointinent in their schemes to destroy the Union, there will be no safety for the loyal elenieot of the Sotith Our reliance foi protection is now on Congress, and the great Union party that has stood and is standing by our nationality, by the constitutional rights of the citizen, anJ by I ho beneficent principles of the government. For the purpose of bringing the loyal Unionists of the Soutli into conjunctive action with the true friends of re- publican government in the North, wo invite you to send delegates in goodly numbers from all the Southern States, iucluiliiig Missouri, Kentticky, West Virginia, Maryland, and Delaware, to meet at Independence Mall, in the city of I'hiladelphia. on the first Monday of Septi mber next. It is proposed that we should meet at that time to recommend measures for the establishment of such goveriinieiit in the South as acccads with and [irotects 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 South. That kind of government which gives full protection to all rights of the citizen, stich as our fathers inteniled. we claim as our birthright. Either the lovers of constitutional lib- erty must rule the nation or rebels and their sympathizers be permitted to misrule it. Shall loyalty or disloyalty have the keeping of the destinies of the nation? Let the re- sponses to this call which is now in circulation for signatw'es, and is being numerously signed, answer. Notice is given that gentlemen at a distance can have their names attached to it by sending a request liy letter directed to D. W. Bing- ham, Esq., of Washington, D. 0. Tennessee W. B. Stokes, .TOS. S. FoWLEB, James Gettys. Texas A. .1. Hamilton, Geo. W. Pascbal, Lorenzo Suerwood, C. B. Sabin. Georgia G. W. A.snDCRS, Henry U. Cole, Missouri J. W. McCi.iRQ, John R Kelso, .T. F. Benjamin, Geo. W. Anuehson. Virginia John B. Troth, J. M. Stewart, Wm. N. Behkley, Allen C. Harmon, Lewis JIuKenzie, j. w. hunnicutt, John C. UNDERWoon, BURNHAM WaRDWEL» Alex. M. Dvvis. North Carolina Byron Lxfiin, Daniel R. Goodlck. Alabama .George Re i:se, D. n. Bingii\m, M. R. Saffold, J. II. Larcombe, WAsniNGTON, July 4, 1866. CENSUS TABLES. 125 r-trl rl M il !N •aiMi-ii-iinaO'tocoOioot-'jiOl co^cooiOT-iootoc^co»o<3^coi-«c-inwo fc^COrHr-(0005CO»r5 0C100iOa>iC'r'1 Clrlff^ IS^Il-KM'Mrlr-liM {.j-jciirttOi-OOOttHMMO-'CBr-ITfftOtO oeoiHi-it-OiioiOioo)t-'*oo'*r -ll'^ O o ^? :0 1-1 -T- -f CJ -t CO GO "jO t^ 05 CO O (M r-( -J O i-To)' -^ -t o r-I^ o c-f-tTo'cTTi cT 3i O 'O CO O Ol I- -f rH t- i-< "^ O rHl-l rHCO ** ■<* ^ ^ t 1< 0> lO C "i t— COClt-uOOO'MOOOf—OCOcDcO O O . -H to --^ r- O 1 1 ^ ~ C CO C/> C» co^ o_ o c-o c o_ 7- J^ o u-;;^ i-h o_ o o. co^ o^ ': i^ 21!- Olr-ieOOOO'MC'lc lOOi^CiOCO — CO-HrO COOuOOO-tCO — rHCO-fOlC^i-L O -f* I- rH I- -f »- CO '^ I 1-- O 00 I- O f -f o,^^c:>^'-H_-f^co o_c/)_cc :o I- i- i- :£> o"o'rt"-trt-ro rHcrTco'--''-* I- o'oTco j -h o-» i-iCiooc5i-ic^i-co>ntco'M — CiCOCit^OiCOCl-^OOfNCO-fOO'^ CO CO c-l Oj 1- CO o I- c^ o -f o I- ^1 00 u5 c: -f o -i< QO -r co^cc ^i •?:< 't,"*' ^ ^ cc co'c^fcadc-ft^i-raTo CO co'ct'o cJ o ■ - -' CO f-" O C-1 CjC CD -t^ ■"" " ~ i-H C^ f-(i-l (Nr-i ,clk THt^(?^I-iC'3»-0 lO O CC <-H C- -f O 01 r- O 1-0 ^ 01 r-C? 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Voles in the U. S. IToicse of Rep'^-ee^-niativea on the Various Tariffs. STATES. Tariff of 1816. Tariff of 1824. Tariff of 1828. Tariff of 1832. Tariff of 1842. Tariff of 1846. Tariff of 1857. Tariff of 1861. Tariff of 1864. Tariff BiM of 1866.* i a ;S S5 i f*" tc ?> « » CC 1 §, i NEW ENGLAND STATES. 1 fi 4 4 2 4 1 15 27 5 23 1 1 57 3 7 1 11 2 1 21 6 5 11 15 6 6 4 17 27 3 14 8 52 11 1 3 8 3 2 17 2 3 12 1 18 8 3 5 10 6 2 26 23 6 19 1 4 53 3 3 4 1 8 9 3 12 17 7 4 11 14 2 1 17 14 1 3 9 4 1 18 16 5 23 1 2 47 1 6 1 9 4 1 21 16 2 3 25 13 1 3 1 5 12 1 15 1 I lo" 5 3 3 9 4 2 26 18 4 22 1 2 IT 2 4 3 2 3 8 1 1 18 14 1 15 1 _^ 32 1 1 2 1 3 3 3 3 10 2 23 16 1 19 1 37 New ILinipslnre 1 4 7 2 2 16 20 5 17 3 1 4 10 2 3 1 5 1 5 2 15 26 6 24 1 3 60 1 5 11 1 23 8 1 6 15 21 Kbudu Island MIDDLE STATES. New York 4 3 1 1 44 7 5 10 13 4 SOUTHERN STATES. 13 . .1 3 4 3 11 3 "o" 13 9 7 "3" 1 3 "o" 13 8 7 ■3" 1 3 8 3 1 ...„. 1 1 4 6 6 "i" 2 "6" 2 11 6 8 "I' 2 1 5 7 5 1 7 4 3 2 48 3 6 12 4 4 3 2 1 7 6 8 2 6 4 4 1 7 4 4 1 44 6 7 5 3 4 1 1 2 14 8 4 3 1 3 4 1 13 2 4 1 3 2 2 4 4 6 8 3 2 1 37 4 3 5 4 2 4 FloriiJa 1 1 Louisiuiia 1 1 1 1 I 14 6 3 5 31 1 1 11 14 1 1 57 3 12 13 3 1 50 9 1 27 9 9 13 3 1 27 3 5 4 1 9 3 1 1 49 8 13 6 3 i 1 3 1 WESTERN STATES. 4 7 Ohio 4 2 3 5 10 4 4 15 2 3 7 V7. 4 1 6 4 1 2 1 28 3 2 24 1 4 2 1 3 . ... 1 1 3 1 9. 1 1 1 2 2 1 i 14 3 31 7 29 10 36 = 24 34 S8 23 30 37 1 PACIFIC STATES. 32 22 1 27 2 1 1 4 40 — — — 2 T22 "72" I05" 1 3 IT 1 n Grand Total "m "HT ioY TivJT 105 "oT T32 "65" 10* I03" 114 ~95" 63 Statement of the Public Debt of the United States on the 1st of June, 18( Ddit lif-aring Coin Iiiterost Debt in- iriiij^ Ciir;i'iicy Interest M.itiired I'clit not prcsenteil for piiyment Debt bearing no li itc-rest.— U. S Notes $402,128,318 00 I'raction:! Cuirency 2T,:;i;4.i)e5 04 Gold Certiflcates ot'Deposit 2-',5G8,320 00 Total Debt Amount in Tica-sury, Coin 50,n70,957 72 " •' Currency 7'J.Ull,12o 52 Amount of Debt, lesa Cash in Tieasury $1,195,825,191 80 1,147,22:',226 23 4,900,429 64 452,001,003 04 2,799,979,450 76 TJ0,691,0S3 24 §2,tJ70,2Ss,367 52 ♦July 12 — In Senate, postponed till Deccnilier next — yeas 23, nays 17, as follow: Yeas— .MesHrs. llrown. J)ans, Dooliitle, Foster, Orirnes, Gutlirie, Harris. llcnOerson, irmdricks, Jnlni^on, Kh'kwooii, Lane, Jlort;an, Ac.smiUi, Ndrlon, Punieroy, liiddle, Sauls bur;/, Sumner, Tiuuibiill, Willi'y, Williams, Wilson — 23. Nay- — Messrs. Antliony. ( li:in(Ilcr,('l:irk, Coiine?^, Cowun, Cragiu, Eiimuuds, i'essenUen, Howard, llowo, I'olaud, Ram- sey, kilierniau, Spraguo, Stewart, Van Winkle, Wade — 17. r MANUAL FOR 1861 XIV. PRESIDENT JOHNSON'S SPEECHES. On receiving the Proceedings of the Philadel- phia Isith of August Convention. 18G6, August 18— A committee of the Con- vention presented the proceedings through their Chairrai n, Hon. Reverdy Johnson, who made some rei larks in so doing. Prebident JoHKSoN replied: Mr. C i.\IRMA?r AST) GEKTtEMEN OF THE COM- MITTEE: Language is inadequate to express the emotions and feelings produced by this occasion. Perhaps I could express more by permitting silence to speak and you to inl'er what I ought to say. T confess that, notwithstanding the ex- perience 1 have had in public life and the audi- ences I huve addressed, this occasion and this assemblage are calculated to, and do, overwhelm me. As I have said, I have not language to convey adequately ray present feelings and emo- tions. In listening to the address which your eloquent and distinguished chairman has just delivered, the"] roceodingsof the Convention, as they trans- pired, recurred to my mind. Seemingly, I par- took of the inspiration that prevailed in the Convention when I received a dispatch, sent b}' two of its distinguished members, conveying in terms the scene which has just been described, of Soutli Carolina and JMassachusetts, arm in arm, marching into that vast assemblage, and thus giving evidence that the two extremes had come xjgether again, and that for the future they ^re united, as they had been in the past, for tl 'preservation of the Union. When I was thus tformed that in that vast body of men, distil: ;^uished for intellect and wisdom, every eye was suffused with tears on beholding the scene, I could not finish reading the dispatch to one associated with me in the otfiee, for my own feelings overcame me. [Applause.] I think we may justly conclude that v/e are acting under a proper inspiration, and that we need not be mistaken that the finger of an overruling and unerring P'rovidence is in this great movement. T'-e nation is in peril. We have just passed thrc igh amighty, a bloodj'-, amomentous ordeal ; and yet do not find ourselves free from the difficulties and dangers that at first surrounded us. While our brave soldiers, both officers and men, [turning to General Grant, who stood at his riglit.j have by their heroism won laurels imperishable, there are still greater and more important duties to perform ; and while we have bad their co-operation in the field, now that they have returned to civil pursuits, wo need their support in our efforts to restore the Gov- ernment and perpetuate peace, [x'lpplause.] So far as the executive department of the Govern- ment is concerned, the etTort has been made to restore the Union, to heal the breach, to pour oil into the wounds which were conseqnent nppn the struggle, and (to speak in common phrase) to prepare, as the learned and wise physician would, a plaster healing in character and coex- tensive with the wound, [Ayiplause.] Wo thought, and we think, tliat we had partially succeeded; but as the work progresses, as recon- ciliation seemed to be taking place, and the country was becoming reunited, we found a disturbing and marring element opposing ns. In alluding to that element I shall go no further than your Convention and the distinguished gentleman who has delivered to me the report of its proceedings. I shall make no reference to it that I do not believe the time and the occasion justify. We have witnessed in one department of the Government every endeavor to prevent the res- toration of peace, harmony, and Union. We have seen hanging upon the verge of the Gov- ernment, as it were, a body called, or which assumes to be, the Congress of the United States, while in fact it is a Congress of only a part of the States. We have seen this Congress pretend to be for the Union, when its every step and act tended to perpetuate disunion and make a dis- ruption of the States inevitable. Instead ol promoting reconciliation and harmony, its legis- lation has partaken of the chara-cter of penalties, retaliation, and revenge. This has been the course and the policy of one portion of your Government. The humble individual who is now addressing you stands the representative of another depart- ment of the Government. The manner in which he was called upon to occupy that posi- tion I shall not allude to on this occasion. Suffice it to say 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 of civil and religious liberty. [Prolonged cheer- ing.] Having been taught in my early life to hold it sacred, and 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. [Hearty applause.] 128 POLITICAL MANUAL. I know it has ocon said (xnd I must be [,iy- 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 giving way, loomed up through their gloom ; for, beyond, 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 l^e 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 o-pplause.] We have seen a Congress that seemed to forget that there was a limit to the sphere and Bcope of legislation. We have seen a Congress in a minoritj' assume to exercise power which, if allowed to be consummated, would result in des- potism or monarchy itself. [Enthusiastic ap- plause ] This is truth ; and because others, as well as myself, have seen jiroper to appeal to the patriotism and republican feeling of the countrj-, wehave been denounced ijt44T(; severest terms. Slander upon slander, vitdj)eration upon vituperation, of the most virulent character, has made its way through the press. What, gentlemeu. has been your and -\ny Sf '-viiat has been the cause of our oSfending? i will teil yoir. Daring to stand by the Constitution of our fathers. Mr. Chairman, I consider the proceedings of this Convention equal lo, 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 .'fitting in coun- cil, with ideas, with principles and views com- 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 tlian any convention that has sat — at least since 1787. [Renewed applause.] I think I may al;-o 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!" and applause.] Yes, I will go further, and say that the dec- larations you have made, that the prini.-iples 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 j'ou have laid down a constitutional plat- form on which all, without reference to [larty, 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.] llow many 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- men, let me ask what have I to gain more than the advancement of the public welfare? I am as mucn opposed to the indulgence of egotism as anyone; buthere, in aconversational planner, while formally receiving the proceedings of this Convention, I may be permitted again to inquire, what have I to gain, consulting human ambi- PRESIDENT JOHNSON'S SPEECHES. 129 tion, rjore than I have gained, except one thing — the consummation of tiie great work of resto- ration ? My race is nearly run. I have been placed in the high office wliich I occupy by the Constitution of the country, ar.d I may say that I have held, from lowest to highest, almost every station to whicli 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 tliat which was placed in my hands by the measure called the Freedmon's Bureau bill. [Laughter and applause.] With an army, which it placed at my discretion, I could have remained at the capital of the nation, and with fifty or sixty millions of ajipropriations 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,] ami with the patronage and other appli- ancesof the Government, I could have proclaimed myself dictator. [" That's true !" and applause.] But, gentlemen, my pride and my amb tion have been to occupy that position which retains all 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 drive me from my purpose. [Great applause.] I acknowledge no superior except my God, the author of my existence, and the people of tl#^ United States. [Prolonged and enthusiastic cheering ] Tbe 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 liigh behests of the people have always been, and ever will be, respected and obeyed by me. [Applause.] Mr. Cbairman, 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 life, I hold above all price, and shall ever recur with feelings of profound gratification, to the resolution containing 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 my faith in the people, I trust and hope that my future action may be such that you and the Convention you represent may not regret the assurance of confidence you have so generously expressed. [" We are sure of it."] Before separating, my friends, one and all, please accept my heartfelt tlianks for the kind manifestations of regard and respect you have exhibited on this occasion. In New York, August 29. Gentlemen : The toast which has just been drank, and the kind sentiments which preceded it in the remarks of your distinguished represent- ative, the mayor of this city, are peculiarly, un- 9 der existing circumstances, gratifj'ing to me ; and in saying they are gratifying to me 1 wish not to indulge in any vanity. If I were to say les"? I should not speak the truth, and it is always best to speak tlie truth and 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 — iiere 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. [Cheers.] And be- lieve me on this occasion, warm is tiis heart that feels and willing is the tongue tbatspeaks, and I would to God it were in my jiower 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 reierence to what has been said and the manifestations that have been made, to go into any speecli, or to make any argument before you on this occasion, but merely to give utterance to tiie sincere senti- ments of my heart. I would that I could utter what I do feel in response to tliis 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 wliich we are engaged is simply to develop the popular heart of tlie 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 liavejust passed through a bloody, perilous conflict ; that we have gentlemen who are associated with us on this occasion, who have sliared their part and participated in thesestrug gles for the preservation of the Union. [GreaJ applause.] Here is the Army, [jiointingto the right, where sat General Grant,] and here the Navy [pointing to the left in the direction ol Admiral Farragut.] They have performed theii part in restoring the Government to its presen. condition of safety and security; and will it be considered improper in me, on this occasion, to say that the Secretary of State has done his part ; [Cheers.] As for the humble individual who now stands before you, and to whom you have so kindly and pleasantly alluded, as to what part he has performed in this great drama, in this struggle for the restoration of the Gov- ernment and the suppression of rebellion, I will say that I feel, though I may be included in this summing up, that the Government hab done its duty. [Cheers.] But tliough the Gov- ernment has done its duty, the work is not ye< complete. Though we have passed through fields of battle, and at times have almost been constrained and forced to the conclusion that W8 should be compelled to witness the Goddess of Liberty, as it were, go scourged through fields 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 which the Government has been successful- While the enemy have been put down in the field there is still a greater and more important task for you 130 POLITICAL MANUAL. and others to perform. [Cheers ] I must be permitted — and I sliall not trespass upon you a iroment — I must be permitted to remark in this connection, that the Government commenced the suppression of this rebellion for the express pur- fose of preserving the union of these Stales. 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 has de- clared and announced and established the great fact that these States had not the power, and it denied their right, by forcible or b}' peaceable means, to separate themselves from the Union. [Cheers. "Good."] That having been deter- mined 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 tlie 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 }^ears ago contended that even the States had not the rjght 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 ])ractical dissolution. Wedeniedthatthey had any such right. [Cheers.] And now, when the doctrine is established that, they have no right to withdraw, and the rebellion is Jit 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 tliey present representatives to the Congress of the United States, in violation of the eacrcd c'.iarter of liberty, which declares that you cannot, even by amendment of the Constitution of the United States, deprive any one of them of their representation — we find tliat in violation 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 vou and before the countr}'. Will these States te 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 wo prepared nov/, after having passed tbrongh this rebellion ; arc we prepared, after the immense amount of blood that has been shed ; are we jirepared, after having accumulated a debt of over three thousand mil- lions of do'.lars ; are we prepared, after all the injury that has been inf]..'ted upon the people, Nortli and South, of thia 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 !"] 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 Nortb ? Are we prepared, in tliis fair and happy Government of freedom and of liberty, to see man again set upon man, and in the name of God lift his hand against the throat of his fellow ? Are we again prepared to see these fair fields of ours, 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 lliat has relief in its character and pour it into tlie 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 tiling. We have known of feuds among families of the most respectable character, which would separate, and the contest would be 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 they could feel better after- wards. [Laughter and applause. ] They are our brethren. [Cheers.] They are part of ourselves. [" Hear ! hear !"] They are bone of our bone and llesh of our flesh. [Cheers.] They have lived with us and been part of us from the establish- ment 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 together again; and nosv, alter having understood what the feud was, and the great apple of discord re- moved; having lived under the Constitution of tlie United States in the past,tliey asktolivu under it in the future. May I bo permitted to indulge in a single thought hero? I will 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 Pliila- del[ihia Convention has met to pronounce upon the condition of the country? What is now said? Why, that these men who met in tliat 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 tlie individual now before you? Who has sacri- ficed and suffered more? [Cheers.] Bat because my sacrifices and sufferings have been great, and as an incident growing out of a great civil war, should I become dead O' in'ensible !;o tru'h c PRESIDENT JOilNSOrr S SPEECHES. 13] principle? ["No, no." Cheers.] But these men, notwithstanding they may prol'esa now loyalty and devotion 1o the union of the States, are said to be pretenders, not to be believed. What better evidence can you hav<; 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 v/liat are the senti- ments there? [Cheers.] Hov/ many men have lived in this Government from its origin to the pjresent time that have been loyal, that have obeyed all its laws, that have paid its taxes, and fustained tlie Government in the hour of [lenl, yet in sentiment would have preferred a change, or v.'ould have preferred to live under some other form of government? But the best evicence you can have is tlieir [iractical loyalty, their professions, and their actions ["Good," "good," and applause.] Then, if these gentlemen in convention, from the North and South, come tor- 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 we 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 j^ou your Govern- ment is not. as strong as a rope of sand. It has no weight; it will crumble to pieces. This Gov- ernment has no tie, this Government lias no binding and adhesive power, beyond the confi- dence and trust in the people. ["Hear, hear." Loud n[>plause.] But these men who sit in con- vention, who sit in a city whose professions have been, in times gene by, that they were a peace-loving and war- hating people — they said there, and their professions should not be doubt- ed, th;it 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 j>ractical dissolution, must be continued to exist Your attention to a single point. W'hy 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 notions that are coextensive with all these States, with 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 for myself. ["Sound."] 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 iliny offered for that srjiaia- tion? Your attention. The time has come to think; the 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 c^mnot 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. 1 look my position in ihe Senate of the United States, and assumed then, as I have since, that this Union was [lerpetual, 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 iu 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.; and what form of government was it? What kind of Constitution did they adopt? Was it not the same, with a lew 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 agovernment where it would be enforced. We said " You shall not separate, you shall remain with us, and the Constitution shall bo preserved and enforced." [Cheers.] The rebellion lias ceased. And when their arms were put dov.'n by the Army 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 (ieneral 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 thd 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 accepjted? Do we want to humiliate them and degrade them, and tread them in the dust? [" No, no ! " Cheers.] I say this, and I repeat it here to-night, 1 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 contempt. I want them when they come back to become a part of this great coun iz-z POLITICAL MANUAL. try, an honored f'Ortion of tho American peopl'>. 1 wnnt them to come back with all their man- hood ; ther; tho3' are fit, ivnd not without that, to be a part of these United States [Cheers. "Three cheers for Andrew Jol'nsnn "] I have not, how- ever, apprcMch'^d the point ihatl intended tomen- tion, and 1 know i am lalking too long. ["Goon," "goon," "goon."] Wh)- should we distrust thf. southern people an-l say they are not to be believed ? 1 have just called j'our attention to the Constitution under wliich they were desirous to live, and that was tiie (Constitution of their fathers, yet they wanted it in a separate condi- tion. Having been defeated in bringing about that separntion, and having lost the institution of slavery, the great apple of discord, they now, in returning, take up thnt Constitution, under which they alwa}'s lived, and which they estab- lished lor 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 il 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 I hose who take the southern peo- ple, 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 flag 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 in 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, rhilli[)s, Garrison, and men of that kind, who were talking about dissolution in the North; and of the^ft extremes one was the hammer and the other was the anvil ; and when tlie 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. 1 fought those in the South who commenced the rebellion, and now I o[)pose those in the North v/ho are trying to break up the Union. [Cheers.] I am for the Union. 1 am against all those who are opposed to the Union. [Great applause.] I am for the U'nion, the whole Union, and nothing but the Union. [Renewed cheering.] I have helped my distinguished friend on my right, General Grant, to figiit tlie 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.) 1 was witJi him, and 1 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- fie for the Union, for tlie 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. ["That's so," and applause.] I have heard an idea advanced, that if we let the 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, [" llear, hear."] and none but loyal 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, fifty- eight members, wliat is it compared witli the two hundred and forty-two members of the rest of tlie Union ? [" Good boy !"] Is it compliment- ary to the North to say wo 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- tives, are they to control the two hundred and forty-two? There is no argument that the in- fluf^nce and talent and the principles they can bring to bear against ns, placing them in the worst possible light [A voice, "The Sumner ar- gument"] can be a cause for alarm. We are represented as afraid of these fifty eight men, afraid that they will repudiate our public debt; that they can go into the Congress of the United States under the most favorable conditions they could require, the most otfensive 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 to take charge of the country. Why. it is croaking; it is to excite your fears, to aj»peal 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- chartral industry, and agriculture, and all the pursuits of peace restored, 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 ])eople of the South; that we are cowards. [Cries of " 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 here to-night, I am no prophet, but I ])redicted at different times, ia the beginning of the late rebellion, what has been literally fulfilled. [Cries of " That's so."] I told the soucliern people years ago, that when- ever they attempted to break up this Union, whenever they attemjited to ilo that, even if tiiey succeeded, that the institution of slavery would be gone. ["Good, good."] Yes, sir, [turning to Mr. Seward,] jou know that 1 made that argu- ment to Jeff Davis. You will bear witness to the position I then occupied. Mr. Seward. I gue.«s so. [Applausp.] Mr. Johnson. Yes, ami you were among the few that gave mo encouragement. [Applause.] I told them then that the in.-titution of slavery could not survive an attem[)t to break up this Union. They thought dilTerently. Theyputup a stake: what was it? It was four millions ot PRESIDENT JOHNSON S SPEECHES. Blaves, in whici; they had invested their capital. Their investment in the institution of slavery amounted to $3,000,000,000. This they put up at etake, 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. [Clieers.] They have not succeeded in going out, and the institution of slavery is gone. [" Hear, hear."] Since it has been gone they have come up manfully and acknowledged the fact in their State conventions and organizations, and the}' ratify its fall now and forever. [Cheers.] I have got one other idea to put riglic alongside of this. [Applause and laughter.] You have got a debt of about $3,000,000,000. [" Tliat's so."] How are you going to preserve the credit of that? Will you tell me. [Voices, "You tell ns."j How are you to preserve the credit of this $3,000,000,000? Yes, perhaps when tlie account is made up your debt will be iound $3,000 000,000 or $4,000,000,000. Will you lell me how you are to secure it, how the ultimate piiyrnent o' the principal and interest of this sum is to be secured? Is it by having this Government dis- rupted ? [Mr. Seward and others, " 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 by the complete union of these States. [Applause.] Let me tell you who fall into this fallacy, and into this great neresy, you will reap a more bitter reward than the southern brethren have reaped in putting their capital into slavery. Mr. Seward, sotto voce. The argumentum ad hominem. ["Good."] Mr. Johnson. Pardon me, I do not exagger- ate. I understand this question. You 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 increase 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 people of New York, hut I am proud to find a liberal and comprehensive and patriotic 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 V^ 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 this thing, and ask what is before you? What is before you? New York, this great State, this great commercial emporium — I was asking your mayor to-d;iy t':o amount of your taxation, and he informs uic it is $18,000,000! Where did your Government, start from but the other day? Do you remeinlur that when General Washington was inauguradd 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 tax' s amount to $18,000,000, and whose po[iulaiion numbers four millions — double what the entire nation had at the time when it commenced its existence. General Sandford. 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. Thus may we advance, enter- taining the principles which are coextensive with the States of this Union, feeling, like you, that our S3'stfm 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.] I 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 hack 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 iiave comrnencec the grand process now. I tell those present wh< are croaking and talking about individual ag grandizeinent 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 tliis 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 the cause 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. I believe in tlie 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. ?elf upon the cross, and died, that man might be raved. If I have pardoned many, I trust in God 111 at I have erred on the right side. If I have ])arUoned many, I believe it is all for the best interests of the country; and so believing, and convinced that our southern brethren were giv- ing evidence by their practice and profession tliat they were repentant, in imitation of Ilim of old who died for the preservation of men, I exercised that mercy which 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 first sense in the character of the Chief Magistrate of the nation, but as a citizen, defend- ing the restoration of the Union and the per- petuation of the Constitution of my country, bince becoming the Chief Magistrate I have tried to fulfill my duty — to bring about reconciliation and harmony; my record is before you. Yon know how politi' ians will talk ; and if you people will- get right, don't trouble yourselves about the pol- iticians, for wlien the people get right the politi- cians are very accommodating. [Clieers.] But let me ask this audience here to-night, Wliat am I to 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 whelp 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 m.o from ray 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 Ye.s," and "What is it?"] At this particular crisis ami period of our country's history I find the Union of these States 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, lot thy servant depart in peace. [Ap- plause.] That being done, my ambition is com- plete. I would rather live in history, in the affections of my countrymen, as having consum- mated this great end, than to be President of tlie United States forty times. [General Sandford called for "Three cheers for Andrew Johnson, the restorer of the Union." The cheers wore given.] In conclusion, gentlemen, let mo tender to you my sincere thanks on this occasion. So long as reason continues to occu|>y her empire, so long as ny heart shall boat wiiii one kind emo- tion, so long as my memory shall contain or be capable of recurring to one event, so long will I remember the kindnes.ses, so long will I leel the good that has been done on this occasion, and so long will I cherish in ny heart the kindness 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 and said: "Gentlemen, in con- clusion, after having consumed more of your time than I intended, I fear unprofitably, let mo propose, insincerity, 'The Union, the perpetual Union of these States.'" The toast was drunk with cheers. In Cleveland, September 3. Fellow-Citizens : It is not for the purpose of making a speech that I now apfiear 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 }-ou desire to see General Grant, and to hear what he has to say. [A voice, "Three cheers for General Grant."] But you cannot see him to- night, lie is extremely ill. I repeat, I am not belbre you now to make a speech, but simply to make your acquaintance, to say, "How are you ?" 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, and 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 more nor less tlian 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 tho States of the Union, and therefore coulu 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 office vacant, or, under a pretext, to prefer articles of impeachment, and thus the individual who occupies the Chief I\Iagistracy 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 know there are some who complain. [A voice, "Unfortunately."] Yes, unfortunate for some that God rules on high and deals in right. [Cheers.] Yes, unfortunately, tho ways of Providence are mybterious and in- comprehensible, controlling all those who ex- claim " Unlbrtunato." ["Bully for you !"] I was going to say, my countrymen, a short time since I was selected and placed upon the ticket. There was a platform proclaimed and adopted by those who placed i.ie upon it. Kot- PRESIDENT JOHNSON'S SPEECHES. 185 withstanding 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 wruth would have been poured out upon him. [Cries of " Never." " Three cheers for the Con- gress 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 tliis, 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 of the country? [Cheers.] 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 principle 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. [A voice, " Hang Thad. Stevens and Wendell Phillips."] Hang Jeff Davis. Why don't you hang hiin ? [Cries of " Give us the opportunity."] Have not you got tlie 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 arn not the prosecuting attorney. [Cheers.] I am not the jury. I Will tell you what I did do. I called upon your Congress that is trying to break up the Gov- ernment. -[Cries, "You bed— d!" and cheers mingled with hisses. Great confusion " Don't get mad, Andy."] Well, I will tell you who is raad. "Whom the Gods wish to destroy, they first inaice mad." Did 3'our 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 lier 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 j'our hearts. [Cheers.] This was my object in presenting my- self on this occasion, and to tell you " How do you do," and at the same time to bid you "Good- by." In this assembly here to-night the remark has been made, " Traitor ! traitor!" Mj^ coun- trymen, will you hear me ? [Shouts of " Yes."] And will you hear me for my cause and for the Constitution of my country? [Applause.] I want to know when or where, or under what circum- Btances, 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 wrator and deal in declamation to-night, I would imitate one of the ancient tragedies, and would take William H. Seward, and bring him bel. .re you, and point j'ou to tlie hacks and scars upon his per.son. [A voice, " God bless him !"] I would exhibit the bloody garments, saturated with gori from liis gushing wounds. Then I would ask you, Why not hang Thad. Stevens and Wendell Phillips? I tell you, my countrynun, I have been fi;ihtiDg the Soutli, and they have been whipped and cruslied, and they acknowledge their defeat and accept the terms of the Coi^stitution ; 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 doit. [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 States out of t!iirty-six. [Cheers.] I came here to-night with the flag of my country and the 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 United States. [Cheers.] I will tell you one other thing, i understand the discordant notes in this crowd to-night. He who is opposed to th^ 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 tliem !"] 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 tlie Union, were in the field and led on their gallant hosts to conquest and to victory, while you remained cowardly at home. [Ap- plause, "Bull}''!"] Now, when these brave men have returned home, 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 commitling frauds on tho Government. [Laughter and cheers.] You pretend now to have grf^at respect and sj^mpathy for the poor brave fellow who has left an arm on the battle field. [Cr'^js, " Is tliis 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 with 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 blood. 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 understandwhat your designs are. What did General Butler say? [Hisses.] WhatdidiGeneralGrantsay? [Cheers. j 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 says that he is for the restoration of the Government that Sheridan fought for. ["Bully!" and re- newed cries of "New Orleans," and confusion.] I care not for dignity. Tiiere is a portion of your countrymen who will always respect their fel- low-citizens when they are entitled tO' respect, and there is a portion of them who have no '«- 136 POLITICAL MANUAL. Rfoct for themeelves, and consequently have no rewpect for others. [A voice, " Traitor!"] I wish I could see that man. I would bet j^ou now, that it the light fell on your face, cowardice and tSiflachery would be seen in it. Show yourself. Oonie out here where I can see you. [Sliouts of laughter.] If you ever shoot a man you will do it in the dark, and pull the trigger when no one is by toseeyou. [Cheers.] I understand traitors. I have been fighting thern 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- sistance. 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 tliirst 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 is the man that can put his finger upon any one act of mine that goes to prove the contrary ? And what is my oftending ? [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 the 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. Tliis provides for the appointment of agents and sub-agents in all States, counties, and school districts, who have power to make contracts for the freedraen, 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 e^fpense 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 Tliad. Stevens and his gang were by, they could not turn me from my purpose. There is no power that could turn me except j-ou 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 tlian himself? But Congress, factious and domineer- ing, had taken to poison the minds of the Amer- ican people. It was with ihem a question of power. Those who held an ofiice — as assessor, collector, postmaster — wanted to retain their places. Rotation in oflice used to be thought a good doctrine by Washington, Jefferson, and Adams; and Andrew Jackson, God bless him! thought so. [Applause.] This gang of office- holden, these blood-suckers and cormorants, had got fat on the country. You have got them over j'our district. Hence you see a system of legislation proposed so that these men shall not be turned out; and the President, the only chan- nel through which they can be reached, is called a tvrant. He thought the time had come when those who had enjoyed fat offices for four years should give way i'or 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. He had turned aside from the thread of his remarks to notice the insult sought to be given him. When an insult was ofi'ered 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 over 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. Whilereferring to the question of sulTrage some one in the crowd asked him " How about Louis- 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. Ijouis, September 8. Fellow-Citizens : 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 the 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."] Tliank you, sir! 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 tiiis time — ques- tions that have grown out of the fiery ordeal that we have passed through, and which 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 rebollioa being suppressed, and the shedding of blood being stopped, the sacrifice of life being suspended and staj'ed, it seems that the time has arrived wliea you should be at peace, when the bleeding ar- PRESIDENT JOHNSON S SPEECHES. 137 tories should be lied up. [A voice, " Nev; Or- leans."] Go on ; perhaps if you had a word or two on the suuject of New Orleans you might understand more about it than you do. [Laugh- ter.] And if you will go back — if you will go back and ascertain the cause of the riot at New Orleans, perhaps you would not be so prompt in calling out " New Orleans." If you will take up the riot at New Orleans, and trace it back to its source or its immediate cause, you will find out who was responsible for the blood that was shed there. If you will take up the riot at New Orleans and trace it back to the radical Con- gress, [cheers and cries of " Bully !"] you will find that the riot at New Orleans was substan- tialh' 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 be called, which was extinct by its power having expired ; that it was said that the inten- tion was that a new government was to be or- ganized, 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 time dislVunchise white men. When you design to talk about New Orleans [confusion] you ought to understand what you are talking about. When you read the speeches that were made, and take up the facts on the Friday and Saturday before that Convention sat, you will there find that Bpeeches were there made incendiary in their character, exciting that portion of the popula- tion, the black population, to arm themselves and prepare for tlie shedding of blood. [A voice, " That's so," and cheers.] You will also find that that Convention did assemble in violation of law, and the intention of that Convention was to su- persede the reorganized authorities in the State government of Louisiana, which had been recog- nized by the Government of the United States ; 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 Governmentof the United States, I say that he was a traitor to the Consti- tution of the United States, [cheers ;] and hence you find that another rebellion was commenced, having its origin in the radical Congress. These men 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. You 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 be recognized, a new government, inaug- urated under this defunct Convention, set up in violation of law and without the will of the people. Then when they had established their government and extended universal and impar- tial franchise, as they called it, to the colored population, then this radical Congress was to de- termine that a government established on negro votes was to be the government of Louisiana. [Voices, " Never !" Cheers and cries of " Hun ah for Andy !"'J 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 responsi- ble for it. I could test this thing a little closer, but will not do it here to-night. Lut w hen you talk about the causes and consequences that re- sulted from proceedings of that kind, perhaps a3 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 aa elsewhere — that I have attempted to exercise an arbitrary power in resisting laws that were intendedf to be forced upon the Government, [cheers;] that I had exercised that pownr, [cries, " Bully for you ! "] 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 ail that. Now, my countrymen here to-night, it is very easy to indulge in epithets ; it is easy to call a man Judas, and cry out traitor ; but when he is called upon to give arguments and facts he is very often found v/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 my Christ that 1 have played the Judas with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles Sumner? [Hisses and cheers.] These are the men that stop and compare themselves with the Saviour; and everybody that differs with them in opinion, and to try to stay and arrest their diabolical and nefarious policy, is to be denounced as a Judas. [" 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 brought 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 to-night. But a short time since I heard some one say in the crowd that we had a Moses. [Laughter.'] Yes, there is a Closes ; 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 ; hut, wliilo I have striven to emancipate the colored man, I have felt and now feel that we have a great many white men that v/ant emancipation. There POLITICAL MANUAL. 1? a s(!t amongst you that have got shack)-!s on i.L'Av limhs, and are as much under the hec-1 and control of their masters as the colored Sain that was emancipated. I call upon you here to-night, as 'reemen, as men, to favor tlie emancipation of the white men as well as the colored ones. I nave been m favor of emancipation. I 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 the colored mpin being led into *.he promised laud, where is the land that this clan proposes to lead them into ? When we ♦,alk about taking (hern out from among tiie white po[>ulation aad sending them to other climes, what is it they propose ? Why, it is to give us a Freedmen's Bureau. And after giving ■fls 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 it operates. We know how the slaves have been ■worked heretofore. Their original owners bought the land and raised the negroes, or purchased them, as the case might be, paid all the expense of carrying on the farm ; and after producing to- bacco, cotton, hemp, tlax, 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 iheir con'htiou before the emancipation ; tiiis was their condition before we talked about their Moses. [Laughter.] i ask your attention. Come, \s we have got to talking on this subject give cie 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 jirejudice, that has been incrusted upon the public miud, must give way and i-eason become triumpl;ant Now, my couutrymon, 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 Bouthern Stater; ; they gave us commissioners ; they gave us $12,000,000, and placed the power in the hands of the I'lxecutive, 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 tlie United States from their original owners to a new sew set of tasksmasters. fA voice, " Never !" and clicers.] I have been aboring foryears to emancipate them; and then I was opposed to seeing them transferred to a new set of taskmasters, to be worked with more Mgor than they had been worked heretofore. [Cheers.] Yes, under this new system they would work the slaves, and call on the Govern- ment to bear all the expenses, and if there were any profits left why they would pocket them. [Laughter and cheers.] Thus, you, the people, must |);ty the expense of running the machine out of your owu pockets while they get the pro- fits of it. I simplj' intended to-niglit to tender you my sincere thanks ; but as I go along, as v/e are talk- ing about this Congress, and these res[)ectable gentlemen who contend that the President is wrong because he vetoed the Freedmen's Bureaa bill, and all this ; because he chose to exercise the veto power, he committed a high offence, and • therefore ouglit to be impeached. [Voice, " Never."] Yes, yes;, they are ready to impeach 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 execu- tive department of the United States. [A voice, "Too had, they don't imjieach 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 peo[ile, exercising the veto power in their behalf. Because i.e dared to do this tliey can clamor and talk about impeach- ment; and by way of stimulating this increasing confidence with the soldiers throughout the country, they talk about inifieachmeiits. So far as offenses are concerned, upon this subject of offenses let me ask you [voice, " Plenty here to- night"] to go back into my history of legisla- tion, and even when Governor of a Slate. Let me ask if there is a man here to-night who in the dark days of Know-Nothingism 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 Mows direct, and fought with right and the Constitution on my side. [Cheers.] Yes, I will come back to the soldiers again in a momien't. Yes; here was a neutrality law. I was sworn, in support of the ConstitutioQ, to see that t!ie law was faitlifully 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, "Thaf^sso!] They knew that whenever a law was presented to me, proper in its provisions, amelioratiiag 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 tiie heel of the session they found they must do something; and hence, what did they do? They pretended to do something for the soldiers. Who has done more for the soldiers than I have? Who has perilled more in tiiis struggle than I have? [Cheers.] But then,, to make them their peculiar friends and favorites, of the soldier, they PRESIDENT Johnson's speeches 139 come forward with a proposition to do what? Wliy we will give the soldier $50 bounty — your attention to this — if he has served two Sears, and -$100 if he has served tliree 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 voted 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 hun, 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 wliat has trans- pired. [A voice, " Stick to that question."] Fellow-citizens, you are all familiar with tlie work of restoration. You know that since the ri'licllion collapsed, since the armies were sup- jM-essed in the field, that everything thp.t could be done has been done by the executive depart- ment of the Government for the restoration of T.lie Government; everything has been done with Uie exception of one thing, and that is the ad- mission of members from eleven Stales that went into tlie 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- ;epting 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 sull'rago in the Senate. (A voice, " They have never been out."] It is Fciid before me thej' have never been out. I say f^o too. Tiiat 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 witli- out violating the Constitution, [cheers;] and the same argument applies to the House of Rep- resentatives. ITov/, then, does the matter stand ? It used to be one of the arguments, that if the States withdraw their Representatives and Senators, tiiat was secession — a peaceable breaking up of tlie Government. Now the radical power in this Government turn round and assume that the 'itates are out of the Union, that they are not entitled to representation in Congress. [Cheers.] '.'hat 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 iiniiose taxation upon them, a principle upon which, in the Revolution, 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 tlie Government be restored ; let peace be restored among this people. I have labored for it ; I am for it now. 1 deny this doctrine of secession, come from what quarter it may, whether from the North or from the 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 j^our fathers made 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 ! "] 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 sin, and having sinned, I believe he must repent, and, some- times, having repented makes him a better man than he was before. [Cheers.] I know it has been said that I have exercised my pardoning power. Yes, I have. [Cheers, and " What about Drake's constituli-on ?"] 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 struggle, with the arms we captured with them, and who were then in prison. I turned them loo.'e. [Voice, '•Bully for you!" and laughter.] Large num- bers have applied for pardon, and I have granted them pardon ; j'et there are some who condemn, 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 others being traitorous and being treacherous. There are 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 recommend iianging and torture, and all that. If I have erred, I liave erred on the side of mercy. Some of these croakers have dared to assume 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 eondeinned and sentenced under the law ; but when they repented and be- lieved. He said Let them live. Instead of exe- cuting and putting the whole world Ic death. He went upon the cross, and there was nailed by 140 POLITICAL MANUAL. unbelievers, there shed his blood that you might live. [Cheers.] Tliink of it; to execute and hang and put to death eight millions of people. Never! It is an absurdity. Such a thing is im- practi-oable, 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 Cuief Justice of the United States, in whose district he is — why don't he try him ? [Loud cheers.] But perhaps I could answer tlie ques- tion, as sometimes persons want to be facetious and indulge in repartee. I might ask you a question, VVhy 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 — talking parrots that have been placed in their mouths by their supe- riors — who have 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 ti Louisiana and institute another, who con- tended 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 atlairs 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 *hey clamor. They have stayed at home here five 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 ; and hence they come forward and pro- pose, in Congress, to do what? To pass laws to prevent the Executive from turning anybody out. [Voice, " Put 'em out.] Hence, don't you lee v/hat the policy was to be? I believe in the 5ood old doctrine — advocated by Washington, efferson, 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 tiie [people have a chance. [Cheers.] How are these men to be got out — [Voice, " Kick 'em out I" Cheers and laughter.] >— unlesi your Executive can put them out, unless you cpn teach tliem through the President? Congress says he shall not turn them out, and they are trying to pass laws to prevent it being done. Weil, let me say to you, if you will Btanu b}^ 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 iuteuded to say. I was 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 over- awed by my friends. But, God willing, with your help, 1 will veto their measures whenever any of them come 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 sound the alarm, so help me God, I will do it, and call on the people to be 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." Just let me ask you here to-night to cling to the Constitution, in this great struggle for freedom and for its preservation, as the sliipwrecked 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 iu that direction. Wh}^ 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 now, in conclusion, my countrymen, hand over to you the flag of j'our countrj' 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 jieople, 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 ever, that the altar and all shall sink in the dust, but that the Constitu- tion of the Union shall bo preserved. Let us stand by the Union of these States ; let us fight the enemies of the Government, come from what quarter they may. My stand has been taken. You understand what my rosi'ioa is. And parting with you now, I leave theGov- ernment in your hands, with the confidence I PRESIDENT JOHNSON S SPEECHES. 141 have always had, that the people will ultimately redref-s all wrongs and set the Government right. Then, gentlemen, in conclusion, for the cordial welcome you have shown me in this great city of the South, whose destiny nou? can foretell, now, in bidding you good night, I leave all in your charge and thank you for the cordial wel- come you liave 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, [continued the President,] what is the main issue lo ;ming up in the immediate future? Whati.^sue ii clearly foreshadowed to be the Aaron's rod ■which must swallow up all minor questions? It is the great fin.ancial issue, the issue of the na- tional debt; whether it shall be paid or repudi- ated. This issue has 6bres extending into the pockets of every citizen; for wherever a man has a doUar, or can earn a dollar, the Government is now compelled to go for its portion of his substance; 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, and 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 successfully thundered during the twelve j'ears 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, courage, and iiospitality 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 Mason and Dixon's line has disappeared ; but an aristocracy, based 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 based on negro f)roperty disappears at the southern end of the ine, 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 that of all aristocracies, that of mere wealth is the most odious, rapacious, and tyrannical? It foes for the last dollar the poor and lielpless 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 political or military relations with them, such as the old feudal system created between liege lord and vassal ; it has no" intimate social and domestic ties, and no such strong bond of self- interest with the people as exi.sied 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 d/jbt— a thing which is not producing anything, but which goes on steadily every year, and must go on for all time until the debt is paid, absorbing ami taxing at the rate of six or seven percent, 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 eivil 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, costing more per capito 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 disbursem.ents ! 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 ean 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 MANUAL. overwhelmed, by the ^-rcpondernting influence ■which they liavo aoquireJ I'roin the natural force of capital and the agency of our national banks. Au'l what has been the course of that Con- gress which hasjust ended, and which this blind aristocracy of national ieht sustained 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 prej- 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 Srivate industry and the progress of our national evelopment. Look also pt *he 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 prosperity under the sway of revolutionary and radical ideas ; 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 tight ; and every blow struck against my efforts to uphold a strict construction of the laws and the Constitution 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 fringe on the broad mantle of our country, if you will examine the map — these are in favor of high 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 producing 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 liave an exceptional country, and present an excep- tional case. 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 be commenced. If that debt is ever to he 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 bountiea. The Congress, forsooth, is so patriotic, so loyal, that it "can refuse out gal- lant soldiers nothing." But you must have seen how promptly it rejected the names of nearly every gallant veteran sent in by me for confirm- ation to any civil office, a majoriiy of our ex- tremely " loyal Senators " using their guillo- tine without remorse in nearly every instance. And whither is all this drifting ? To intelli- gent men there can be but one answer. Weave drifting towards repudiation, and the moneyed aristocracv 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 need internal harmony ; and above all, we need a return 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? Wiio 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 wedesiro 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 part}- 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 are 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 aro steps in everytliing, 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 aspliyxiating dream that our " 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 lepudiation, and not its general effect as a high- handed measure of concp-essional usurpation, striking out of existence 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 increasinj;ly oecomc, .o favor re[)adi;ition as a j'olii'V. To secure the public creditor, our etforts should be, if that were possible, to restrict rather than to extend the 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 is paid shall have become out of all proportion few, compared with those who have an interest in its repudiation, the votes of the 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 during the recent war under showers of bullets. At least, this is possible. That we are to have a great financial crash this year 1 hold to be inevitable, though depre- cating It, and having used every etfort for its avoidance. To say that it can be staved off by any legislation, if the violated laws of trade and public economv 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 enactmeni. Perhaps, 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 daily, he may get along in high good humor, just as we have been prospering on an irredeem- able paper currency and fresh issues of public securities. 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 tiie man will come a severe fit of sickness, teaching him that the laws of temperance can only be violated undf^r f'^artal 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 iri a sy,':tem of rigidly exacted obedience to all constuulional restraints, and a thorough system of economy in all branches of the public service. For the slights and indignities, the uncoa- stitutional curtailments and dishonors whieh the recent Congress has attempted to cast upon me for my unllinching 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 with perfect confidence for my vindication to the justice of that future which I am convinced can- not long be delayed. Unless all the senses are deceptive, unless all truth be a lie, unless -God has ceased to live, I tell you that the folly 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 inteijectional remarks of the person to whom he was speak- ing ; but nothing has been here set down to which the full assent of Mr. Johnson was not given, always provided, of course, that his lis- tener understood turn, and remembers correctly. PRESIDENT JOHNSON'S MESSAGES. The Annual Message, December 4, 18S3. The following portions relate to reconstruc- tion, and kindred subjects : Fellow-citizens of the Senate and House of Repre- sentatives: After 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- out the whole of the United States. In all of the States civil authority has superseded the coercion of arms, and the people, by their voluntary action, are maintaining their governments in full arlivitr and c'lrnplote operation. Tlie enforceincni of iha laws is no longer "obstructe'l in any State by com- binations too powerful to be suppre.^sed 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 commercial intercourse. An entire restoration of fraternal feeling must be the earnest wish of every patriotic heart; and we will have accomplished our grandest national achievement when, forgetting the sad events of the past, and remembering only their instructive lessons, we resume our onward career as a free, prosperous, and united people. 144 POLITICAL MANUAL. Ill my message of the 4th of December, 18G5, Coni,'rc'ss was informed of the measures which had heeii instituted liy the Executive with a view to tlie gradual restoration of the States in whicli the insurrection occurred to tliuir rela tians with the General Government. Provisional Governors had been appointed, conventions called, Governorselected, Legislatures assembled, and Senators and Representatives chosen to the Congress of the United States. Courts liad been opened for tlie enforcement of laws long in abey- ance. Tlie 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 boing made to restore them to their former condition of efficiency. The States themselves had been asked to take part in the high function o f 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 autliority. 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 Ue[)r.esentatives from the i^tates whose people had rebelled against the lawful authority of the General Government. This question devolved upon the respective Hou.ses, which, by the Constitution, are made the judges of the elections, returns, and qualifications of their own members; a«d 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 tlie respective States, the States, and the Federal Government, extending, from time to time, as tlie public inter- ests s(-emed to require, the judicial, revenue, and postal systems of the country. With the advice and consent of the Senate, the necessary officers were appointed, and appropriations made by Cor-rress lor the payment of their salaries. The pr0|)osition 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 18th day of December, 18G5, it was officially declared to have become valid as a jiart of the Constitution of the United States. All of the States in whivliole number — remain without representation f The seats of fifty mem- bers in the Ilouse of Repr*«^ntati ves and ot twenty members in the Senate ato yet vacant — not by tnoir own consent, not by a failure of election, but by the refusal of Congre.'^s \\) accept th. ir creden- tials. Their admission, it i;'. Relieved, would have accomplished much towar:)n the renewal and strengthening of our relatioiio as one people, and removed serious cause for di.-rontent on the part of the inhabitantK of those Staves. It would have accorded with the great prinat.l'J enunciated in the Declaration of American i ".dependence, that no people ought to bear the burien of taxation and }-et be denied the right oi representation. It would have been in ronsonanro with the ex- press provisions of the Constitutiou, that "each State shall have at least one Reprepoidative," and "that no State, without its consenv;, rhall be de- prived of its equal suffrage in theSe'.atc." These provisions were intended to secure to every State, and to the people of every State, tiio light of representation in each House of Congrew ; and so important was it deemed by the fr&.mers of the Constitution that the equality of the States in the Senate should be preserved, that not even by an amendment of the Constitution ean an}"- State, without its consent, be denied a voil^e 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 liaving 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 verj"- commencement of the rebellion each House declared, 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 ]iurpose 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 tlie Union with all the dignity, equality, and rights of the several States unimpaired ; and that as soon as the?e objects" were " accomplished the war ought to cease." In some instances Senators were per- mitted to continue their legislative functions, while in other instances Representatives were j 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, as States, were included in the apportionment o? PRESIDENT JOHNSON S MESSAGES. 145 tlie direct tax of $20,000,000 annually, laid upon tlie United States by ilie act approved 5th August, 1861. Congress, by the act of March 4, 1862, and by the apportionment of represen tation thereunder, also recognized their presence as States in the Union; and they have, for judi- cial purposes, been divided into districts, as States alone can i>e divided. The same recognition ap[iears in the recent legislation in reference to Tennessee, which evidently rests upon the fact that the functions of the Stale were not destroyed by the rebellion, but merely suspended ; and that principle is of course applicable to those States which, like Tennessee, attempted to renounce their })lace in the Union. The action of the executive department of the Government upon this subject has been equally definite and uniform, and tiie purpose of the war was specifically stated in the ynoclamation issued by my predecessor on the 22d day of September, 18G2. 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 between the Uni- ted States and each of the States and the people thereof, in which States that relation is or may be susjiended or disturbed " Tije recognition of the States by the judicial department of the Government has also been clear and conclusive in all proceedings affecting them as States, had in the Supreme, Circuit, and District Courts. In the admission of Senators and Representa- tives from any and all of the States, there can be no just ground of apprehension that persons who are dislo3'al will be clotiied witli 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 once be admitted or rejected ; or, should there be any question as to his eligibility, his creden- tials may be referred for investigation to the {ippro].>riate committee. If admitted to a seat, it must be upon evidence satisfactory to the House of which he thus becomes a member, that he possesses the requisite constiaitional 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 United 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 the Government and fidelity to the Union. Upon this question, so vitally affecting the restoration of the Union and the permanency of our pres- ent form of government, my convictions, here- tofore expressed, have undergone no cliange; but, on the contrary, their coirectness has been confirmed by reflection and time. If the admis- Bion of loyal members to seats -in the respective Houses of Congress was wise and expedient a fear ago, it is no less wise and expedient now. f this anomalous condition is right now — if, in the exact condition ot these States at the present 10 time, it is lawful to exclude them from represen- tation, I do not see that the (juestion will be changed by the efflux of time. Ten years hence, if these States remain as they are. tlie right ol representation will be no stronger, the right of exclusion will be no weaker. The Constitution of the United States makes it the duty of the President to recommend to the consideration of Congress "such measures as he shall judge necessary or expedient." I know of no measure more imperatively demanded by every consideration of national interest, sound policy, and equal justice, than the admission ot loyal members from the now uniepresented States. This would consummate the work of restoration, and exert a most salutary influence in the re-establishment of peace, harmony, and fraternal feeling. It would tend greatly to renew the confidence of the American people in the vigor and stability of 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 Government founded upon the will of 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 C'orgress, by allaying doubt and a|>piehensioa, would turn capital, now awaiting an o[iportunity for investment, into the channels of trade and industry. It would alleviate the present troubled condition of tiiose States, and, by inducing emi- gration, aid in the settlement 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. Nev/ fields of enterprise would be opened to our progressive people, anci soon the devastations of war would be repaired, and all traces of our domestic diiferences effaced from the minds of our countrymen. In our efforts to preserve " the unity of gov- ernment," which consiitutes us one people, by restoring the States to the condition which tliey held prior to the rebellion, we should be cau- tious, 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 powers of doubtful con- stitutionality, we should hasten to bring legisla- tion within the boundaries prescribed by the Constitution, and to return 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'.i people, is sacredly obligatory upon all." " If, in the opin- ion of the peo])le, the distribution or raodificatiou of the constitutional 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 countrymen when, followed by 146 POLITICAL MANUAL. (heir Icve 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 Jetierson as rules of action to endear to iiis "countr3Tnen the true principles of their Constitution, and promote a union of sentiment and action equally auspicious to their happiness and safety." Jack- son lield that the action of the General Govern- ment should always be strictly conGned to tlie sphere of its appropriate duties, and justly and forjiblv 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 j)Ossible 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 closel}- to the centre, but leaving each to move unob- structed in its proper constitutional orbit." These are the teachings of men whose deeds and Bervices 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 as 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 commerce of the country. Ilis views tipon tiie currenc}', and with reference to a proper ad- justment of our revenue system, internal as well as imjiost, 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 $011,902,537, and on the 31st of Octo- l)er, 1865, it amounted to $2,740,851,750. On the 31st 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, 1806, 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 les.s than the e'*imates. Nothing could more clearly indicate than these statements the extent and availability of the national resources, and the rapidity and safety with which, under our form of government, great militarj^ and naval estab- lishments can be disbanded, and expenses re- duced from a war to a peace footing. During the fiscal vear ending tlie 30th of June, 18C6, the receipts were $558,032,620, and the expenditures $520,750,910, leaving an available surplus of $37,281,080. It is estimated tliat the receipts for the fiscal year ending the 30th June 1867, will be $475,061,386 and that the expen- 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. The.se estimated receipts may be diminished by a reduction of excise and imf>ort duties ; but after all necessary reductions shall have been made, the revenue of the present and of following yearns will doubt- less be sufiicient to cover all legitimate charges ufion the Treasury, and lesvea large annual sur- plus to be applied to the payment of t!.j princi- pal of the debt. There seems now to bo no good reason why taxes may not be reduced as th« 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 withdrav.-iii lr*yii Mexico of the French expeditionaiy niiii!;i»r forces. This withdrawal was to be effecte'j ti> three detachments, the first of whicii, it was un- derstood, would leave Mexico in November, ikjt* past, the second in March next, and the third and last in November, 1867. Immediately ujiou the completion of the evacuation, the Froocii Government was to assume the same attitude of non-intervention, in regard to Mexico, as is lield by the Government of the United States. Re- peated assurances have been given by the Em- peror, since that agreement, that he would com- [dete the promised evacuation within the jieriod mentioned, or sooner. It was reasonaldy expected that the proceed- ings thus contemplated would produce a rrisi,"* of great political interest in the llepublio of Mexico. The newly appointed Minister of thf United States, Mr. Campbell, was tlierefore sonjt forward, on the 9th day of November la.st, to assume his proper functions as Minister Plenipo- tentiary of the United Sta.tes to that Repul)lic. It was also thought expedient that he shoaM be attended in the vicinity of Mexico liy the Lieu- tenant General of the Army of the United State?, with the view of obtaining such information as might be important to determine the cour.«e to be pursued by the United States in re-establish- ing and maintaining necessary and proper inter- course with the Republic of Mexico. Deeply interested in the cause of liberty and humanity, il. seemed an obvious duty on our [lavt to exer- cise whatever influence we possessed for t?io res- toration and permanent establishment in that country 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 Paiis that th*) Emperor of France had some time beforedecidi d not to withdraw a detaciiment of bis forces in the month of November past, according 1o engage- ment, but that this decision was made with tho purpose of withdrawing the whole of those fwre« iu tlio ensuing spring. Of this determination, however, the United States had not received any PRESIDENT JOHNSON S MESSAGES. 147 notice or intimation ; and, so soon as tlie infor- mation was received by tlie Government, care wa^i taken to make known its dissent to the Emperor of France. 1 cannot forego the hope that France will re- consider the suliject, and adopt some resolution in regard to the evacuation of Mexico which will conform as nearly as practicable with the exist- ing engagement, and thus meet the just expecta- tions of the United States. The papers relating to the subject will be laid before j'ou. It is be- lieved that, with the evacuation of Mexico by the expeditionary forces, no subject for serious differences between France and the United States would remain. The expressions of the Emperor and peo[ile of France warrant a hope that the traditionary friendship between the two countries might, in that case, be renewed and permanently restored. A claim of a citizen of the United States for indemnity for spoliations committed on the high seas by the French authorities, in the exercise of a belligerent power against Mexico, has been met by the Government of France with a propo- sition to defer settlement until a mutual conven- tion for the adjustment of all claims of citizens and subjects of both countries, arising out of the recent wars on this Continent, shall be agreed upon by the two countries. The suggestion is not deemed unreasonable, but it belongs to Con- gress to direct the manner in wiiicli claims for indemnity by foreigners, as well as by citizens of the United States, arising out of the late civil war, shall be adjudicated and dettrmined. I liave no doubt that the subject of all such claims will engage your attention at a convenient and [Toper time. * * * * * In the performance of a duty imposed upon me by the Constitution, I have thus submitted to the representatives of the States and of the people such information of our domestic and foreign affairs as the public interests seem to re- quire. Our Government is now undergoing its most trying ordeal, and my earnest prayer is that the peril may be successfully and finally passed, without impairing its original strength and sj-m- metry. Tlie interests of the nation are best to be promoted by the revival of fraternal relations, the complete obliteration of our past differences, and the reinaugnration of all the pursuits of peace. Directing our efforts to the early accom- plishment 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 cordidUy 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. Andrew JoriNSON. Washington, December 3, 18G6. Veto of the Second Freedmen's Bureau Bill, July 16, 186G.* To the House of Representatives . A careful examination of the bil' passed by the two Houses of Congress, entitled .Vn act to con- tinue in force and to amend 'An act to establish a Bureau for the relief of Freedmo.n and Refugees,' ♦For yeto of freedmen's bill of February 29, 1866, Bee pagea 6S-T4 of f oUtiuU Manual lor 1866. and for other purposes," has convince'''ni,s of this bureau ; but no officer so assigned shall have increase of pay or allowan'-ns. Each agent or clerk, not heretofore authorized by law, not be- ing a military officer, shall have an annual salary of not less than ^"lOO, nor more than .^1,200, ac- cording to the set vice required of hiiu. And it shall be the duty of tho Commissioner, when it can be done consistently witii puldic interest, vT appoint, as assistant commissioners, agents, and clerks, such men as have proved their loy;'-lty by faithful service in the armies of the Union during the rebellion. And all persons a[)poiiited toser- vice under this act and the act to which tliis is an amendment, shall be so far deemed in the military service of the United States as to be un- der the militarj'- jurisdiction and entitled to the military [.rotection of the Government wiiile in discharge of the duties of their office. Sec. 4. That officers of the Veteran Reserve Corps or of the volunteer service, r\<)\v on duty in the Freedmen's Bureau as assistant coiumis- sioners, agents, medical officers, or in other ca- pacities, whose regiments or corps have been or may hei'eafter be mustered out of service, mav be retained upon such duty as officers of said bu- reau, with the same compensation as is now pro- vided by law for their respective gratles ; and the Secretary of War shall have power to hi! vacancies until otiier officers can be detailed in their places without detriment to the public service. Sec. 5. That the second section of the act to which tliis is an amendment shall be deemed to authorize the Secretary of War to issue such medical stores or other supplies and transporta- tion, and afford such medical or other aid as may be needful for the purposes named in said section: Provided, That no person shall be deemed "destitute," "suffering," or "dependent upon the Government for support," within the mean- ing of this act, who is able to find employment, and could, by proper industry or exertion, avoid such destitution, suflering, or dependence. Sec. 6 Whereas, by the provisions of an act approved February sixth, eighteen hundred and sixty-three, entitled " An act to amend an act entitled 'An act for the collection of direct taxes in insurrectionary districts within the United States, and for other purposes,' approved Jane seventh, eigliteen hundred and sixty-two," cer- tain lands in the parishes of St. Helena and St. Luke, South Carolina, were bid in by tlie United States at public tax sales, and by tlie limitation of said act the time of redemption of said lands has expired; and whereas, in accordance with instructions issued by President Lincoln on the sixteenth day of September, eighteen luiudred and sixty-three, to the United States direct tax commissioners for South Carolina, certain lands bid in by the United States in the parish of St. Helena, in said State, were in part sold by the said tax commissioners to " heads of families of the African race," in parcels of not more than twenty acres to each purchaser; and whereas, under the said instructions, the said tax commis- sioners did also set ayiart as "school farms" cer- tain parcels of land in said parish, numbered on their plats from one to thirty-three, inclusive, 15} POLITICAL MANUAL. making an aggregate of six thousand acres, more ] or less: Therefore, be it further enacted, Thai the sales made to " heads of families of the Afri- can race," under the instructions of President Lincoln to the United States direct tax commis- Bioners for South Carolina, of date of SejUember sixteentli, eighteen hundred and sixty-three, are hereby confirmed and establislied ; and all leases which have been made to such " heads of families" by said direct tax commissioners, shall be changed into certificates of sale in all cases wherein the lease provides for such substitution ; and all the lands now remaining unsold, which come within the same designation, being eight thousand acres, more or less, shall be disposed of accord- ing to said instructions. Sec. 7. That all other lands bid in by the Uni- ted States at tax sales, being thiriy-eight thou- sand acres, more or less, and now in the hands of the said tnx commissioners as tlie propert}" of the United States, in the parishes of St. Helena and St. Luke, excepting the "school farms," as .-pecilied in the preceding section, and so mucli as may be necessary for military and naval pur|)oses at Hilton Head, Bay Point, and Land's End, and excepting also the city of Port Royal, on St. Helena island, and the town of Beaufort, shall be disposed of in parcels of twenty acres, at one dollar and fifty cents per acre, to each persons, and to such only, as have acquired and are now occupying lands under and agreea- bly to the provisions of General Sherman's spe- cial field order, dated at Savannah, Georgia, January sixteen, eighteen hundred and sixty- five, and the remaining lands, if any, shall be disposed of in like manner to such persons as had acquired lands agreeably to the said order of General Sherman but who have been dispossessed by the restoration of the same to for- mer owners : Provided, That the lands soM in compliance with the provisions of this and the preceding section shall not be \lienated by their purchasers within six years from and after the passage of tliis act. Seo. 8. That the "school farms " in the par- isli of St. Helena, South Carolina, shall be sold, subject to any leases of the same, by the said tax commissioners, at public auction, on or before the first day of January, eighteen hundred and sixty-seven, at not less than ten dollars per acre; and tlie lots in the city of Port Royal, as laid down by the said tax com- missioners, and the lots and houses in the town of Beaufort, wliicli are still held in like manner, shall be sold at public auction ; and the proceeds of said sales, after paying expenses of the sur- veys and saie3,shaU l)o invested in United States bonds, the interest of which shall bo appropri- ated, under the direction of the Commissioner, to the support of schools, without distinction of color or race, on the islands in the parishes of St. Helena and St. Luke. Sec 9. That the assistant commissioners for South Carolina and Georgia are iiereby author- ized to examine all claims to lands in their re- spective States whicli are claimed under the pro- visions of General Slierman's special field order, and to give eacli person having a valid claim a warrant ujion the direct tax commissioners for South Carolina for twenty acres of land ; and the said direct tax commissioners shall issue to every person, or to his or her heirs, but in no case to any assigns, presenting such warrant, a lease of twenty acres of land, as provided for in section seven, for tlie term of pIx years ; but at any timo thereafter, upon the jiayment of a sura not ex- ceeding one dollar and lilty cents per acre, tho person holding such lease shall be entitled to a certificate of sale of said tract of twenty acres from the direct tax commissioner or such officer as may be authorized to issue the same; but no warrant shall be held valid longer than two years after the issue of tlie same. Sec. 10. That the direct tax commissioners for South Carolina are hereby authorized and re- quired, at the earliest day practicable, to survey the lands designated in section seven into lots of twenty acres each, with proper metes and bounds distinctly marked, so that the several tracts shall be convenient in form, and as near as practica- ble have an average of fertility and woodland ; and the expense of such surveys shall be paid from the proceeds of sales of said lands, or, if sooner required, out of any moneys received for other lands on these islands, sold by the United States for taxes, and now in the hands of the direct tax commissioners. Sec. 11. That restora; ion of lands occupied by freedmen under General Shei'man's field order dated at Savannah, Georgia, January sixteenth, eighteen hundred and sixty-five, sliall not be made until after the crops of the present year shall have been gathered by the occupants of said lands, nor until a fair compensation shall have been made to them by the former owners of such lands, or their legal representatives, for all improvements or betterments erected or con- structed thereon, and after due notice of the same being done shall have been given by the assist- ant commissioner. Sec. 12. That the Commissioner shall have power to seize, iiold, use, lease, or sell all build- ings, and tenements, and any lands appertaining to the same, or otherwise, formerly held under color of title by the late so-called Confeder.ate States, and not heretofore disposed of by the United States, and any buildings or lands held in trust for the same by any person or persons, and to use the same or appropriate the proceeds derived therefrom to the education of the freed [iooplo ; and wiienever tiie bureau shall cease to exist, such of said so-called Confederate States as shall have made provision for the education of their citizens without distinction of color shall receive the sum remaining unexpended of such sales or rentals, which shall be distributed among said States for educational purposes in proportion to their population. Sec. 13. That the Commissioner of this bureau shall at all times co-operate with private benevo- lent associations of citizens in aid of freedmen, and with agents and teachers, duly accredited and appointed by them, and shall hire or pro- vide by lease, building* for purposes of educa- tion whenever such associations shall, without cost to tlie Governmen,;, provide suitable teach ers and means of instruction ; aud he siiall fur- nish such protection as may be required for the safe conduct of such schools. Seo. 14. That in every State or district where PRESIDENT JOHNSON S MESSAGES. 151 the ordinary course of judicial iiroceedings has been interrupted by the rebellion, and until the same shall be fully restored, and in every State or district whose constitutional relations to the Government have been practically discontinued by the rebellion, and until such State chall have been restored in such relations, and shall bo duly represented in the Congress of the United States, the right to make aud enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and tersonal property, and to have lull and equal enefit of all laws and proceedings concerning personal liberty, personal security, and the ac- quisition, enjoyment, and disposition of estate, real and personal, including the constitutional right to bear arms, shall be secured to and en- joyed b}' all the citizens of such State or district without respect to race or color, or previous con- dition of slavery. And whenever in either of ^aid States or districts the ordinary course of judicial proceedings has been interrupted by the rebellion, and until the same shall be fully re- stored, and until sucn State shall have been re- stored in its constitutional relations to the Gov- ernment, and shall be duly represented in the Congress of the United States, the President shall, through the Commissioner and the officers of the bureau, and under such rules and regula- tions as tlie President, through the Secretary of War, shall prescribe, extend military protection and have military jurisdiction over all cases and questions concerning the free enjoj'ment Qi sucli immunities and rights ; and no penalty or pun- isliment for any violation of law shall be im- posed or permitted because of race or color, or previous condition of slavery, other or greater than the penalty or punishment to which white persons may be liable by law for the like offense. But the jurisdiction conferred by this section upon the officers of the bureau shall not exist in any State where the ordinary course of judicial proceedings has not been interrupted by the re- bellion, and shall cease in every State when the courts of the State and the United States are not disturbed in tlie peaceable course of justice, and ai'ter such State shall be fully restored in its con- stitutional relations to the Government, and Bhall be duly represented in the Congress of the United States. Sec 15. That all officers, agents, and em- ployees of this bureau, before entering upon the duties of their office, shall take the oath p)re- «cribed in the first section of the act to wliich this is an amendment; and all acts or parts of acts inconsistent with the provisions of this act are hereby reriealed. The votes on this bill were: May 29 — The House passed its bill, differing in some details from the above — yeas 96, nays 32, as follow : Yeas — Messrs. Allison, Ames, Anderson, Delos R. Ashley, James M As ley, Baker, Baldwin, Hanks, Baxter, Beanian, BidwcU, Blaine, Brorawell, Biukland, Reader W. Clarke, Sidney Clarke, Cobb, Cook, CiiUom, Dawes, Defree'=, Deming, Dixon. Dodsre, Donnelly, Duinont, Eekley, Eggleston, Elijt, Farqiibar, Ferry, Garfield, AbnerC. Ilanlinir, Hart, (lender- eon, Iligby, Holmes, IIo(iper. Asahel W. Iliibhard, Chester ti. Hubbard, Demas Ilubbavd, jr , John H. Hubbard, James E. Iliibbell, In^crsoll. Jenckes, Julian, Kelley, Latham, George V. Lawrence, VVilltam Lawrence, Loan, Longyear, Lynch. Marstou, McCIurj, .McKee, McRuer, Mircur, Sloor- bead, Morrill, Morris, Myers, O'Neill, Ortli, Paiiie, Patter- son, Perham, Pike, Plants, Price, Alexander H. Rice, .Ttbn H. bice, Rollins, Sawyer, Schenck, Scoliebl, Shellainirf.er, Sloan, Starr, Sevens, Stillwcll, Th lyer, Francia 'Jiionas, Trowbriilge, Ups n. Van Aernani, Burt Van llo! n, A\ \ Bonn, lloud- seau, Shanklin, Sitgreaves, Slrouse, Tuber, Taylor, Tkornion, Trimble. It was then agreed to. July 16 — The bill was vetoed. Same day — The PIousE re-passed the bill — yeas 103, nays 33, as follow : Yeas — Messrs. Alley, Alli.son, Ame?, Anderson, Delos R. ATbley. James M. Asbley, Baker, Uauks, IJarker, Baxter, Beiijaniin, Bidwell, Bingham, Boutwell, Broaiwell, Buck- land, linndy, Ueailer W. Clarke, Sidney Clai ke, Cobb, i onk- ling Cool; . Dawes, Detree-s, Delano, Deming, Donnelly, Drigsa, Ecklev, Eu'glesion, Eliot, Ferry, Garfield, tin iinell, Uriswold, Hale, Hart, Henderson, Higbv, Holmes, Hooper, llotcbkins, A.sahel W. Hubbard, Chester D.Hubbard, John H. Hub- bajon, Wuidom; Woodbrilge— 93. Nays — Messrs. Ancnna, Bergen, Boijcr, Dawsnn, Eldndge, Finek, Gloss' ire.nner, Aaron Harding, Jenckea, Jolimor,, L.v tham, Le Blmd, ilars'iall, Siblack, Kidinlsrm, Radfurd, Samuel ■f.Rundiill, Raymoni, Bitter, Ross, Shanklin, St rouse, Taber, Taylur, ThornUm, Trimble — 26. July 24 — The Reesidext approved the bill, sending to the House this message: To the House of Represeiitalives : The following "joint resolution, restoring Ten- nessee to her relations to the Union," was last evening presented for my approval: " Whereas, in the year eighteen hundred and sixty-one, the government of the Slate of Ten- nessee was seized upon and taken possession of by persons in hostility to the United Slates, and the inliabitants of said State, in pursuance of an act of Congress, were declared to be in a state of insurrection against the United Slates ; and whereas said Stale 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 tlie people of said State did. on the twenty second day of Feb- ruary, eighteen hundred and sixty-five, by a large popular vole, adopt and ratify a constitution of government whereby slavery was abolished and all ordinances and laws of secession, and debts contracted under the same, were declared void; and whereas a Stale government has been or- ganized under said constitution, which has rati- fied tlie amendment to the Constitution of the United Stales abolishing slavery, also the amend- ment proposed by tiie Thirty Ninth Congress, and has done other acts proclaiming and de- noting loyalty ; Therefore, ''Be it resolved by the Senate and House of Rep- resentatives of the' United States in Congress as- sembled, Thit the State of Tennessee is hereby PRESIDENT JOHNSON S MESSAGES. 153 •"eetored to her former practical relations to the ijuion, and is again entitled to be rejiresentedby Senators and Representatives in Congress." The preamble simply consist? of statements, 4ome of which are assumed, while the resolution is merely a declaration of opinion. It comprises no legislation, nor does it confer any power which is binding upon the respective Houses, the Executive, or the States. It does not admit to their seats in Congress the Senators and Repre- Bentatives from the State of Tennessee ; for, notwitlistanding the passage of the resolution, each House, in the exercise of tiie constitutional right to judge for itself of tlie elections, returns, and quaiitications of its members, may, at its discretion, admit them, or continue to exclude them. If a joint resohition 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 admilted 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 resolution is the ratilication, by the State government of Tennessee, of " the amendment to the Constitu- tion of the United States abolishing slavery, and also the amendment proposed bj' the Thirty- Ninth Congress." If, as is also declared in the preamble, " said State government can only be •estored to its former political rtialions in the Union by the consent of the law-making power of the United States," itwould really seem to follow that the joint resolution wliicli, at this late daj', nas received the sanction of Congress, should have Deen passed, approved, and placed on the statute Dooks before any amendment to the Constitution was submitted to the Legislature of Tennessee for ratification. Otherwise, the inference is plainly deducible that while, in tlie opinion of Jougress, the people of a State may be too fttrongly disloyal to be entitled to representa- tion, they may, nevertheless, during the suspen- sion of their " former proper practical relations to the Union," have an equally potent voice with otlier and loyal States in propositions to amend the Constitution, upon which so essen- tially depend the stability, prosperity, and very existence of the nation. A brie*" reference to my annual message of the 4th of JJecember last will show the steps taken by the Executive for the restoration to their con- stitutional 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, Govprnors elected by tlie people, Legisla- tures ar,oembled. and Senators and Representa- tives ch'^sen 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 forever within the limits of the country was also submitted to tlie States, and they were thus invited to, and did participate in its ratification, thus exercising the highest functions pertaining to a State. In addition, nearly all of these States, through their conventions and Legi.slatures, had adopted and latified 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 whose 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 time ; and no other plan of restoration having been proposed by Congress for the measures in- stituted by the Executive, it is 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 representat>ion 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. Neither 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, especi;illy ilie assertion that the State of Ten- nessee has vntilied the amendment to the Con- stitution of the United States proposed by the Thirty -Ninth Congress. No official notice of such ratification has been received by the Exec- utive, or filed in the Department of State; oa the contrar3^ 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 judge of the elections, returns, and qnalificationa 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 repeat 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 rOLITICAL MAMMAL. tors and Pieprepentatives, who can comply with all the requireiuent-s of the Constitution and the laws. By this means, harmonj' and reconcilia- tioa will be effected, the practical relations of all the States to tlie Federal Government re- established, and ihe work of restoration, inaugu- rated u-pon the termination of the war, success- fully comfdeted. Andrew Joiinson. Wasuington, D. C, July 2-1, 1S6G. Voto of the District of Colambia Suffrage Bill, January 7, 1867. To ihe Senate of tlic United States: I have received and considered a bill entitled "An act to rej:;ulate the elective franchise in the District of Columbia," passed by the Senate on the 13th of December, and by the Hou?e of Representatives on the succeeding day. It was presented for my approval on the 2()th ultimo, BIX da\'s 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 tlie two cities upon a subject so imme- diately affecting their welfare as a community. The question was submitted to the people at spfrcial elections, held in the month of December, 1}-S5 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 6,55G — the largest, wit.h 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 electi'^ns seem to have been conducted with entire fairness, the result must be accepted as a truthful expression of the opinion of the people of tiie District upon the question which evoked it. Possessing, as an organiz.ed cornmunit}', the same popular rights as the inhabitants of a State or Territory to make known their will upon matters wliich affect their social and political condition, they could have selected no more appropriate mode of memorializing Congress upon the subject of thi.r bill than through the suffrages oi' 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 fiubmitted for my signature. It therefore be- comes the duty of the Executive, standing be- tween th« legislation of the one and the will of the other, fairly expressed, to determine whether lie should approve tlie bill, and thus aid in placing upon the statute books of the nat'on a law against which the people to whom it is to apply have solemnly and with such unanimity pro- tasted, or wiicther ho should return it with liis )bjection8, in the hope that, upon reconsideration, Congress, acting as the representativfei of the inhabitants of the seat of Government, will per- mit them to regulate a purely local question aa to therx. 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 miglit 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 in mind, however, that in exercising its functions as the law-making power of the District of Co- lumbia, the authority of Mie National Legislature is not without limit, but that Congi>ess 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 to 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 prohibiting the free exercise thereof; or abridging the free- dom of speech or of the press; or the right ol the people peaceably to assemble and to petition the Government for a redress of grievances." "The right of the people to be secure in their persons, houses, papers, and effects against un- reasonable searches 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 remenibered that in legislat- ing for the District of Columbia, under the Fed- eral Constitution, the relation of Congress to it3 inha'«itants is analogous to that of a Legislature to the people of a State, 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 Sta^e 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 bearing ujion a people, their will should exert at least a reasonable influence upon those who are acting in the capacity of their legisla- tors. Would, for instance, the Iiegislature of the State of ISew 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 of the people whom they were chosen to represent, arbitrarily force upon them, as voters, all per- sons of the African or negro race, and make them eligible for oflSce without any other quali- fication than a certain term of residence within the State? In neither of the States named PRESIDENT JOHNSON S MESSAGES. ■fdd would the colored population, when acting to- gether, be able to produce any groat social or political result. Yet, in New York, before he can vote, tlie man of color must fulfill conditions that are not required of the white citizen ; in fennsyivauia the elective franchise is restricted to wbite freemen ; while in Indiana negroes and mulattoes are expressly excluded from the right of suffrage. It hardly seems consistent with the principles 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 of Columbia to try an experiment wliich 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 should 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 lawmaking power. The great object of placing the seat of Gov- ernment uinler 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 ceitainly 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 the Electoral College, or representation in the councils of the nation, they are, nevertheless, American citizens, entitled as such to every guaranty of the Constitution, to every benefit of the laws, and to every right which pertains to citizens of our common country. In all matters, then, affecting their domestic affairs, the spirit of our democratic form of government demands tluit 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 prosperity. It was evidently contemplated that all local questions would be left to their decision, at least to an extent that would not be incom- patible with the object for which Congre.«s was granted ex(dusi ve legislation over the seat of Gov- ernment. When the Constitution was yet under consideration, 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 tlie year 1800, assembled at Washing- ton, President Adams, in his speech at its open- ing, reminded the two Houses that it was for them to consider whether the local powers over the District o*" Columbia, ve^^id 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 rajudity 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 jirosperity and self-government." Three years had not elapsed when Congress was called ujion to determine the propriety of retroceding to Maryland and Virginia the jurisdiction of the territory which they had respectively relin- quished to the Government of the United States. It 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 the 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 Vh^inia and Maryland, and the act of Congress accepting tho 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 wasfeit for want of it by the Congress of the Confederation ; that the peofde 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 persons are allowed to vote with- out regard to color, provided they jiossess 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, tliere were in tlie District of Columbia 60,7l)4 whites to 14,310 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 tlie latter class needs no explanation. Contiguous to Maryland and v irginia, the Dis- trict, during the war, became a [lace 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 in slavery, and denied all opportunities for mental culture, their first knowledge of the Government was acquired when, by conferring upon them freedom, it became the benefactor of their race; the test of their capability for im[)rovement began when, for the first time, the career of free industry and the avenues to ,'itelligence were opened to them Possessing t:^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 may 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 dail}^ wit- nesses of their n.ode of Jiving, 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- come eli'^ible for office in the local governments under which they live. Clothed with the elect- ive franchise, their numbers, already largely in excess of the demand for labor, would be soon increased by an influx from the adjoining States. Drawn from fields where employment is abun- dant, tliey would in vain seek it here, and so add to the embarrassments already experienced from the large class of idle persons congregated in the District. Hardly yet cajialde of forming correct judgments ui)on the imjiortant questions that often make the issues of a y-olitical contest, they could readily be made subservient to the purposes of designing [lersons. While in Massa- chusetts, under the census of 1860, the propor- tion of wliite to colored males over twenty years of age was one hundred and thirty to one, here the black race constitutes nearly one-third of the entire population, whilst the same class sur- rounds the District on all sides, reatly to change their residence at a moment's notice, and with all the fac'lity 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 tliem by their own officers, and by the exercise 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 en- 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 i)rove a residence in the District of oce 3'ear, as to those persons of color who, cornpara- tivcly few in number, are permanent inhabit- ants, and having given evidence of ineril and qualification, are recognized as useful and re- sjionsible members of the community. Imposed upon an unwilling people, placed, by the Con- stitution, under the exclusive legislation of Con- gress, it would be viewed as an arbitrar}' exer- cise of power, and as an indication l.iy the coun- try of the purpose of Congress to compel the acceptance of negro suffrage by the Stales. 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-ascertainei.ljiopular will, we should assiduously endeavor to [>romote kindly relations hetv/een them, and thus, when that popular will leads the way, prepare for the gradual and harmonious introduction of this new element into the political jiower of the country. It cannot be urged that the proposed exten- sion of suffrage in the District of Columbia is necessary to enable persons of color to protect either their interests or their rights. They stand here precisely as they stand in Pennsj-lvania, Ohio, and Indiana. Here, as elsewhere, in all that pertains to civil rights, there is nothing to distinguish this class of persons from citizens of the United States; for the}' possess tlie "full and equal benefit of all laws and proceedings for the security of person and propertj' as i; en- joyed by white citizens," and are miide "subject to like punishment, pains, and peralties, and to none other, any law, statute, ordinance, regula- tion, or custom to the contrary notwithstan 1- ing." Nor, as has been assumed, are their suf- frages necessary to aid a loyal sentiment here; for local governments already exist of undoubted fealty to the Government, and are sustained by communities which wcr°. 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 countr}'. The exercise of the elective francl.\ir-o is the highest attribute of an American citizen, and, when guided by virt;:.e, intelligence patriotism, and a proper appro- -ition of our inskitutions, constitutes the true basis of a democratic form of government, in which the sovereign pov/er 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 justl}' estimate its value, and who are indifferent as to its re- sults, it will only serve as a means of placing power in tlie hands of the unprincipled and am- bitious, and must eventuate in the comideto destruction of that liberty of which it should be the most powerful conservator. Great danger is, there fore, to be apprehended from an untimely extension of the elective franchise to any new class in our country, especially when the large majority of that class, in wielding tlie power thus placed in their hands, cannot be expected correctly to comprehend the duties and resjions:- bilities which pertain to suffrage. Yesterdav. 1 PRESIDENT JOHNSON S MESSAGES. 157 as it were, four millions of persons were held in a condition of shivery tliat had existed for gen- erations ; to-day they are freemen, and are as- sumed by law to be citizens. It can; ot be pre- sumed, from their previous condition of servitude, that as a class they are as well inf :med as to the nature of our Government as the intelligent foreigner wiio makes our land the home of his choice. In the case of the lattsr, neither a resi- dence of five j'ears, and the knowledge of our institutions which it gives, nor attachment to the principles of tiie Constitution, are the only conditions upon which he can be admitted to citizenship. He must prove, in addition, a good moral character, and tlius give reasonable ground for the belief tiiat he will be faithful to the obli- gations which he assumes as a citizen of the Republic. Wliere a people — the source of all po- litical power — speak, by their suffrages, through the instrumentality of the ballot box, it must be carefully guarded against the control of those who are corrupt in principle and enemies of free institutions, ibr it can only become to our politi- cal and social system a safe conductor of healthy popular sentiment when kejit free from demor- alizing influences. Controlled, through fraud and usurpation, by the designing, anarcliy 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 our fathers. It fol- lows, 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. In returning this bill to the Senate, I deeply Tbgret that there should be any conflict of opinion between the legislative and executive departments of the Government in regard to measures that vitally affect the prosperity and peace 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 my earnest wish to co-operate with Congress in all measures having for their object a proper and complete adjustment of the questions resulting from our late civil war. Harmony between the co-ordinate branches of the 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. Tlie differences of opinion that have already occurred have ren- dered me only the more cautious, lest the Execu- tive sliould encroacli upon any of the preroga- tives of Congress, or, by exceeding in any man- ner the constitutional limit of his duties, destroy the equilibrium which should exist between the several co-ord'nate departments, and which is so essential to the harmonious working of the Gov- ernment. I know it has been urged that the executive department is more likely to enlarge the sphere of its action than either of the other two branches of the Government, and especially in the exercise of the veto power conferred upon it by the Constitution. It should 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 cf the just powers of the executive and judicial depart- ments. It is remarked by Ciiancellor Kent that " to enact laws is a transcendent ])o\ver; and, if tlie body that possesses it be a full and equal representation of the people, there is danger of its pressing with destructive weight upon all the other parts 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. ^othing 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 indeiiendence, and that he should have a negative upon the passing of laws ; and that the judiciary power, resting on a still more per- manent basis, should have the 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. j\Ir. Madison, in referring to the difficulty of providing some practical security for each against the invasion of the others, remarks that " the legislative de- partment is everywhere extending the sjihere of its activity, and drawing all power into its im- petuous vortex." " The founders of our republics « * -ir geem 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 intrepid confidence in its own strength; whieh is sufficiently numerous to feel all the passions which actuate a multitude, j^et 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 tliis de- partment that the people ought to indulge all their jealousy and exhaust all their precautions." " The legislative departmentderives a superiority in our governments from other circumstances. Its constitutional 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 depart- ments." "On the other side, the executive power being restrained within anarrower compass, and being more simple in its nature, and the judiciary being described by landmarks still less uncertain, projects of usurpation by either of these depart- ments would immediately betray and defeat themselves. Nor is this all. As the legislative 158 POLITICAL MANUAL. depavlment alone has access to the pockets of the people, ami has, in some constitutions, full discretion, and in all a prevailing influence over the peci'niary 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 republican governments is to an aggrandizement of the legislative, at the expense of Uie other departments." Mr. JetTerson, in referring to the early consti- tution of Virginia, objected that by its provisions all the power.s of government, legislative, execu- tive, an^^ judicial, resulted to tlie 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 b)' 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 bj' ourselves. An elective despotism was not the government we fought for, but one which sliould 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 witliout 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 depart men ts 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 in 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 wliich should have been left to judiciary controversy; and the direction of tiie 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 truth is, that the lep;islative power is the prreat and ovcrruliii;; powtir In every I'-ee governiuent." " The repre- eent.itives of tlie jieople will watch with jealousy every encroacliiiisiit of the e.xe(;utive iiiaj?istrate, lor it trenches «poii their own aiitlioriry. But who shall watch the eii- creachm-iit of theso representatives themselves? Will tliey lie as jealouK of the exercise of power by themselves as tjr othi-rsy" '• There are many reasons which in iv be Msif;nlature. If they are not (as is not unfreqiiently the case) jealous of its prerogatives, the constant neressity of scrutinizing the acts of each, upon the application of any private iieis'iii, and the painful duty of pronouncing judg- ment that these acts are a departure from the law or Con- stitution, can have no tendency to conciliate kindness or notnish influence It would seem, therefore, that some adilitioiial guards would, under the lircumstaines, be neces- sary to prolect this department from the alisolute dominion ot the others. Yet rarely have any such guards been ap- plied; and every atteni))t to introduce tlieiii has been resisted Willi a pertinacity which demonstrates how slow po]iular leaders .ire to introduce checks iijioii their own jiower, and how slow the people are to biliove that the judiciary is the real bulwark of their liberties." "If any department of the (b vernment has undue influence or ab- sorbing jiower, it certainly has not been the executive or judiciary.' In addition to what has been said by these distingui>hed writers, it may also be urged that the dominant party in each House may. by the expulsion of a suffiTient number of members, or liy tlie exclusion from representation of a requi- site numbev of States, reduce the minority to less tlian one-third. Congress, by these means, might be enabled to pass a law, the objections of tli6 President to thecontrary iiotwithstamling, which would render ini[iotent the other two departments of the Government, and make inoperative the wholesome and restraining power which it was PRESIDENT JOHNSON S MESSAGES. 159 intends 1 by the Iramers of the Constitution should Le exerted by liiem. This would be a practical >;oncentration of all power in the Con- gress of the United States; this, in the language of the autuor of the Declaration of Independence, would bo "precisely the dehnition of despotic governmeut." I have preferred to reproduce these teachings of the great statesmen and constitutional lawyers of the early and later days of the Republic rather than to rely simply upon an expression of my own opinions. We cannot too often recur to them, especially at a conjuncture like the pres- ent. Their application to our actual condition is so ajiparent that they now come to us a living voice, to be listened to with more attention than at any previous period of our history. We have been and are yet in the midst of popular com- motion. The passions aroused by a great civil war are still dominant. It is not a tune favor- able to that calm and deliberate judgment which is the only safe guide when radical clianges in our institutions are to be made. The measure now 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 several States for themselves. In but few of the States has such an innovation been 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 ballot to this race is absolute, and by funda- mental law placed beyond the domain of ordinarj'' If^Lrislation. In most of those States the evil of fuch suflVage would be partial; but, small as it r/ould be, it is guarded by constitutional barriers. Here the innovation assumes formidable propor- tions, which may easil)- 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 rule of general suf- frage which distinguishes our policy as a nation. I)ut there is a limit, wisely observed hitherto, wliich makes the ballot a privilege and a trust, nnd which requires of some classes a time suit- able for probation and preparation. To give it indiscriminately to a new class, wholly unpre- pared by previous habits and opportunities to perform the trust which it demands, is to degrade it, and finally to destroy its power ; for it may be safely assumed that no polilical truth is better established than that such indiscriminate and all- embracing extension of popular suffrage must end at last in its destruction. Andrew Johnson. Washington, January 5, 1867. Copy of tlie Bill Vetoed. An Act to regulate the elective franchise in the District of Columbia. Be it evarted, etc, That from and after the passage of this act each and every male person, excepting paupers and [19 'sons under guardian- ship, of the age of twenty-one 3' ears and upwards, who has not been convicted of any inl'amous crime or offense, and excepting ])er.ions who may have voluntarily given aid and comfort to the rebels in the late rebellion, ami who shall have been born or naturalized in the United States, and who shall have resided in the said District for the period of one year, and three months in the ward or election precinct in which he shall offer to vote, next preceding any election therein, shall be entitled to the elective franchise, and shall be deemed an elector and entitled to vote at any election in said District, without any dis- tinction on account of color or race. Sec. 2. That any person whose duty it shall be to receive votes at any election within the District of Columbia, who shall wilfully refuse to receive, or who shall wilfully reject, the vote of any person entitled to such right under this act, shall be liable to an action of tort by the person injured, and shall be liable, on indictment and conviction, if such act was done knowingly, to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding one year, in the jail of said District, or to both. Sec. 3. That if any person or persons shall wilfully interrupt or disturb any such elector in the exercise of such franchise, he or they shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not to exceed one thousand dollars, or be im- prisoned in the jail in said District for a period not to exceed thirty days, or both, at the discre- tion of the court. Sec. 4. That it shall be the duty of tlie several courts having criminal jurisdiction in said Dis- trict to give this act in special charge to tlie grand jury at the commencement ('f each term of the court next preceding the holding of any general or city election in said Distncc. Sec. 5. That the maj'ors and aldermen of the cities of Washington and Georgetown, respect- ively, on or before the first day of March in each year, shall prepare a list of the persons they judge to be qualified to vote in the several wards of said cities in any election ; and said mayors and aldermen shall be in open session to receive evidence of the qualification of per- sons claiming the right to vote in an}'' election therein, and for correcting said list, on two days in each year, not exceeding five days prior to the annual election for the choice of city offii;ers, giving previous notice of the time and place of each session in son.e newspaper printed in smid District. Sec 6. That on or before the first day of M?, rch the mayors and aldermen of said cities shall post up a list of voters thus prepared in one or more public places in said cities, respectivelj-, at least ten days prior to said annual election. Sec. 7. That the officers presiding at any elec- tion shall keep and use the checklist herein required at the polls during the election of all officers, and no vote shall be received unless delivered by the voter in person, and not until the presiding officer has had opportunity to bft satisfied of liis identity, and shall find his name on the list, and mark it, and ascertain that hiti vote is single. Sec. 8. That it is hereby declared unlawful 160 POLITICAL MANUAL for any person, directly or indirectl}', to promise, offer, or give, or proem e or cause to be promised, offered, or given, any money, goods, right in action, bribe, present, or reward, or any promise, understanding, obligation, or secv.rity for the payment or delivery of any money, goods, right in action, bribe, present, or reward, or au)' other valuable thing wliatever, to any person, with intent to iniluence his vote to be given at any election hereafter to be held within the District of Columbia ; and everj' person po offending Bhall, on conviction thereof, be fined in any sum not exceeding two thousand dollars, or im- prisoned not exceeding two years, or both, at the discretion of the court. Sec. 9. That any person who shall accept, directly or indirectly, any money, goods, right in action, bribe, present, or reward, or any promise, understanding, obligation, or security for the payment or delivery of any money, goods, riglit in action, bribe, present, or reward, or any other valuable thing whatever, to influ- ence his vote at any election hereafter to be held in the District of Columbia, shall, on conviction, be imprisoned not less than one year and be for- ever disiranehised. Sec. 10. That all acts and parts of acts incon- sistent with this act be, and the same are hereby, repealed. The votes on this bill were : 1866, December 14 — The Senate passed it — yeas 32, nays 13, as follow : Yeas— Messrs. Anthony, Brown, Cattell, Chandler, Con- Dcss, Crowcli, Eiluumils, Fes^^entlcn, t'ogg, B'relinghii.vson, Grinips. Iliiiiis.lIfiiderKon, llowiml, Howe. Kii kwoiul.Line, Morgiin. Morrill, Poland, Poineroy, tliirnsey, lloss, .Sliermiin, Spr;ip:ue, Stew^irt, Sutuuer, Trumljull, AVade, "Willey, Wil- liams, Wi soil — :i>. N\Ys — M.'ssrs nucknhw, Covjan, Divis, Pixon, DoolittJe, Foster, flunUnrhs, Kesniil/i, Norton, Patterson, Kiddie, Sauls- bury, Viiu Winkle— 1 3. 1SU6, December 14 — The House passed it — yeas 128, nays 46, as follow : Yeas— Messrs. Alley, Allison, Ames, Anderson, Arnell, Delos It Ashley, .lames M. Ashley, B.iker, IJaldwiii, Banks, Barker, I!a\t"r, rieaiiiiin, I'.idwell, Bingham, Bhiine, Blow, Boulwell, Orandegee. Broinvvell,Broomall,Bnckland,Biiudy, Reader \V. Clar .e, Sidney Clarke, Colili. Coiikliug, Cuoii, Culver, D.iW(-s, Deiiees. Delatio, Deming, Dixon. Dmige, Don- nelly, Driggs, Jickley, Eggleston, Eliot, Isirnsworth, Ferry, Qartield, Giinnell, Griswold, Hale, Aliiier C. Harding, Hart, Hawkins, Haves, Henderson, Highy, Hill, Holmes, Hooper, Hotrhkiss, Denias Iln1)bard, jr., John H. Hubbard, James R. Hubbell, llulburd, Ingersoll, Jenckes, Julian, ivasson, Kelloy. Kelso, Ket ham, Koontz, Laflin, George V.Lawrenee, William Li«reiice. Loan, Longyear. lAnch, Marston, Mar- vin, Maynard. McOlurg, M<'Ind'oe, McRner, Mercur, Miller, M oiliead, Morrill, Morris, Moultoii, .Myers, Newell, O'.Neill, Ortli, I'aine, Patterson, Perham, Pike, Pomer.iy, Price, Ray- mond. Alexander H Rice, Jclin H. Rice, Poihns, Saw.ver, Schenck, -cofieUI. Siiell.iharger, SI lan, Spalding, i^tarr, Ste- vens, ."^tokes, Thayer, Francis T horiiiis, Trowbridge, Ujjson, Van Aeruian. Bun. Van Horn, Robert T. Van Horn, Hamilton VTiirii, Warner. Ellihu H. \Wishburne, William B Wash- turn, Welker, Wiiitworlh. Williams, James F. Wilson, Ste- phen F. Wilson, Windom, Woodbridgo, and Speaker Colfax —128. Nays — Messrs. Ancona, Bergen, Bnyer, Campbell, Clian- 7er, Co'iper, Dawmn, Denisnn, Eldridg", Finclc, Glnsshre.nner, Gnndyeir, Aaron Ilardinq, Harris, Nine, lioqan. Chester D. Hubbard, Eiiwin A. JluhUell, //«/! er, A"er)',lvuykendall, Lath mi, Lrlilnnl, Ufliuirh, Marshall, McKee, NiUach: Nid,',h:,n, Nn-ll, phelp.^, Samnd J. Handall. William H. Randall, Rilte.r, ItriQers, lloss, Rousseau, Shankiin, Sit- prearc*. .Slilhvell, .S'Ov)«,c. Ta'ier. JVdtluinid O. Taylor, JVu- ton Taylor, T.'iorninn, Andrew II. Ward, Whaley — 10. 18U7, January 7 — The bill was vetoed. Same day, the Senate passed it, ncTlvvithstand- ing the President's objections, by a two-thirds vote — ^yeas 2!.), nays 10, as follow : Yeas— Messrs. Antlinny. Cattell. Chandler, Cntmess, Cr» gin, Creswell. Edmvinds, i-'rssenden, Fogg, Fowler. Freling- huysen, Grimes, Henderson, How.ird, Howe, Kirkwood, Lane, Morgan, Monill, I'olaiid, UamsKy, Boss, Sherman, Stewart, Sumner, Trumbull. Wade. Will, y, Williams— 29. Nays— Messrs. Oiican, IHxon. DikiUHIj'.'i ester, ILndricks, Johnsim, Nesmitli, Aortmi, J'atif.rxun, Van Winkle — 10. January 8 — The House passed it — yeas 113, nays 38, as follow : Yeas — Messrs. Alley, Allison, Ames, Arnell, DelosR. Ash- ley, James .M. Ashley, Baker, Haldwin, Banks, Barkei-. Bax- ter, Beaman, Benjamin, Bidwell, liingham, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundv, Reader >v . Clarke, Sidney Clarke, Colib, Cocdv, Culloni, ( ii'lver, Dar- ling. Daw e.s, Del ree-*, Delano, Deming, Dixon, Dodge. Don- nelly, Driggs, Kcldey, Eguleston, Farnsworth, F:r(|Uhar, Ferry, Garliild, C.rinnell, Aimer C. Harding, Hart, Hawkins, Hayes, Henderson, Higby. Hill, Holmes, Hooper, .bilin U. Ilubbai-d, Jiniis R. Hubbell, Ingeisoll, JeDiJves, Julian, Kas- Ron, Kelley, KiI.no, Ketcluim, Koontz, Giorge V. Lawrence, \\ ildaiii LawreMce,Loaii, Longyear, Lynch, Mavston, M.irvin, Mavnard, Mcl^lunr, JIcRiier, Alercur, Miller, Morril', Moul- toii, Myers, Newell O'Neill, Orth, Paine, Patterson. Perham, Pike, I'lants, Price,- Itaymond, Alexander H. Rice, John II. Rue, Sawyer, Schenck. Scofield, .Spalding, Starr, Stokes, Thayer, Francis The mas. Jcdiu L. Thomas, jr., Trowl ridge, L'pson, Van Aermun, Burt Van Horn, Hamilton Ward. War- ner, Ellihu IS. Washbiirne, Welker, Wentwortli, Williams, James F Wilson, Stephen F. Wilson, Windom, and Speaker Colfax— IK! . Nays — Messrs. Ancona, llergeri, Campbell, Clianlrr. Cooper, Dnoson, Eldridr/e, Find:, Glo.^nhrrnnir, Aamn Harding, Hisf, Hugan. CIiesterD. Hubbard, ILintplnni. Htmlrr. Kerr, Kuykendall. Latham, Lrflwich, Mc< ullouf//', Adilrck, i\icli- olcon. iVoi'll, Vl>o\\)ii,liadford, Samuel J. Jiandu 11, Wii\i:\m II. Randall, Hitler, Hrgcrs, Hriss, SUanklin, SIrcuise, Ta'.e); Na- thaniel G. Taylor, Kelson Taylor, Trimble, Andrew II. Ward, Winjie.ld—18. Whereupon the Speaker of the House de- clared the bill a law. Veto of tho Colorado Bill, January 29, 1867. To the Senate of the United States : I return to the Senate, in which Ilonsc h 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 is substantially the same as the bill of a similar title passed by Congress during the last session, submitted to the President for his ap[)roval, returned with the objections contained in a mes- sage bearing date the 15th of May last, 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 mj' signature. Having again careful!}'' considered the suliject, I have been unable to perceive any reason forclianging the opinions which have already been com- municated to Congress. I find, on the contrary, that tliere are many olijections to the proposed legislation, of which I was not at tliat 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 eminent is proposed to be formed very properly contains a provision that ail laws in force at the time of its adoption, and 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 negroes and mulattocs frcm voting. At the recent session of the Territorial Legislature a bill for the repeal of thi" Ictw, introduced into the council, wa^ PRESIDENT JOHNSON S MESSAGES. IGl almost unanimously rejected ; and at the very- lime when Congress was engaged in enacting tlio bill now under consideration, the Legislature ]ias?ed an act excluding negroes and mulattoes Irom the right to sit as jurors. This bill was vetoed by the Governor of the Territory, who held that by the laws of the United States negroes and mulattoes are citizens, and subject to tlie duties, as well as entith d to the rights of ciiizenship. The bill, however, was passed, the oi.'jections of the Governor to the contrary not- v.itlistanding, and is now a law of the Territory. Yet in the bill now before me, by which it is jircposed to admit the Territory as a State, it is j.mvided that " there shall be no denial of the elective franchise, or any other rights, to any jierson, 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 doubtless 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 maj' 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 wliich the people themselves could engage. In view of this action of Congress, the House of Representatives of the Territory have earn- estly 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 believe themselves capable of sustaining. The following is a copy of the protest alluded to, as officially transmitted to me : " AVhereas it is announced in tlie jniblic prints that it is till! intention of Congress to admit Colorado us a State into tlie Union: Therefore. "Resolved by the House of Representativfs of this Territory, Tliat, reprt'seiitingas we do tlie last and only legal expres- sion of public opinion on this quesficm, we earnestly protest rsrainst the passage of a law admitting the State, without tirst having the question submitted to a \ote of tlie people, for the reasons, first, that we liave 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 r.f 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 tlian thirty thousand, and expressed the opinion that this number was entirely too smull either to assume the responsibilities or to enjoy the privileges of a State. It appears that previous to that time the Legislature, with a view to ascertain the exact condition of the Territory, had passed a law 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 assessments, and, in order to secure a correct enumeration of the population, allowed them a liberal compensatioa for the service by paying them for every name returned, and added to their [irevious oath of ofiice an oath to perform this duty with fidelity. From the accompanying dtficia! report it ap- pears that return.^ have been received from fifteen of the eighteen coutitie^ into which the State is divided, and that their [lOpulation amounts in the aggregate to twcnty-i'our thou- sand nine hundred and nine. Tiie 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 and return to th.e 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 lias ever be- fore been attempted. I know that it is claimed that the population of the different States at the time of their admission 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 wdiich originally composed the Union from being deprived, in the event of a waning population, of a voice iu the popular branch of Congress, and was never intended as a warrant to force a new State into the Union with a representative population far below that which might at the time be 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 not exceed one for every thirty thou- san.l," is at least a violation of the spirit, if not the letter of the Constitution. It is respectfully submitted that hov/ever Con- gress, under the piressure of circumstances, may have admitted two or three States with less than a representative population at the time, there has beun no instance in which an ap[dication for admission has even been entertained wheu 162 POLITICAL MANUAL. the population, as officially ascertained, was be- low thirty thousivud. ■ ■ ' Were there any doulit of this being the true construction of theConPlitution, it would be dis- pelled by the early a'ftd long-continued practice 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 n, Eepresentative, and the first instance in which there appears to have been a departure from the jirinciple was in 1845, in the case of Florida. Obviously the result of sectional strife, we would do well to- regard it as a warning of evil rather tlian as an' e.Kample for imitation, and I tliink candid men "of all parties will agree that the in- spiring cause of the violation of this wholesome principle' of irestraint is to be"fouTid in a vain atternptto balarlce' those antagonisms which re- fused to be reconciled except through the bloody arbitrament of arms. The pl;iin' facts of our his- tory will attest that tlie great and leading States admitted since 1845, viz., Iowa, Wisconsin, Cali- fornia, ^Ii;inesota, and Kansas, including Texas, which was admitted that year, have all come with an ample pbpulation for one Representative, arid some of them with nearly or ^uite enough for two. To demonstrate the correctness of my views on this question, I subjoin a table containing a list of tlie States admitted since the adoption of the Federal Constitution, with the date of ad- mission, the ratio ol' representation, and the rep- resentative -[lopulation when admitted, deduced from the United States census tables, the calcula- tion being made for the period of the decade cor- respDnding with the date of admission: states. Admitted. Ratio. Popiilaiirm. Vermont 1791 33,000 92,320 Koiituckv 1792 33,000 95,038 'IVuuesBee 1798 33,000 73.864 Oliio.... ISOJ 3.3,000 82,143 Lciuisihna.: 1812 35,000 75,212 Judiana 1816 35.000 98,tO MJ.-sisi=ippi 1817 35,000 63,077 Ilijnc.i.s 1818 35,000 40,374 A;:;baina 1S!9 35,000 111, 50 Maine 1820 3.5,000 298,335 Mj,-80uri 1821 35.000 69,200 Arkansas- 1836 47,700 65,175 Mkliigan 1837 47,700 158 072 Florida 1845 70,680 57.951 Texas 1845 70,680 *18J,327 Iowa '. 1846 "70,686 132,572 VVistousiii 1S48 70,6S0 C50.497 CalifoniSii 1S50 70,680 92 597 Oregon 1858 93,492 44,030 MinnfKota 1858 93,492 138,909 Kan.s.is 1861 93,492 107,200 WcBt Virginia 1862 93,492 319,628 Nevada ISCl 127,ObO 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 cnn perceive, for the admission of Colorado that would not appljf with equal force to nearly every other Territory now organized ; and I submit whether, if this liill become a law, it will be possible to resist the logical conclusion that such Territo- ries as Dakota, Montana, and Idaho, must be received as States whenever they present them- • In l8:o. selves, without regard to the number of inhabi- tants the}' may respectively contain. Fight or ten new Senators, and four or five new mem- bers of the House of Representatives would thus be admitted to represent a jiopulation scarcely exceeding that which, in any other portion of the nation, is entitled to but a single member of the House of Representatives, wliiiethe average 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 tlie Union to enter upon a policy with rc,i^ard to admission of new States which might result in conferring such a di^])roportionate share of influence in the national Lefiislatureuponcoiniiiunities which, jn pursuance of the wise policj- of our fathers, should for some years to come be retained un- der the iostering 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 privilegesof States, irrespective of their population or fitness for such 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 Avould 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 suggestions that an enabling act was passed authorizing the people of Colorado to take action on this subject. It is well known tiiat 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 consummated would secure a jiopulation of over a hundred tliousand. These representations prove to have been wholly fallacious, and in addition, the peo- ple of the Territory, by adeliberate vote, decided that they would not assume the responsibilities of a State government. B}' that decision they utterly exhausted all power that was conferred 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 ot law. The proceeding upon which the present appli- cation is based was in the utter absence 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 what- ever to the sentiment of the Territory. The pro- test of the House of Representatives, 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 impos- sible. It is, indeed, a question whether it is not in ilself a nullity. To say the least, it is of exceedingly doubtful propriety to coafsr the power proposed in the bill upon *be " Gcvernor elect;" for, as by its own terms the «i^i?stitut.;on is not to take eflect until after >A\« aOuni'SiOi of Pr.ESIDEXT JOHNSON S MESSAGES. 163 the iStflte, lie, in the mean time, has no more diithorily than any odier piivnte citizen. But, tfven supposing hnn to Lie i.-loiiie<] witii sufficient authoriiy to convene the LcL'.islature, what con- 6titL^te^^ the " State Legislature," to which is to be referred the question ol' submission to the con- ditions imposed by Congress? Is it a new body, to be elected and convened by pi-oclamation of tlie "Governor elect," or is it that body which met more than a year ago, under the provisions of the State conslituiion ? By reference to the second section of the schedule, and to the eigh- teenth section of the fourth article of the State constitution, 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 lliere were no intrin- sic objections to the bill itself in relation to the purposes to be accomplished, this objection would tie fatal ; as it is apparent that the provisions of the third section of the bill to admit Colorado Ijave reference to a period and a state of facts entirel}' different from the present, and afi'airs as tliey now exist, and, if carried into effect, must ueciissarily lead to confusion. Even if it were settled that the old and not a iievv bodjr were to act, it would be found imprac- ticable to execute the law, because a consider- alile number of tiie members, as I am informed, Lave ceased to be residents of the Territory, and ill tlie sixty days within which the Legislature is to be convened after the passage of the act there \vould not be sufiScient time to till tlie 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 legiihir, and the result to be attained were de- sirable, simple justice to the people of the Ter- ritorj' would require a longer period than sixtj'- days within which to obtain action on the con- lil>\irn, William B. Waslil)urn, Welker, Wentworth, Wil- li. iins. .lames F. WiLson, Stephen F. Wilson, AVindom — 90. .Nay- — Messrs. ^ncoJiu, Baker, B/rgi]n, Bingham, Blaine, B't;/ir. Biiekland, Campbell, Cooper, Davi,s. Detrees, Deni^on. E ilrii ijc, Finck, GlosshrentKr, Gnndyrar, Hale, Aaron IJiird- ii 1). .\l,iicr C. Harding, Hart, Hawkins, ITise, Hor/an, Chester D. llnl.bard, K/w;'n iV. HuhluM, Hinnplircy, Hiinter. Ji'lm- fiii, Kflso, Kerr, Kuykendall, Lalbam, Le Blond, Lefliiiich, I.ynih. M.jTshall, Maynard, .M< Kee, Morrill. Nihlack, JSich- ul on. Pike, Radford, Samud J. Randall, Raymond, Bitter, J'.;/ers. Ross, Shanklin, Silijre.hriil', Morris. Moulton, Newell. O'Neill, Orth. I'aiiie, I'atterson, Peihani, Pike, Price, Ihivinonil, Ale.xandrr II. Uice, .Tolin H. Uice. i; lliiis, >'awy.'r, S. Ii-m-k, Scifi Id, Spiidi.ig. Stevens, '1 h iver, Trowbi i liT •, U|ison, Vnii A.Tu.iiii, Ihirt Van Horn. Iluiiilton Ward. Warner, Llliliu I!. V, asliluirne, William B Washburn, Welk.a-. \Vent\v..rth, Williams, James F. W il- hon. Steidien F. W Ison, Windoin ,'■8. N AV.s — Me-'srs. .\n':':nii. Delos K. Ashley, Baker. Seniamin, /J«c.;/ir, Bronnvell. Bu'klaud. Uniidj, Camp- bell, Ci.anler, Blender W. (;iarke, Cnrpet; Davis, Dawsmi, Dehee.H, Delano, Drn's'.n^ Elilrid^e. larnsworlh, Farqiihar, Finrt, Olossln-cnvfx, Gnnd /ear, W le. Aaron Hanlinij, Abiicr C. Harding, llawMn<, llondeisoii. Hill, llise.. Ilngan, Ches- ter D Hubbard, Edwin X. /fahheU.J. K. llubbell, llum- plirc/. IfuHici; Jo.'tni'm, Keir,lj,i\h"n\ George V Lawrence, Lf Bl'/tid, r,'J/wic'i, M.jrshun, McKee, Miller. NIblack, Nidm'sii.i, Plants liod/nnl. Samtul J. iil(in//u//, William H. Kandall, hitler, Rogers. !ih'lnLlin,>\\^■\\.\\>nvil^'t. Silgieuve.i, SlillueU, Stcdcc.-', .S/rrtis*-, Ta'.rr, yntfianid O. Tay!or, :\'d. S'lti Tnjbir, Fr.mcis Tlioma-", John L. Thomas, jr., Tlioniton, Andrea) II. Ward, Henry D. Washburn, Wbuloy — 70. Same n, Van Aeriiam, Burt Van Horn, Hamilton Waid. Warner. EUihu ]!. Wnsliburne. Ueniy D, Washburn, Wiiliam 1!. Washburn, M'elker, Went- wo th. Williams, James F. Wilson, Stephen F. Wilson, Win- dom— lOa. Nays — Messrs. Ancnnn, Baker, Bergen, Lingham, Boyet, Biickland,ram7),'«7/, C/titnler, Cooper, Davis, Dawson. Defrees, Dinison, Kldrid/ji', F.ncl:, Glossbrenner, Goodi/ear, Hale, Aaron Harding, Al>ner C. Harding, Hawkins, jlise, Hogan, Chester D. Hubbard, Edwin iV. Iluhbell, Ilumphrry, Ifun- fcr, Johnson . Kq\so. Kerr, KnyUeiidall, Latham, Le Bbrnd, Leflwir.h, .Uarshall, McKee, jS'iblaclc, Xicholsnn, Radfard, SuntucU. Randall, William H. Randall, Raymond, lii/ter, Ror/ers, Ross, Slianhlin. Sttgrcaves, Btillwell, Sirouse, Tuber, Xalltaiiiii G. Taylor, Nflsnn TayUrr, Thmmtun, Andrew H. Ward, Whaley— 55. The bill then passed, as above. January 30 — The l>ill was vetoed. February 8 — The Senate passed it over tho veto — \'eas 30, naj^s S), as follow : Y'kas— .Messrs. Anthony, Brown, Chandler, Cragiii, Cres- well, Fogg, Fowler, Fridinghuysen. Grimes. Ilarri,*, Hender- son, Howard, Howe, Kirkwood, Lane, Morrill, Poland, Poiiier >y, K inisey, Ross, Sherman, Sprague, Stew.irt, Sum- ner, 1 rumbiili. Van \\ inkle, Wade, vVilley Wilson, Yates —no. Nays — Mess'S. Bm-l.alew, Davis, Doolittle, Foster, Hen- dricks, Morgin. Norton, Patterson, SauUbury — 9. February 9 — The House passed the bill — yeas 120, nays 44, as follow: Yeas — Messrs. Allisira, Anderson, .James M. Ashley, Banks, Barker, Baxter, Beaman, Eidwcll, Blaine, Blow, Boutwell, Braiidegee, Bromwell, Broomall, Buckland, Reader W. Clarke, Sidney Claike, Cobb. Cook, Cullom, Darling, Dawes, Delano, Demirig, Dixon, Dodge, Donnelly, Driggs, Dumont, Eekley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinucll,Griswold, Ahner C. Harding, II irt, Hayes, Henderson, Higby, Hill. Holmes, Hooper, Hotchkiss, John 11. Hubbard, James R. llubbell, Hulburd, IngersoU, Jonckea, Juliin, Kasson, Kcdlcy, Kelso, Ketchara, Kooiitz, Laflin, George V. Ijawreiice. William Lawrence, Loan, Longyear, Marslon. Marvin, Maynard, McClnrg, Mclndoe. McKee, McPvuer, Mercur, Miller, .Mo .rhead, Morrill, Morris, Moul- ton, Jiyers, Newell, O'Neill, Orth, Paine, Patterson, Per- ham. Pike. Plants, Pomeroy, Price, Williani H Randall, Ah'Nander H Kice, John 11. Rice, P.olHns, Sawyer. Schenck, -coiield, Shellabarger, Sloan, Spalding. Starr, Stevens, Stoke-*. Thayer. Francis Thomas. Trowhriilge, Upson, Van Aernam, Burt Van Horn. Bobert T. Van Horn, Hamilton Wiird, VNavner, Henrv D. Washbnro, William B. Washburn, Welker, Wcntworlh.' Whaley. Williams, James F. Wilson, Stc.dion F. Wilson, Wiiidom, Woodbridge,and Speaker Col- fax— 1 0. Nays — Messrs Camphe'l, Chanler, Cooper. Davis. Dawson, Ddiison, Eldridgc, Fivrk. Glossbrenner. Goodyear, Aamn Harding, Harris, Hawkins, Ilise. Edwin iV llubbell. Hunt- p'irrji, flnnter. Kerr Knykendall. Le Blond, Leflwich, Mar- shall, McCHlloi'gh, KibUtrl:, Kidiolson, Xoe.tl, Rai'/ord. Sam- mi J. Randitll, Raymond. Ritler. Rogers. Ro^f, Rousseau, Shanklin, Sitgreavis, .'^lillwell, Strouse, Tabcr, Kathaniei G. Taylor, X'lson Taylor, Thoi-nlon, Trimble, Andrew H. Ward, Winfuld—H. Whereupon the Speaker of the House ieclarei the bill to be a law. Veto of the Reconstruction Bill, March 2, 18B7.* To the House of Representatives : I have examined the bill " to provide for the more efficient government of the rebel States" with tiie care and anxiety which its trar^oend- ant importance is calculated to awaken. [ am * For copy of tho hill vetoed, see chap, xviii PRESIDENT JOHNSON S MESSAGES. 167 anabio to give it ray assent for reasons so grave, tliat I hope a staoement of them may ha.e some influence en the mlrnis of the patriotic and en- lightened men with whom the decision must ullimately rest. The bill places all the people of the ten States tliereiu named under the absolute domination of military rulers ; and the preamble undertakes to give the reason upon which the measure is based, and the ground u[ion which it is justilied. It declares that there exists in those States no legal governments, and no adequate protection for hie or property, and asserts the necessity of enforcing peace and good order within their limits. Is this true as matter of fact? It is not denied that the States in question have each of them an actual Government, with all the powers, executive, judicial, and legisla- tive, which properly belong to a free State. They are organized like the other States of the Union, and, like them, they make, administer, and execute the laws which concern tlieir do- mestic affairs. An existing de facto government, exercising such functions as these, is itself tiie law of the State upon all matters within its juris- diction. To pronounce the supreme law-malcing power of an established State illegal is to say that law itself is unlawful. The provisions which these Governments have made for the preservation of order, the suppres- sion of crime, and the redress of private injuries, are in substance and principle the same as those wiiich prevail in the northern States and in other civilized countries. They certainly have not suc- ceeded in preventing the commission of all crime, nor lias this been accomplished anywhere in the world. There, as well as elsewhere, offenders sometimes escape for want of vigorous prosecu- tion, and occasionally, perhaps, by the ineffi- ciency of courts or the prejudice of jurors. It is undoubtedly true that these evils have been much increased and aggravated. North and South, by the demoralizing influences of civil war, and by the rancorous passions which the contest has engendered. But that these people are main- taining local governments for themselves which habitually defeat the object of all government and render their own lives and property inse- cure, is in itself utterly improbable, and tiie averment of the bill to that effect is not sup- ported by any evidence which has come to my knovv'ledge. All the information I have on the subject convinces me that tlie masses of the south- ei'n people and tliose who control their public acts, while they entertain diverse opinions on questions of Federal policy, are comfdetely uni- ted in the effort to reorganize tlieir society on the basis of peace, and to restore their mutual prosperity as rapidly and as completely as their circumstances will permit. The bill, however, would seem to show upon its face tliat the establishment of peace and good order is not its real object. The fifth section declares that the preceding sections shall cease 10 ojierate in any State where certain events shall have happened. These events are — First, the selection of delegates to a State Convention by an election at whiclr negroes shall be allowed to vote. Second, the formation of a State Con- Etitution by the Convention so chosen. Third, the insertion into the State Constitution of a provision wliich 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, tlie submissionof the Constitu- tion for ratification to negroes aiid white men not disfranchised, and its^ actual ratification by tlieir 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 un^ier the new Constitu- tion. Seventh, the adoption of said amendment b}' a suflicient 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 fulfilled, then immediately the pains and penalties of the bill are to cease, no matter whether there be peace' and order or not, and without any reference to the security of life or property. The excuse given for the bill in the preamble is admitted 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 coercing the people into the adoption of principles and measures to which it is known that they are opposed, and upon which they have an undeniable riglit to exercise their own judgment. I submit to Congress whether this measure is not, indts whole character, scope, and object, with- out precedent and without authority, in palpable conflict with 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 rale over tiie peo pie; and he is to be supported with an elTicient military force to enable him to perform his duties and enforce his authority. Those duties and that authority, as defined by tlie third section of the bill, are, " to protect all persons in their rights of person and property, to suppress insur- rection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace or criminals." The power thus given to the commanding officer over all the people of each district is that of an absolute monarch. His mere will fe to take the place of all law. Tlie 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. Pie 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 iiindrance to whom he ])leases. Being bound bjr no State law, and there being no other law to regulate tlie .'aibjcct, he may make a criminal 1G8 POLITICAL MANUAL. cnie of liis own ; and he can make it as bloody as any recorded in history, or he can reserve the privilege of acting npon the impulse of his pri- vate passions in eacli 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 ])ersons are condemed whom he pronounces to be guilty. Ho is not bound to keep any record, or make any report of his proceedings. He may arrest his victims wherever he finds them, wicli- out warrant, accusation, or proof of probable cause. H' he gives them a trial before he inflicts the punishment, 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 such is not tlie case. The oiBcer " 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 bv 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 tliat " 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- ritv to organize it as he pdeases, prescribe its mode of proceeding, appoint its members from among his own subordinates, 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, afi- ]iarently 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 ]jrovides — First. That trials shall not be un- necessarily delayed; but I think I iiave shown that the power is given to punish without trial, p.nd 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 acqu'red a legal meaning by long use in the courts. Can it be expected that military officers will understand or follow a rule expressed in language so purely technical, and not pertaining in the least degree to iheir profession? If not, then each office- may define cruelty according to liis own temper, and if it is not usual, he will make it usual. Corporal punishment, imprison- ment, the gag, the ball and chain, and the al- most insupportable forms of torture invented for military punishment, lie within the range of choice. Third. The sentence of a commission is not to be executed without being approved by the commander, if it affects life or liberty, and a sentence of death must be approved by the Pres- ident This applies to cases in which there has been a trial and sentence. I take it to be clear, 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 lil'e of the condemned may depend upon the will of two men instead of one. It is ['lain that the authority here given to the military officer amounts to absolute despot- ism. But, to make it still more unendurable, the bill provides that it maj' be delegated to as many subordinates as he chooses to appoint ; for it declares that he shall "punish or cause to be punished." Such a power has not been wielded by anj' monarch in England for more than five hundred years. In all that time no people who speak the English language have borne such servitude. Il reduces the v.diole 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 maj' be answered to this that the officers of the Army 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 other class of men. But the history of the world has been written in vain, if it does not teach us that unrestrained authority 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 theui as the representatives of a distant power, and more especially 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 *' em to the southern de- partments of the republic. The massacres, njur- ders, and other atrocities which they committed show what the passions of the ablest men in the most civilized society will temrit 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 dopi 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 law author- ity, and, if they submit to it, he hates fc-hem foi their servility. PRESIDENT JOHNSON S MESSAGES. 169 1 corne now to a question which is, if possible, fitill more important. Have we the power to estal)lish and carry into execution a measure like this? I answer, certainly not, if we derive our authority from the Constitution, and if we are bound by the limitations which it imposes. This proposition is perfectly clear — that no branch of the Federal Government, 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- thoritj' more than private citizens, and within it we have 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 r ght to do in one [dace, more tlian in another, that which tlie Constitution sa3's we shall not do at all. If, therefore, the southern States were in truth out of the Union, we could not treat their people in a way which the fundamental law forbids. Some jiersons 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 jieople — 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 arbitrar}' despotism. When an absolute sovereign reduces his rebellious subjects, he may deal witli them according to his pleasure, because he had that power before. But when a limited monarch puts down an insurrection, he must stil'l govern according to law. If an insurrec- tion should take place in one of our States against the authority of the State government, and find in the overthrow of those who [ilanned it, would that take away the rights of all the people of the counties where it was favored by a jjart 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 applying its coercive power directly to individ- uals ; and tluit it could put down insurrection with the same effect as a State, and no other. The opposite doctrine is the worst heresy of tliose who advocated secession, and cannot be agreed to without admitting that heresy to be Invasion, insurrection, rebellion, and domes- tic violence were anticipated when the Govern- ment was kanied, ami themeans of repelling and Bup[>ressing them were wisely provided for in the Constitution ; hut it was not thouglit neces- sary to declare that the States in which they might occur should be expelled from the Union. Rebellions, which were invariably suppressed, occurred prior to that out of which these ques- tions 2row ; hut the States continued to exist and the Union remained unbroken. In ^lassa- chiisetts, ill 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 ; but the relations of tliose States with the Federal Government were not supposed to be interrupted or changed iherel.)}', 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- sion of a determination to withdraw from the Union, but it is also true that in the soiiiliorn States the ordinances of secession were treaied by all the friends of the Union as mere nulliiies, and are now acknowledged to be so by t!ie 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 the Union, we sweep from under our feet nil the grounds upon which we stand in justifying the use of Federal force to maintain the integrity of the Government. Tins 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, areojien, and in the full exercise of their proper authority. Over every State comprised in these five military districts life, liberty, and property are secured by State laws and Pederal laws, and the national Constitution is every- wliere 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 waj' of preamble that no legal State governments "nor adequate pro- tection for life or property," exist m those States, and that peace and good order should be thus enforced. The first thing whicli 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 jiause 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 tlie 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 consequence 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 /aw can be properly applied. If, in foreign invasion or civil war, the courts are actually closed, and 170 MJTiCAL. MANUAL. it is impossible to administer criminal justice according to law, tiien, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority thus overthrown, to preserve the safely of the Army and society ; and as no power is left but the niilitary, 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: "Wo by no means assert that Congress can es- tablish and apply the laws of war where no war has been declared or exists. Wiiere peace ex- ists, the laws of peace must prevail." This is sutSciently explicit. Peace exists in all the ter- ritoiy to which this bill applies. It asserts a piower in Congress, in time of yieace, to set aside the laws of ]ieace and to substitute the laws of war. The minority, concurring with the major- ity, declares tliat Congress does not possess that power. Again, and, if possible, more emphatic- ally, the Chief Justice, with remarkable clear- ness and coudensation, sums up the whole matter as follows : " There iire iiinkT tlie Ciinstitutiou fliree kinds of military jtirisdictioii — one to bo cxeiciscil both in jM'iice and war; auoiher to be e.xercised in (Inie of foreign war wiibout the boundaries of the United Stati s, or iu lime of rebellion and civil war within States or districts occnpied by rebels treated a.-i lielligerc'Mts: and a tliird to be I'xercised in time of inva- sion or insnirec ti u within the Unjits of the United States, or dnrinp; leb llion with n tlie limits of the States main- taining »dlie,sion to the naional Government, when tlie public danger requires its exercise. Tlie first ot these m:iy be called jurisdiction under Military Law, and is tound iu acts of Congress iirescribing rules and articles of war, or otherwise pri;viding for the guvernment o! the national forces; the second may be distingni-lied us Military Gov- ernment, .superseding, as far as may be dc:-nied expedient, the local law, and exercised by thva.sion, or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures public safety and private li-lits.'' It will be observed that of the three kinds of military jurisdiction v/hich can be exercised or created under our Conslitutiou, there is but one that can prevail in time of peace, and that is the code of laws enacted by Congress for the govern- ment of the national forces. That body of mil- itary law iias no application to the citizen, 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, whilst, con- trariwise, the military law j)rovided by this bill applies only to the citizen and not to the sol- dier. I need not say to the Representatives of the American people that their Constitution forbids the exercise of judicial power in any wav but one; that is, by the ordained and established courts. It is equally well known that in all criminal ca«es a trial by jury is made indispen- sable \>y the express words of that instrument. I will not enlarge on liie inestimable value of the right thus .secured to every freeman, or flpeak of the danger to public liberty in all parts ojf the country which must ensue from a denial *r it anywhere ur upon any pretense. A very recent decision oi the Supreme Court has tiaoed the history, vindicated the dignity, and made known the value of this great privilege so clearly that nothing more is needed. To what extent a violation of it might be excused in' time of war or public danger may admit of discussion; but we are providing now for a time of profound peace, where there is not an armed soldier within our borders except .those who are in the service of the Government It is in such a condition of things that an act of Congress is proposed which, if cavried out, would deny a trial by the lawful courts and juries to nine millions of American citizens, and to their posterity for an indefinite period. It seems to be scarcely possi- ble that any one should seriously believe this consistent with a Constitution which declares, in simple, plain, and unambi^^uous language, that all persons shall have that right, and that no person shall ever in any case be deprived of it. The Constitution also forbids the arrest of the citizen without judicial warrant, founded on probable cause. This bill authorizes an arrest without warrant, at the pleasure of a military commander. The Constitution declares that " no person shall be held to answer for a capital 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 be deprived of life, liberty, or property witlioutdue process of law." This bill sets aside all process of law, and makes the citizen answerable iu his person and property to the will of one man, and as to his life to the will of two. Finnlly, the Constitution declares that 'the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it ;" whereas this bill declares martial law (which of itself suspends this great writ) in time of peace, and authorizes the military to make the arrest, and gives to the prisoner only one privilege, and that is a trial " without unnecessary delay." He has no hope of release from custody, exceyit the hope, s;;ch as it is, of release by acquittal before a military coiamission. The United States are bound to guarantee to each , State a republican form of government. Can it be pretended that this obligation is "ot palpably broken if we carry out a measure like this, whicli wipes away every vestige of repub- lican government in ten States, and puts the life, jiroperty, liberty, and honor of all the people in each of them under the domination of a single per.-^on clothed with unlimited authority? The I'arliament of England, exerci.sing 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 crimes by legislative enactment. The person accused had a hearing, sometimes a patient and fair one; l)Ut generally party prejudice prevailed, instead of jus;,ice. it often beearae necessar}- for Parlia- ment to acknowledge its error and reverse its owa action. The fathers of our countrj' determined that no such tiling should occur here They withheld the power from Congress, and thus for- bade its exercise by that body ; and they pro* PRESIDENT JOHNSON S SPEECHES. 171 vided in the Constitution that no State should pass any bill of attainder. It is, therefore, impos- sible lor 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 millions 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- lowed bj^ the most ignominious punishment ever inflicted on large masses of men. It disfran- chises them by hundreds of thousands, and de- grades them all, even those who are admitted to be guiltless, from the rank of freemen to the condition of slaves. The purpose and object of the bill, the general intent which jiervades 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 regulations 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, bat compels them, as well as the whites, to use it in a par- ticular way. If they do not form 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- canizing 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- clare," that the Federal Government has no juris- diction, authority, or power to regulate such subjects for any State. To force the right of suffrage 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 put in place. The dread alter- native between its harsh rule and compliance with the terms of this measure is not suspended, nor are the people afforded any time for free de- liberation. The bill s.ays to them, take martial law first, tJten deliberate. And when they have done all that this measure requires them to do, other conditions and contingencies, over whicli they have no control, yet remain to bo fultiUed before tlicy can be relieved from martial law. Another Congress must first approve the consti- tutions made in conformity with the will of this Congress, and must declare these Gtt.tes entitled to representation in botli Houses. The whole question thus remains open and unsettled, and must again occupy the attention of Congress, and in the meantime tlie agitation which now prevails will continue to disturb all portions oi the people. The bill also denies the legality of tho gov- ernments of ten of the States which participated in tho ratification of the amendment to tho Federal Constitution abolishing slavery forever within the jurisdiction of the United States, and practically excludes them from the Union. If this assumption of the bill be correct, their con- currence cannot bo considered as having been legally given, and the important fact is made to appear that the consent of three-fourths of the States — the requisite number — has not been con- stitutionally obtained to the ratification of tbat amendment, thus leaving the question of slavery where it stood before the amendment was otnci- ally declared to have become a part of the Con- stitution. That the measure proposed by this bill does violate the Constitution in the particulars men- tioned, and in many other waj^s which 1 forbear to enumerate, is too clear to admit of the least doubt. It only remains to consider whether the injunctions of that instrument ought to bo 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 freo government which we can hope to have as a na tion. When it ceases to be the rule of our con duct, we may ]ierhaps take our clioice between complete anarchy, a consolidated despotism, and a total dissolution of the Union ; but national liberty, regulated by law will have passed be- j'ond 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, liabits, 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 tho au- thority of tlie States as the guardians of indus- trial rights, it i.s " the sheet-anchor of our safety abroad and our peace at home." It was ordained " to form a more perfect union, establish justice, insure domestic tranquillity, promote the general welfare, provide for the common defense, and secure the blessings of liberty to ourselves and to our posterity." These groat ends have been attained heretofore, and will be again, b}' faith- ful obedience to it ; but they are certain to he lost if we treat with disregard its sacred obliga- tions It was to punish 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 wliich is not worthy of respect and preservntion ? Those who advocated the right of secessioa alleged in their own ju'^ification that we had no regard for law, ami that their rights of property, lile, and liberty would not be safe 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 dislionoring name of traitors against a righteous and legal Government, we elevate them in Iiis- torv to the rank of seJf-sacrificin t patriots, con- accratc thom to tlie admiration of the world, and place 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 a? tliey 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 histor}', which can never be forgotten, that both Houses of Congress, in July, IScJl, declared, in the form of a solemn resolution, that the war was and should be car- ried on for no purpose of subjugation, but solely to enforce the Constitution and laws; and that when this was yielded bjf the parties in rebel- lion, the contest should cease, with the constitu- tional riglits of the States and of individuals unimpaired. Tliis 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 tlie Nortli, as expressing honestly and truly the object of the war. On the faiih 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 riglits 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 extuse, and to which 1 cannot voluntarily become a party. The evils which spring from the unsettled state of our Government will be acknowledged by all. Commercial intercourse is impeded, capi- tal is in constant ])eril, jiublic 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 v/ill 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 enougli 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- Btrument are those which declare that "each State shall hare 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." Tlius, as heretofore urged, " in the admission of Senators and Representa- tives from any and all of the States, there can *TIiis H II it qui to accurate. There were (ivo ncKiilive Tot's in till! f-'cn lie. (Seo . enato .lounial, 1st fJess. COlhCoB- gtesd, puga 92.) be no just ground of apprehension that persona 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." " When a Sena- tor or Representative pres&nts 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 appropria(e committee. If admit- ted to a seat, it must be upon evidence satisfac tory to the House of which he thus becomes a member, th.it 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 loj-alty 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 requirements 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 farther agita- tion or delay, is a willingness on the part of all to sustain the Constitution and carry its pro- visions into pracfical operation. If to-morrow either branch of Congress would declare that, upon the presentation of their credentials, mem-- hers constitutionally 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 if, at the same time, assurance were given that this policy would be continued until all the States were represented in Congress, it would send a thrill of joy throaghout 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 wliich must affect all parts of the country, not only daring 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 Fortieth 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, tlie law which it violates, or the institutions which it imperils. Akdrew Johnson. WAsniKGTON, March 2, 1867. The votes on this bill were as follow : In House. 18G7, February 20 — The bill passed finally, aa afcove — yeas 128, nays 46, as follow: PnL'SIDEXT JOll^'SON S MESSAGES. Yeas— Messrs. Alley, Allison, Ames. Aiidrrson, Ariicll, Dcloi i;. .'shley, James M. Asliley, Uaker. BaUhvin. Bauks, Jiarlcer, B.ixtci, Beaman, Bonjaniiii, Biducll, Biiigliaiii, Blaine, Blnw, Bcnitwell, Branciegee, r>roiiiWfll, Brooniall, CucklaMtl, Buiidy, Re.acler W. Clarke, Sidney Clarke, CoLib, 'Jook. (uilnm. Darling, Davis, Dawes, Defrees, Delano, Dcinin;.', iJl.XDii, D()d','e, Donnelly, Dnniunt, Eggiosion, Eliot, Farriswortli, l-'arquliar, Ferry, Garlield, Crinnell, Uris- wokl, Aliiur C. Harding, Hart, Ihues, Henderson, Iligby, Hill, ll'.hnes, Hooper, Hotchkis-', Chester D. liubliard, Dema; Iliibl.iard, jr , John H. Hulibard, lliilluird, Iiigersoll, JU'ian, Kasson, Kelley, Kelso, Ketclmin, Kooiitz, l.atiin, Geiirgo V. Lawrence, William Lawrence, Loan, Lungyear, l-yncli. Marvin, Maynard, McCliirg. Mclndoe, JIcKee, Me- iuer, Mereur, Miller, Moorhead, Morris, .Moulton, Myers, (( e\vell,0'Xeiil,Orth, Paine. Pattei son, I'erliam, Pike, P.ants, •omeroy. Price. Uaymonl, Alexander H.Kice, Joliii H.Kice, 5ollins,'!lacl:, J^t icholson, Noell, Phelps, Radford, SnmudJ. Randall, Ritter, lingers, Rors,'Ronssenu,Shankl in, Silgreoves, Stillwell, Slrouse, 'I'uber, Nathaniel G. Taylor, Nelson Taylor, Thornton, Trimble, Andrew H. Ward, Winfield, Wright — 51. Same day — The Senate re-passed it — yeas 38, nays 10, as follow: Yeas — Messrs. Anthony, Cattell, Chandler, Conness, Cra- gin. Creswell, Edmunds, Fessenden, Fogg, Foster, Fowler, Frelinghnysen, Grimes, Harris, Henderson, Howard, Howe, Johnson, Kirkwood, Lane, Morgan. Morrill, Nye, Poland, Piimeroj', Ramsey, Ross, Sherman, Spragne, Stewart, Sum- ner, Trumbull, Van Winkle, Wad-e, Willey, Williams, Wil- eou, Yates — ■'>S> Nays — Messrs. Buckaleiv, Cnivrm, Davis, Dixon, Doolittle, Hendricks, Ncsmiih, Norton, Pat Irr son, SmUbury — 10. Whereupon the PresI'DKNt of the Senate dn- clared the bill to be a lav/. Veto of the Civil Tenure Bill, March 2, 1867. 2\j tJie 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 the firstsection, and isof the elfect following, namely : " That every person holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every 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 asuccessor shall have been ."^pointed by the President, with the advice and consent of the Senate, and duly qualified ; and that the Secretaries of State, of tlie Treasury, of War, of the Navy, and of the Interior, the Postmaster General, and the Attorney General, shall hold their offices respectively for and during the term of the President by whom they may have been appointed, and for one month thereafter, subject to removal by and with the advice and consent of the Senate." These provisions are qualified by a reservation in the fourth section, " tliat nothing contained in the bill shall be construed to extend the term 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 strong impli- ca.tion, but, on the contrary, had distinctly ]iro- vided for removals from office by impeachment only. A construction which denied the power of removal by the President was further maintained by arguments drawn from the danger of the 174 POLITICAL MANUAL. abufi" fif tlio power ; from tho supposed tendency ot an c-xpo-ure of public officers to capricious removal to impair the efficiency of the 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 §art of the President; and from au imagined efect of guaranties against a vicious President who might incline to abuse the power. On the other hand, an exclusive jiower of removal by the President was defended as a true exposition of the text of the Coii»titution. 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 be confined from warding off the evil? Suppose a person in offii-e, not possessing the talents he was judged to have at the time of the appointment, is the error not to bo corrected ? Suppose he acquires vicious habits and incurable indolence, or total neglect of the duties of )iis office, which shall woilc mischief to the public welfare, is there no way to arrest the threatened danger ? Suppose he becomes odious a,nd unpop- ular, by reason of the measures he ];)urrtues— 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 afi'airs to the preci]iice 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. barelj'- confining himself within the letter of the law, is employecl in drawing olY the vital principle of the Govern- ment? The nature of tfiings, the great objects of society, the express objects of tho'Constitiition 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 {ilaco when the Senate is not in session, how is the remt'dy to be applied ? The evil could be avoided in no other way than by tlie Senate sit- ting ahvays." In rejijard to the danger of the [lower being abused if exercised by one man, it v/as said " that the danger is as great with respect to the Senate, wlio are assenibled from various parts of the continent, with different impressions and opinions ;" "that such a body is more likely to misuse the power of removal ilian the man whom the united voiceof America calls to the presidential chair. As the nature of government requires the power of removal," it was maintained " tliat it should be exercised in this way by the hand capable of exerting it- sf the records, books, and papers appertamitig to the oihce when the head of the Department should be rmnoved from office by the President of tlie United States. "When the Navy Deriartment was established, in the year 1796, ])rovision was made lor the charge and custody of tiie bool^:s, recoi'ds, and documents of the De- partment in case of vacancy in the oflice of Sec- retary by removal or otherwise. It is not here said " by removal of the President," as is done with respect to the heads of the other Depart- ments, yet there can be no doubt that he holds his olTice with the same tenure as the other Sec- retaries, and is removable by the President. The change of phraseology arose, probably, from its liaving become the settled and well-understood construction of the Constitution that the power of removal was vested in the President alone iu such cases, although the appointment of the of- ficer is by the President and Senate. (13 Peters, page 139.) Our most distinguished and accepted commen- tators upon the Constitution concur in the con- struction thus early given by Congress, and thus sanctioned by the Su[)reme Court. After a full analysis of the congressional debate to which I have referred, Mr. Justice Story comes to this conclusion: "x\fter a most animated discussion, the vote finally taken in the House of Repre- sentatives was afiirmative of the power of re- moval in the President, without any co-operation of tlie Senate, by the vote of thirty-four mem- bers against twenty. In the Senate, the clause in the bill affirming the power was earned by the ca-ting vote of the Vice President. That the final decision of this question so made was greatly influenced by the exalted character of the President then in office, was asserted at the time, and has always been believed, yet tlie doc- trine was opposed as well as supported by the highest talents and patriotism of the country. The public have acquiesced in this decision, and it constitutes, perhaps, the most extraordinary case in the histor}^ of the Government of a power conferred by implication on the Executive by the assent of a bare majority of Congress, which has not been questioned on many other occa- sions." Tlie commentator adds: "Nor is this general acquiescence and silence without a satis- factory explanation." Chancellor Kent's remarks on the subject are as follows : "On tlie first organization of the Government it was made a que-tion wliftlicr the power of removal In case of otticers appointed to hold at pleasure resided nowliere but in the body which appointed, and, of course, whether the consent of the Senate was not requisite to remove. This was the construction given to the tonstitution while it was peudini^ tor ratifiiiition before the Stnte conventions, ly the author of the Federalist. But the construction which was given to the Constitution by Coiigri'ss, after great consideratiun and discussion, was different. The woids of the act (estab- lishing the Treasury Department) are: 'And wheue^er the same shall be removed from uffico by the fresident of the United States, or in any other case of vacancy in the office, the assistant shall act.' This amounted to a legislative con- Btructiun of the Constitution, and it has ever since bef-n acquiesced in and acted upon as a decisive aulliorit.v in the eise. It applies equally to every othei oflicur of the Got ernmcnt appointed Iiy the President, wlifs.- terra of dura- tion is not specially di-clared. It is siipperled bv the \vcii;liiy reason that the subordinate officers m the executive ili pai t- nient ought to IniUI at the pleasure of the IkiuI at' ibe .!(- (lartinent, becaiise he is invested gcnt-rallv wiili lln- exi'cii- tivo authority, and tlie participation in that anthoi ity i.y the Senate was an exception to a geneml piim iple and ought to be taken strictly. The rri'sident is the great responsible officer for the faithful execniion of the law, and the power of removal was incidental to thatduty,unU might often be requisite to fulfill it." Thus has the important question presented by this bill been settled, in the language of the late Daniel Webster, (svho, while dissenting from it, admitted that it was settled.) by constructioii, settled by precedent, settled by the jiractice of the Government, and settled by statute. The events of the hist 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 sj'inyiathizers, were found in every Department of the Govern- ment, as well 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 judicial service; in tlie post office, and among the agents for con- ducting Indian affairs. Upon probable suspicion they were promptly displaced by my predeces- sor, so far as they held their offices under exec- utive authority, and their duties were confided to new and loyal successors. No complaints against that power or doubts of its wisdom were entertained in any quarter. I sincerely trust and believe 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 raise an effort to hinder, or embarrass, or defeat, the legitimate action of this Govern- ment, whether by preventing the collection of revenue, or disturbing the public peace, or sep- arating the States, or betraying the country to a foreign enemy, the pov/er of removal from office by the Executive, as it has heretofore existed and been practiced, will be found indispensable. Under these circumstances, as a depository of the executive authority of the nation, I do not feel at liberty to unite 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 of the Constitution of the United States, as a new anl peculiar system of free representative govern- ment, was held doubtful in other countries, and was even a subject of patriotic apprehension among the American people themselves. Atrial of nearly eighty years, through the vicissitudes of foreign conflicts and of civil war, is confidently regarded as having extinguished all such doubts and apprehensions for the future. During that eighty years the people of the United Stales have enjoyed a measure of security, peace, prosperity, and happiness never surpassed by any nation. It cannot be doubted that the triumphant suc-^ cess of the Constitution is due to the wonderfu' wisdom with which the functions of government were distributed between the three principal De- partments — the legislative, the executive, and the judicial— and to the fidelity with which each rOLITICAL MANUAL. hits confined itself or been confined by the gen- eral voice of the nation within its peculiar and jiropcr sphere. While a just, proper, and watch- ful jealousy of executive power constantlj- pre- vails MS it ought ever to prevail, yet it is equally true that an ethcient Executive, capable, in the language of the oath prescribed to the President, of executing the laws, and, within the sphere of execuiive action, of preserving, protecting, and dnfcuding 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 tliu.s far failed in fully securing to their people the benefits which we have derived from our system, it mayte confidently asserted that their misfortune has resulted from their unfortu- nate failure to maintain the integrity of each of the tbree 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 establishf>d. I know no other 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 adaptation.? as may become necessary, always to be effected, however, thruagh 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 repuljlican government is established, the proper course seems to be to renew the original spirit and forms of the Constitution itself. Andrew Johnson. Washington, March 2, 1867. Copy of the Bill Vetoed. An Act regulating the tenure of certain civil offices. He it enacted by the Senate and House of Jirp- rescntaiives of the United States of America in Congress a.ssembled. That every person holding any civil office to which he has been appointed by and with the advice and consent of the Sen- ate 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: Fro- vidcd, That the Secretaries of State, of the Treasur}', of War, of the Navy, and of the In- terior, the Postmaster General, and the Attorney General shall hold their oflices respectively for and during the term of the President by whom they may have been appointed, and for one month thereafter, subject to removal by and with the advice and consent of the Senate. Sec. 2. That when any officer appointed as aforesaid, exce[iting 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 b'^come incapable or legally disqualified to perform its duties, in such case, and in no other, the President may suspend such officer, and designnte 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 duty of the President, within twenty days after the first day of such next meeting of the Senate, to report to the Senate such suspension, with the evidence and reasons for his action in the case and the name of the person so designated to 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- pended ihall forthwith resume the fu actions of his office, and the powers of the perscn so per- forming its duties in his stead shall i;case, and the official salary and emoluments of s ich officer shall, during such suspension, belong to the per- son so performing the duties thereof, and not to the officer so suspended : Provided, however, That the President, in ca?e he shall become satisfied that such suspension was made on insufficient grounds, shall be authorized, at any time before reporting such suspension to the Sena'e as above provided, to revoke such suspension and rein- state such officer in the performance of the duties of his office. Sec. 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 tlio Senate, such office shall remain in abeyance without any salary, fees, or emoluments attached thereto, until the same shall be filled by appointment thereto, by and with the advice and consent c^ the Senate ; and during such time all the powers PRESIDENT JOHNSON S MESSAGES. 177 and duties belonging to such office shall be exer- ci^ed b\' i^iMh other offii-er as may by law exer- cise such fiovvers and duties in case of a vacancy in sucli offii-e Sec. 4. That nothingin this nctcontained shall be construed to extend tlie terni of any office the duratinii of wliicli is liiiiited by law. buc. T). Tliat if any jierson shall, contrary to the provisions of this act, accept anj- appoinrnent to or eiiijilnyment in any office, or shall hold or exercise, or attempt to hold or exercise, any such office or employment, he sliall be deemed, and is herebv declared to be, guilty of a liigli misde- meanor, and, upon trial and conviction thereof, lie shall be punished therefor by a fine not ex- ceeding ten tliousMnd dollars, or by imprison- ment not. exceeding five years, or both said pun- islirnents, in the discretion of the court. 8ec. 6. Tliat every removal, appointment, or employment made, had, or exercised, contrary to the provisions of tiiis act, and the making, signing, sealing, countersigning, or issuing of any commission or letter of authority for or in re spect to ;iny such appointment or employment, shall ho deemed, and are hereby declared to be, high misdemeanors, and, upon lrinl and convic- tion thereof, every person guilty thereof sliall be puni.l.eitT, Van H..rn, llaniilton VV:iid, Warner, William IJ, Wasliljiirn, Welker, Weritwoi til, Williams, .James F, Wilson, Stephen F. Wilson, Winilom, Woodbiidge— 112. Nays — Messrs. Ancniiii, Bei-ijpti, Bnyer, Camph II. Chavhr, Cnoiier. Danfoii, Ihnixoii. KIdriige, Finck, Gl Sfbrcnticr, Aarim Iluidhig, Ihtnix, Hawkins, //ise, lfunip',rtij. l/imfcr, Kerr, Lai ham, Le Blind. LeJ'wih, Mcf'u\h)ag'i, SibUtck, iMdiol^dii, lladt'ird, Stimwl .1. Ilir.seau, IShniilhn, Sitgreiive", Stillicell, laher. A'a- tliwidd Titiiliir,NtUnn T'ljlnr, Thornton, 'Trimble, Andrew II. Ward, \\ha.hy. Wright— i\. March 2— The bill was vetoed. Same day — The Senate re-passed it — yeas 35, nays 11, as follow : Ye\s — Messrs. Anthony, Cattel], Chandler, Conness, Cra- gin, E Ininnds, Fessenden, Fogg, Foster, Fowler, t'reling- liiiysen. Grimes, Harris, Hendeison, Howard, Kirkwood, Line, Morgai, Morrill, Nye, Poland, Pomeroy, Itamsey, Ross. Sherman, Spragne, Stewart, Snmner, Trumlnill, Van Winkle, Wade, Willey, Williams. Wilson, Yates— 35 Nays — Messrs. Huckiilew, Cnwuv, D.in's. D xnn. DnnUttle, III ndrickf, Johnson, yesmitli, Norton, latlf.rson, SauUbury —11. Same day — The House re-passed it — yeas 138, nays 40, as follow : Yi;as — Messrs. Alley, Allison, Ames, Anderson, Arnell, Delos R. Ashley, .lames .M. Ashley, Baker, lialdwin, Banks, Barker, Ba.\ter, Heanian, Benjamin, Bidwell, ISin-hani, lilaiiip, Blow, Pontwell, Brandegee, Proniwell, Broomall, Bncklind, lundy. Reader W. Clarke, Sidney Clarke, Cohb, Coiiklint', Cook, Cullom, Darling, Davis, Oawes, Defrees, Delano, Deming, Di.xon, Dodge, Donnelly, Driggs, Duniont, Keklev, Kggleston, Eliot, Farnswortli, Farquliar, Kerry, Gar- field, "Griimell, Griswold, Hale, Aimer (J. H.iiding, Hart, Hawiiiiis, Haves, Henderson, lligb-v. Hill, H(dnies, Hooper, Hotclikis,s, Asahel W. Hubbard, Chester D. Hubb^iid, J(dm H Hiibbard,,'ames R. Hubbell, Hnlbnid, Ingersoll,.Jenckes, Julian, Kasson, Kelley, Kelso, Ketch ^m, Kooutz, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lyiuh, Marquette, Marston, Marvin. Maynard. McClurg, Mclndoe, McKoe, McRner, Meicur, Miller, .Moorhead, Mor- rill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, 178 POLITICAL MANUAL. Pattci-son, Pfiham, Pike. Plant', PrvitiTov, Price, William ll. Kaiidull, K:ivnii>iicl. Alexaixl.T H. Hice, .lolin 11. Ri.e, Rollins, Savvve'r, Sclienrk. ScofiiM, Stiellal)art,'or, Sloan, Spaldina, Sti.rr, !«ti, Tliintfi-. ./ojics-. Latham, Le l!hm /, L-fwi'-li. M rsliiiU. McPul- Inug'i. Aihlu'h; Aichnlsov, Unilf rd, SamiielJ. Rnvdill. llit- tn; Il-geif, J'nss, Slianklin, .S'iV^/cuf-.v, SIroiise. Taher. A' Isrm Tayf-r, T/iorntim, Tnmblf, Andrew II. Ward, Wii'fidJ, Wright— IX Wherniinon tlie Speaker of the House declared tlie bill to be a law. Message Accompanying the Approval of the Army Appropriation Bill, March 2, 1867. To the llounc of Iiq>rcscn(atir('S: The act ontith_'d "An act making appropria- tions for tlie support- of the Army for the j-ear ending June 30, 1808, and for other purpose.s," contains jirovisions to winch 1 must call atten- tion. The.'^e provisions arc contained in the second seciion, which in certain cases virtually deprives the President of his constitutional functions as Commander-in-Chief of the Army, and in the sixth section, which denies to ten States of the Union ilieir constitutional right to protect them- selves, in any emergency, by means of their own militia. These provisions are out of [dace in an appropriation act. I am compelleii to defeat tnese necessary appropriations if I withhold my signature from the act. Pressed by these con- siderations I feel constrained to return the bdl with my signature, but to accompany it with my protest against the sections which I have indicated. Andrew Johnson, Wasuington, March 2, 1SG7. Tlie section? complained of are these : Sec. 2. Tiiat 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 inaliility, through the text in rank. The General of the Artny shall not be removed, sus- pended, or relieved from command, or assigned to duty elsewhere than at said headquarters, exce[iL at his own request, without the previous approval of the Senate; and any orders or in- 6tru<:t,iotis relating to rnilitaiy oj)erations issued contrarjf to the requirements of this section shall be null and void ; and any officer who shall issue ordeis or instructions contrary to the pro- visions of this ssction 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 issued, shall be liable to imjiris- onment for not less than two nor more than twentj' years, upon conviction thereof in any court of competent jurisdiction. Sec. 6. Tiiat all militia forces now organized or in service in eitberof theStatesof Virginia.North Carolina, South Carolina, Georgia, Florida, Ala- bama, Louisiana, Mississippi, and Texas, be forth- with disbanded, and that the further organization, arming, or calling into service of the said militia forces, or any part thereof, is liereoy yiroliibited under any circumstances whatever, until thesanie shall be authorized by Congress. In House. Pending this bill, February 20 — Mr. Bingham 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 a[)proval of the Senate; which was disagreed to — yeas 62, nays 69, as follow : Ye4* — Messrs. Ancnwi, B<'-//cn,Biiigh.im, Biickland, Comp- bell, ''ofiper. Itarlintr, Davis. Uawcs, Daws'ni, DenUrm, Eld- ridfie., Fari)uliar, Finck. Clnas.renne.-. (,'oni!i/e:ir, Aarnit Hardinii, llawkin", H'^e, Hik/hv, Filujin jV. Iluhlirll. .J:imej R. HiiMicll, Ilampliry, lliudir, KctLluini, Knvk'iidill Laflin, C.^.r-e V f.awrenc-e, I.e lilnnd, Lefirirh. L...an, Marshall, Marvin, McCulliaiqh McUuer, Mnoi'lu.ad, Nih''"-!:, Nlclmbnii. JVoell, PInOp^, Pike, Pomerov, lia'/ford, S rniveU. liandidl, ll:iy\miui\, Hillerliix/ers, Ifn.^s, Rousseau, Sehenik, f!''iii>k-lin, Sih.reave^, Ttihe.r, N Ih -vlel G TdiIh; Th-iypr. Tlinrnt — Messrs. Alley, Allison, Ames, Arnell, Deloa R. Asbley, .lames M. .^slilcy. Baker, Barker, Baxter, Beaman, Benjamin. Bidwell. Blaine, Bontwcdl, L.andegee, lironiwell, Br oniall. Bniidy, Reader W. Clarke, i-'idney Clarke, Cook, Willnni A.Darling.Dodse, Donnelly, E'j;gleston, Eliot. Fanis- wortb, Faripili.ir. AbiierC. Harding;, Il.irt, IleniUixiii Ilig- by. Hill, Holmes, Hooper, Ilotelikiss, Demas Hnlibard. jr., .loi'ii 11. Hubbard, .lames 11 Hubbell. Ingeisoll, .luliaii. Kelley, Kelso. Koontz, Laflin, George V. Lawrence, Wil- liam l,mvrence, l.ongyear, Lyiieli, Marston, Mayiiard. Mc- 1 Cling, iMcIndoe, McKuer. .Merciir, Miller, Moorliead. M.ul- ! t(ui. Myers. Newell, 0" \eill, Ortli. Paine, Patters.. n. Perliam, [ Pike, Plants, I'lunerov, Price, Jparent, tlieretore, that these provwioiis do not conform to the standard of rfmiblicniiisiii which Contrresf; seek^ to establish. That there may be no mi-take, it is f)nly neccs- Bary that reference sliould be made to t lie original alate the millions of our fellow- citizens of the South, with no alternative left but to imyioseupon themselves this fearful and untried exfieiiment 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, de[irived of all the sai-red gua'\anties 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 whii-l) anv people can be reduced. It is true that tliev have been engaged in rebellion, and that, their object being a sejiaration 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 imperil- ing the integrity of the Government, I did not hesitate to urge the adofition of all measures necessary for the suppression of the insurrection. After a long and terrible struggle, the efforts of the Government were triumfihantly successful, and the peo[ile 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- dereu, 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 me, was the ausnicious time to commence the work of reconciliation; then, when the people soaghf once more our friendship and protection, I con- sidered it our duty generously to meet tliem in the spirit of charity and forgiveness, and to con- quer them even more effectually by the magnan- imity cl the nation than by the force of its arms. I yet believe that if the policy of reconciliation tinen inaugurated, and which contemplated an early restoration of these [)eO[)le to all their j>o- 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 am-hored in the Union, and the great work which gavs the war all its sanction, and made it just and holy, would have been accomplished. Then, over all tlie vast and I'ruitful regions of tlie 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 proncninced by Daniel Webster, when speaking of the South American States, as a '• movement indeed, but a retrograde and flisas- trous movement from the regular and old- faslnoneil monarchical systems," and hei'dded: "If men wonM enjoy tlie tilessiiigs nf repul^lican gdvcrn- nieiit, they must pnviTii Hieniselvcs by renson. l>y mutual counsel iind consiilt.itinn. by :i sense ami leeliiiR of •;. iieraJ iiit>rest, anii l)y t' e aciiniesceiice nf the minority in I lie will of the inMJoritv. properly expies.'ieil : and. above all, he niili- tnry lnu^t be kejit. aoconling to (he laiigiiaiie of our l>ill of rights. iiiMt'ict sulioidiii;itioii to the civil authority. Wlieri'- ever 'his lesson is not bolli learned and practised, there can be no political frei'di tn. Ab nrd, pn-posteroiis is it. a scofT an r ( '. VVashlnnn Henry D.Washburn, WelUer, Thomas WilliuniK, William Williams, .lames F. Wilson, .JnhnT. W'il- 6on, Sit-pheu F. Wilson, Windom, Woodbridge — 101. In Senate. Ma.ch 19 — It passed without division. Mar.'li 2o— Tiie bill was vetoed. Sam day — The House repassed it — yeas 114, nays 2-'">, as I'oUow : YE.4S — liessrs. Allison, Ames, Anderson, Deles R. Ashley, Janie.s M Ashley, Baker, Baldwin, lianks, Be iman, Benja- min, Bents>n, Blaine, Blair, Boutwell, Brooniall, Bucklaiid, Butler, Cake. Churchill, Reader W. ( larke, Sidney Clarke, Cobb, I'obiirii. Co(jk, C rnell, Covode, Cnlloni, Dodge, Don- nelly, Drips^s, Eckley, Ersjiest , Ketchani, Kitchen, Ki ontz, Lailin, William Lawrence, Lincoln, Loan, Liig.m, Loiiplirid);e, Mallnrv. Marvin, McCirthy, McClurg, Mercur. Miller, Moore, Morrell, Myers, Newcomb, ONeill, Ortli, I'aine, Perham, I'ete s, I'ile, Plants, Poland, I'olsley, Robei tgou. Sawyer. Schenck, Scofield. Selye, Shanks, .n, Nihlaclc, Nicholsnn, Noeil, Prtiyn, Randall, lio'jinson, Ross, Taber, Van A uken. Van I'rump — 25. Same day — The Senate re-passed it— yeas 40, nays 7, as follow : Ye\s— Messrs. Anthony, Cameron, Chandler, Cattell, Cole, Conkling, Connees. Corbett, Cragin, Drake, PMmunds, Fes- senden. Fowler, Frelingliuysen, Harlan, Howard, Howe, J(ilins':n, Morgan, Lot M. Morrill, Justin S. .Moiiill, Moiton, Nye, Jas. W. Patterson, Pomeroy, Ramsey, Ros--, Shirman, Sprague. Stewart, Sumner. Thayer, Tijiton, Trumbull, Van WinUle, Wade, Willey, Williams, Wilson, Yates— 40. Nays— Messrs. Bucl.-aleu), DavU, Dixon, DuvHUle, Xorton, David T. Patterson, SanUbury —1 . Whereupon the President of the Senate de- clared the bill to be a law. Message accompanying tlio Approval of a Bill relating to Eeconstruction, March 30, 1867. To the ILiuse of Reprcsentativcs.- lw giving my approval to the "Joint reso- lution providing for the expenses of carrying into full effect an act entitled 'An act to provide for the more efficient government of the rebel States,'" I am moved to do .so for the following reason : The seventh section of the act supple- mentary to the act "for the more efficient gov- ernment of the rebel States" provides that all expenses incurred under or by virtue of that act shall be paid out of any moneys in the Treasury not otherwise appropriated. This provision is wholly unlimited as to the amount to be expend- ed, wliereas the resolution now before me limits the appropriation to $500,000. I consider this limitation as a very necessary check against un- limited expenditures and liabilities. Yielding to that consideration, I feel bound to approve this resolution, without modifying in any manner my objections heretofore stated against the original and supplementary acts. Andrew Johnson. Was:iington, March 30, 1867. XVI. MEMBERS OF THE CABINET OF PRESlDEiNT JOHNSON, AND or THE THIRTY-NINTH AND FORTIETH CONGRESSES. PRESIDENT JOHNSON'S CABINET. Sccrctayy of SUite — Wili.ia.m 11. Sewa'id, of New York.' Secnliuji of the Treasury — IIuGH McCuLLOCU, of Indiana. Secretary (f War — Edwin M. Stanton, of Ohio. Secretary of the Navy — Gideon Welles, of Con- necticut. Postmaster General — Alexander W. Randall, of Wisconsin, vice William Dennison, of Ohio, resigned July 11, 186G. Secretary of the Interior — Orville H. Brown- ing, of Illinois, vice James Harlan, of Iowa, resigned September 30, 1866. Attorney General — Henry Stanbery, of Ken- tucky, vice James Speed, of Kentucky, re- signed July 16, 186G. I THIRTY-NINTH CONGRESS. I Second Session, December 3, IQGG-March 2, 1867. The following changes took place from the list at the i'irst Session, as printed on pages 107 and lOS of the Manual lor 1866: Senate. New Ilamjishire — George G. Fogg, vice Daniel Clark, resigned August 9, 1866. New Jersey— Frederick T, Frelinghuysen, vice William Wright, deceased; Alexander G. Oat- tell, vice John P. Stockton, seat vacated. Tennessee — David T. Patterson (admitted July 28, 1866;) Joseph S. Fowler (admitted July 25, 1866 ) Kansas — Edmund G, Ross, (qualified July 25, 1866, as successor to James H. Lane.) 182 POLITICAL MANUAL. House of RErEESEXxATivEs. New York — JolmW. Hunter, vice James Humph- rey, deceased. Pennsylvania — Philip Johnson, died January 31, 18G7. Kenturbi — Elijah Hise, vice Plenry Grider, de- ceased ; Lovell n. Kousseau elected to fill the vacancy caused by his resignation July 20, IStiG; Andrew H. Ward, viceUraen Clay Smith, resigned. Tcnufssee — Nathaniel G. Taylor, Horace May- nard, William B. Stokes" Edmund Cooper, William D. Campbell, Samuel M. Arnell, Isaac l;. Hawkins, John W. Jjeltwich. (Messrs. Campbell, Arnell, and Hawkins qualified De- cember o, 18G6, tiie others July 24 and 25, 1866) Nebraska — Thomas JI. Marquette, (qualified March 2, 1867.) Olaim.\:;.'s trom the Iksurregtiosary States — TiiiRTv-iS'iNTU Congress. In Senate, same as at first session, except James B. Campbell, of Soutli Carolina, vice John L. Manning, resigned; and David G. Burnett and 0. M. Roberts, of Texas, recently chosen. In House, J. jMcCaleb Wiley, of Alabama, vice George C. Freeman, deceased; and James P. Ilambleton, of Georgia, vice W. T. Wofford ; Texas— George W. Chilton, Benj. II. Epper- son, A. M, Branch, C. Herbert. (Mr. Bianch and Mr. Herbert were Representatives iu the Rebel Congress.) FOaXIZTII C0NaSE3S. First Session, March 4-30, 1867. Senate. _ Bexja.min F. Wade, of Ohio, President of the Senate, andactimj Vice President. John \V. Forney, of Pennsylvania. Secretary. J/ttiufi— Lot M. Morrill, William Pitt Fessea- den. A'cu' Hampshire — Aaron II. Cragin, James W. ]'atter.-o:i. Vermoni — George F. Edmunds, Justin S. Mor- rill. JIassiichzisetis — Charles Sumner, Henry Wil- son. Rhode Island — -William Sprague, Henry B. Anthony. Connecticut — James Dixon, Orris S. Ferry. Neiv York — Edwiu D. Murgau, Roscoe Conk- ling. A'evj Jersey — Frederick T. Frelinghuysen, Alexander G. Cattell. Pennsylvania — Charles R. Buckalew, Simon Cameron. Delaware — George Read Riddle,'-' Willard Saulsbury. Maryland — Reverd)- Johnson, Philip Francis Thomas f Oliio — Benjamin F. Wade, John Sherman. Kcntuchi — Garrett Davis, .lames Guthrie. Tennessee — David T. Patterson, Joseph S. Fowler. Indiana — Thomas A. Hendricks, Oliver P. Morton. *l)i.ci \iuivii:;o, ihC7. fNiit ndniittud to ii Kent, lii» iirdeiiti:il.s Imving been ro- l\.rrea lu tliu Cuuimitluu uu (Uu Jiidiciur^. Illinois — Richard Yates, Lyman TrumbulL Mssouri — John B. Henderson, Charles D. Drake. Michigan — Zachariah Chandler, Jacob M. Howard. loiva — James W. Grimes, James Harlan. Wisconsin — James R. Doolittle, Timothy O. Howe. California — John Conness, Cornelius Cole. Minnesota — Alexander Ramsey, Daniel S. Norton. Orc^o/i— George H. Williams, Henry W. Cor- bett. Kansas — Edmund G. Ross, Samuel C. Pome- roy. IVest Virninia—Ttit'T G. Van Winkle, Wait- man T. Willey. Nevad" — William M. Stewart, James W. Nye. Nebraska — T. W. Ti[iton, John M. Thayer. House or Representatives. Schuyler Colfax, of Indiana, ISpeafcer. Edward McPherson, of Pennsylvania, Clerk. Maine — John Lynch, Sidney Perham, Jarnes G. Blaine, Jolin A. Peters, Frederick A. Pike. New Hampshire'-' — Jacob H. Ela, Aaron F. Ste- vens, Jacob Benton. Vermont — Frederick E. Woodbridge, Luke P. Poland, Worthington C. Smith. Massachusetts— Thom-.is D. Eliot, Oakes Ames, Ginery Twichell, Samuel Hooper, Benjamin F. Butler, Nathaniel P. Banks, George S. Bout- well, John D, Baldwin, William B. Washburn. Henry L. Dawes. PJtode /sl'ind — (Not elected.) Connecticut— (Not elected.) New yor/c— Stephen Taber, Demas Barnes, Wil- liam E. Robinson, John Fox, John Morrissey, Thomas E. Stewart, John W. Chanler, James Brooks, Fernando Wood, William II. Robert- son, Charles H. Van Wyck, John H. Ketcham, Thomas Cornell, John V. L. Pruyn, John A. Griswold, Orange Ferriss, Calvin T. Hulburd, James M. Marvin, William C. Fields, Addisoa H. Lafiin, .John C. Churchill, Dennis McCar- thj', Theodore M. Pomeroy, William II. Kel- sey, William S. Lincoln, Hamilton Ward, Lewis Selye, Burt Van Horn, James M. Hum- phrey, Henry Van Aernam, one vacancy. Neio Jersey — -William Moore, Charles Haight, Charles Sitgreaves, John Hill, George A. Hal- sey. Pennsylvania — Samuel J. Randall, diaries O'Neill, Leonard Myers, William D. Kelley. Caleb N. Taylor, Benjamin M. Boyer, John M. Broornali, J. Lawrence Getz, Thaddeus Stevens, Henry L. Cake, Daniel M. Van Au- ken, Charles Denison, Ulysses Mercur, George F. Miller, Adam J. Glossbrenner, William II. Koontz., Daniel J. Morrell, Stephen F. Wilson, Gleiini W. vScofield, Darwin A. Finney, John Covode, James K. Moorhead, Tliomas Wil- liams, George V. Lawrence. Delaware— ]ohn A Nicholson. Maryland— l{'\Tiin\ McCuUough, Steven-^on Ar- cher. Charles E. Phelps, Friincis Thomas, Frederick Stone. Ohio — Benjamin Eggleston, Rutherford B. Hayes, Robert C Sclienck, William Lawrenco, *M,-nil>iT3.iiKilifieJ— tliu fir.-t twc, M.ucli 1L\ IhGT, tU« latit, Murcti^o. VOTES ON POLITICAL BILLS AND RESOLUTIONS. 183 "William Mungen, Reader W. Clarke, Samuel tS]iellal);i,rger, Cornelius S. Hamilton, Kaliili P. Buckland, James M. Ashley, John T. Wil- son, Fliiladeliih Van Trump, George W. Mor- gan, Martin VVelker, Tobias A. Plants, John A. Bingham, Epiiraim R. Eckley, Kufus P. Spalding, James A. Garfield. Kentucky — (Not elected.) 7'6?i"<'ssee— (Not elected.) r«(/mH(x— William E. Niblack, Michael C. Kerr, Morton C. Hunter, William S. Holman, George W. Julian, Jolm Coburn, Henry D. Washburn, Godlove S Orth, Schuyler Colfax, William Williams, John P. C Shanks. rdinuis — Norman B. Judd, John F. Farnsworth, Ellihu B.Washburne, Abner C. Harding, Ebon C. Ingersoll, Burton C. Cook, Henry P. H. Bromwell, Shelby M. Cullom, Lewis W. Ross, Albert G. Burr, Samuel S. Marshall, Jehu Baker, Green B. Raum, John A. Logan. J^tssown'^William A. Pile. Carman A. Newcomb, Thomas E. Noell, Joseph J. Gravely, Joseph W. McClurg, Robert T. Van Horn, Ecnjamin F. Loan, John F. Benjamin, George W. An- derson. Michvjan — Fernando C. Beaman, Charles Upson, Austin Blair, Thomas W. Ferry, Rowland E. Trowbridge, John F. Dritrgs. Iowa — James F. Wilson, Hiram Price, William B. Allison, William Tjoughridge, Grenville M. Dodge, Asahel W. Hubbard. Wisconsin — Ilalbert E. Paine, Benjamin F. Hopkins, Amasa Cobb, Charles A. Eldridge, Philetus Sawyer, Cadwalader C. Washburn. California — (Not elected.) Minnesota — William Windom, lanatius Don- nelly Oregon — Rufus Mallory. Kansas — Sidney Clarke. West Virginia — Chester D. Hubbard, Bethuel M. Kitchen', Daniel Polsiey. Nevada — Delos R. Ashle3^ Nebraska — John Taffe. Claimants from iNsuRiiEcxioNArvY States — Fortieth Congress. In Senate — John A. Winston, of Alabama, vice George S. Houston; Jolin T. Jones, and Augustus H. Garland, of Arkansas, vice William D. Snow,* and Elisha Baxter; G. Williamson, of Louisiana, vice Henry Boyce; Matliias A. Manley, of North Carolina, vice John Pool. (Of these, Mr. Winston and Mr. Williamson served in the rebel army, the former as colonel of a regiment, the latter as major on General Polk's staff; Mr. Garland was in all tlie Rebel Con- gresses ) *.eat ilucliircd vucaut by tlio Legislature. XVII. VOTES ON POLITICAL BILLS AND RESOLUTIONS. Repeal of Pardon by Proclamation. In House. 1866, December 3— Mr. Eliot introduced a bill, under a suspension of the rules, to repeal the thirteenth section of the act of July 17, 1862, which thirteenth section is in these words : " That tlie President is hereby authorized, at any time hereafter, by proclamation, to extend to persons who may have participated in the existing rebel- Imii, in any State or part tiiereof, pardon and amnesty, witli such exceptions, and at such time, and on such conditions, as he may deem expe- dient for the public welfare." The bill passed-rr-yeas 112, nays 29. The nays v/ere : Messrs. Ancona. Bnyer, Campbell, Chanler, Dawsnn, Eld- ri'lije, Glosshrenner, Hale, Aaron Harding, IJise, Kerr, Le I'-lnnd, Leftwich, Marshall, Niblack, KicJiolsi.n, Noell. Phelps, Samuel J. liandall. Hitter, Rogers, llousscau, Shanklin, Sil- ^leaves, Stillwoll, Nattianiel G. Taylor, Nelson Tat/lor, Trim- Ide, Andrew H. Ward. 1867, January 7- — ^The Senate passed it — yeas 27, nays 7, as follow : Yeas — Meg-irs. Cattell, Chaiidlpr, Conness, Crasin, Cres- we). Ediiinnils, Fessenden, Foster, Fowler, Ilenderson, Howard, Howe, Kirkwuod, Lane, Mi>rgan, Morrill, Poland, Ramsey. Rcss, Sliernian, Stewart, Sumner, Trumbull, Wade, Willey, Williams, AVilson— 27 Nays — Messrs. Dixon. Dooliitle, Hendricks, Johnson, Nor- ton, J'atterson, Sauhbury — 7. Note. — This bill became a law by reason of the failure of the President to sign, or letiarn it with his objections, within ten days after pre- sentation to him. Bepresentation of Bebel States. In House. 1866, December 11 — A bill passed, of whick this is the chief section : "That before the first meeting of the next Congress, and of every subsequent Congress, the Clerk of the next preced- ing House of llepresen atives shall make a roll of the rep- reseiitatives elect, and place thereon the names of all per- sons clainjing seats as representatives elect from States which were represented in the next preceding Congress, an i of such pei-sons only, and whose crcdential.s fliow that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States." The vote wa.s — yeas 124, nays 31, as follow: Yeas— Messrs. Alley, Allison, Anderson, Aniiell, Delos R- Ashley, Janies M. Ashley, Baker, Baldwin, Barker, Biixter, Beaman, Benjamin, Bidwell, Bingham, Blaine, JJlow, Bout- well, Brandegee, Bromwell. Bnjomall, Eucklan-l, Bundy^ Reader vl-. Clarke, Sidney Clarke, Cobb, Conkling. Coolt, Cullom. Darling, Dawes, Delrees, Delano, Detniny:, Dixon, Donnelly, Eckley, Kpgleston, Eliot, Farnsworth, F:ir(juhar, Ferry, Garfield, Orinnell, Hale, Abne.r C. Harding, Hart. Hayes, Henderson, Higby, Hill, Ilolmss, Hooper, Chester D. Hubbard, .lohn H. Hubbard, James, K. Hubbell,. Hulba- I, Ingersoll. Jencke.s, .Julian, Kas.son, ICeHey, Kelso, K.etchani., Kooutz, Kuydendall, Laflin, Latham. (Seorgo V. Lawrence, V\ il liani Lawrence, Longyear, Lynch.^Marston, Maryija.May- nard, McClursr, SIcIiidoe, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, O'NciM. Orth, Piiino, Pattern \y:m\. Ellihu U. \Vii.slibunie, Willi.iiii U. Washlmin.Wclkei, Wciitwoitli, Williams J:imesF. Uil- Bon, Stcplieii F. Wilson, AVindum, \V<)oill>ri(l:;e — 104. Nats — Messrs. Anemia. liergeyi, Jloi/er, Campbell, Coopfr, Dawson, J'ldritlfje, Fiiick, Glossl.renmr, Giiot/ycnr, Aamn Ilari'iny, Ilise, Kdwin N, Iltibiell, Ifun/er. Le Bhmd. Mar- shall, yibhick, yU-Iidlsrin, SamuelJ. Itandall, Rittfr, lingei-s, Ji'iss, Koii.s'jeaii, Sliarildin, Silpnaii's, ^tillwcll, Taber, Xa- thanicl U. Taylor, ydson Taylor, Trimble, Andrew U. Ward —01. In Senate. 1867, Febrnarj' 1 — The bill pas.sed — yeas 31, nays 6, as follow ; Yeas— Afessrs. Ciitttll, Chandler, Cr.niiess, Cragin, Ed- munds, Fl■s^endon, Foj.',!;, Foster, Fowler, lirinics, Harris, Henderson, Ihtwc, Johnson, Kirkwood, Lane, Morgan. Mor rill, Xorlon, Poland. Uanispy, Iloss. Shi rnian, Spragne, Stew- art, ijuniner, Trumbull, Van WiuUle, Williams, Wilson, Yules — ol. Nays — Messrs. Diickalew, Davis, Ilendrichs, Xesmith. Pat- ttrson, 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- tentiUion to him. Elective Franchise in the Territories. 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 fhall be no denir.l of the elective fr.inchise in any of the Territoiies of the United States, now or hereaf.er to be organized, to any citizen tliereof, on aecount of race, color, or previous con'litioti of servitude, and all acts or jiarts of aetn. 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, G'iuies, llemler- son, Upward, Ilowe, Kirkwood, \au\q, Morgan, Morrill, Po- land. Sherman, Stewart, Sumner, ^yade, W illey, Williams — •J4. Navs — Messrs. Buchale.to, Tlendriclcs, John sun, Norton, Pat- terson, Riddle, Saulsbury, Van Winkle — 8. Same day — The House concurred — yeas 104, nays 3S, as follow : Yeas— Messrs. Alley, Allison, Ames, Arnell, James M. Ashley, Uaker, Baldwin, Banks, Barker, Ba.\ter, Beaman, BenjiiUjin. Bidwell, Bingham, Blaine, Bontwell. Broniwell, Brooniidl, Buckland, Bundy. Header W. Clarke, Sidney (Marke. C'oliii, Cook, Cullom, Culver, Davis, Defrees, Delano, Deniiug, Uixoii, Dodge, Donnelly, 1 riggs, Eckley. Eggleston, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Abner C. Ilaniing, Hart, Hawkins, Higby, Hill, Holmes, Hooper, Dcmas Uubliard, jr., John H. Hubbard, Jamei R Hnbbell, IiigersoH, .Jcnckes, Julian, Kaseoii, Kelso, Ketcham, Koonlz, Ueorge V. Lawrence, William Lawrence, Loan, Long.vear, Lynch, Marsto7i, Marvin, Maynard, McClurg McRuer, Mer- cur, Miller, Morrill, Moulton, Myers, O'Neill, Ortli, Paine, I'erham, Plants. Price, Uaymond, John II. Itice, Rollins, Sawyer, Schenck, Scofleld, Spalding, Stokes, Thayer, John L. Thomas, jr, Trowbridge, Upson, Van Aernani, Ijurt Van Horn, ll:imil on Ward, Warner, Ellihu R. W.ashburne, Henry D. Washburn, William B. Washburn, Welker, Wentworth, WiUiams, James F. Wilson, Stephen F. Wilson, Windom —1114. Navs — Messrs. Ancona, lierpen, linycr, Campbell, ClianUr, Coiper, Dawcon, J'enison, Eldridr/e, t'i7n:k, Llossbreiinor, Aaron Harding, Ilise, Ilognn. Chester D. Hubbard, Edwin N. lluhbdl, Humphrey, Johnson. Lathnni, /,e JJlond, Left- «ni'7(, yibl'ick, yichohon, Aoelt, .Suniiirt J. Itandall. \.ilUam U. R.indall, lliitejr, liogcrs, lioxs, .S/iankliii, SUgreaves, Ta- bir, J\'atlianifi O Taylor, Thornton, Trimble, Andrew II. Wmrd, WhiUej, *r.n/i«W— 38. Note. — Tfliis bill became a law by reason of the failure of tlie President to sign, or return it with liis obiee-tions, within ten days after pre- feeiatatio^ to liinn. Female SulTrago and Intelligence SuSi /e. Pending the District of Columbia Suffr! ge bill in the Senate — ]cS66, December 12 — Mr. Cowan moved to strike from it the word " male," which was lost — yeas 9, nays 37, as follow ; Ye\s — Messrs. Anthony. Brown, Buckaleu; Cbman, 7<»- ter.Aesviith, Putlrrsnn, Riddle. Wade— 9. Nays — Messrs. Cattdl. < li.mdler, Conness, Creswell. Da- vis, Diron. Doolitllr, Edmunds, Kesseiiden, Fogg, F -elinghuy- sen, Grimes, Harris, llender>on. Hmdricks. How rd. Howe, Kirkwood, Lane, Morgan, Morrill, Norton, Poland, Pome- roy, Ramsey, Ross, .Sa«/s/«t)y, Sherman, Spr'gus, Stewart, Sumner, Trumbull, Van Winkle, Willey, Williiius, Wilson, Yates — o7. 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 time of ofteiing 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, .Bj/c/to/ejo, Dixon, Donlitlle, Fogg, Foster, Hendricks, JS'esmilli. Patterson, Riddle, Willey — 11. Nays — Messrs Brown, Cattell, Chandler, ( oniiess. Cow- an, Creswell, Divis, Edmunds, Fes-^eiidiii. Frelinghiivsen, Grimes. Harris. Henderson, Howard, Howe, Ki' kwood, Lane, Morgan, Mi>rrill, Norton, Polank. Culiom. Darling, Dawes, D. frees, De- lano, DinjinR, r;i.\on, Dunnelly, Dri.aps, Dnuiunt. E-kley. Egsrleston, Eiiot, Faruswditli, Fanjuliar, Kerry, Garlield, GiiVme 1. iJiisWcilJ, Abner C. Ilar.'iii.', Hart. Mayes, Iligbv, Ilill, Holm'--, Hooper, llot.hkiis. Chester I). Hubbard, Dem- as Uulibard. jr., .lohii II. Ilulibard, Ingeisoll, Jencke.i, Juli'U, Kassoii, Kellcy, Kelso, Ketcliam, Koontz, Kuyken- da'I, Lafiiu, Georc;e V. I.awveiue, Willimn Lawrence, Loan, Longyear, Lvncli, Marston. Marvin. Ma> nard, McCliirg, Mclndoe, MclCee, Mercur, Miller, Moorhead, Morrill. Morris, Moultun, Myers, Newell, O'Neill, Orlli, I'aine, I'attcrsoii, Perh;ini, Pike, I'lants, Price, Wi liani H. Itandall, Ilaynioad, Alex mder H. Uiee, .lohii H. Rice, Rollins, i-'awyer, Scufield. Plullabarser, Sloan, SpaldinT, Starr, Stokes, Francis Thomas, John 1/. Thomas, jr , TrowbridRe. Upson, Van Aer n mi, Burt Van Horn, Hamilton Ward, Warner. Henry I). Washburn, William B. ^ asliliurn, Welker, Wentworth, Williams, James r. Wilson, Ftrphen l'\ Wilson, Windom, Woodbridge — Hi). Nayj — Messrs. Ancnna.Birrjen, Doijer. Camphell, ClinnleT, Cor.per, Dawsm, Den ion, E'drCdr/e. Fiitdc, Glosshienntr, Gie premises, shall bo held prima facie to have 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 yean were 109, the nays 37, (Messrs. Ancona, Bcrrjen, Bu]/er, Cumpbell. Cha.nler, Cooper, Dawson, Den- ison, Eldridr/e, Fnirh, Glo-'^sbrcnner, Goodyear, Aaron ILirding. Ilise, Edwin N.IIahhcll, llum- phrey. Hunter, Johnson, Kerr, he Blond. Left- wich, Marshall, Niblach, Nirlwlson, Nocll, Rad- ford, Samncl J. Randall, Ritter, Roqcrs, Ross, Shanklin, Sdgrcaves. Strouse, Taber, Nelson Tay- lor, Thornton, Trimble.) February 23 — The bill passed — yeas 112, nays 32, as follow : Yeas — Messrs. .\l!is»n, Ames, Anderson, Arnell, Delos R Ashley, James M. Ashley, B.aker, B.ildwin, Baxter, Beamati, Bidwell, Bingham, Blaine, Drandejree, liromwell, Broomall, Bucklarid, Buudy, Ue.ader W.Clarke, Sidney Claike, Cobb, Conklinj?, Cook. Culiom, Davis, Dawes, Dfdano, Deming, Dixoti, Dodse, Donnelly, Ilggleston, Eliot, Farnsworth, Far- quhar, Garlield, Grinnell, Abner C. Harding, Hawkins, Haves, Henderson. Higby, Hill, Holmes, Hooper, Chester D. Hnlibard, Demas Hubbard, jr,. John H. Ilnbbanl, James U. Hubbell, Hulburd, Ingersoll, Jenckes, Jn ian, Kasson, Kel- ley, Kefcliam, Koontz, Kuykendall, Lallin, Georgo V. Law- rence, William Lawrence, Loan, Longyiar, Lynch, Marvin, Mayiiard. MC liirg, Mclndoe, McKee, McRucr, Mercur, Mil- ler, Moorliend, Morris, Moulton, Myers, Newell, O'N'ei l,Orth, Paine. I'crham, Plants, Price. William H. Randall, Jolin II. Bice, Rollins, Sawver, Scufield, Sh llabarger, Sloan, Spr.lding, Starr, Stevens, Stillwell, Stokes, Thayer, Trowbridgp, Upscu. 186 POLITICAL MANUAL. Van Aernam, Burt Van Horn, Ilamilton 1701(3, TVarner, lluiiy D. IVashburn, William B. Washburn, Wclkor, Went- wortli. Wlialey, Williams, Janiea V. \\ iUon, StopUen F. Wil- eoii, Windoni, Woodbridge — 112. Nays — Messrs. ^incoiia, Brrrjrn, rtnyrr, (limphdl, Clinnler, Co'per, Datviou, ELiridgr, Fi)ic/.\ (ilu.oslin n>ii r, Aaron Hard- inr', Ifirrix, Ilise, Edwin jX. llnh'^dl, Ihnnplireii, lluntrr, K'-n; LelUninl, Midsliall, McCulloiaili, A'ihiurh; uVidtolsov, Str.iuel J. Jlundill, liitler, Shanldin, Sitfjreaves. S'rouse, T^ibtr, Thornton, Trimble, Andrew II. Ward, Wri/,JoIin- son, Latham, Ze Blond, Leflwic/i, Marshall, Nibtark, Is'icliol- son.Xoell, Radford. SamutlJ. Randall, \ii\Vr.\m H.Randall, Ritter. Rogers, Shanldin. Sit!ireavcs,Strouse, Talxr, Nathaniel G. Taylor, Ndson Taylor, Tliornton, Andrew II. Ward — 3& The bill was not acted upon in the Senate. To Suspend all Proceedings in relation to the Payin:>nt for Slaves drafted or received as Vol- unteers in tho 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 and sixty-six, " making appropriation for pay- ment to persons claiming service or labor froiu colored volunteers or drafted men," be, and the same is hereby suspended. And the Secretary of War is directed to dissolve 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. Scuenck's motion to suspend the rules to allow the consideration of tho bill, was the onl}' vote taken — and was yeas 92, nays 24, as follow: Ykas — Messrs. Ames, Anderson, Delos R. A.sh)ey, James M. Ashley, Baker, Baldwin, Beaman, Benjamin, Binsham, Bl.aino, Blair, Boutwell, i;romwell, Brooniall, Buckland, Biitlor, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, (,'ook, Cornell, Covode, Cnlloni, Dodge, Donnelly, Driggs, Eckley, Ela, Farnsworth, Ferriss, Ferry, Fields. GarHeld, Gravely, Hamilton, Hayes, Hooper, Hopkins, As.iliel W. Hubbard, Chester D. Hubbard. Hulliuid, Hunter, Jndd, .lulian. Kelley, Kitchen, Koontz, Lallin, Willi m Liwience, Lo ran, Marvin. McClnrg, Miller, Moore. Myers, N( wc.inb, OWeill, Orth. Piiiiie, Perham, Petei-s, Pile, Plants, Poland, Polsley. Point roy, Robertson, liois, S.iwycr, Schenck, Sc<» PROPOSED IMPEACHMENT OF PRESIDENT JOHNSON. 1^7 field, Shanks, Shellabarger, Smitli, Spnlding, Taylor, Twicli- ell, Upson, Van Aernain, Burt V:iii Horn. Robert T. V:in lIorM, \'aii W>ck, Waid, Cadwula ler C. W shbnrii, Henry D. Washburn, \Velker, Thomas Williams, Willi ini Williams, James F Wilson, .lohu T. Wilson, Wiiiilom — 9i Nays — Messrs. Bnyer. Brouhf, Burr, ElJridge, Fox, Gel:, Glossbrenner, Ildman, Kerr, MarxhiU, JL/rr/aii, M'lrrissii/, Munpen, Nihlack, Aicholson, N'idl, I'ru;/)!, Unmlall, liohm- ton, Sitgreaves, Taber, Van Auken, Van Trump, iVood — 24. In Senate. March 21 — The resolution passed — yeas 32, nays 7, as follow : Yeas — Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbutt, ('ragin, Drake, E Imimds, I'ovv- ler, Harlan, Htnduison, Ilowe, Morgm, Morrill of Vt., Morton, Nyo, Patterson of N. H, romeioy, Kamscy, Ross, Sauhbun/, Sherman, Sumner, Thayer, Tipton, Tiumbull, Wade, Williams, Wilson— 32. Nays — Messrs. Buckalew, Davis, DnoUttle, Johnson, Patter- son ot'Seim., Van Winkle, Willey — 7. A Bill to Restore the Possession of Lands Con- fiscated by the Authorities of the States lately in Rebellion. In House. 1866, July 2-1 — Mr. Williams reported from the Committee on the Judiciary the following bill : That in all cases where any loyal citizen of the United States may have been disseized or dis- possessed of any lands or tenements belonging to him or her, within any of the States lately in re- bellion, by any order, proceeding, or decree, un- der I he pretended authority of the so-called Con- federate government, or of any of the States comprising the same, on the ground of his or her adherence to the cause of the Union, or his or her absence, or failure or refusal to give support to the said rebellion, it shall be the duty of the President of the United States, or the command- ing officer of the military forces stationed within the particular State or District, on complaint made to either of them in writing, by the party or parties so disseized or dispossessed, their heirs or assigns, accompanied by satisfactory evidence that the title or possession of any such property is claimed by the person or persons occupying the same under or by virtue of any such order, proceeding, or decree, to restore the person or persons so interested and aggrieved to the pos- session and rights of which they have been thus unjustly deprived, and to iirotect them in the enjoyment of said rights by the application of so much force as may be necessary for that pur- pose. Mr Teimble moved that it be laid on the ta- ble, which was disagreed to — yeas 24, nays 81, as follow : Yeas — Mesgrs. Ancma, Be.rge.n, Bnxier, Cooper, Eldridge. Find; Glossbrenver, Aaron Harding, Hngan, Jo/insrm, Kerr, Le ni'fnd, McCuUough. Nihlack, Nidinlsmi, Radford Samuel J, Randall, Ritter, Ross, mtrouse, Taber, Tliornton, Trimble, \Vinfidd—H. Nayv — Messrs. Allison, Baker, Banks, Barkvr. Baxter, Benjimin, Bidwell, Bingham, Buckland, Sidney Clarke, Cobli, ('onkling. Cullom, Davis, Dawes, Defrees, Dixon, Driggs, Eckley, Egrleston, Eliot, Karnsworth, Farquhar, Ferry, Ab- iierC. Harding, Hart, Hayes, lligby. Holmes, Hooper, Hotch- kiss, Chester!) Uubljard, John II. Hubbard. James K. Hub- bell, Hulburd, Jenckes Julian. Kelley, Keteham, Koontz, Lafliii, George V Lawrenre, William Lawrence, Loan, Lyncli, Maynard McCI\irg, McRuer. Mercur, Miller, .MoorI.ead, Morris, Myers, Newell. O'Neill, Orth, Paine, Perham, Plants, Price, Kaymond, Kollius, Sawyer, Scofield, ^helIallarger, Bpalding, Stevens. Stokes, Ma'tlianlel G. Taylor, John L. Thomas, jr., Burt Van Horn, Bobei t T. Van Horn. Hamilton Ward, Welker, Wentwortli. Wliale.v, Willi. m^ ..amcs F. Wilson, Stephen F. Wilson, Windom, Woodbrldge — 81. The bill was then passed. In Senate. 1S67, February 21 — Mr. Frelinghuysen re- ported it from the Committee on the Judiciary, with an amendment as to the form of proceed- ing, but it was not reached before adjournment. rr.OPOSED IMPEACHMENT OF PRESIDENT JOHNSON. In Thirty-Ninth Congress. 1866, December 17— Mr. James M. Ashley moved a suspension of the rules to enable him to report, from the Committee on Territories, this resolution : Resolved, That a select committee to consist 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 officer of the Government of the United States wluch in contemi>iation of the Constitution are high crimes or misdemeanors, and whether said acts were designed or calculated to overthrow, subvert, or corrupt the Government of the United States, or any department thereof, and that said committee have power to send for persons and papers and to administer the customary oath to witnesses, and that they have leave to report by bill or otherwise. Which was not agreed to, (two-thirds being necessarv,) yeas 90, nays 49, as follow: Yr:\s— Messrs Alley, Allison, Anderson, Arnell, Delos E. Ashley, .lames M Ashby, Baker, Bddwin. Banks, Barker, Baxter, Bcniamin. Bidwell Bingham. Blow, Boutwell, Bran- degee, Bromwell, Buckland, Buudy, Ke:;der W. Clarke, Sid- ney Claike, Cobli, t oidclirig, Culloni. Dixon. Driggs, Eckley, F.iinsworth, Farquhar, Ferry, Garfield, Grinnell, Abner C, llanlir.g, Ibnt, Hawkins, Hayes, Henderson, Hill. Holmes, Hotelikiss, Demas Hubbard, jr., John H. Hubbard. Inger- soll, .lulian, Kelley, Kelso. Koontz, Kuykendall,Laflin, Wil- liim La" reuce. Loan. Lougyear, Lynch, Marston, Marvin, McCluig, .Mcludoe, McKee, McHucr, Mercer, Morrill, Moul- ton, M\ei,-i, O'Neill. Orth, Paiue, Patterson, Perham, Pike, Pnmeniy, Price, William H. Uandall, Sehenck, ircofield, Sloan, Stevens, Thayer, Francis Thomas, Trowbridge, Upson, Vao Aernam, Hurt Van Horn, Robert T. Van Horn, EUihu B. Wasbbunie Welker, Wentworth, Williams, James F. Wilson, WIndum 9L). Nays— Messrs. Ames, ylicona, Bergen, Bmjer, Campbell, Chanlcr, Cooper. D.iwes, Defrees. Deming, Denison, Dodge, Eldridge, Finck. Glosshrennrr, Hale, Aaron Harding, Hise, Hog.'in'. I, liesterD. Hubbard. K. N. Huhbell, Hunter, jienckes Kerr, Latham, LeUlond. Leflwicli, Alarsliall, Maynard, A7&- ladi, Niliolson, Xoe.ll, SamuclJ. Randall, Raymond, Bitter, Rogers, Ross, Slianklin, Silgreavi's. S|ialding, StokeB. Sirouse, Taber. jXatliaind G. Tai/lor, IS'eU'm Taylor, Thornton, An- drew H. Ward, Warner, Whaley— 49. 18G7, January 7 — Mr. Loan offered this reso- lution, which was referred to the Committee on Reconstruction : Reaoh-ed, That for the purpose of securing the fruits of the victories gained on the part of the Republic during the late war, waged by rebels ani the United States; and v/hereas the Judiciary Committee, to wliom said resolu- tion and charges were referred, wiih authority to investigate ilie same, were unable for want of time to complete said investigation before the exjiiration of the Thirty-Nintii Congress ; and whereas in the report submitted by said Judici- ary Committee on tlie 2d of March they declare that th.e evidence taken is of such a character as to justify and demand a continuation of the investigation by lliis Congress : Thei'efore, Be it resolved hi/ the House of R^'presentativcs, That the Judiciary Committee, when apyiointed, be, and they are hereby, instructed to continue the investigation authorized in said resolution of January 7, 18P>7, anil that they have power to send tor persons and [lapers. and to administer the customary oath to witnesses ; and that the committee have authority to sit during the ses- sions of the House and during any recess which Congress or this House may take. Ilrsohcd, That tlie Speaker of the House be requested to appoint the Committee on the Ju- diciary forthwith, and that the committee so ap- pointed 1)6 directed to take charge of the testi- mony taken by the committee of the last Con- gress ; and tliat said committee have [>o\ver to app'^int a clerk at a compensation not to exceed six dollars per day, and employ the necessary stenographer. Iiesolrcd, That the Clerk of the House o' Rep- resentatives be directed to pay out of the con- tingent lund of the House, on the order of the Committee of the Judiciary, such sum or sums of money as may be required to enable the said corumittee to prosecute the investigation above directed, and such other investigations as ii may be ordered to make. Yiv. HoLMAN moved to table the resolutions, which v;as disagreed to — yeas 32, nays 119, as follow : Yeas — Messrs. Archer, Barnes, Doyer. Jironks, Burr, Chinihr, I'enisim, hldridge. fax Getz. ITiji;/lit, IMinan, Hictjihri'!/. Kerr, Mirsliall, McCitUmigh. Morgan, Mi>rrissiy. ilunge:', A'iblach; NidioUnn, I'hiilps, l'ru:in, Rundall, Rob- inson. Ji.'iis.t, Siigrenves, Stewart, Stone, Tuher, Van Auken, Van Tmmp, ITiifx^— o2. Nats — Messrs. Allison, Ames, Aiuiersoii, Delos R. Asliley, Jamen M. Ashley, l:;iker. ISaldwin, liiiiiks, Beaiiiaii. Coija- min. l.iii^liiiui. IJl;aiie, lilair, Uoutwell IJruinwell, Uiovini ill, Buckliind, IJulIer, Cake, Churcliill, Reailer W. ( laike, ijid- uey ( liukc, < i)l)b. Cdlmin, Cook, Cornell, (^)V(j(le, ( ullom, lUiwes, Dodge. Donnelly, Driggs, Kckley, Eg^leston. Eliot, Fnriiswor"!. lerris-f. Kerry, Fields, t'innev, Uarlield, (jr.ivelv, Ilal-ey, IliiiiiUoii, II irdiiig, llayts. Hill, Hooper, Ilopkir^i, Cliebt' r ii. IlnM.ard, Hnllinrd, Hunter, In'^ersjjl, .Indd, Julian, Ki lley, Ketcliatn. Kitchen, Koontz, Latlin, George V. Lawrence, William Lawrence, Lincoln. Loan, Logan, Loughridj^e, Lyricli, Marvin. McCarthy, Mcflurg, Mercur, MiKcr, .Monro, Mnorheail, Morrell, Myers, N' wcoinli, Noell, O'Neill, O 111, Paine, Perhum, Peters, file, I'l.ints, Poland, Polsley, I'^nieroy, ■ rice, Itaum, Robertson. Sawyer, Sclienck, Scoli. id, :-liaiik8. .>ihellaljar;j;pr. Smith, Stevens, TatVe, Tay- lor, Tlioiims. 'J rowliriil<^e. Twichell, Upson, Van Aernani, Burl \an Horn. Rolieit T. Van Lorn, Van W yck. Ward, Cadv, ;idr r C Uashhurn, William 1!. Washburn, Welker, I'lioiu^u Williunis, William Williunis, James F. 'WiUuo, John T. 'Wilson, Stephen F. Wilson, Wiudom, Woodbridga —119. March 29— Mr. Sidney Cl.\rke offered this preamble and resolution : Whereas upon chiirgca preferred in tl e House of Representatives of ibe Thirty-Ninth Congres^i against the President of the United States of high crimes and misdemeanors, alleged to have been committed by him in the execution of his official trust, tlie Committee on the Judiciary of tlie said House, to wliicli the same was referred, did report tliat for want of sufficient time they were unable to concluile their investigation, but that upon the facts disclosed it was in their judg- ment required and demanded that the inquiry should be ]irosecuted to a conclusion by the pres- ent Congress; and whereas in accordance with the said ofiinion tliis House did commit the said subject anew to its Committee on the Judiciarj', which is now diligently engaged in the examin- ation thereof; and whereas, in view of the re- port and recommendation of the Judiciary Com- 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 and ab- dicate its practical control over the administra- tion of the Government by surrendering its des- tinies, in the present critical condition of aiVairs, into the hands of an officer thus impeached l)efore 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, Resolved, That the Committee on the Judi- ciary be re(]uested to report on the charges pre- ferred against the President, as aforesaid, on the first day of the meeting of the Plouse after the recess hereafter to be determined. Mr. RoaiNsoN moved to table the resolution ; which was disagreed to — yeas 38, nays 03, aa follow : Yeas— Messrs. ./IrcAf^r, P>ingham, Blair, BrooJcs, Bucklandi Burr, Clianl'T, Reader W. Clar e, Cornell, Denit in, Eld- ridge, Ferriss, Fields, Get:. Gl'issbreuner, Griswold, Uolman, Chester I), l.uldiard, Humphrey , Kerr, Ketcham, Lafiin, Marshall, Marvin, Morrissey, Muri'ieu, Niblack, Nicliolson, Phelps, Plants, Lofdnson, lioss. Silgreive^, Stewart, Tabet; Van Aukei). Van Trump. Wood — 38. Nats — Messrs. Allison James M. Ashley, Baker, Benton, Boutwell, Broomall, Butler, Cake, Churcliill. Sidney Clarke, Coburii, Coolt, Covode, Culloni, Donnelly, Uriggs, Eckley, Eggleston, Kla, Farnswortli.Gartield. Gravely, llalsey, ilani- illon, Hayes, Hooper, Hopkins, Ilulburd, liigersoll. Judd, Kelley, Koontz, William Lawrence, Loan, Logan, I ougli- ridge, Sfallory. McClurg, Mercur, Miller, .Morrell, Myers, O'N ill. Perham, Pile, Ptdsley. Robertson, Sawyer, Sehenck, Scofield, Shanks, Thaddeus Stevens, T.iylor, Trowbridge, Upson, Robert T. Van Horn, Ward, VVelljer. Thomas Wil- liams, William Williams, John T. Wilson, Wiudom, Wood- bridge — 63. The preamble was laid on the table, on a division by tellers — -ayes 54, noes 32. The reso- lution was then adopted. The committee, it is understood, will make a report upon the 3d of July, on the reassembling of Congress. XVIIl- TEXT OF THE RECOINSTRUCTION MEASORES. 14th Constitutional Ainendmont. Joint Resolution proposing an Amendment to the Constitution of the Uniteii States. Be it resoloed by the Senate and House of Rep- resentatives of th.e United States of America, in Congress assembled, (two-thirds of both Houses concurring,) That the following article be pro- posed to I lie Legislatures of the several States as an ainentimenl to the Constitution of the United States, which when ratified by three-fourths of said Legislatures, shall be valid as part of the Constitution, natuely : ARTICLE XTV. Section 1. All persons born or naturalized in the United States, and subject to tlie jurisdiction thereof, are citizens of the United Stales 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 sliali any State deprive any person of life, liberty, or property, without due process of law, nor d'^ny to any person within its juris- diction tiie equal y)rotection of the laws. Sec. 2. Re|)resentatives sliall be apportioned among the several States according to their re- spective numbers, counting the whole number of persons in eacli 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 I'ongress, the executive and judicial officers of a State, or tiie members of t>ie Legis- lature thereof, is denied to any of the male inhab- itants of .such ^tate, being twenty-one years of age, anloying 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 jierinanent 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 19rh 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 or process on liabilities contracted prior to the 19th 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 fraudulentlj'' 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 money accruing since 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 15th of May, 1865, may be enforced by execution against the property of the defendant, and in the application of the money arising under such executions, regard shall be had to the priority of liens, unless in cases where the good faith of any hen shall be drawn in question. In such cases the usual mode of proceeding adopted in North and South Carolina respectively to deter- mine that question shall be adopted. [ V. All proceedings for the recovery of money < under contracts, v/liether under seal or by parole, the consideration for which was the ' purchase of negroes, are suspended. Judgments or decrees entered or enrolled for such causes of action shall not be enforced. j VI. All advances of moneys, subsistence, ira j plements, and fertilizers, loaned, used, em[>loyed, or required for the purpose of aiding the agri- cultural pursuits of the people, shall be pro- tected, and the existing laws which have pro- I vided the most efficient remedies in such cases I for the lender will be supported and enforced; j wages for labor performed in the production cf ! the crops shall be a lien on the crop, and pay- I ment of the amount due for such wages shall be enforced by the like remedies provided to secure ■ advances of money and other means for the cul- tivation of the soil. j VII. In all sales of property under execution 1 or by order of any court there shall be reserved ' out of the property of any defendant who has a ' family dependent upon his or her labor a dwel- ling-house and appurtenances and twenty acres ' of land for the use and occupation of the family of the defendant, and necessary articles of fur- niture, apparel, subsistence, implements of trade, husbandry or other employment of the value of $500. The homestead exemption shall inure only to the benefit of families— that is to say, to ' parent or parents and child or children — in other i cases the exemption shall extend only to cloth- j ing, implements of trade or other einj/loyment usually followed by tiie defendant, of the value of $100. The exemption hereby made shall not ; be waived or defeated by the act of the defendant. I The exempted property of the defendant shall be ascertained by the sheriff or other officer en- forcing the execution, who shall specifically des- cribe the same, and make a report thereof in each case to the court. VIII. The currency of the United States de- clared by the Congress of the United State to be a legal tender in the payment of all debts, dues, and demands, shall be so recognized in North and South Carolina, and all cases in which the same shall be tendered in payment and refused by any public officer will be at once reported to these headquarters or to the commanding officer of the post within which such officer resides. IX. Property of an absent debtor or one charged as such without fraud, wliether consist- ing of money advanced for the purposes of agri- culture or appliances for the cuiiivation of the soil, shall not betaken under the process known as foreign attachment ; but the lien created by any existing law shall not be disturbed, nor shall the possession or the use of the same be in any wise interfered with, except iu the execution of a judgment or final decree, in cases where they are authorized to be enforced. X. In suits brought to recover ordinary debts known as actions ex contractu, bail, as heretofore authorized, shall not be demanded by the suitor nor taken by the sheriff or other otBcer serving the process ; in suits for trespass, libel, wrongful conversion of property, and other cases, known as actions ex delicto, bail, as heretofore author- ized, may be demanded and taken. The pro- hibition of bail in cases ex contractu shall not extend to persons al out to leave tlie State, but 204 POLITICAL MANUAL. the I'actof iutention niust be dearly established by proof. XI. lo criminal proceedings the usual recog- uizances shall be required and taken by the proper civil ofBcers heretofore authorized by law to take the same, provided that upon complaint being made to anj' magistrate or other person authorized by law to issue a warrant for breacli of the peace or any criminal ofl'ense it shall be the duty of such rflagistrate or officer to issue his warrant upon the recognizance of the complain- ant to prosecute, without requiring him to give security on such recognizance. XII. The practice of carrying deadly weapons, except by officers and soldiers in the military service of the United States, is prohibited. The concealment of such weapons on the person will be deemed an aggravation of the offence. A violation of this order will render the olfeuder amenable to trial and punishment by military commission. Whenever wounding or killing shall result from the use of such weapons, proof that the party carried or concealed a deadly weapon shall be deemed evidence of a felonious attempt to take the life of the injured person. XIII. The orders heretofore issued in this mili- tary department pmhibiting the punishment of crimes and offenses by whipping, maiming, brand- ing, stocks, pillory, or other corporal punish- ment is in force and will be obeyed by all persons. XIV. The punishment of death in certain cases of burglary and larceny imposed by the existing laws of the provisional governments in this military district is abolished. Any person convicted of burglary or of larceny, when the property stolen is of the value of $25, of assault and battery with intent to kill, or o{ any assault with a deadly wea[)On, shall be deemed guilty of felony, and shall be punished by imprisonment at bard labor for a term not exceeding ten years nor less than two years, in the discretion of the court having jurisdiction thereof. Larceny, when the value of the property stolen is less than ?^'25, shall be punished by imprisonment at hard labor for a term not exceeding one year, in the discretion of the court. XV. The Governors of North and South Car- olina shall have authority within their jurisdic- tions respectively to reprieve or pardon any person convicted and sentenced by a civil court, and to remit fines and penalties. XVI. Nothing in this order shall be construed to restrain or prevent the operation of proceed- ings in bankruptcy in accordance with the acts of Congress in such cases made and provided, nor with the collection of any tax, impost, excise, or charge levied by authority of the United States, or of the provisional governments of North and South Carolina ; but no imprisonment for over due taxes sliall be allowed, nor shall this order or any law of the ]irovisional governments of North and South (Jarolina operate to deny to minor children or children coming of age, or their legal representatives, nor to suspend as to them any riglit of action, remedy, or proceeding against executors, administrators, trustees, guar- dians, masters, or clerks of equiiy courts, or other officers or persons holding a fiduciary relation to the parties or the subject matter of the action or proceeding. XVII. Any lav; or ordinance heretofore in force in North or South Carolina inconsistent with the provisions of this general order is hereby suspended and declared inoperative. By command of Major Gen D. E. Sickles. J. W. Clous, A. A. A. G. Orders in Third Military District. Headq,'i:s Sub-Dist. of Alabama, Montgomery, Ala., March 28, 1867. General Orders, No. 1. I. By direction of General Grant, all State and local elections in this State are disallowed, pending the arrival of the district commander appointed for this district, and his order in the premises. II. In default of certain information that mu- nicipal or other corporate elections have not occurred since the {)assage of " An act to pro- vide for the more efficient government of the rebel States," all persons chosen to public office in this State during this month will report the fact by letter to these headquarters, for the ac- tion of the district commander. Wager Swatne, Major General. Headq'rs Third Military District, Montgomery, Ala., April 1, 1867. Orders No. 1. In compliance with General Orders No. 18, dated Headquartersof the Army, March 15, 1867, the undersigned assumes command of the Tliird Military District, which comprises the States of Alabama, Georgia, and Florida. I. The districts of Georgia and Alabama will re- main as at present constituted, and with their present commanders, except that the headquar- ters of the district of Georgia will be forthwith removed to Milledgeville. The district of Key West is hereby merged into the District of Florida, which will be com- manded by Colonel John T. Sprague, Seventh United States Infantry. The headquarters of the District of Florida are removed to Tallahas- see, to which place the district commander will transfer his headquarters without delay. II. The civil officers at present in office in Georgia, Florida, and Alabama will retain their offices until the expiration of their terms of ser- vice, unless otherwise directed in special cases, so long as justice is impartially and faithfully administered. It is hoped that no necessit j' may arise for the interposition of the military authori- ties in the civil administration, and such neces- sity can only arise from the failure of the civil tribunals to protect the people, without distinc- tion, in their rights of person and property. III. It is to be clearly understood, hovv'ever, that the civil officers thus retained in office sliall confine themselves str.ctly to the performance of their official duties, and whilst holding their offices they shall not use any influence whatever to deter or dissuade the people from taking an active part in reconstructing their State govern- ment, under the act of Congress to provide for the more efficient government of the rebel States and the act suiiplementarj' thereto. IV. No elections will be held in any of the States comprised in this military district except such as are provided for in the act of Congress, PROCLAMATIONS AND ORDERS. 20? and in the manner therein established ; but all vacancies in civil offices which now exist, or which may occur by expiration of the terms of office of the present incumbents, before the pre- scribed registration of voters is completed, will be filled by appointment of the general com- manding the district. John Pope, Major Oineral Commanding. Headq'es Third MiiiTiRT District, Montgomery, Ala., April b, 1867. General Orders, No. 5. I. The following extract frora the recent acts of Congre.'^s in relation to reconstruction in the Southern States is published for the information of all concerned : [Public— No. 6.] An act supplementary to an act entitled " An act to provide for the more efficient govern- ment of the rebel State.s," passed March 2, 1867, and to facilitate restoration. Be it enacted, &c., That before the first day of September, 1867, the commanding general in each district (defined by an act entitled " An act to provide for the more efficient government of the rebel States," passed March 2, 1867) shall eause a registration to be made of the male citi- zens 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 dis- trict, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken and subscribed the 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 the State for next preceding this day, and now reside in the county of , or the par- ish of , in said State as the case may be; that I am twenty-one years old ; that I have not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or the United States ; that I have never been a member of any State legislature, iior held any executive or judicial office in anj^ State, and afterward engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States and afterward engaged in insurrection or rebel- lion against the United States, or given aid or comfort to the enemies thereof ; thai I will faith- fully support the Constitution and obey the kiws of the United States, and will to the best of my ability encourage others so to do. So help me God " — which oath or affimation may be admin- istered by any registering officer. Sec. 4. That the commanding general of each district shall appoint as many boards of regis- tration as may be necessary, consisting of three loyal officers or persons, to make anJ complete the registration, superintend the election, and make return to him of the votes, list of voters, and of the persons elected as delegates by a plurality of the votes cast at said election. * * II. In order to execute this provision of the the act referred to with as little delay as possible, the commanding officers of the districts of Ala- bama, Georgia, and Florida will proceed imme- diately to divide those States into convenient districts for registration, aided by such informa- tion on the subject as they have or can obtain. It is suggested that the election districts in each State which in 1860 sent a member to the most numerous branch of the State legislature will be found a convenient division for registration. It is desirable that in all cases the registers shall be civilians where it is possible to obtain such as come within the provisions of the act, and are otherwise suitable persons; and that military officers shall not be used for the purpose except in case of actual necessity. The com- pensation for registers will be fixed hereafter, but the general rule will be observed of graduating the compensation by the number of recorded voters. To each list of voters shall be appended the oath of the register or registers that the names have been faitli fully recorded and repre- sent actual legal voters, and that the same man does not appear under different names. 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 ma le responsible that every such legal voter has the opportunity to record his name. III. As speedily as possible, the names of per- sons chosen for registers shall be communicated to these headquarters for the approval of the commanding general. IV. The district commanders in each of the States comprised in this military district is au- thorized to appoint one or more general super- visors of registration, whose business it shall be to visit the various points where registration is being carried on, to inspect the operations of the registers, and to assure themselves that every man entitled to vote has the necessary informa- tion concerning his political rights, and the op- portunity to record his name. V. A general inspector, either an officer of the army or a civilian, will be appointed at these headquarters, to see that the provisions of these orders are fully and carefully executed. VI. District commanders may, at their discre- tion, appoint civil officers of the United States as registers, with such additional compensation as may seem reasonable and sufficient. Vli. The commanding officer of each district will give public notice wlion and where the regis- ters will commence the registration, which notice will be kept public by the registers in each dis- trict during the whole time occupied in registra- tion. VIII. Interference by violence, or threats of violence, or other oppressive means to prevent the registration of any voter, is positively pro- hibited; and any person guilty of such inter- ference shall be arrested and tried by the military authorities. By command of Brevet Major General Pope. J. F. CONYNGHAM, A. A. A. G. 2U6 POLITICAL MANUAL. IIeadquaeteus Diste.ct of Alabama, Montgomery, Ala., Ajjril 2, 1867. General 'Orders, No. 1. By direction of General Pope, the iKidersigned is cliarged with the ad.T.inistration of the mili- tary recon.'?truction bill of tliis State. The principles which will control its execu- tion have already been announced. A literal compliance with the requirements of the civil rights bill will be exacted. All payments on account of services rendered during the war to the pretended State organiza- tion, or any of its branches, are peremptorily forbidden. Wager Swatne, Major General. IIeadciuaetees Post of Augusta, Augusta, Ga., April 9, 1867. General Orders, No. 28. It having been reported to me that the mayor and city council of this city construe General Order No. 1, issued from Headquarters Third Military District, dated Montgomery, Ala., April 1, 1867, to mean that their duties as public offi- cers shall cease on the expiration of their term of service, and believing that it was not con- templated by the commanding general of this military district that the city should be left without a civil government, I, therefore, by the power vested in me as commanding officer of this post, do hereby order said civil authorities to continue to perform their civil duties until Buch time as the appointments referred to in section 4 of said General Order No. 1 be received and duly promulgated at this post. T. W. Sweeny, Brevet Col. U. S. A. Com'g. Orders in Fourtli Military District. Headquaetees Foueth Military District> Mississippi and Arkansas, ViCKSBUEG, March 26, 1867. General Orders, No. 1. 1. Tlie undersigned having been appointed by the President to command the Fourth Military District, consisting of the States of Mississippi and Arkansas, hereby assumes command thereof. 2. Competent civil officers in this District are expected to arrest and punish all offenders against the law, so as to obviate as far as possi- ble, necessity for the exercise of military author- ity under the law of Congress, passed March 2, 1867, creating military districts. 3. Such other orders as may become necessary to carry out the above-named act, and an act supplemental thereto, will be duly published. E. C. Oed, Brev. Major and Brig. Oen. V. S. A. Orders in Fifth Military District. Heauquarters Fifth Military Distetct, New Orleans, La., March 9, 1867. General Orders, No. 13. No commander having yet been appointed for the military district of Louisiana and Texas, created by the recent law of Congress, entitled " An act to provide for the more efficient gov- ernment of the rebel States," and Brevet Major- General Mower, commanding in this city, and the mayor and chief of police of the city of New Orleans having all expressed to me personally their fears that the public peace may be dis- I tnrbed by the election for some of the city offi- cers ordered by an act of the legislature of Lou- isiana, to take j)laceon Monday, the 11th instant, and that body, at a special session, having re- fused to postpone said election, thereby rendering it necessaiy that measures for the preservation of the peace should be taken, I hereby assume the authority conferred upon the district com- manders provided for in the act of Congress above cited, so far as it is necessary to declare that no such election shall take place. It is, therefore, ordered that for the preservation of the public peace, no polls shall be opened on that day, and that the elections shall be post- poned until the district commander, under the law, is appointed, or special instructions are re- ceived covering the case. P. H. Sheridan, Major General Commanding. Headquaetees Fifth Militaey Distetct, New Ordeans, La., March 19, 1867. General Oiders, No. 1. I. The act of Congress entitled " An act to provide for the more efficient government of the rebel States " having been officially transmitted to the undersigned in an order from the Head- quarters of the Army, which assigns him to the command of the Fifth Military District created by that act, consisting of the States of Louisiana and Texas, he hereby assumes command of the same. II. According to the provisions of the sixth section of the act of Congress above cited, the present State and municipal governments in the States of Louisiana and Texas are hereby de- clared to be provisional only, and subject to be abolished, modified, controlled, or superseded. III. No general removals from office will be made, unless the present incumbents fail to carry out the provisions of the law, or impede the re- organization, or unless a delay in reorganizing should necessitate a change. Pending the reor- ganization, it is desirable and intended to create as little disturbance in the machinery of the various branches of the provisional governments as possible, consistent v/ith the law of Congress and its successful execution ; but this condition is dependent upon the disposition shown by the people, and upon the length of time required for reorganization. IV. The States of Louisiana and Texas will ^ retain their present military designations, viz: " District of Louisiana," and " District of Texas." The officers in command of each will continue to exercise all their military powers and duties as heretofore, and will, in addition, carry out all the provisions of the law within their respective commands, except those which specifically i-equire the action of the military districtcomiiiander, and exceptincasesof removals from and appointments to olHce. P. H. Sheriuan, Major General Coynmanding. Headquaetees Fifth Militaey District, New Oeleans, La., March 21, 1867. General Ordora, Nu. 5. Andrew S. llerron, attorney general of the State of Louisiana ; Jame^ T. Monroe, mayor of New Orleans; Edmund Abell, judge of the first district court of the city of New Orleans, are PROCLAMATIOjSTS AirD ORDEUa. 207 hereby removed from their respective offices from 12 m., to-day. The foliovving appointments have been made to take eflect from the same date: B. L. Lynch, attorney general of the State of Louisiana; Edward Heath, mayor of New Orleans ; W. W. Howe, judge of the first district court of New Orleans Each persoa removed will turn over all the books, papers, and records, &c., pertaining to his office, to the one appointed thereto. The authority of the latter will be duly respected and enforced. By command of Major General Sheridan. Geo. L. Hartsuff, A. A. G. Headquarters Fifth Military District, New Orleans, La., April 10, 18G7. Special Cl-riprs, No. 15. 2. In obedience to the directions contained in the first section of the law of Congress, entitled " An act supplemental to an act entitled ' An act to provide for the more efficient government of the rebel States,' " the registration of the legal voters, according to the law of the parish of Orleans, will be commenced on the loth instant, and must be completed b}'- the 15th of May. The four municipal districts of the city of New Orleans, and the parish of Orleans, right bank, (Algiers,) will each constitute a registra- tion district. Election precincts will remain as at present constituted. The following appointments of boards of reg- isters is hereby ma.de — to continue in office until further orders, viz : First District— John A. Roberts, Wm. Baker, atid W. M. Geddes. Second District — Edward Ames, T. C. Thomas, and Michael Vidal. Third District — Charles F. Berens, John Mc- Whorter, and H. Stiles. Fourth District — John L. Davies, Henry Ben- Bel, Jr., and Edmund Flood. Orleans Parish, right bank — W. H. Seymour, Thomas Kenefec, and George Herbert. Each member of the board of registers, before commencing his duties, will file in the ofiice of the assistant inspector general at these head- quarters the oath required in the sixth section of the act referred to, and be governed in the execution of his duty by the provisions of the Srst section of that act, faithfully administering the oatn therein prescribed to each person regis- tered. Boards of registers will immediately select Buitable offices, within their respective districts, naving reference to convenience and facility of registration, and will enter upon their duties on the day designated. Each board will be en- titled to two clerks. Office hours for registration ■will be from 8 o'clock till 12 a. m., and from 4 till 7 pm. When elections are ordered the board of regis- ters for each district will designate the number of polls and the places where they shall be opened in the election precincts within its dis- trict, appoint the commissioners and other offi- cers necessary for properly conducting the elec- tions, and will superintend the same. They will also receive from the commissioners of elections of the different [irecincts the result of the vote, consolidate the same, and forward it to the commanding general. Registers an'l all officers connected with eleva- tions will be held to a rigid accountability, and will be subject to trial by military commission for fraud, or unlawful or improper conduct in the performance of their duties. Their rate of compensation and manner of payment will be in accordance with the provisions of sections 6 and 7 of the supplemental act. Brevet Brigadier General J. W. Forsyth, as- sistant inspector general of tbe Fifth Military District, is hereby directed to supervise the boards of registration for the parish of Orleans, to listen to and adjust, or refer to this office, all just causes of complaint. He is authorized to employ such experts as may be necessary to detect fraud in registration or elections. Every male citizen of the United Statestwenty- one years old and upward, of whatever race, color, or previous condition, who has been resi- dent in the State of Louisiana for one year, and parish of Orleans for three months previous to the date at which he presents himself for regis- tration, and who has not been disfranchised by act of Congress or for felony at common law, shall, after having taken and subscribed the oath prescribed in the first section of the act herein referred to, be entitled to be, and shall be, regis- tered as a legal voter in the parish of Orleans and State of Louisiana. Pending the decision of the Attorney General of the United States on the question as to who are disfranchised by law, registers will give the most rigid interpretation to the law, and ex- clude from registration every person about whose right to vote there may be a doubt. Any per- son so excluded who may, under the decision of the Attorney General, be entitled to vole, shall be permitted to register after that decision ia received, due notice of which will be given. By command of Major General P. IL Sheridan. Geo. L. Hartsuff, A. A. G. A MILITARY COMMISSION APPOINTED. The New Orleans Republican of the 13th of April, says: General Sheridan has ordered a military com- mission to meet in this city on Monday next, loth instant, for the trial of Mr. Walker, and such other persons as may be properly brought before it. The following is the detail for the commission : Brevet Major General A. Beckwith, Brevet Brigadier General C. G. Saw- telle, Brevet Colonel M. Maloney, Brevet Colo- nel A. D. Nelson, Brevet Major M. J. Asch, Captain J. D. DeRussey, First Lieutenant John Hamilton. Brevet Major Leslie Smith, judge advocate. Texas. ORDER OF GEN. GRIFFIN. Gen. Griffin, in command of the State, issued the following order on the 5th inst. : Under the act of Congress passed March 2, 1867, to provide for a more efficient government of the rebel States, and the supplementary act thereto, the district commander is required to protect all persons in their rights of person and property, to suppress insurrection, di.'-order, and violence, and to punish or cause to be punished all disturbers of the public peace and criminals. Jurisdiction of ofienses may be taken, am' offend- ers tried by the local civil tribunals, but where 208 POLITICAL MANUAL. it is evident that local civil tribunals will not impartially try casos brought before them, and render decisions according to law and evidence, the immediate military commander will arrest or cause (he arrest of the offenders or criminals, and hold them in confinement, presenting their cases in writing, with all the facts, to these head- quaiters, with the view to the said parties being brought before and tried by a military commis- sion or tribunal, as provided in section three of the military bill. Proclamation of Gov. Brownlow, of Tennessee, February 25, 1867. Whereas, it lias been made known to me, the Governor of the State of Tennessee, that certain atrocious murd(>rs and numerous outrages have been committed in certain counties in this State, by violent and disloyal men, upon the persons and property of Union men, whose only ofl'ense has been their unswerving devotion to the na- tional flag, and their uniform support of the State government; and whereas these bad men are banding themselves together in some locali- ties and notifying Union men to leave within a given time: Now, therefore, I, William G. Brown- low, Governor as aforesaid, by virtue of tlie au- thority and power in me vested, do hereby pro- claim, that I intend to put a stop to all such outrages, by calling into active service a sufficient number of loyal volunteers, under tlie following recent act, which ij now the law of Tennessee : An Act to organize and equip a State Guard, and for other purposes. He it enacted by the General Assemhly of the State of Tcnvssee, That the Governor is hereby authorized and empowered to organize, equip, and call into active service a volunteer force, to be knov.'n as the Tennes.see State Guard, to be composed of one or more regiments from each congres.iional district of the State : Provided al- ways, that the Tennessee State Guard shall bo composed of loyal men, who shall take and sub- scribe the oath prescribed in the franchise act. Sf,c. 2. That tlie Governor shall be comman- der-in-chief, and any member of said force shall be subject to his order, when in his opinion the safety of life, property, liberty, or the faithful execution of law require it; to be organized, armed, equipped, regulated, and governed by the rules and articles of war, and tlie revised army regulations of the United States, so far as applicable, and shall receive pay and allowances according to grade of rank, as provided for the United Stales Army while in active service, to be ]>aid out of any money in the Slate treasury not otherwise afipropriated : Provided, That the force provided for by this act shall not be armed and equipped until called into active service by the Governor. Sec. 3. That this act shall take effect from and after its passage. Standing, as I do, on the broad principles of the Constitution, and sworn to enforce the laws, I have no concessions to make to traitors ; no compromises to offer assassins and robbers ; and if, in the sweep of coming events, retributive justice 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-abiding people — will be sustained and preserved, despite all the efforts of disappointed traitors and dis- loyal newspa])ers. The interests of trade, of agricultural pur- suits, of commercial intercourse between this State and other.? — 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. Dis- loyal men are giving forth their 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-citizenf of all parties the importance, the absolute necessity, of remaining quiet, of pre- serving good order, and a quiet submission to, and a rigid enforcement of, the laws everywhere within the limits of our State. Outrages upon loyal citizens, whether white or black, and the 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 " State 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 the people shall be developed. Hoping this procla- mation will strengthen the hands and inspire the hearts of the loyal people of our State, as to the future, and deter the disloyal from further acts of violence, I respectfully submit it, with a repetition of the assurance that I mean what I 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, Covimander-in- Chief, peared, and, by the agreement of counsel, the apphi'ation was sub- mitted to the court. The opinions of the judges of the circuit court were opposed on thru: ques- tions, which are certified to the Supreme (J'ourt: 1st. "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 petition 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 try and sentence said Milligan, in manner and form as in said jietition and exhibit is stated?" Tlie importance of the main question presented by this reconl cannot be overstated; for it in- volves the very Iramework of the Government and fundamental j'rinciples of American liberty. During the late wicked rebellion, the temper of the times did not allow that calmness in de- liberation and discussion so necessary to a cor- rect conckuion of a jmrely judicial question. Then considerations of safely were mingled with the exercise of power, and leelings and intensts prevailed which are happily terminated. Isow that the f)ublic 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 required to form a legal judgment. We approacli the investigation o.f this case, fully sensible of the magnitude of the inquiry and the necessity of lull and cautious deliberation. But we are met w!th a preliminary objection. It is insisteil tliat the Circuit Court of Indiana had no authority to certify these questions, and that we are without jurisdiction to hear and determine them. The sixth section of the "Act to amend the judicial system of the United States," ap- proved April 29, 1802, declares " that whenever any question shall occur before a circuit court, upon which the opinions of the judges shall be opposed, the point upon which the disagreement shall happen shall, during the same term, upon the request of either party or their counsel, be stated under the direction of the judges, and certified, under the seal of the court, to the Su- preme Court, at their next sess on to be held thereafter, and shall by the said Court be finally 2U9 210 POLITICAL MANUAL. decided ; and the decision of the Supreme Court and their order in the premise? sliall he remitted to the circuit court and be there entered of record, and shall have eli'ect according to tlie nature of the said judgment and order: Proviucd, That nothing herein contained shall prevent the cause from proceeding, if, in the opinion of tlie court, further pi'oceedingscan he had without prejudice to the merits." Il is under this provision of law that a circuit court has authority to certify any question to the Supreme Court for adjudication. The in- quiry, therefore, is, whether the case of Milli- gan is brought within its terms. It was admit- ted at tlie bar tiiat the circuit court had juris- diction to entertain the application for the writ of habeas corpus and to hear and determine it; and it could not be denied, for the power is ex- pressly given ill the lith section of the judi- ciar)'' act of 1769, as well as in the later act of 1863. Ciiief Justice ^larsliall, in Bollman'scase, (4 Cranch.) construed this bi'anch of tlie judi- ciary act to authorize the courts as well as the judges to issue the writ for the pur[iose of in- quiring into the cause of the commitment ; and this construction has never been departed from. But it is maintained with earnestness and abil- ity that a certiiicate of division of o[)inion can occur only in a cause ; and that the proceeding by a jiarty moving for writ of habeas corpus does not become a cause until after the writ has been issued and a return made. Independently of the provisions of the act of Congress of ]\Iarch 3, 1803, relating to habeas corpus, on which the f>etitioner bases his claim for relief, and which we will presently consider, can this position be sustained ? It is true that it is usual for a court, on appli- cation 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 presented in the petition, the prisoner, if brought before it, could be discharged. One of the very points on which the case of Tobias Watkins, re'- ported in 3 Peters, turned was, whether, if the writ was issued, the petitioner would be re- manded upon the case which he had made. The Chief Justice, in delivering the opinion of the Court, 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 ought not to be awarded if the court is satisfied that the prisoner would be remanded to prison." The judges of tlie circuit court of Indiana were therefore warranted by an express decision of this Court in refusing the writ, if satisfied that the prisoner, on his own showing, was rightfully detained ; but, it is contended, if they differed about the lawfulne a of the imprison- ment, and could render no judgment, the pris- oner is remediless, and cannot have the disputed question certified under the act of 1802 His remedy is complete by writ of error or appeal, if the court renders a final judgment refusing to discliarge him ; but if he should he so unfortu- nate as to be placed in the predicament of hav- ing the court divided on the question whether he should live or die, he is hopeless and without remedy. He w'shes the vital question settled, not by a single judge at his chambers, but by tlie highest \.rihun.il known to the Constitution ; and yet tlie privilege is denied him, because the circuit court consists of two judges inste.^,'■ one. iSuch u result v/as not in tlie contempltr- tion of the Legislature of 1802, and the language used by i*. cannot be construed to mean any such thing. The clause under consideration was in- troduced to further the ends of justice by obtain- ing a speedy settlement of important questions where the judges might be opf'Osed m opinion. The act of 1802 so changed the judicial system that the circuit court, instead of three, was composed of two judges; and without this pro- vision, or a kindred one, if the judges difl'ered, the differenue would remain, the question be un- settled, and justice denied. The decisions of this court upon the provisions of this section have been numerous. In United States vs. Daniel, (n Wheaton) the court, in holding that a division of the judges on a motion for a new trial could not be certified, say : " That the question must be one which arises in a case depending before the court relative to a proceeding belonging to the cause." Testing Milligan's case by tins rule of law, is it not apjiarent that it is rightfully here, and that we are compelled to answer the questions on which the judges below were op- posed in opinion ? If, in the sense of the law, the proceeding for the writ of habeas corpus was the "cause" of the party applying for it, then it is evident that the " cause " was jiending before the court and that the questions certified arose out of it, belonged to it, and were matters of right and not of discretion. But it is argued that the proceeding does not ripen into a cause until there are two parties to it. This we deny. It was the cause of Milligan when the petition was presented to the circuit court. It would have been the cause of both parties, if the court had issued tlie writ and brought those who held Milligan in custody be- fore it. Webster defines the word "cause" thus: "A suit or action in court; any legal process which a party institutes to obtain his demand, or by which he seeks his right, or supposed right" — and he says, "this is a legal, scriptural, and popular use of the word, coinciding nearly with case, from cadM, and action, from ago, to urge and drive." In any legal sense, action, suit, and cause are convertible terms. Milligan supposed he had a right to test the validity of his trial and sen- . fence ; and the proceeding which he set in opera- tion for that purpose was his " cause " or "suit." It was tlie only one by which he could recover his liberty. lie was powerless to do more; he could neither instruct the judges nor control their action, and should not suffer, because, with- out fault of his, they were unable to render a judgment. But the true meaning to the terra "suit" has been given by this Court. One of the questions in Weston vs. City Council of Charleston (2 Peters) was, whether a writ of pro- hibition was a suit ; and Chief Justice Marshall says: "The term is certainly a compreheusiva one and is understood to apply to any proceed- ing in a court of justice by which an individual pursues that remedy which the law affords him." JUDICIAL OPINIONS. 211 Geria'.nly Milligan pursued the unly remedy which the law all'orded him. Again, in Cohens vs. Virginia, (0 Whoa ton,) he says : " in law language a suit is the prose- cution of some demand iu a court of justice." Also, " to commence a suit is to demand some- thing by the institution of process in a court of justice: and to prosecute tiie suit is to continue that demand." When Milligan demanded his release by the proceeding relating to /i.abeas cor- pus bo commenced a suit, and he has since prose- cuted It in all the ways known to the law. One of the questions in Holmes vs. Jennison (14 Pe- ters) was, whether under the 2oth section of the judiciary act a proceeding for a writ of habeas corpus was a "suit." Cliief Justice Taney held that, " if a party is unlawfully imprisoned, the writ of habeas corpus is his appropriate legal remedy It is his suit in court to recover his liberty." There was much diversity of opinion on another ground of jurisdiction, but on this, that in the sense of the 25th section of the judi- ciary ai-t, the proceeding by habeas corpia was a suit, was not controverted by any except Bald- win, Justice, and he thought that "suit" and " cause," as used in the section, mean the same tiling. The court do not say that a return must be made and the parties appear and begin to try the case before it is a suit. When the petition »s iiled and the writ prayed for, it is a sui<— the suit of the party making the application. If it is a suit under the 25th section of the judiciary act, w!if n the ])roceedings are begun, it is, by all tJie analogies of the law, equally a suit under the Gill section of the act of 1802. But it is argued that there must be two parties to the suit, because the point is to be .stated upon the request of "either party or their counsel." Such a literal and techni;e the word "court" is not ibund in the body of the second section, it was ai gued at tiie bar that the application should have been made to a judge of tbe court, and not to the court itself; but this is not so; for power is expressly conferred in the last proviso of tbe section on tbe court equally with a judge of it to discharge from im[irisonment. It was tlie manifest design of Congress to secure a certain remedy by which any one deprived of liberty could obtain it, if there was a juret tiiem, that any Ciiief 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 knosvn law, sent it to tbe Supreme Court of the United State? for decision. But even tbe suggestion is injuri- ous to the Executive, and we dismiss it from fur- ther consideration. Tliere is, therefore, nothing to hinder this Court from an investigation oi tho merits of this controversy. The controlling question in tlie case is this : Upon the facts stated in Milligan's petition, and the exhibits filed, had the military commissioti mentioned in it jurisdiction legally to try ar^d sentence him ? Milligan, not a resident of one of the rebellious States, or a prisoner of war, bat 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 jirelerred against Lira, 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 power and authority to try and punish this man? No 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 ])unislied according to law. The power of punishment is alone through the means which the laws have provided for that purpose, and if they are ineffectual there is an immunity fr(uii ])unishmenf.,no matter how great an olTender the individual may be, or how much his crimes may have shocked the sense of JUDICAL OPINIONS. 213 i'ustice o^ the country or endangered its safety. Jy tlui protection of the law human riglits are sccurta- withdraw that protection, and they are at the mercy of wiidied rulers, or the clamor of an excitel people. If tliere was law to justify this military trial, it is not our province to in teri'ere ; if there was not, it is our lete under the " laws and usages of war." It can serve no useful purpose to inquire what those laws and usages are, whence tliey 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 uno])po?ed, 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 nowise 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 never 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 Milligan was tried by a court not ordained and established by Congress, and not compo^^ed of judges appointed during good behavior. Why was he not delivered to the circuit court of In- diana, to be proceeded against according Lo law? 214 POLITICAL MANUAL. No reason of necessity could be urged against it, because Congress bad dechired penalties against llio offences cluvrgod, provided lor their punish- ment, and directed that court to bear and deter- mine them. And soon after this mibtary tribu- nal was ended tlie circuit court met, jieacel'uUy transacted its business, and adjourned. 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 during the rebellion, wlio were provided with juries, upright, intelli- gent, and selected by a marshal apjiointed by the President. The Government had no right to conclude that Milligan, if guilty, would not receive in that court merited punishment, for its records disclose lliat 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 comfort to rebels, of his liberty because he •' conspired against the and incited the people to insurrection," the law said arrest him, coiiline him closely, render him powerless to do further mischief, and then pre- sent his case to the grand jury of the district, with proofs of his guilt, and, if indicted, try him according to the course of the common law. If this had been done the Constitution would have been vindicated, the law of 1SG3 enforced, and the securities for personal liberty preserved and defended. Another guaranty of freedom was broken •when Milligan was denied atrial by jury. The great minds of the country liavo differed on the correct interpretation to be given to various pro- visions of the Federal Constitution ; andjudicial decision has been often invoked to settle their true meaning; but until recently no one ever doubted that the rightof trial by jury was forti- fied in the orgnnic law against tlie jiower of at- tack. It is now assaileil ; but, if ideas can be expres.sed in words, and language has any mean- ing, tills right — 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 alfirms that '" in all criminal prose- cutions the accused shall enjo}' the right to a speedy and public trial by an impartial jury," language broad enougli to embrace all persons and cases; but the fiftli, recognizing the neces- Bity of an indictment, or presentment, before any one can be held to answer for iiigh crimes "ex- cepts eases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger ;" ami tiie frarners of the Constitution doubtless meant to limit the right of trial by jury, in the sixth amendment, to those persons who wore subject to indictment or presentment in the fiftii. Tlie discipline necessary to the efficiency of the army and navy required other and swifter modes of trial tlian are furnished by llio common law courts ; and, in pursuance of tiie power con- ferred by the Constitution, Congress has declared tlie kinds of trial, and the manner in which they Rhall be conducted, I'or offences commiltod wliile the I'urty is in the military or naval service. Every one connected with these branches of th» public service is amenable to tiie jurisdiction which Congress has created for their government, and while thus serving, surrenders bis right to be tried by the civil courts. All other persons, citizens of States v/here the courts are oj^en, if charged with crime, are guarantied the inesti- mable privilege of trial by jury. Tins jiriviloge is a vital princi[ile, 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 peace prevails, and the autliorily of the Government is undisputed, there is no difficulty of preserving the safeguards fcf liberty ; for the ordinary modes of trial are never neglected, and no one wishes it otherwise. But if society is disturbed by civii 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 law.-^. In no other way can we transmit to posterity unimpaired the blessings of liberty, consecrateJ by the sacrilices of the Revolution. It is claimi'd that martial law covers with its broad mantle the proceedings of this military commission. The proposition is this: That in a lime of war the commander of an armed force (if, in his opinion, the exigencies of the country demand it. and of which be is to judge,) has the power, within the lines of his military district, to suspjend 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 com- mander of one of them can, if he chooses, within his limits, oif the plea of necessity, with the ap- proval of the Executive, substitute military force for and to the exclusion of the laws, and punish all persons as he tliinks right and proper, without fixed or certain rules The statement of this proposition shows its importance; for, if true, republican government is a failure, and there is an end of liberty regu- lated by law. Martial law, established on such a basis, destroys every guarantee of the Consti- tution, and effectually renders the " military imlependent of and superior to the civil power" — the attempt to do which by the King of Great Britain was deemed by our fathers such an offence that they assigned it to the world as one of t!ia causes whicii impelled them to declare tiieir in- dependence. Civil liberty and this kind of martial law cannot endure together; tlie antag- onism is irreconcilable, and in the conflict one or the other must perish. This nation, as experience has proved, cannot always remain at peace, and has no riglit to ex- jiect that it will always have wise and humane rulers, sincerely altaciied to the principles of the Constitution. Wicked men, ambitious ot power, with haired of liberty, and contempt of la>v, may fill the place once occupied by Washington and Lincoln ; and, if this right is conceded, and JUDICIAL OPINIONS. 235 tlie calnmities of war again befall us, tLe dan- gers to human liberty are frightful to coi.tfcrn plate. If our fathers had failed to ])rovide for just such a contingency, they would have been false to tlie trust reposed in them. They knew —the liistory of the world told them — the na- tion thej' were founding, be its existence short or long, would be involved in war — how often, or how long continued, human ioresicht could not tell — and that unlimited power, wherever lodged at such a time, was especially hazardous to freemen. For this and other equally weighty reasons, they secured the inheritance they had fought to maintain, by incorporating in a writ- ten constitution the safeguards which time had proved essential to its preservation. Not one of these safeguards can the President, or Congress, or the judiciary disturb, except the one concern- ing the writ of habeas corpus. It is essential to the safety of every govern- ment that, in a great crisis like the one we have just passed through, there should be a power somewhere of suspending the writ of habeas cor- pus. In every war there are men of previously good cliaracter wicked enougli to counsel their fellow citizens to resist the measures deemed necessary 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 Eublic investigation, according to law, may not e possible, and yet the peril to the country may be too imminent to suffer such persons to go at large. Unquestionably, there is then an exi- gency which demamls 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 liabeas corpus. The Constitution goes no further. It does not say after a writ of habeas corpus is denied a citizen, tliat he shall be tried otlierwise than by the course of the common law; if it had intended this result, it was easy by the u?e of direct words to have accomplisliod it. Tb.e illustrious men who framed that instru- 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- torjf informed tiiem that atrial 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 inviolabh;. 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 be well said that a country preserved at the sacrifice of all the cardinal prin-^iples of lib- erty 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 exists in a community and the courts and civil authorities are overthrown. Kor is it a question what rule a militarj' commander, at the head of his army can impose on States in rebellion to cripple their resources and quell the insurrection. The juiisdiction claimed is much more extensive. The necessities of the service during the late rebellion required that the loyal States should be phiced within tlie limits of cer- tain military districts, andcommanders appointed in them ; and it is urged that this, in a military sense, constituted them the theatre of military operations, and, as in this case, Indiana Iiad been and was jigain threatened with invasion by the enemy, the occasion was furnished to establish martini law. The conclusion does not follow from the jiremises. If armies were collected in Indiana, they were to be employed in another locality, where the laws were obstructed and the national authority dis[)Uted. On lier soil there was no hof^tile foot ; if once invaded, that inva- sion was at an end, and with it all pretext for martial law. Alartial law cannot arise from a threatened invasion. The necessity must be actual and yiresent, the invasion real — such as effectually closes 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 plotting treason, the power of arrest could secure 1 hem 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 waa 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 on this subject, that there are occcasions wlien 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 tlie army and society ; and as no power is left but tlie military, it is allowed to govern by martial rule until the laws can have 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, where the national authority was overturned and the courts driven out, i-tdoes not 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 Ameriean history illustrating our views of this question ; but it is hardly necessary to make particular reference to them. From the first year of the reign of Edward the Third, when thePariiamentof England reversed the attainder of the Earl of Lancaster, because he could have been tried by the courts of the realm, and declared " that in time of peace na 21G POLITICAL MANUAL. man oimlit to be adjudged to deatli for treason or any other oflence without being arraigned and held to answer, and tliat 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 tlie liov. 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 in that debate, and denounced the trial as illegal, because it did not appear that the courts of law in 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 Revolutionary fathers on this subject, although Boston was almost 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, martial law." In some parts of the country, during the war of 1812, our ofHcers 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 wliich we cite, not only for the principles they deter- mine, but on account of the distinguished jurists concerned in the decisions, one of whom lor many years occupied a seat on this bench. It is contended that Luther vs. Borden, de- cided by this court, is an authority for the claim of martial law advanced in this case. The de- cision is misapprehended. That case grew out of the attempt m Rhode Island to supersede the old colonial government by a revolutionary proceeding. Rliode Island at that period had no other form of local government than the char- ter granted by King Charles II in IG'iS, and as that limited the rigiit of suffrage, and did not provide for its own amendment, many citizens became dissatisfied because the Legislature would not afford the relief in their power, and without the authority of law formed a new and inde- pendent constitution, and proceeded to assert its 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 service of the old gov- ernment, broke open the house of Luther, who eui>ported the rt£Jit) in order to arrest him. Lu- ther brought suit against Borden, and the ques- tion was, whether, under the constitution and laws of the State, Borden was justified. This court held that a State "may use its military power to put down an armed insurrection too strong to De controlled by the civil author- ity," and if the Legiblatur*' of Rhode Island thought the peril so great as to require the use of it.s military I'orces and the declaration of mar- tial law, there was no ground on which this ccurt could question its autliority, and as Borden acted under military orders of the charter gov- ernment, wliich had been recognized by the po- litical power of the countrj', and was upheld by the State judiciary, he was justified m breaking into and entering Luther's house. This is the 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 consider necessary even to inc^uire "to what extent nor under what circumsUu(-e3 that power may be exercised by a State." We do not deem it important to examine fur- 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 opin- ion, an answer in the negative must be returned. It is proper to say, although ililligan'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 sulxlue a great rebellion by those who enjo\' the protection of government, and have not the excuse even of prejudice of section to plead in their favor, is wicked; but that resistance becomes an enormous crime when it assumes the form of a secret political organization armed to oppose the laws, and seeks by stealthy means to introduce the enemies of the country into peaceful communities, there to light the torch of civil war, and thus overthrow the power of the United States. Consjiiracies like these, at such a juncture, are extremely perilous; and lliose 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, the late war has proved that rigorous laws, when necessary, will be cheerfully obeyed by a jjatri- otic people, struggling to preserve the rich bless- ings of a free government. The two remaining questions in this case must be an.'^wercd in the alRrmative. The suspension of the privilege of tiie writ of habeas corpus does not suspend the writ itself. The writ is.^ues as a matter of course; and on the return made to it, the court decides whether tiie ]>urty applying is denied the right of proceeding any further with it. If the military trial of Milligan was contrary to law, then he was entitled on the facts statea in his petition, to be discharged from custody by the terras of the act of Congress of March 3, 18G3, JTIDICIAL OPINIONS. 217 'flie provisiotia of this law having been consid- ered in a previous part of this opinion, we will not restate the viev.'s tliere presented. Milligan avers he was a citizen of Indiana, not in tlie mil- itary or naval service, and was detained in close coniinement, by order of the President, from the 5th day of October, 1864, nntil the 2d day of Januj'.ry, 1865, wlien the circuit court for the district of Indiana, with a grand jury, convened in session at Indianapolis, and ailerwanls, on tlie 27th day of the same month, adjourned witliout finding an indictment or presentment against him. If these averments were true, (and their truth is conceded for the purposes of this caoe,) the court was required to liberate him on taking certain oaths prescribed by the law, and enter- ing into recognizance lor his good behavior. But it is insisted tiiat Milligan was a [irisoner 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 ibr tlie 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 cannot \>\e? 1 the rights of war, for he was not eimaiie'l i:i lejial acts of hostility against the (joverniuent, and only such persons, when cap- lured, 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 pains and penalties? This case, as well as the kindred cases of Bowles ajd Horsey, were disposed of at the last term, and the proper orders were entered of record. There i**, therefore, no additional entry required. DISSESTING OPISION. Mr. Chief Justice Chase delivered the follow- ing ojdnion : Four 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 been reail, think it their duty to make a separate state. 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. The construction of the act authorizing .'^uch cer- tificates which has hitherto prevailed here, de- nies juiisdiction in cases where the certificate brings up the whole cause L'efore the court. But none of the adjudicated cases are exactly in point, and we are willing to resolve whatever doubt may exist in favor of the earliest possible answers to questions involving life and liberty. We agree, therefore, tliat (his Court may prop- erly answer questions certified in suck a case as that before us. The crimes with which Milligan was charged were of the gravest character, and the petition and exhibits in the record, which must here be taken as true, admit his guilt. But whatever his desert of jiunishmeut may be, it is more im- portant to tlie country and to every citizen that ne should not be punished under an illegal sen- tence, sanctioned by this CouTkof last resort, than tliat he should be punished at all. The laws which protect the liberties of the wliole people must not be violated or set a>ide 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 conimissioa had been under consideration by President Lin- coln for some time, when he himself became the victim of an abhorred conspiracy. It was ap- proved by his successor in May, ISC>'\ and the 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 clearest conviction that it can- not be reconciled with the Constitution 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 Congress of March 3d, 1863, com- prises all the legislation which seems to require consideration in this connection. The constitu- tionality of this act has not been questioned, and is not doubted. The first section authorized the suspension during the rebellion of the writ of habeas corjma throughout the United States by the President. The two next sections limited this authorit^y 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 jirisoners of the United States, under the authority of the Presi- dent, otherwise than as prisoners of war, should be furnislied 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 resjiective jurisdictions, charged with violation of national law. And it was re- quired, in cases where the grand jury in attend- 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 courtshould forthwith make an (U'der that such yirisoner, 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 juuge's order, under penalty, lor 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, tliat any citizen, after the termination of a session of 218 POLITICAL MANUAL. the grand jury witliout indictment or present- ment, miglit, by petilioii alleging the facts, and verified by oath, obtain the judge's order of dis- charge in favor of any person so imin-isoned, on the terms and conditions prescribed in the second section. It was made the duty of the district attornej- of tlie United States to attend examinations on petitions for discharge. It was under this act that Milligan petitioned the circuit court for tlie district of Indiana for discharge from imprisonment. The holding of the circuit and district courts of the United States in Indiana had been unin- terrupted. The administration of the laws in the Federal couits had remained unimyiaired, Milli aan was imprisoned under the authority of the President, and was not a prisoner of war No list of prisoners had been furnished to thejudges either of the district or circuit courts, as required by the law. A grand jury halale no other trial or sentence 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 circumstances specified in the act and described in the petition, without disregarding the plain directions of Con- gress. We agree, therefore, that the two first ques- tions certified must receive affirmative answers, and the last a negative. We do not doubt that 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 bjf 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- m(;nt of the Government of the United States — neither President nor Congress nor the courts — possess any power not given by the Constitu- tion. We assent fully to all that is said in the opin- ion of the inestimable value of trial by jury and of the other constitutional safeguards of civil liberty ; and we concur also in what is said ol JUDICIAL OriNlONS. 219 the writ of habeas corpus and of its suspension, with two reservalions: (1.) That, in our judg- ment, when the writ is suspended, the Execu- tive is authorized to arrest as well as to detain ; and, (i',) that tliere are cases in which, the priv- ilege of the writ being suspended, trial and pun- ishment b}' military commission, in States where civil courts are open, may be authorized by Con- gress, as well as arrest and detention. We chink that Congress had power, though not exercised, to authorize the military commission which was held in Indiana. We do not think it necessary to discuss at largo the grounds of our conclusions. We will briefly indicate some of them. The Constitution itself provides for military government as well as for civil government ; and we do not understand it to be claimed that the civil safeguards of the Constitution have appli- cation in cases within the proper sphere of the former. What, then, is that proper sphere? Congress has power to raise and support armies; to pro- vide and maintain a navy ; to make rules i'or the government and regulation of the land and naval t'orcfs, and to provide for governing such part of the miliiia as may be in the service of the Uni- ted States. It is not denied that the power to make rules for the government of the army and navy is a power to provide for trial and ])unishment by military courts without a jury. It has been so understood and exercised from the adoption of the Constitution to the present time. Nor, in our judgment, does the fifth or any other amendment abridge that power. "Cases arising in the land and naval forces, or in the militia in actual service in time of war or public donger," are expressly excepted from the fifth amendment, "that no person shall be lield to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury," and it is admitted that the excejition ap- ])lies to the other amendments as well as to the tilth. Now we understand this exception to have the same import and effect as if the powers of Con- gress in relation to the government of the army and nav}' and the militia liad been recited in the amendment, fvnd cases within those powers had been expressly excepted from its o[ieration. The States, most jealous of encroachments upon the liberties of the citizen when proposing addi- tional safeguards in the form of amendments, excluded specificallj'' from their effect ca'^es aris- ing in the government of the land and naval forces. Tiius Massachusetts proposed that "no person Rliall 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, exce[it in such cases as may arise in the govern- ment and regulation of the land forces." The exception in similar amendments proposed by New York, Maryland, and Virginia, was in the pame or equivalent terms. The amendments pro- poseil liy the States were considered by the First Congress, and such as were approved in sub- ptano'3 were put in form, and proposed by that body to th(' States. Among those thus proposed, and subsequently ratified, was that which now stands as til* filth amendment of the Constitu- tion. Wo cannot doubt that this amendment was intended to have the same force and elTect as the amendment proposed by the States. Wo cannot agree to a construction which will im- pose on the exception in 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 £t7id of the militia, is not at all affected by the fifth or any other amendment. It is not ne- cessary to attem[it any precise definition of the boundaries of this power. But m.ay it not be said that 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 attemfiting the destruction or great injury of the national forces may be subjected by Congress to military trial and punishment in the just exercise of this undoubted constitutional power? Congress is but the agent of the nation, and does not the security of individuals against the abuse of this, as of every other power, depend on the intel- ligence and virtue of the people, on their zeal for public and private liberty, upon official re- sponsibility secured by law, and upon the fre- quency of elections, rather than upon doubtful constructions of legislative powers? But we do not put our opinion, that Congress might authorize such a military commission as v.'as held in Indiana, upon the power to provide for the government of the national forces. Congress has the power not only to raise and support and govern armies, but to declare war It ha'!, therefore, the power to provide by law for carrying on war. Tliis power necessarily extends to all legislation essential to the prose- cution of war with vigor and success, except such as interferes with the command of the forces and the conduct of campaigns. That power and iluty belong to the President as Commander-in-Chief. Both these powers are derived from the Consti- tution, but neither is defined by that instru- ment. Their extent must be determined bj' their nature, by the laws of nations, and by the prin- ciples of our institutions. The power to make the necessary laws is in Congress ; the power to execute, in the President. Both powers imply many subordinate and aux- iliary (towers. Each includes all authorities essential to its due exerci=e. But neither can the President, in war more than in peace, intrude upon the proper authority of Congress, nor Con- gress ufion the proper authority of the President. Both are servants of the people, whose will is expressed in the fundamental law. Congress cannot direct the conduct of campaigns, nor can the Pr{»:ident, or anj' commander under him, without the sanction of Congress, institute-tri- bunals for the trial and punishment of oflences, either of soldiers or civilians, unless in cases of a controlling necessity, which justifies what it compels, or at least ensures acts of indemnity from the justice of the Legislature. 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 exists the laws of peace must 220 POLITICAL MANUAL. pre\ail. What we do maintain is, that when the naiion is involved in war, and some jjorlions ol' the coiintiy are invadid, and all are exposed to invasion, it is within the power of Congress to determine in what States or districts snch great and iniminent public danger exists as justities tiie anihorization of military tribunals lor the trial of crimes and offences against the disci[iline or security of the army, or against the public Eaf<-ty. In" Indiana, for example, at the time of the arrc-^t of Millig;'.n and his co conspirators, it is established by the pa[iers in the record, that the Slate was a military district, was the theatre of militarv operations, had been actually invaded. and was constantly threatened with invasion. It appears, also, that a i>owerful secret a.ssocintion, composed of citizens and others, existed within the State, under military organization, conspiring against the draft, and plotting insurrection, the liberation of the prisoners of war at various depots, the seizure of the State and national ar- senals, armed co-operation wiih ihe enemy, and war against the National Government. We cannot doubt that, in such a time of public danger, Congress had power, under the Consti- tution, to provide for the organization of a mili- tary commission, and for trial by that commission of persons engaged in this conspiracj^. The fai^t that the Federal courts were open was regarded bv Congress as a sufficient reason for not exer- cising the power ; but that fact could not deprive Congress of the right to exercise it. Those courts migiit be open and undisturbed in the execution of their functions, and yet wholly incompetent to avert threatened danger, or to [)unish, with adequate promptitude and certainty, the guilty conspirators. In Indiana the judges and officers of the courts were l()3'al to the Government. But it miglit have been otherwise In times of rebellion and civil war it may often happen, indeed, that judges and marshals will be in active S3'mpathy with the rebels, and courts their most efficient allies. We have confined ourselves to the question of power. It was for Congress to determine the question of expediencv. And Congress did di^- tennine it. '1 hat body di 1 not see lit to authorize trials by military commission in Indiana, but by the strongest implication prohibited them. W' itli tiiat jirohibition we are satisfied, and should have remained silent if the answers to the questions certified iiad been yiut on that ground, without denial of the existence of a power which we believe to be constitutional and important to the public safety — a denial which, as we have already suggested, seems to draw in question the power of Congress to protect from prosecution the mem- bers of military commissions who acted in obedi- ence to their superior officers, and whose action, whether warranted by law or not, was ap[iroved by that u[irigiit and ])atriotic President under whose adminisiration the Republic was rescued from ihreatenod destruction. We have thus far said little of martial law, nor do we propose to say much. What we have already said sufficiently indicates our opinion th;it there is no law for the government of the citizens, the armies, or the navy of the United States, within American jurisdiction, which is not contained in or derived from the Constitu- tion. And wiierever our army or navy may go, beyond our territorial limits, neither can go beyond the authority of the President or the legislation of Congress, There are under the Constitution three kinds of military jurisdiction — one to be exercised both in peace and war; another lo be exercised in time of foreign war without the boundaries of the United St.ates, or in time of rebellion and civil war witiiin States or districts occupied by rebels treated as belligerents; and a third to be exercised in time of invasion or insurrection within the limits of the United States, or during rebellion within the limits of States maintaining adhesion to the National Government, wlien the public danger requires its exercise. The first of the-^e may be called jurisdiction under mili- tary LAW, and is found in acts of Congress pre- scribing rules and articles of war, or olherwiso providing for the government of the national t'orces ; the second may be distinguished as mili- tary GOVERNMENT, superseding, as far as may be deemed ex[>edient, the local law, and exercised by the military commander under the direction of the President, with the express or implied sanction of Congress; while tiie third may be denominated martial law proper, 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 invai^ion, or of civil or foreign war, within distriits or localities where ordinary law no longer adequate- ly secures y)ublic suiety and private rights. We think that the power of Congress, in suf^h times and in such localities, to authorize trials for crimes against the security and safety of the national forces, may be derived from its consti- tutional authority to raise and support armies and to declare war, if not from its constitutional authority to provide for governing the national forces. We have no apprehension that this power, un- der our American system of government, in which all ofiicial authority is derived from the peo|ile, and exercised under direct responsibility to the people, is more likely to be abused than the power to regulate commerce or tlie power to borrow money. And we are unwilling to give oui" assent iiy silence to expressions of ojiinion which seem to us calculated, though not intended, to crip'ple the constitutional powers of the Gov- ernment, and to augment the public dangers in times of invasion and rebellion. Mr Justice Wayne, Mr. Justice Swayne, and Mr. Justice Miller concur with me in these views. On the Missouri Constitutional Test Oath of Loy- alty, January 14, 1867. Mr Justice Field delivered the opinion of the Court in the case of John A. Cummings vs. I'he State of JUissouri. This case comes before us on a writ of error to the su[)reme court of Missouri, and involves a consideration of the test oath imposed by the constitution of that State. The plaintiff in error is a priest of the Roman Catholic Cliurch, and was indicted and convicted, in one of the circuit JUDICIAL OPINIONS. -Jl courts of tliat State, of the crime of teacliing and preaoliitig, as a priest and minister of that relig- ious denomination, wilhout having first taken the oath, and was sentenced to ]iay a fine of $500, and to be committed to jaii until the same was paid. On appeal to the supreme court of the State, the iudg.-nent was atiirmod. The oath prescribed by the constitution, di- vided into its se[)arable parts embraces more than tliirty distint-t atiirmalions or tests. iSome of the acts against which it is directed constitute offences of the highest grade, to which, upon conviction, heavy penalties are attached. Some of the acts have never been classed as offences in the laws of any State, and some of the acts under many circumstances would not even be blameworthy. It requires the affiant to deny aot only that he has ever been in armed hostil- ity to the United States or the lawful authori- iies thereof, but, among other things, that he has ever, " by act or word," manifested his adhe- rence to tlie cause of the enemies of the United States, foreign or domestic, or his desire for their triumjih over the arms of the United States, or his sympathy with those engaged in rebellion, or that he has ever harbored or aided any per- son engaged in gueri ilia warfare against the loj'al inhabitants of the United States, or has ever en- tered or left tlie State lor the piir|iose of avoid- ing enrollment or draft in the military service of the United States, or to escape the perform- ance of dut}' in the militia of the United States, or has ever indicated in any terms his disaffection to the Government of the United States in its contest with rebellion. Every person who is unable to take this oath is declared incapaljle of holding in the State "any office of honor, trust, or profit under its authority, or of being an officer, counselor, di- rector, or trustee, or other manager of any incor- poration, public or private, now e.xisting or liere- alter established by its authority, or of acting as a professor or teacher in any educational institu tion, 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 [lositions mentioned, at the time the constitution takes effect, is re- quired within si.xty 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- tion shall ipso facto become vacant. And no person alter the expiration of the sixty days is permitted, without taking the oath, " to practice as an attorney or counselor at law, nor, after that period, can any person he 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." Fine and imprisonment are prescribed as a punishment for holding or exercising any of the offices, positions, trusts, professions or func- tions specified without having taken the oath, and false swearing or affirmation to the oath is declared to be perjury, and punishable by im- prisonment in the penitentiary. The oath thus required is without any prece- dent that we can discover for its severity. In thi first place, it is retrospective. It embraces all the past from this day, and if taken yeara hence, it will also cover all the interviiiiiig pe- riod. In its retrospective feature, it is [leculiar to this country. In England and France there have been test oaths, but tliey 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 yilace, the oath is directed not merely against overt and visible acts of hostility to the Govern- ment, but is intended to reach words, desires, and symjiathies also; and, in the third plate, it allows no distinction between acts springing 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 sym[iatliy 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 debarred from the offices of honor and trust and tlie 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 Couit 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 forliids any State to pass a bill 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 jios- sessed originally all the attributes of' sovereignty ; that they still retain those attributes, except as thev have been surrendered by the formation of the Constitution ami 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 which its citizens may exercise their various callings and fiursuits 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 qualificatioq or attaching a condi- tion, the 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 inliibition of the Constitution. Qualifications relate to the fitness or capacity of the party for a particular pursuit or profession. Webster defines the term to mean "any natural endowment or any acquirement which fits a person for a place, office, or employment, or 222 POLITICAL MANUAL. enables him to sustain any character with suc- cess." It is evident from the nature of the pur- euits and professions of the parties phiced under disabilities by the constitution of ftlissouri, 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 fatt that Mr. Cumiuings entered or left the State of Missouri to avoid enrollment or draft iii 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 ex])ression of words of sympathj' with persons drawn into the rebellion, constitute any evidence of the untltne«!S of the attorney or counselor to piat-'tice his profession, or of the professor to teach liie 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 is manifest, u|)on the simple statement of the acts and the professions and pursuits, tiiat there 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 parlies were qualified or not for their res])ective callings or the trusts with which they are charged. It was required in order to reach the person, not the calling. It was exacted not from any notion that ttie acts designated indi- cated unfitness for the calling, but because the acts were thought to deserve punishment, and there was no way to punish the persons who liad committed them but by depriving them of some of tiie rights and privileges of the citizen. The disabilities created by the constitution of Missouri must be regarded as penalties They constitute punishment. We do not agree with the counsel of Missouri that " to punish one is to dejirive him of life, liberty, or property, and that to lake from him anything less than these is no punishment at all." The learned counsel does not use these terms, " life, liberty, and jiroperty," 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 " propert}' " those estates which one may acquire in professions, though they are often the source of the highest emoluments and honors. The de[)rivation of any rights, civil or politi- cal, may be punishment, the circumstances at- tending and the causes of deprivation determin- ing this fact. Disqualification from office may be punishment, as in cases of conviction upon irnyieachment. Disqualification from the pursuit of a lawful avocation, or from positions of trust, or from the privilege of aj'ipearing in the courts, or acting as executor administrator, or guardian, may alsu, and often has been, imposed as pun- ishment. By the statute of 9 and 10 William III, if any person educated in or having raaacity to hold a public office or place of trust, to prosecute any suit, to be guardian or executor, to take any leg- acy or deed of gift, and to vote at any election 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 exile or banishment, by abjuration of the realm or transportation : others in loss of liberty, by perpetual or temporary irnyirisonment Some extend to confiscation by forfeiture of lands or movables, or both, or of the profits of lands for life. Others induce a disabihty of holding office or employments, being heirs and executors, and the like." Among the Romans, loss of the priv- ilege of membersiiip of the family or of citizen- ship were punishments inflicted by her laws. In France, deprivation or suspension of civil rights, or of some of them, are punishments prescribed by her code, and among civil rights are included the right of voting, of eligibility to oilice, 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 thesd rights all are equal beforo the law. Any deprivation or sus- pension of any of these rights for past conduct or acts is punishment, and 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 deyiri- vation or suspension of political or civil rights, and the disabilities prescribed by the provisions of the Missouri constitution being in etl'ect pun- ishment, we proceed to consider wiiether 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 wliich that struggle aroused. It was in the midst of the struggle that the present constitution wm framed, although it was not adopted by tlie peo- ple until the war had ceased. It would have been strange, therefore, had it not exhihiled in its provisions some traces of the excitement amid which tlie convention held its deliberations. It was against the excited action of the States, under such influences as these, that the framers of the Federal Constitution intended to guard. In Fletcher us Peck, Mr. Chief Justice Marshall, speaking of such action, uses tliis language: " \Vliafcv(!r respect might liiivo been Colt lor tlie Slate sov- ereiRiitiep, it is nut to l>o (lis£;iiisi'd tli.it tlie fV:inicrH of tlio Conslitiitiim viewed, witli Bome iippri'iieiision. the violent nets wliiili nii^lit grow (Hit of the j'celii'rs of the nuiiuciit ; and that tho people of the United blatos, in adopt iug th.il JUDICIAL OPINIONS. Instrument, have manifestcfl a flptprmination to shield tliem- ' Bulves Jiiiti lliuir prupeity frmii tlio i-ffm^tH of tlioBe KniJclcii and stioii)! piis-giDtis to « liicli men aru exjiostd. Thn restric- tions on tlid lejiijlative power of the Slates are obTiously luiiided in tliis sentiment; and the ( (institution of tlie fJnited States oontains wliat may bo deemed u bill of righw for the people of each t^tato : | "' No t^tate shall pass any bill of attainder, ex post facto law, or law imiiaiiing the ohlisation of contracts.'" I A bill of attainder is a legislative act which ' inllicts punishment without a judicial trial. II' the punishment be leas than death the act i.s termed a bill of pains and penalties. Within the meaning of the Constitution bills of attain- der include bills of jiains and penalties. In these cases the legislative body, in addition to its le- gitimate functions, exercises the powers and of- fice of j udge. It assumes, in the language of the text books, judicial rnagistrac}'. It pronounces upon the guilt of the parties without any of the forms or safeguards of trial. It determines the sufficiency of the proofs produced, whether con- formable to the rules of evidence or otherwise. It fixes the degree of punisiiment 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 subserviency to tbe 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- dividuals 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 be or heretofore have been comforters, abettors, partakers, confederates or adherenis of the said late 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 tlie said comforters, aider'^. abettors, un- iertakers, confederates, and adiiients shall be as strong and effectual in the 1 > -v against them and every one of them as thoii:.' i ihey and every one of tlietn had l^een specially . singularly, and particularly named by their proper names in the said act." Tliese bills may inflict punishment absolutely or may inllict it conditionally. The bill against the Earl of Clarenilon, passed in the reign of Charles II, enacted tiiat the Earl should suffer perpetual exile and be lorever 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 fir t of February, l('>(i7, he should Buffer the pains and penalties of treason, with a proviso, however, that if he surrendered himself Defore the said first day of February for trial, the penalties and disabilities declared should bo void and of no effect. " A British act of Parliament," to cite the lan- guage of the supreme court of Kentucky, "might declare that if certain individuals failed to do a given act by a named day they should be dt-emed 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 the Eng- lish courts would enforce it without indictment or trial by jury." If the clause? of tlie third article of the constitution of Missouri, to which we have referred, had in terms declareii that Mr. Cummings was guilty, or should be held guilty, of havin^g been in armed hostility to the United States, or of having entered that I State to avoid being enrolled or drafted into the ' military service, and thereaiier sliould be de- prived of the right to preach as a priest of the Catholic Church or to teach in any institution of learning, there would be no (piesiion but tliat the clauses would constitute a bill of attainder ■ within the meaning of tiie Federal Constitution. i If these clauses, instead of mentioning Ins name, had declared that priests and clergymen within the State of Missouri were guilty of these acts, or should be held guilty oi them, and lience should be subjected to the like deprivation, the clauses would be equally o[ien to objection. And further, if these clauses had declared that all such priests and clergymen should be held guilty, and be thus deprived, provided they did not by a day designated do certain specified acts, they would be no less within the inhibition of the Federal Constitution. i In all these cases there would be the legisla- tive enactment creating the deprivation, without any of the ordinary forms and guards provided for the security of the citizen in the administra- , tion of justice by the established tril'unals. The results which would follow from clauses of the character mentioned do follow from the clauses actually adopted. The difference between the last case supposed and tlie case actually [ire- sented is one of form only, and not of substance. The existing clauses presume the guilt of the yiriests and clergymen, and adjudge the depri- vation of their right to preach or teach unless the presumption be first removed by their ex[)ur- gatory oath. In other words, they assume the guilt and adjudge the punishment conditionally. The clauses 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 not with equal directness. Tlie purpose o the law inakerin the case supposed would be openly avowed; in the case existing it is only disguised. The legal result must be the same, for what can- not be done directly cannot be done indirectly. The Constitution deals with sul'Stance, not sliad- ows. Its inhibition was levehid at the thing, not the name. It intended that the risihts of the citizen should be secured against defiriva- tion for past conduct by legislative enactment, however disguise I. If the inhibition can be avoided by the form of the enactment, its inser- tion in the fundamental law was a vain and fntile proceeding. We proceed to consider the second clause of what Mr. Chief Justice Marshall terms "a bill of rights for the people of e.ach Slate," 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 punisliable at the time it was committed, or im- poses additional punishment to that ti;en pro- scribed, or changes the rules of evidence, by which less or ilifferent testimony is required to convict than was then exacted. In Fletcher vi. 224 POLITIOAL MANUAL. Peck, Mr. Cliipf Justice Marshall defined an tx post /'rtc^o law to be " one wliicli makes an act punisliable in a manner in wliicli it was not pun- ishable when it was committed." " ."^uch alaw," said that eminent judge, " niaj- inflict penalties on the persoti, or may inflict pecuniary ponaiiies which swell tlie public treasury. The legisla- ture is, tlien, proltibiled frotu passing a law by which a man's estate, or any fiart of it, shall be Beized lor a crime wliich was not declared by some previous law to render liim lialde to tbat punish- ment. Why, then, should violence be done to the natural meaning of the words for the pur- po.arties against wliorii they are directed as though the crimes were defined and tlie j'unishment declared, '^lliej' 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. Tbey are aimed at past acts, and not future facts. They were intended to operate upon parties who, in spme form or manner, liy action or words, directly or indirectly, had aided or countenanced the rebellion, or sympathized with parties engaged in the rebellion, or had en- deavored to esca[)e 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 ofllices and trusts, and to pursue their ordinary and regular avoca- tions. This dejirivation is punishnieut ; nor is it any less so because a way is o[iened for escape from it by the expurgatory oath. The frameis 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 impo.s.sible condition is equivalent to an ab- solute denial of the right under any condition, and such denial enforced for a pistact is noth- ing else than jtunishment imjiosed for that act; it is a misapplication of terms to call it anything else. Now, some ot the acts to which the expurga- tory oath 1? directed were not oifences at the time they were committed. It was no oll'euce against any law to enter or leave the State of Missouri for the purpose of avoiding enroll- ment or draft in the military service, however much the evasion of such service might be the subject of moral censure. Clauses which pre- scribe a penalty for an act of this nature are within the terms of the definition of an ex jiost Jiicto law. They imyiose a |iuuishinent for an act not punishable at the time it w.as comniiLied. , Some of the acts at which the oath is dir.'Cted ! constituted high offences at the time they vi^ere ' committed, to which, upon conviction, tine and , imprisonment or other heavy penalties were at- tached. The clauses which provide a further j penalty for these acts are also within the defini- tion of an ex post facto law. Theyimiiose addi- tional punishment to tliat prescribed when tl)e '• act was committed. And this is not all. The clauses in question subvert the jiresunrptions of I innocence and alter the rules of evidence which ! heretofore, under the universally recoguu'.ed i principles of the common law, have been sup- I posed to be fundamental and unchangeable. I They assume that the parties are guilty; they call upon the parties to show their innocence, and they declare that such innocence can be shown only in one way, by an inquisiuun in the form of an expurgatory oath into the consciences of the parlies. The objectionable character of these clauses will be more ap[iarent if we put them iu the ordinary form of a legislative act. Tlius, if in- stead of the general provisions in the Constitu- tion, the convention had provided as lolUnvs: " Be it enacted, that all persons who have been in armed hostility to the United States shall, upon conviction thereof, not only be iiunished as the laws firovided at the time the ofiences were committed, but shall also be thereafter n-ndered incapable of hohling any of the offices, trusts, and positions, and of exercising any of the pur- suits mentioned in the third article of the con- stitution of Missouri," no one could have any doubt of the nature of the act. It would be an ex post facto law, and void, for it would aihl a new punishment to an old offence. So, too, if the convention had passed an enactment of a similar kind with reference to those acts which do not constitute offences. Thus, had it provided as follows : " Be it enacted, that all persons who have heretofore at any time entered or left the State of Missouri with intent to avoid enrollment or draft in th.e military service of the United States, shall, upon con\'iction thereof, be forever rendered incapable of hohling any office of honor, trust, or profit in the United States, or of teach- ing in any seminary of learning, or of preaching as a minister of the Gosjiel of any denomination, or exercising any of the professions or pursuits mentioned in the third article of the Constitu- tion," there would be no question of the char- acter of the enactment. It would be an ex 2>os' JUDICIAL OPINIONS. 225 fado b.w, because it would impose 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 supposed would accomplish. Tliej^ impose the Bamo 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- posed, 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 not so, if that which cannot be accomplished by means looking directlj' to the end can be accom- plislied 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, if convicted, pardoned. The legislature then may pass an act that if the person thus acquitted or pardoned does not take an oath 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, again, in the progress of events, persons now in the minority in the State should obtain the as- cendency, and secure the control of the Govern- ment; nothing could prevent, if the constitu- tional prohibition can be evaded, the enactment of a provision requiring every person, as a con- dition of holding any office of honor or trust, or of pursuing any avocation in the State, to take an oath that he had never advocated or advised or supported the imposition of the present expurgatory oath. Under this form of legislation the most flagrant invasions of private rights in periods of excitement may be enacted, and indi- viduals, and even whole classes, may be deprived of political and civil rights. A question arose in New York, soon after the treaty of peace of 1783, upon a statute of that State, which involved a discussion of the nature and character of these expurgatory oaths when used as a means of inflicting punishment. The subject was regarded as so important, and the requirement of the oath such a violation of the fundamental principles of civil liberty and the rights of the citizen, that it engaged the attention of eminent lawyers and distinguished statesmen of the time, and among others, of Alexander Ham- ilton. We will cite some passages of a paper left by him on the subject, in which, with his char- acteristic fullness and ability, he examines the 15 oath and demonstrates that it is not only a mode of inflicting punisViment, but a mode in violation of all the constitutional guaranties secured Ijy the Revolution of the rights and liberties of the peo- ple: " If we examine it," (the measure requiring the oath,) said 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, and instead of obliging the State to prove the guilt in order to inflict the penalty, it was to oblige the citizen to show his own innocence to avoid the penalty. It was to excite scruples iu 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 tha penalty of dis- qualification was annexed, with this aggrava- tion, that it deprived the citizen of the benefit of that advantage which he would have enjoyed by leaving, as in all other cases, 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 should incur all the penalties which our treason laws pre- scribe, v/ould 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 cases 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 immediately see that this proceeding would be tyrannical and a violation of the treaty ; and 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 i:tf'eviously forfeited their right, and that therefore nothing is taken away from them is a begging of the question. IIow 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 an improper mode, 22G POLITICAL MANUAL. because it puts the most essential interests »f the citizen upon a worse footing than we should be willing to tolerate where inferior iaterests are concerned, and because, if allowed, it sub- etitutes for tlie established and legal mode of investigating crimes, and inflicting forfeitures one tiiat is unknown to the constitution and re- pugnant to the genius of our law." Similar views have frequently been expressed by the judiciary in cases involving analogous questions. They are presented with great force in the matter of Dorsty, (7 Porter,) but we do not deem it necessary to pursue the subject further. The judgment of the supreme court of Missouri must be reversed and the cause remanded, with directions to enter a judgment reversing the judgment of the circuit court, and directing that court to discharge the defendant i'rom imprison- ment and sutler him to depart without day, and it is so ordered. On the Test Oath of Lawyers, Jan. 14, 1867. Mr. Justice Field delivered the opinion of the Court : I am also instructed by the Court to deliver its opinion in the matter of the petition of A. H. Garland. On the 2d of July, 1862, Congress passed an act prescribing an oath to be taken by every person elected or appointed to any office of honor or profit under the Government of the United States, either in the civil, military, or naval de- partments of the public service, except the Pres- ident of the United States, before entering upon the duties of his office, and belore being entitled to its salary or other emoluments. On the 2-lth of January, 1865, Congress passed a supplement- aiy act, extending its provisions so as to embrace attorneys and counselors of the courts of the United States, which provides that after its pas- sage no person shall be admitted as an attorney cr counselor to the bar of the Supreme Court, and, after the 4th of March, 1865, to the bar of any circuit or district court of the United State.s, or of the Court of Claims, or be allowed to ap- pear and be heard by virtue of any previous admission or any special power of attorney ; un- less he shall have first taken and subscribed the oath prescribed in the act of July 2, 1862. The act also provides that the oath shall be preserved among the files of the court ; and if any person take it falseh', he shall be guilty of perjury, and, upon conviction, shall be subject to the p)ains and penalties of that offence. At the December term of 1860, the petitioner was admitted as an attorney and counselor of this Court, and took and subscribed the oath then required. By the second rule, as it then existed, it was only requisite to the admission of attor- neys and counselors of this Court that they Bhould have been such officers for the three pre- vious years in the highest courts of the States to which they respectively belonged, and that their private and professional character should appear to be fair. In March, 1865, this rule was changed by the addition of a clause* requiring the admin- istration of an oath, in conformity witlt the act of Congress. In May, 1861, the State of Arkansas, of which the p>etitioner was a citizen, passed an ordinance of secession which purported to withdraw the State from the Union, and afterwards, in the same year, by another ordinance, attached her- self to the so-called Confederate States, and by act of the Congress of that Confedency she was received as one of its members. The petitioner followed the State and was one of her represent- atives, first in the lower House, and afterwards in the Senate, of the Congress of that Confed- eracy, and was a member of the Senate at the time of the surrender of the Confederate forces to the armies of the United States. In July, 1865, he received from the President of the United States a full pardon for all offences committed by him by participation, direct or im- plied, in the rebellion. He now produces this pardon, and asks permission to continue to prac- tice as an attorney and counselor of the court, without taking the oath required by the act of January 24, 1865, and the rule of this court, which he is unable to take by reason of the offi- ces he held under the Confederate government. He rests his application principally upon tv.'0 grounds : First, that the act of January 24, 1865, so far as it affects his status in the court, is unconstitutional and void ; second, that if the act be unconstitutional, he is released from com- pliance with its provisions by the pardon of the President. The oath prescribed by the act is as follows: 1. That the deponent has never volunta- rilj^ borne arms against the United States since h*> has been a citizen thereof. 2. That he has not voluntarily given aid, countenance, counsel, or encouragement to persons engaged in armed hos- tility thereto. 3. That he has never sought, ac- cepted, or attempted to exercise the functions of any office whatsoever under any authority or pretended authority in hostility to the United States 4. That he has not yielded a voluntary support to anj- pjretended government, authority, power, or constitution within the United States hostile or inimical thereto. 5. That he will sup- port and defend the Constitution of the United States against all enemies, foreign and domestic, and will bear true faith and allegiance to the same. This last clause is promissory only, and re- quires no consideration. The questions pre- sented for our determination arise from the other *Tlie rule, ndopteil witlmnt rtissent, is as follows: SUPREME COOIW OP THE UMTED STATES. Dccembor Term, 1SG4. — Fi-iday, March 10, 1805. Amendment to 2d Hule. Ordered, That tlio liint cUuiho of the gecond rule of this Court be araeuUcd so as to road as follows : Thoy shall resfH'ctivoly take aud Biibscribe the following oath or affirmation : I, , do solemnly swear that I hare never voluntarily borne arms ng:iinst the United States since I hsve bei'n a citizen thereoY; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought, nor accepted, nor attempted to exercise the functions of any office whatever, tinder any atithority, or I'retended authority, in hostility to the United States; vliat 1 have not yielded a voluntary support to any pretended government, authority, power, or constitution, within llie United States, hostile or inimical thereto. And I do fuitlier swear, (or affirm,) that, to the best of my knowledge and ability, I will sui)port and defend the Constitulion of the United states against all enemies, foreign and domestic ; lliat I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion. And I do further solemnly swear, (oraflfirr.), as the case may be.) that 1 will demean myself as an attorney and counsellor of this Court uprightly aud according to law: So help mo God. JUDICIAL OPINIONS. 227 clauses. These all relate to past acts. Some of t'hese acts constituted, when they were com- mitted, offences against the criminal laws of the country, and some of them may or may not have been offences, according to the circum- stances under which they were committed and the motives of the parties. The first clause covers one form of the crime of treason, and the affiant must declare that he has not been guilty of this crime, not only during the war of rebellion, but during any period of his life since he has been a citizen. The second clause goes beyond the limits of treason, and embraces not only tlie giving of aid and encouragement of a treason- able nature to a public enemy, but also the giv- ing of assistance of any 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 preservation of order. The fourth clause not only includes those who gave a cordial and ac- tive support to the hostile government, but also those who yielded a reluctant obedience to the existing order established without their co-opera- tion. The statute is directed against parties who have oiJ'ended in any of the particulars embraced by these clauses, and its object is to exclude them from the profession of the law, or at least from its practice in the courts of the United States. As the oath prescribed 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 or any of the ordinary avocations of life for past conduct can be regarded in no other light than as a punishment for such conduct. The exaction of the oath is the mode provided for ascertaining the parties upon whom the act is intended to operate, and, instead of lessening, increases its objectionable character. All enactments of this kind partake of the nature of bills of pains and penalties, and are subject to the constitutional inhibition against the passage of bills of attain- der, uu'ler which general designation they are included. In the exclusion which the statute adjudges, it imposes a punishment for some of the acts specified, which were not punishable, or may not have been punishable at the time they were committed ; and for other acts it adds a new punishment to that then prescribed, and it is thus brought within the further inhibition of the Constitution against the passage of an ex post facto law. In the case of Cummingf vs. The State of Mis- souri, just decided, we had occasion to^consider the meaning of a bill of attainder and an ex post facto law in the clause of the Constitution for- bidding their passage by the States, and it is un- necessary to repeat here what we there said. A like prohibition is contained in the Constitution against enactments of this kind by Congress, and tlie argument presented in that case against certain clauses of the constitution of Missouri is equally applicable to the act of Congress under consideration in this case. The profession of an attorney and counseloi 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 the United States. They are not elected or appointed in the manner prescribed by the Constitution for the 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 always 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 the possession of the re- 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 such and conduct causes therein From its entry the parties become offi- cers of the court, and are 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 opportunity 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 was so held by the court of ap- peals of New York in the matter of the applica- tion of Cooper for admission. " Attorneys and counselors," said that court, "are not only offi- cers of the court, but officers whose duties relate almost exclusively to proceedings of a judicial nature, and hence their appointment may, with propriety, be entrusted to the courts ; and the latter, in performing this dut)'', may very justly be considered as engaged in the exercise of their appropriate judicial functions." In ex parte Se- comb, a mandamus to the supreme court of the Territory of Minnesota to vacate an order re- moving an attorney and counselor was denied by this court on the ground that the removal was a judicial 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, where the decision was in its nature a judicial act, and within the scope of its jurisdiction and discretion." And in the same case the court observed 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 for what causes he ought to be removed." The at- torney and counselor, being by the solemn juii- 228 POLITICAL MANUAL. cial act of the court clothed with his ofEce, does not hold it as a matter of grace and favor ; the right wliich it confers upon him to appear for suitors, and to argue causes, is something more than a mere indulgence, revokahle at the plea- sure of the court or at the command of the le- gislature ; it is a right of which he can onl}' be deprived by tlie judgment 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 for the pursuit of any of the ordin- ary avocations of life ; but to constitute a quali- fication, the condition or thing prescribed must be attainable, in theory at least, by every one. That which from the nature of things, or the past condition or conduct of the 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 under the form of creating qualifications, we have held in the case of Cummings vs. The State of Mis- souri, and the reasoning upon which that conclu- sion was reached applies equally to similar ac- tion on the part of Congress. These views are further strengthened by a con- sideration of the effect of the pardon produced by the petitioner and the nature of the pardon- ing power of the President. The Constitution provides that the President " shall have power to grant reprieves and pardons for olfences against the United States, except in cases of im- f)eachment." The power thus conferred is un- imited, 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 oirclude 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 pres'cribed for the offense, and the guilt of the offender, and when the pardon is full it releases the punisliment 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 offence. If granted before conviction, it prevents any of the penalties and disabilities conse(iu(at upon conviction, from at- taching. If graim-d after conviction it removes the penalties and disabilities, and restores him to all his civil rigli's. It makes him, as it were, a new man, and gives him a new credit and ca- pacity. There is only this limitation to its ope- ration : it does not restore offices forfeited, or .propc'ty or interests vested in others inconse- quence of the 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 conditions which have been complied with. 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 pre- 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 that 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.* DISSENTING 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 shall leave no cause for such laws all good men look with anx- iety, and with a hope, I trust, not altogether 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 who engaged in the recent effort to destroy that Gov- ernment by force, can never cease to be one oi profouii'd interest. It is at all times the exercise of an extremely delicate power for this Court to declare that the Congress of the nation or the *Tbo now order, niado by a luiijority, is as folFows : Supreme Court of the U.mted States. December Term, 1806. — Monday, January 1-i, 1S67. Order of Court. It is now hero ordered by tlio Court that tlio aryiendmcnt to the eecoiid rule of tliis Court, wliioli requires the oath prescribed by the act of Congress of January 'U, 18(35, to bo lakcu by attorneys and counselore, be, and tUe same i», hereby resciuded and annulled. JUDICIAL OPINIONS. 229 legislative body of a State has assumed an au- thority not belonging to it, and, by violating the Constitution, has rendered void its attempt at legislation. In the case of an act of Congress, which expresses the sense of the members of a 30-ordinate department of the Government, as much bound 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 the Constitution should be so clear as to leave little reason 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 the constitution of Mis- souri upon which the Court has just passed, but entertaining a strong conviction that both were within the competenc_v 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 attorneys 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 that instrument says that " the judicial power of the United States shall be vested in one supreme court and such 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 shall 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 number 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 ofiicers, as marshals, clerks, prosecuting at- torneys, bailifis, commissioners, and jurors; and by the actof 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- sonally, 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 conduct causes therein." It is believed that no civilized nation of modern times has been without a class of men intimately connected with the courts and with the administration of justice, called variously attorneys, counselors, solictors, proctors, or other terms of similar im- port. Tho enactment which we have just cited recognizes this body of men and their utility iu the judicial system of the United States, and imposes upon the courts the duty of providing rules by which persons entitled to become men> 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, shoritf-, 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 courts as a profession is a privilege granted by the law under such limitations or conditions in each State or government as the law-making power may prescribe. It is a privilege, and not an absolute right The distinction may be illustrated by the dif- ference between the right of a party to a suit in court to defend his own cause, and the right of another party to appear and defend for him. The one, like the right to life, liberty, and the pursuit of happiness, is inalienable; the other is the privilege conferred by law on a person who complies with the prescribed conditions. Every State in the Union, and every civilized govern- ment, has laws by which the right to practice in its courts may be granted, and makes that right to depend upon the good moral character and professional skill of the party upon whom the privilege is conferred. This is not only true in reference to the first grant of license to practice law, but tlie continuance of the right is made by these laws to depend upon the continued possession of these qualities. Attorneys are often deprived of this right upon evidence of bad moral character, or specific acts of immorality or dishonesty, which show that they no longer possess the requisite qualifications. All this is done by law, either statutory or common, and, whether the one or the other, equally the expres- sion of the legislative will, for the common law exists in this country only as it is adopted or permitted by legislatures or by constitutions. No reason is perceived why this body of men, in their important relations to the courts of the nation, are not subject to the action of Congress to the same extent that they are under the legis- lative control in the States, or in any other Gov- ernment, and to the same extent that the judges, clerks, marshals, and other ofiicers of the court are subject to congressional legislation. Having the power to establish the courts, to provide for and regulate the practice in those courts, to cre- ate their officers, and to prescribe their functions., can it be doubted that Congress has the full right to prescribe terms for the admission, rejection,, and expulsion of attorneys, and for requiring of them an oath to show whether they have the. proper qualifications for the discharge of their- duties. The act which has just been declared to be- unconstitutional is nothing more than a statute which requires of all law)'ers who propose to practice in the national courts that they shall take the same oath which is exacted of every of- ficer of the Government, civil or military. This- oath has two aspects — one which looks to the past conduct of the party, and one to his future conduct — but both have reference to his disposi- tion to support or to overturn the Government ia 280 POLITICAL MANUAL. whose functions he proposes to take a part. In substance, he is required to swear that he has not been guilty of treason to that Government in the past, and that he will bear faithful allegi- ance to it in the future. That fidelity to the Government under which he lives, and true and loyal attaclimeut to it, and a sincere desire for its preservation, are among the most essential qualifications which should be required in a lawyer, seems to me too clear for doubt. The history of the Anglo-Saxon race shows that for ages past the members of the legal profession have been powerful for good or evil in the Gov- ernment. They are by the nature of their du- ties the moulders of public sentiment on ques- tions of government, and are every day engaged in aiding in the construction and enforcement of the laws. From among their numbers are necessarily selected the judges who expound the laws and the Constitution. To suffer treason- able sentiments to spread here unchecked is to permit the stream on which the life of the na- lion depends to be poisoned at its source. In il- lustration of this truth, I venture to affirm that if all the members of the legal profession in the States lately in insurrection had possessed the qualification of a loyal, faithful allegiance to the Government, we should have been spared the horrors of that rebellion. If, then, this qualifi- cation be so essential in a lawyer, it cannot be denied that the statute under consideration was eminently calculated to secure that result. The majority of the Court, however, do not base their decision on the mere absence of au- thority in Congress and the States to enact the laws which are the subject of consideration, but insist that the Constitution of the United States forbids in prohibitory terms the passage of such laws, both to Congress and to the States. The provisions of that instrument relied on to sustain this doctrine are those which forbid Con- gress and the States respectively from passing bills of attainder and ex post facto laws. It is said that the act of Congress and the provision of the constitution of the State of Missouri under review are in conflict with both these provisions, and are therefore void. I will examine this proposition in reference to these two clauses of the Constitution in the order in which they occur in that instrument. First, in regard to bills of attainder. I am not aware of any judicial decision by a court of Federal jurisdiction which undertakes to give a definition of that term. We are therefore compelled to recur to the bills of attainder passed by the English Parliament, that we may learn so much of their peculiar characteristics as will enable us to arrive at a sound conclusion as to what was intended to be prohibited by the Constitution. Tlie word " attainder" is derived by Sir Thomas Tomlyn in his law dictionary from the words attincto and attinctura, and is defined to be the Btain or corruption of the blood of a criminal capitally condemned, the immediate, inseparable consequence, by the common law, of the pro- nouncing of the sentence of death, and the effect of this corruption of the blood was tliat the party attainted lost all inheritable quality, and could neither receive nor transmit any property or other rights by inheritance. This attainder or corruption of blood, as a consequence of judi- cial sentence of death, ccntinued to be the law of England in all cases of treason to the time when our Constitution was framed, and, for aught that is known to me, is the law of that country on condemnation for treason at this day. Bills of attainder, therefore, or acts of attainder, as they were called after they were passed into statutes, were laws which declared certaiu per- sons attainted and their blood corrupted, so that it had lost all inheritable quality. Whether it declared other punishments or not, it was an act of attainder if it declared this. This also seems to have been the main feature at which the au- thors of the Constitution were directing their prohibition ; for, after baving in article 1 pro- hibited the passage of bills of attainder, in sec- tion 9 to Congress, and in section 10 to the States, tliere still remained to the judiciary the power of declaring attainders. Therefore, to still fur- ther guard against this odious form of punish- ment, it has provided in section 3, article 3, concerning the judiciary, that, while Congress shall have power to declare the punishment of treason, no attainder of treason shall Avork cor- ruption of blood or forfeiture, except during the life of the person attainted. This, however, while it was the chief, was not the only peculiarity of bills of attainder which was intended to be included within the consti- tutional restriction. Upon 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, and 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 Government instead of the judiciary ; second, the sentences pronounced and the punishmenta 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 pres- ence or that of his counsel, and no recognized rule of evidence governed the inquiry. (See Story on the Constitution, section 1,344.) It is no cause for wonder that the men whe had just passed successfully through a desperate struggle in behalf of civil liberty should feel a 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 keejting separate and distinct the primary departments of the Government. Mr. Hamilton, 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 Constitiation these powers are so justly balanced and restrained that neither will probably be able to make much encroachment upon the others. Nor was it lesa repugnant to their views of the security of per- sonal rights that any person should be con- demned without a hearing and punished with* JUDICIAL OPINIONS. 231 out a law previously prescribing the nature and (extent of that punishment. They therefore struck boldly at all this machinery of legislative despotism, by forbidding the passage of bills of attainder and ex post facto laws, both to Con- gress and to tlie States. It remains to inquire whether in the act of Congress under consideration — and the remarks apply with equal force to the Missouri constitu- tion — there is found any of these features of bills of attainder, and, if ,?o, whether there is sufficient in the act to bring it fairly within the description of that class of bills. It is not claimed that the law works a corruption of blood. It will there- fore be conceded at once that the act does not contain this leading feature of bills of attainder. Nor am I capable of seeing that it contains a conviction or sentence of any designated person or persons. It is said that it is not necessary to a bill of attainder that the party to be affected should be named in the act, and the attainder of the Earl of Kildare and his associates is re- ferred to as showing that the act was aimed at a class. It is very true that bills of attainder have been passed against persons by some de- scription when their names were unknown, but in such cases the law leaves nothing to be done to render its operation effectual but to identify those persons. Their guilt, its nature, and its punisliment are fixed by the statute, and only their personal indent! ty remains to be made out. Such was the case alluded to. The act declared the guilt and punishment of the Earl of Kildare and all who were associated with him in his en- terprise, and all that was required to insure their punishment was to prove that association. If this were not so, then it was mere brutum fal- men, and the parties other than the Earl of Kil- dare could only be punished, notwithstanding tlie act, by proof of their guilt before some com- petent tribunal. No person is pointed out in the act of Con- gress, either by name or by description, against whom it is to operate. The oath is only required of those who propose to accept an office or to practice law, and as a prerequisite to the exer- cise of the functions of the lawyer or the officer it is demanded of all persons alike. It is said to be directed, as a class, to those alone who were en- gaged in the rebellion ; but this is manifestly incorrect, as the oath is exacted alike from the loyal and disloyal under the like circumstances, and none are compelled to take it. Neither does the act declare any conviction either of persons or classes. If so, who are thej'', and of what crime are they declared to be guilty ? Nor does it pronounce any sentence or inflict any punish- ment. If by any possibility it can be said to provide for conviction and sentence, though not found in the act itself, it leaves the party him- self to determine his own guilt or innocence, and pronounce his own sentence. It is not, then, the act of Congress, but the party interested, that tries and condemns. We shall see, when we come to the discussion of this act in its relation to ex post facto laws, that it inflicts no punish- ment. A statute which designates no criminal either by name or by description, which declares no guilt, pronounces no sentence, and inflicts no punishment, can in no case be called a bill of attainder. Passing now to the consideration, whether this statute is an ex post facto law, we find that the meaning of that term, as used in the Constitu- tion, is a matter which has been frequently be- fore this Court, and it has been so well defined as to leave no room for controversy. The only doubt which can arise is as to the character of the particular acts claimed to come within tiie defi- nition, not as to the definition of the phrase itself. All the cases agree tfiat the term is to De applied to criminal causes alone, and not to civil proceedin£»s. In the language of Justice Story in the case of Watson vs. Mercer, 8 Peters, 88, "ex post facto laws relate to penal and criminal proceedings which impose punishments and for- feitures, and not to civil proceedings, which affect private rights retrospectively." (Calder vs. Bull, 3 Dallas, 386; Fletcher rs." Peck, G Cranch, 87; Ogden vs. Saunders, 12 Wheaton, 2G6; Satterlee vs. Matthewson, 2 Peters, 380.) The first case on the subject is that of Caldei vs. Bull, and it is the case in which the doctrine concerning ex post facto law is most fully ex- pounded. The Court divides all laws which come within the meaning of that clause of the Constitution into four classes : 1. Every law that makes an action done before the passing of the law, and which was innocent when done, crimi- nal, and punishes such action. 2. Every law that aggravates a crime, or makes it greater than •it was when committed. 3. Every law that changes the punishment, and inflicts a greater punishment than the law annexed to the crime when committed. 4. Every law that alters the rule of evidence, and receives less or different testimony than the law required at the time of the commission of the ofl'ence to convict the offender. Again, the Court draws, in the same opinion, the true distinction as between ex post facto laws and retrospective laws, and proceeds to show that however unjust the latter may be, they are not prohibited by the Constitution, while the former are. This exposition of the nature of an ex post facto law has never been denied, nor has any court or any commentator on the Con- stitution added to the classes of laws here set forth as coming within that clause of the organic law. In looking carefully at these four classes of laws, two things strike the mind as common to them all : First, that they contemplate the trial of some person charged with an offence ; second, that they contemplate a punishment of a person found guilty of such offence. Now, it seems to me impossible to show that the law in question contemplates either the trial of a person for an ofl'ence committed before its passage, or the punishment of any person for such an offence. It is true the aot requiring an oath provides a penalty for falsely taking it ■, but this provision is prospective, as no one is supposed to take the oath until after the passage of the law. This prospective penalty is the only thing in the law which partakes of a criminal character. It is in all other respects a civil pro- ceeding. It is simply an oath of office, and it is required of all office-holders alike. As far as I am informed, this is the first time in the his- tory of jurisprudence that taking an oath of office has been called a criminal proceeding. If it is not a criminal proceeding, then, by all the 232 POLITICAL MANUAL. aai'ioritios, it is not an ex post facto law. No tnai of any person is contemplated by the act for any past ofl'ence ; nor is any party supposed to be cliarged with any offence in the only pro- ceeding which the law provides. A person pro- posing to appear in the court as an attorney is asked to take a certain oatli. There is no charge made against him that he has been guilty of any of the crimes mentioned in that oath ; there is no prosecution. There is not even an implica- tion of guilt by reason of tendering him the oath ; for it is required of the man who has lost every- thing in defence of the Government, and whose loyalty is written in the honorable scars which cover his body, the same as of the guiltiest trai- tor in the land. Plis refusal to take the oath subjects him to no prosecution; his ta,king it clears him of no guilt and acquits him of no charge. Where, then, is this ex post facto law which tries and punishes a man for a crime committed before it was passed? It can only be found in those elastic rules of construction which cramp the powers of the Federal Government when they are to be exercised in certain directions, and enlarge them when they are to be exercised in others. No more striking example of this could be given than the cases before ns, 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 lield to confer jiower 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 tiie reasoning of the ma- jority is in the meaning which they 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 afSict 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 are, by a law passed since those offences were committed, made liable to tlie 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 is 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- tarily 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 lier lawa. Such a per- son has exhibited a trait of cliaracter which, without the aid of the law in question, author- izes the court to declare him unfit to practice 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, and I now proceed to show 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 iu the legal sense of that term. " Punishment," says Mr. Wharton in his Law Lexicon, " is a renalty for transgression of the law," and this is perhaps as comprehensive and at the same as accurate a definition as can be given. Now, what law is it whose transgression is punished iu the case before us ? None is referred to in the act, and there is nothing on its face to show that it was intended as an addi- 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 intention or desire to inflict this small ad- ditional punishment for a crime whose penalty was alread}' death and confiscation of property. in fact, the word " punishment" is used by the court in a sense v/hich 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 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 be coerced from him be- fore ; but this law comes clearly witliin 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 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 is a civil, tnd not a criminal proceeding, and that the imprisonment in the one case, and the prohibition to practice law in the other, are not punishments in the legal meaning of that term. The civil law maxim, iiemo debet bis vexari pro una et eadem causd, has long since been adopt- ed in the common 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 t!iis rule that no man can be twice lawfully punished for the same offence. We have already seen that the acts of which the 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, instead of permitting parties to appear without taking JUDICIAL OPINIONS. 233 the oath, had been the other way, here would have been ihe 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 wliich con- Btitute tlie crime of treason ; and yet, if the applicant here should be afterwards indicted for treason on account of those same acts, no one would pretend that the proceeding here could be successfully 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- gress 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 punishment 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 b}- 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 co-nstitution of nearly all the States requires as a qualification for voting that 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 of 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 than that of a disloyal attorney forbid by 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 tlie time when this statute was passed, the darkest hour of our great struggle, the ne- cessity for its existence, the humane character ■of the President--nvho signed the bill, and the face of the law itself, all show that it was purely a qualification exacted in self-defence of all who took part m administering the Government in any of its departments, and that it was not passed for the purpose of inflicting punishment, however me.-ited, 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 bill 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 proposition that the pardon of the President re- lieves the party accepting it of the necessity of taking the oath, even if the law be valid. I am willing to concede that the presidential pardoa relieves the party from all penalties, or, in other words, from all {he punishment which the law inflicts for his ofl'ence ; 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 a right to prescribe as necessary to an attorney, then the President cannot, by pardon or otherwise, dispense with the law requiring such qualification. This is 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 the 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 persons 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 remains 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 religion 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 the 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 Rev. B. Permoli, reported in 3 Howard, 589. An ordinance of the first municipality of thecity of New Orleans imposed a penalty on anj^ priest who should officiate at any funeral in any other church than the Obituary Chapel. Mr. Permoli, a Catholic priest, performed the funeral services 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 holy functions, he 234 POLITICAL MANUAL. brought the case to this Court ; but, hard as the case was, the Court replied to him in t'le follow- ing language: " The Constitution 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 Constitution of the United States in this respect on the States." Mr. Permoli's writ of error was therefore dismissed for want of jurisdiction. In that case an ordinance of a mere local corporation forbade a priest loyal to his Government from performing what he believed to be the necessary rites of his Church over the body of his dejiarted friend. This Court said it could give him no relief. In this case the constitution of the State of Mis- souri, the fundamental law of the people of that State, adopted by their popular vote, declares that no priest of any Church shall exerci.se his ministerial functions unless lie 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 great evils in- flicted on the country by the voluntary action of man J' of those persons affected by the laws under consideration, nor, on the other liand, of the hard- ships which they are now sutiering much more as a consequence of that action than of any laws which Congress could possibly frame; but I have endeavored to bring to the examination of the grave questions of constitutional law involved in this inquiry those principles alone which are calculated to assist in determining what the law is, rather than what in my private judgment it ought to be. I am requested to say that the Chief Justice and Justices Swayne and Davis concur in this opinion. Opinion of the Supreme Court of the District of Columbia in a like Case, February 12, 1867 Chief Justice Caetter said: This is a motion on the application of Mr. Allen B. Magruder and others for admission to the bar of tins court, connected with a motion to rescind the rule which provides that each ap- [ilicant for admission to bar shall, before being admitted, take and subscribe the following oath: "I, , do solemnly that I liave never vohiuta- rily Ijoino nrni.s against the United States since I have been a citizen thereof; that I have v^ihinlarily t^iven no aid, countenance, counsel, or encouragement to persons engajjcd in armed hostility thereto; that I have neither sought, nor aecejited. nor atlempted to exercise, the functions of any ofHco wli.itcver, under any authority, or jiretended author- ity, in hostility to the United States; that 1 have not yielded a voluntary support to any pretended government, author- ity, power, or constitution within the United States, hostile or inimical thereto. And I do further that, to tlie best of niy knowledge and ability, I will support and (b'fend the Cniistitution of the United States against all enemies, for- eign and domestic; that I wiU bear true failli and alle- giance to the same; that I take this obligation freely, without i'.ny mi'iit.il nsirvation or purpose of evasion, ancl that 1 will well and failblully discharge the duties of the office on whicli I am abctut to enter : so help me God. Sworn lo and Bubscribed before mo this day of , 18G — ." The consideration of the subject in the order of the application suggests the inquiry, whether the applicant is eligible to admission irrespocti /e of the oath. His liistory in this connection, as rendered bj^ himself, makes him a citizen of the District of Columbia immediately antecedent to the outbreak of the rebellion, and a member of the bar of the fornier circuit court, and as such attorney under the obligation of the following oath, which he took and subscribed on the 12th of December, 1857 : " I do solemnly swear that I will support the Constitution of the United States; that I do not hold mys(df in alle;;iauoo to the kiiig or queen of Great IJritain; and that 1 will we'' and truly behave and demean mys('lf in the ollice of attor- ney of this court in all things appertainins; to the duties thereof, to the best of my skill and judgment; so help nio God. And I declare that I believe in the Christian rclfgiou." It also appears, from his ov/n statement, that about the time of the inauguration of the rebel- lion, and before the secession of Virginia, he transferred himself from this jurisdiction to that State, where he became an officer in the rebel army, doubtless, as such, binding himself under oath to do all in his power to destroy this Gov- ernment. The reason he assigns for the violation of his oath to support the Constitution of the United States, 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 fealty. The mere statement of his case, as given by him- self, would seem to make it impossible for any fed- eral court to incorporate him among its officers. The assumption of State sovereignty and the paramount duty of the citizen to the State is old as a pretence in justification for resistance to federal authority, having been chiefly used as a means to that end ; but 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- ment of the United States only existed at the will of one of its members, is incapable of belief, and. -simply argues that the Government of the United States never existed, or if it had exist- ence, had not vitality for self-preservation. The disqualification of the applicant for admission is made more significant if possible by his disincli- nation and failure to say that in taking the oath to support the Constitution of the United States in contemplation of admission to the bar of this court, he would regard it as binding him and his conscience in paramount duty to this Govern- ment. The essential absurdity of the position, that a State in conflict with the federal power is greater than the nation, and duty to the State greater than duty to the nation, which v/as put forth prior to the rebellion chiefly as a specula- . five means to tlie destruction of tlie Federal Gov- ernment, seems still to afflict him, notwithstand- ing it has been persuaded and whipped out of nearly everybody else of similar hallucination by five 3'ears of bloody war and the sacrifice of about a million of men. It will be perceived, from this view of his case, that if the oath in question did not exist, it would still l)e impos- sible for the court to give the tipplicant admis- sion to this bar. This leads us to the consideration of the motion to rescind the first rule of this court, adopted [March 23, 1863, in order that the several parties named in the motion may be admitted as mem- judi::aL oi-iNiojNs. i^iio bers of the bar without first taking the oath pre- scribed by that rale. We understand the motion to be based sub- stantially upon the assumption that the oath is unconstitutional, tliat its unconstitutionality has been determined by the Supreme Court, and that that determination is mandatory upon the judg- ment of this court ; that it is unconstitutional because it is ex post facto and in the nature of a penalty. It is a fundamental rule, that to au- thorize a court to pronounce a law unconstitu- tional the fault of the law should be clear, and its violation of the Constitution unembarrassed by doubt. Deference to the deliberations and judgment of the law-making and co-ordinate branch of the Government not only recommends this rule, but makes it imperative. Up to the time of the publication of the recent opinion of the majority of the Supreme Court, this court, from the time of the adoption of the rule, has entertained no doubt of its constitutionality, or of its propriety and necessity. The only doubt now existing in this regard has been raised by the expression of the opinion of the majority of that Court. It is said to be ex post facto and in the nature of a penalty. Let us inquire. The penalty for what act? A law after what act ? Does it pro- pose to inflict an additional penalty for the trea- son committed, or simply to leave the traitor where the treason left him — in the enjoyment of all the ordinary and natural estate of tlie citizen ? The ex post facto penalty contemplated by law is a new penalty prescribed for previous crimes — a new punishment for an old transgression. Does this rule do that? If it does, it is by withhold- ing a privilege that the party never had, and that does not pertain to the estate of ordinary citizenship. The fact in the premises which it is objected is ex post facto is the office of attorney, witii its privileges and immunities as a member of this bar — a fact which the party never had, and is now for the first time seeking. The con- dition to the enjoyment of the office complained of here, instead of being after the fact, precedes it, and is really complained of as an obstacle to it. The oath, instead of being a penalty, is simply among the evidences of fitness for the en- joyment of the estate in prospect, which, among other tests, this court has seen fit to impose for the protection of the morale of the bar and the integrity of the Government. This view of the nature and constitutional character of this rule is sufiiciently satisfactorj^ to our mind without the aid even of the acknow- ' ledged constitutional power of Congress to make retroactive laws. It is unnecessary to discuss in the light of this argument the effect of the pardon, inasmuch as it is not part of the ofiice of a pardon to create in a criminal new rights disconnected with his crime and which he did not before possess. But it is insisted that the unconstitutionality of this rule has been determined by the Supreme Court, which determination is mandatory upon this court. In ascertaining what the Supreme Court has determined, the first guide to judg- ment 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 Court has not decided the case before us. The case decided by the Supremo Court 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 tho Supreme Court was a privilege in possession. The case before us is a privilege in j)rospect. 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 ; and it may be well 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 by eminent judges. The question remaining to be considered in this connection is, conceding the decision of the Su- preme Court to 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. To make their de- cision mandatory iipon the judgment of thia court in the strict definition of their authority, they must have 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 consideration. If there was any doubt upon this point, that doubt has been removed by the repeated decisions of that eminent tribunal. In ex parte Burr, 9 Wheaton, 529, Chief Justice Marshall, delivering the opinion of the Court, said: " On one hand the profession of an attorney is of great importance to an individual, and the prosperity of liis whole life may depend on its exercise. The right to exercise it ought not U> be liglitly or capriciously talcen from liim. Ou the otiier hand it is extr-emely desirable tliat the respecta- bility of the bar sliould lie maintained, and tliat its liarmony v'itli the bench should be preserved. For these objects some controlling power, some discretion, ought to reside iH the court." " This discretion ought to be exercised witli great modera- tion and judgment, but it must be exercised; and no other tribunal can decide in a case of removal from the bar with the same means of information as the court itself. If there be a rerising tribunal, which possesses controlling authority, that tribunal will always feel the delicacy of interposing its authority, and would do so only in a plain case." In ex parte John L. Tillinghast, 4 Peters, 108, the Court said : " When, on a former occasion, a mandamus was applied fbr to restore Mr. Tillinghast to the roll of counsellors tw the district court, this Court refused to interfere with the matter, not considering the same within their cognizance." And in ex parte Secomb, 19 Howard, page 13, Chief Justice Taney said : "In the case of Tillinghast vs. Conkling, which came be- fore this Com t in January term, 1829, a similar motion was overruled by the Court. I'lio case is not reported to the Court, but a brief written opinion remains on the files of the Ccurt, in which the Court says that tlie motion is overruled upon the ground that it had not jurisdiction in the case. Tlio re- moval of tlie attorney and couiiseUorin th:itr,-ise took place in a district court of the United States, exevci-ing the puwer (if a circuit court in a court of that character, and the rela- tions between the court and the attorneys and counselors rOLITICAL MAISL'AL. who prac list' ill it, and their respective rights and duties, (ire ret;ulati'd by the common law ; and it has been well set- tled by the common rules and practice of the common law courts that it rests ca;c?i/Si'fc/^ with the court to determine who is qualified to become one of its officers as an attorney and counsellor, and for what cause he ought to bo removed." After these repeated decisions this question may be said to be res judicata. The iulierent right of each court to regulate its own rules of pjractice, including the terms of admission of attorneys to and dismissions from the bar, has come down to us unquestioned through the long life of the common law. With regard to this court, and its inherent, power of making its rules of admission to and dismission frcm the bar. Congress, the law-maker of this court, has not onh' confirmed the common law power of the court, hitherto deemed almost neces- sary to the existence of the court, but made it the dutj' 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- Bumption that tlie opinion referred to is author- it)' 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 sent. 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 substautial aid from the decision. If we were to adopt the conclusion of the ma- joritj', 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 tlie 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 im- 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 up the cases of the Mayor of New York vs. George ^liln and George Bricervs. the Common- wealtli's Bank of Kentucky (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 tlie law-making power which created it be consulted in its modification or repeal. Without suggesting what would be our judg- ment as to the modification of the rule, or whether any, let it be sufficient to say that it is a que.stion for legislation, and not for adjudica- tion. The motions are denied. JUDGE WYLIE's OPI-VION. Matter of the application of Allen B Magru- der to be admitted to the bar of the supremo court of the District of Columbia. Also, motion made by Mr. Bradley, that said court rescind its rule requiring ajiplicants for admission to the bar to take the oath commonly called the test-oath, prescribed and adopted 23d March, 1863. Tliis application and this motion, though in some respects distinct subjects, have been argued together. I shall first proceed to consider the motion to rescind our rule. By the act of the 3d March, 1863, the late cir- cuit court and the late criminal court of this District were abolished, and their powers and jurisdiction transferred to the supreme court of the District of Columbia, which was established by the same act. That act afeo 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 bnr should take and subscribe, as a condition of their admission, the oath, which the judges had themselves volun- tarily taken, prescribed bv the act of Congress approved July 2, 1862. That act is in the following words : '•That hereafter every person elected or appointed to any office of honor or profit under the Government of the United States, either in the civil, military, or naval depart- ment of the public Service, excepting the President of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation : 'I, A B, do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have vol- untarily given no aid, countenance, couusel,or encouragement to persons engaged in armed hostility thereto; that I 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 I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States hostile or inimical thereto; and I do further swear (or allJrui) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter ; so help me God." This oath has been taken and subscribed by every one who has since been admitted to the bar of this court. The act, however, was not of itself obligatory upon the court or any of its officers, but only 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 tlie Government ; we were a court created by the United States, to stand if it stood, and be destroyed if it were overthrown ; we were at the capital of the nation, and yet in sight of tha armed forces of the rebellion. Treason walked our very streets defiantly, and encouraged ita partisans amongst us with the promise of a speedy triumph of the rebellion. It was at a time like this that the court fell JUDICIAL OPINIONS. ZUi itself called upon to exert its whole power to excl-ude the traitors to their countrj' from admis- sion to the bar of one of that country's courts, and we ordained the rule which we now have under consideration. Its constitutionality was not then called in question, nor was its propriety doubted. The office of attorney at law is one known to the common law, and with us is regulated in part by that law, partly by several acts of the Assembly of llaryland yet in force in this Dis- trict, and partly by the act of Congress of 3d March, 1863, creating this court. The English statutes relating to attorneys at law are not in force here. At common law no one was allowed to prac- tice law in any court till after examination and admission, and every court possessed the exclu- sive power of prescribing the qualifications and conditions for admission to its bar. Blackstone says: " No one can practice as an attorney in any of the courts of Westminster Hall but such as is admitted and sworn an attorney of that particular court; an attorney of the curt of liing's bench cannot practice in the common pleas, nor vice versa.*' The statute of Maryland of April, 1715. ch. 41, sec. 2, conferred upon the courts of that ? tate full powers to make " such rules and orders Jrom 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 Beem 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 jt the bar without qualification or restriction, {ealvo jure corona,) except that no court should admit any attorney to its bar without requiring of him the oath of allegiance prescribed by tlie act of Par- liament, passed in the 6th of Q'ioen 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." These acts, though more than a hundred and fifty years old, are still the law of this District,' except that the Governinent of tlie United States has succeeded to the allegiance which was for- merly sworn to tbs queen of Great Britain; and our rule has furbished a fitting substitute for that oath, accoramojdted to the changes of govern ments which hjye taken place in this country since the rsi^u of Queen Ann. Being tha3 a court of the United States, vested with full power to establish our own ritles for the admission of members to the bar, and for governing and regulating the court and the offi- cers and suitors thereof, without accountability to any other court, it would seem that we should ourselves be the ultimate judges of all the law upon these subjects. And, in my judgment, this principle has been affirmed and settled by the Supreme Court of the United States in Secomb's case, 19 Howard R., 9. It is not to be inferred from this, however, that we are at liberty, in regard to these matters, to transgress against the Constitution of the United States at our pleasure. On the contrary, it is the sworn obligation and duty of the court faith- fully to support that Constitution. As it regards the question of the constitutionalitj'' of our test- rule, it is not ray intention to discuss that sub- ject on this occasion. I have as yet heard no arguments 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 has 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 2-i, 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 ]\Iarch next shall be admitted to the bar of any circuit or district court of the United States, 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, 1802, according .to the forms and in the manner in the said act p'rescribed." 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 permission to appear and continue to practice there under his admis.sion 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 penalties and disabilities attached to the offence 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- fence, 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 Court 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. Congress or the rule of the couit any otherwise than one who had been loyal to the Government througliout Vhe war. The facts in Garlanrl's case required the Court to go no farther than this, but the opinion does go farther, and pronounces, in effect, that Gar- land would have been entitled to continue to practice in that Court, even without having been parcfencd by the President for his treason, on the grouud that to deprive him of the right to t)ursue his profession in that Court would have )cen a penalty inflicted for iiis oflence, to which he was not liable at the time of its commis- sion. Although there is one passage in this opinion which seems to go even bej'ond this, and lo ad- vance the doctrine that the Court had no right to debar a man from admission to the profession on account of crimes previously committed, yet I am not disposed to believe that the Court in- tended to advance or to advocate, even obiter, a doctrine so extreme as that. If such, however, be the fair construction of the opinioi:, (and nothing short of such construction will answer the object of either of the motions now under our consideration,) I am constrained to avow my un- willingness to obey the doctrine thus promulged. In the first place," the facts in the case of Gar- land called for no such decision ; and, in the sec- ond place, having the absolute right ourselves to prescribe our own rules for admission to the bar, as has been already shown, we are not re- c[uired to do violence to our convictions, in fol- lowing such an interpretation of the Constitu- tion, when given even by the eminent justices ■who concurred in that opinion. The opinion, in that respect, not coming to us with mandatory authority, I must for myself be permitted to look upon it only as the opinion of five gentle- men, learned in the law, weighed against the contrary opinion of the four other gentlemen, equally learned and able, and against the judg- ment of the whole legislative branch of the Gov- ernment, by which the law was enacted; and whilst I acknowledge the importance of the principle that res adjudicata pro veritate accipi- tur, yet in this matter I am a.t perfect liberty to test tlie opinion of these five gentlemen by the application of that other maxim of the law, testi- raoniajionderandasunt, noanwneranda. Tried by this test, it appears to me that the preponderance of authority is not on the side of the doctrine of the Court's opinion on this point. In Fletcher t'8. Peck, 6 Cranch, 87, Chief Justice Marshall tays : " The question whether a law be void for its repugnancy to the Constitution is at all times a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case." I am of the opinion, therefore, that the deci- sion of the Supreme Court in Garland's case, even if received as authority and interpreted in its widest latitude, falls far short of requiring us to declare our rule void for unconstitutional- ity. Our rule applies only to persons not yet admitted to the bar, and who, therefore, possess no "previously acquired right" of which its en- forcement can deprive them. The rule of tlie Supreme Court was different from ours. It required persons already mem- bers of that bar to take the oath, under penalty of forfeiture of their "previously acquired right." Ours has no such operation It is true that one branch of the rule of the Supreme Court applied, like ours, also to per- sons asking for admission to that bar, and wo are told that the rule has been wholly rescinded — no part of it preserved — in consequence of the decision in Garland's case. This may be true, but we have received no judicial evidence to convince our minds of the fact, and if it has been done, it must have been for other reasons than those furnished hy the opinion of the court in that case. In respect to the application of Magruder, the case is this : lie is a native of Virginia, but for several years previous to the rebellion was a citizen of the United States, having his domicile in this District, and was a member of the bar of the late circuit court of this District. In April or Maj-, 1861, he left us, and entered into the rebellion on the call of Virginia, and continued until the close of the v/ar in armed hostility to the United States. He has since received the pardon of the Presi# dent for his offence, and been admitted to prac- tice in the Supreme Court of the United States since the decision in Garland's case was made. But the fatal objection to his admission to our bar is that he is now only applying for admission for the first time, and cannot furnish the requi- site evidence of a previously acquired right whose coyitiniied enjoyment he might demand at the hands of the court, and is unable to take the oath required by our rule. In his case, too, there is an additional reason, of great force in our judgment, which forbids his admission, and it is this : On being admitted to the bar of the late circuit court, he was sworn, among other things, " to support the Constitu- tion of the United States," and should he be ad- mitted to practice in the bar of this court, would be required to take the same oath again. This oath has a meaning, and was prescribed for an object. We understand that it requires him who takes it to support the Constitution of the United States as the supreme law of the land, in all cases in which its provisions come into conflict with the constitution or laws of any of the States, and in this sense to require a primary and para- mount allegiance to the Government of the United States. Mr. Magruder has told us that in taking up arms against the United States he acted consci- entiously, and indignantly repels the imputation that he had violated his oath to support the Con- stitution. He says that he regarded himself as under " dualitj^ of allegiance;" that his first and paramount allegiance was due to his native State, and his secondary and subordinate allegiance was due to the United States ; and that it was in this belief, honestly entertained, he went into the rebellion, in obedience to the call of his State, although he was himself of the opinion that the rebellion was without any just cause. He acknowledges to have had no change of opinion on these jioints to the present hour. Were we now, with a full knowledge of these facts, to admit hiui to take this oath, the cere- mony would be a meaningless farce ; we should JUDICIAL OPINIONS. 230 8v;ear hira in one sense, whilst he would take the oaUi in another. It would be well, perhaps, that our rule on this subject should be so amended as to enable gentlemen whose native States may hereafter rush into rebellion with-out just cause to see at once the path of their duty, and so relieve their consciences from any embarrassments originating in fanciful theories about a " duality of alle- giance." Opinion of the Supreme Court on the Mississippi Application for an Injunction against the Pres- ident and other officers, April 15, 1867. Chief Justice Chase delivered the opinion of the Court, as follows: A motion was made some days since on behalf of the State of Mississippi, for leave to file a bill in the name of the State, praying this Court per- petually to enjoin and restrain Andrew Johnson, President of the United States, and E. 0. C. Ord, general commanding in the district of Mississipi and Arkansas, from executing or in any manner carrying out certain acts of Congress therein named. The acts referred to are those of March 2 and March 25, 1867, commonly called the reconstruc- tion acts. The Attorney General objected to the leave asked for upon . the ground that no bill which makes the President a defendant and seeks an injunction against him to restrain the perform- ance of his duties an President, should be allowed to be filed in this Court. This point has been fully argued, and we will now dispose of it. We shall limit our inquiry to the question 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 United States may be required by the process of this Court to perform a purely ministerial act re- quired by law, or may be held answerable, in any case, otherwise than by impeachment, for crime. The single point which requires consideration is this: Can the President oe restrained from carrying into effect an act of Congress alleged to be unconstitutional? It is assumed by the counsel for the State of Mississippi that the President, in the execution of the reconstruction acts, is required to perform a mere ministerial duty. In this assumjjtion there is, we think, a confounding of the terms "ministerial" 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 is left to discretion. It is a simple, definite duty, arising under conditions admitted or proved to exist or imposed by law. The case of Marbury vs. Madison, Secretary of State, furnishes an illustration. A citizen had been nominated, confirmed, and appointed a jus- tice of the peace for the District of Columbia, and his commission hn,d been made out, signed, and sealed. Nothing remained to be done except delivery, and the duty of delivery was imposed by law on the Secretary 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, Postmaster General, vs. Stockton and Stokes, (12 Peters, 527.) 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 thera, and that ofiicer refused to credit, them with certain sums so found due. It was hold 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 exercise of judgment. The law required the performance of a single specific act ; and that performance, it was held, might be required by mandamus. Very difi'erent is the duty of the President in the exercise of the power to see that the laws are faithfully executed, and among those laws the acts named in the bill. By the first of these acts he is required to assign generals to oommand in the several military districts, and to detail suf- ficient military force to enable such officers to discharge their duties under the law. By the supplementary act other duties are imposed on the several commanding generals, and their du- ties must necessarily be performed under the 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 the 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 absurd and excessive extravagance." It is true that in the instance before us the interposition of the Court is not sought to enforce action by the Executive under constitutional legislation, but to restrain such action under legislation alleged to be unconstitutional. But we are unable to perceive that this cir- cumstance takes the caseout of the general prin- ciple which forbids judicial interference with the exercise of executive discretion. It was admitted in the argument that the ap- plication now made to us is without a precedent, and this is of much weight against it. Had it been supposed at the bar that 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 changes in tiie rela- tive importance of States and sections, and was b)' many supposed to be pregnant with disas- trous results to large interests in particular States. But no one seems to have thought of an application for an injunction against the execu- tion of the act by the President. And yet it is difBci;lt to perceive upon what principle the application now before us can be allowed, and similar applications in that and other cases could have been denied. 240 POLITICAL MANUAL. The fact that no such application was ever before made in any case inuicates the general judgment of the profession tliat 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 riglit to judicial interposition to prevent such an enactment, wlien the purpose is evident and the execution of tliat purpose certain, be distin- guished in principle from the right to such in- terjiosition arainst 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 m 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 jirayed 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 ■ House of Representatives impeach the President ^ for such refusal? And in that case could tliis • Court interpose in behalf of the President, thus endangered by compliance with its mandate, and restrain by injunctiou the Senate of the United States from sitting as a court of impeachment? Would the strange spectacle be oft'ered to the public wonder of an attempt by this Court to ar- ; rest proceedings in that court? I 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 j tlie performance of his official duties, and that no such bill ought to be received by us. j It has been suggested that the bill contains a prayer that if the relief sought cannot be had against Andrew Johnson as President, it maybe granted against Andrew Johnson as a citizen of Tennessee. But it is plain that relief against I the execution of an act of Cong^ oy Andrew Johnson is relief against its execution by the President. A bill praying an injunction against the execution of an act of Congress by the in- cumbent of the presidential ofljoe cannot be re- cei\'ed, whether it describes hiu- as President or simply as a citizen of a State. The motion for leave to file the bill is therefore denied. In the case of The State of Georgia against certain ofliL-ers, the Attorney General makes nc objection to the policy of the bill, and we will, therefore, grant leave to file that bill. Mr. Sha.rkey. If the Court please, the objec- tion to the bill which I att^.mpted to file seems to be that it is an eftbrt to enjoin the President. The bill is not filed, and 1 can reform it to suit tlie views of the Court, and present it again. The Cliief Justice. Leive to file the bill is re- fused. When another bill is presented it will be considered. Mr. Sharkey': Do 7 understand the Court to say that the application can be made on Thurs- day ? The Chief Justice. On Thursday. This subpoena was issued in the case, April IG 18G7: The State of Georgia, complainant rs. Edwin M. Stanton, Ulysses S. Grant, and John Pope, defendants. In equity. The President of the XJnifed States to Edwin II. Stantoii, Ulysses S. Orant, and JoJni Pope, greeting : For certain causes offered before the Supreme Court of the United States, holdino; jurisdiction in equity, you are hereby commanded that, la}'- ing all other matters aside, and notwithstanding any excuse, you be and appear before the said Supjreme Court, holding jurisdiction in equity, on the first Monday in December next, at tlie city of Washington, in the District of Columbia, being the present seat of the National Govern- ment of tlie United States, to answer unto the bill of complaint of the State of Georgia in the said Court exhibited against you. Iiereof you are not to fail at j-our peril. Witness: The Honorable Salmon P. Ch.\se, Chief Justice of the said Supreme Court, at the city of Washington, the first Mondaj- of Decem- ber, in tlie year of our Lord one thousand eight hundred and sixty -six. and of the Independence of the United States of America the ninety-first. D. W. MiDDLETOX, Clerh of the Supreme Court of the U. S. XXI. RESOLUTIONS OF NATIONAL AND STATE CONVENTIONS. Of the Philadelpliia Fourteenth of August Con- vention- They were reported August ITth, by Hon. Edgar Cowan, cnairman of the committee on resolutions, and were unanimously adopted: DECLARATION OF TltlNrlPLES. 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 i leased the Supreme Ituler of the Universe to giv « to the American people ; profoundly grateful 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 ..•omes to us from our ancestors; regarding the Union in its restoration as more sacred than ever; looking with deep anxiety into tlie 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 with gratitude to Almighty God the end of the war and the return of peace to our afflicted and beloved land 2. The ^;;;ir just closed has maintained the authority oi the Constitution, with all the powers which it confers, and all the restrictions which n 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. Kepresentation in 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 peo[)le, 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 withiiold its enjoyment under the Constitution from the people thereef. 4. We call upon the [leople of the United States to elect to Congress as members thereof none but men who admit this fundamental right of representation, and who will receive to seats therein loj'al representatives from every State in allegiance to the United States, subject to the constitutional right of each Hou«e to judge of the elections, returns, and qualifications of its own members. 5. The Constitution of the United States, and the laws made iu 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 to the States, or to the people thereof; and among the rights thus reserved to the States is the right to prescribe qualifications for the elec- tive franchise tlierein, 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 States of the Union have an equal and an indefeasible right to a voice and a vote thereon. 7. Slavery is abolished and forever prohibited, and there is neither desire nor purpose on the part of the southern States that it should ever be re-established 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. 8. While we regard as utterly invalid, and never to be assumed or made of binding torce, an}'' obligations incurred or undertaki^n in mak- ing war against the United States, we liold tha debt of liie nation to be sacred and inviolable; and we proclaim our purpose in discharging this, as in performing all other national obligation", to maintain unimpaired and uuimpeached thv. lionor 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 or[-liana 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 steadl'ast 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 governm.ent, we recognize a Cliief Magistrate worthy of the nation, and equal to the great crisis upon which his lot is cast; 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 Southorn Loy- alists. They were reported by Hon. Andrew J. Ham- ilton, of Texas, chairman of the committee on resolutions, and unanin>ously adopted : 1. That the loyal people of the South cordi- all}'- 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 Republic. 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 j)rotection of our lives, property, and politi- cal rights, now in jeopardy from the unquenched enmity of rebels lately in arms. 3. Tiial the unhappy policy pursued by An- drew Johnson, President of the United States, is, in its effects njion the loyal people of the South, unjust, oppressive, and intolerable; and accordingly, however ardently we desire to see our respective States once more represented in the Congress of the nation, we would deplore their restoration on the inadequate conditions prescribed by the President, as tending not to abate, but only to magnify the perils and sor- rows of our condition. 4. That with pride in the patriotism of the Congress, with gratitude for the fearless and per- sistent 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 taken by them, and use all means consistent with a 242 POLITICAL MANUAL. peaceful and lawful course to secure the ratifica- tion of the amendments to the Constitution of the United Slates, as proposed by the Congress at its recent session, and regret that the Con- gress, in its wisdom, did not provide by law for the greater security of the loyal people in the States not yet admitted to representation. 5. That the political power of the Government of the United States m the administration of public affairs, is, by its Constitution, confided to the popular or law-making department of the Government. 6. That the ](olitical status of the States lately in rebellion to the United States Government, and the rights of the people of such States, are political questions, and are therefore clearly within the control of Congress to the exclusion of the independent action of any and every other department of the Government. 7. That tiiere is no right, political, legal, or constitutional, in any State to secede or with- draw from tlie Union ; that they may, by wicked and unauthorized revolution and force, sever the relations which they have sustained to the Union; and when they do so. and assume the attitude of public enemies at war with the United States, they subject themselves to all the rules and prin- ciples of international law, and the laws which are applicable to belligerents, according to modern usage. 8. That we are unalterably in favor of the Union of the States, and earnestly desire the legal and speedy restoration of all the States to their proper places in the Union and the estab- lishment in each of them of influences of patri- otism and justice by wliich the whole nation shall be combined to carry forward triumphantly the principles of freedom and progress, until all men of all races shall everywhere beneath the flag of our country have accorded to them freely all that their virtues, intelligence, industry, pat- riotism and energy may entitle them to attain. 9. That the organizations of the unrepresented State.^, assuming to be State governments, not having been legally established, are not legiti- mate governments until reorganized by Congress. 10. That the welcome we have received from the loyal citizens of Philadelphia, under the roof of the time-honored Hall in which the Dec- laration of Independen'-e was adopted, inspires us with an animating hope that the principles of just and equal government, wliicli were made the foundation of the Republic at its origin, shall become the cornerstone of reconstruction. 11. Tliat we cherish with tender hea.rts the memorv of the virtues, patriotism, sublime faith, upright Cliristian life, and generous nature of the martyr President, Abraham Lincoln. 12. Tiiat we are in favor of universal liberty the world over, and feel the deepest sympathy with the oppressed peoples of all countries in their struggles for freedom and the inherent right oi all men to decide and control for themselves Ihfc character of the government under which they live. 13. That the lasting gratitude of the nation is due the men who bore the hardships of the bat- tle, and, in covering themselves with imperish- able glory, have saved to the world its hope of free govtroraent; and relying upon the " invin- cible soldiers and sailors" who made the grand army and navy of the Republic to oe true to the principles lor which they fought, we pledge them that we will stand by them in maintaining the honor due tlie saviors of the nation, and in securing:; the fruits of their victories. 14. That, remembering with profound grati- tude and love the precepts of Washington, we should accustom ourselves to consider the Union as the primary object of our patriotic desire, which has heretofore sustained us with great power in our love of the Union, when so many of our neighbors in the South were waging war for its destruction ; our deep and abiding love for the memory of the Father of his Country and for the Union is more deeply engraven upon our hearts than ever. After the adjournment of this convention, the loyalists of the non-reconstructed States met and adopted an address, closing with this declara- tion : " We affirm that the loyalists of the South look to Congress with affectionate gratitude and con- fidence, as the only means to save us from per- secution, exile, and death itself; and we also de- clare that there can be no security for us or our children ; there can be no safety for the country against the fell spirit of slavery, now organized in the form of serfdom, unless the Government, by national and appropriate legislation, enforced by national authority, shall confer on every citi- zen in the States we represent the American birth- right of impartial suffrage and equality befora the law. This is the one all-sufficient remedy. This is our great need and pressing necessity." The vote was as follows : Texas, 10 yeas ; Louisiana, 14 yeas; Virginia, 28 yeas, 3 nays; Georgia, 8 yeas, 1 nay; Alabama, 2 yeas, 3 nays; Mississippi, 1 yea; Arkansas, 2 yeas; North Carolina, 1 yea, 2 nays ; Florida, 2 yeas, 1 nay. Pittsburgh Convention of Soldiers and Sailors, September 26, 1866. General Benjamin F. Butler reported these resolutions, which were adopted unanimously: By the soldiers and sailors of the army and navy of the United States, in convention assem- bled, be it Resolved, That the action of the present Con- gress in passing the pending constitutional amendment is wise, prudent, just. It clearly defines American citizenship, and guaranties all his riglits to every citizen. It places on a just and equal basis the right of representation, making the vote of 0. man in one State equally potent with the vote of another man in any State. It righteously excludes from places of honor and trust the chief conspirators, guiltiest rebels, whose perjured crimes have drenched the land in fraternal blood. It puts into the very frame of our Government the inviolability of the national debt and the nullity forever of a!l obli- gations contracted in support of the rebellion. . 2. That it is unfortunate for the country that these propositions have not been received in the spirit of conciliation, clemency, and fraternal feeling in which they were oflered, as they are the mildest terms ever granted to subdued rebels. 3. That the President, as an executive officer, RESOLUTIONS OF CONVENTIONS. 248 has uo right to a policy as against the legis- lative department of the Government; ihat his attempt to fasten his scheme of reconstn""- iion upon the country is a^ dangerous as it is unwise; his acts in sustaining it have retarded the restoration of peace and unity ; they have converted conquered rebels into irapudent claim- ants to rights which they have iorieited, and places which they have desecrated. If consum- mated, it would render the sacrifices of tiie na- tion useless, the loss of the lives of our kuried comrades vain, and the war in which we have fo gloriously triumphed, what his present friends at Chicago in 186-1 declared to be a failure. 4. That the right of the conqueror to legislate for the conquered has been recognized by the public law of all civilized nations; by the oper- ation of that law for the conservation of the good of the whole country, Congress has the un- doubted right to estaljlish measures for the con- duct of tlie revolted States, and to pass all acts of legislation that are necessary for the complete restoration of the Union. 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 Republic. He ought distinctly to understand that the tried patriots of this na- tion can never be used to overthrow civil liberty or popular government. 6. Tliat the neutrality laws should be so amended as to give the fullest liberty to the cit- izen consistent with the national faith ; that the great Union Republican party is pledged to sus- tain liberty and equalitj'- of rights everywhere, and therefore we tender to all peoples struggling for freedom our sympathy and cordial co-opera- tion. 7. That the Union men of the South, without distinction of race or color, are entitled to the gratitude of every loyal soldier and sailor who served his country in suppressing the rebellion, and that in their present dark hours of trial, when they are being persecuted by thousands, solely because they are now, and have been, true to the Government, we will not prove recreant to our obligations, but will stand by and protect with our lives, if necessary, those brave men who remain true to us when all around are false and faithless. 8. That in reorganizing the Army justice to the volunteer officers and soldiers demands that faithful and efficient service in the field ought ever to have place in the army and navy of the Union. Cleveland Convention of Soldiers and Sailors, September 18, 1866, Col. L. D. Campbell reported these resolu- tions, 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 mere}' in crowning their efforts with victory, freedom, and peace; deploring the absence from their midst of many brave and faithful comrades who had sealed with their life-blo'id their devo- tion to the sacred cause of American nationality, and determined now as heretofore, to stand by the principles for which their glorious dead have fallen, and by which the survivors liave triumph- ed, being assembled in National Mass Conven- tion in the city of Cleveland, Ohio, this 17th day of September, 1866, do resolve and declare — 1. That we heartily approve the resolutions adopted by the National Union Convention held in the city of Philadelphia, on the 34th day of August last, composed of delegates representing all the States and Territories of the United States. 2. That our object in taking up arms to sup- press the late rebellion was to defend and maintain the supremacy of tlie Constitution, and to pre- serve the Union with all the dignity, equality, and rights of the several States unimpaired, and not in any spirit of oppression, nor for any per pose of conquest and subjugation ; and that whenever there shall be any armed resistance Vo the lawfully constituted authorities of our na- tional Union, either in the South or in the Nortli. in the East or in the West, emulating the self- sacrificing patriotism of our revolutionary fore- fathers, we will again pledge to its support "our lives, our fortunes, and our sacred honor." STATE CONVENTIONS, 1867. Connecticut. Republican, January 24. 1. That the result of the elections of the last autumn affords new proof of the devotion of the American people to the fundamental principles of free government, and of their determination to establish and confirm a Union based upon those principles only ; that we congratulate each other and the country upon that auspicious re- sult, and pledge ourselves that Connecticut, in this respect, shall emulate the example of her loj'al sister States. 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 recognition ; that its rejection by them proceeds from a still prevailing spirit of rebel- lion, and imposes upon the national authority the duty of establishing the Union upon none other than just and durable foundations ; that, in so doing, loj^alty to the Republic should be recognized as tlie first of political virtues, and disloj'alty as the worst of political crimes, and that the protection of all citizens throughout the Republic in the exercise of all the rights and immunities guarantied by the Constitution should be inviolably secured. 3. That the only just basis of human govern- ments is the consent of the governed ; that, in a representative 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 244 POLITICAL MANUAL. thai the burdens now imposed by internal tax- aiior shouhl be alloviatetl as far as possible, and especially by the reduction of existing taxes upon incomes and sales 5. Tliat in the administration of State policy we arc in favor of a rigid economy in expendi- tures, and permanent provision for the steady reduction and final payment of tlie State debt. 6. That the Republican party is identified in its history, and by its essential principles, with the rights, tlie interests, and the dignity of labor ; that by all tlie record of that history and all the panctity of those [)rinciples 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 ever}- needed legis- lative remedy of the evils of which they com- plain. 7. That the present salutary law concerning the employment of cliildren in manufactories and education of such children should be ren- dered more efficient in its operation and more rigidly enforced. 8. That the Republican party regards with earnest solicitation the struggles of o]jpressed 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. Tliat 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 eanction of tiie 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 tliis Convention for State officers, and pledge ourselves to their cordial support and tjriumphant election. Demockatic, J.^nuary 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 ; a^nd Whereas, when armed resistance to the author- ity of tlie 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 system of government is based, rein- Btated and restored to all their righta 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 eiist where the courts are open and in the proper and unobstructed exercise of their jtiris- diction :" Therefore, lies'Aved, That each and all of the States that were arrayed in armed ojiposition to the author- it}' of the Government of the United States, hav- ing ceased such o[iposilion, are now entitled to re[ireseniation in the Congress of the United 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 Senators and Repre- sentatives of said States ; in its open and avowed determination to destroy the organization and subvert the authorities of said fetates, violates and undermines the Constitution of the United States, attacks the very principles that lie at the foundation of our system of government, and strikes a fatal blow at ttie financial and commer- cial and industrial interc-sts of the entire people of the Union. 3. That the Congress of the United States, in all its legislation, in its act levying internal 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 yiroposed 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 lo 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 tlie Uni- ted States, by its proclamations, its administra- tive action, and in its diplomatic intercourse with foreign Powers, has uniforml}^ 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- isting States, 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 and 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 may be justly termed the bulwark of republican liberty, and in the language of its eminent jurists, "The Constitution of the United St:ites is law for rnlors and people, rquaUij in war and in peace, and cov'>rs with its shield of protfccUon all classes of men under a\\ circum* RESOLUTIONS OF CONVENTIONS. 245 «tn vces." * * " No doetriue involving more pernicious coiseqnenceswns ever invented liy tl e wit olniaii, tli: n that »Dy cl its provisions cmd be suspended during any of tlie great exigencies of government. Surii a I'.octrine loads di- rectly to tinareliy or despotism. But the theory ot7tecesstl>/, open wliith this "is based, is false, tor the government within the Constitution lias the powers granted to it which aro necessary to preserve its existence." Thus, the Supreme Court of the United States :n 1866, vindicates and sustains the positions assumed and announced by the Democracy of Connecticut in convention in 1S63. 8. That after solemn deliberation, it is the opinion of this convention that the suggestion of our conservative brethren of Kentucky, 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 ; and we respectfullj'' suggest that said convention meet in the city of New York on the 4tli day of March next, to advise and counsel upon the great questions that agi- tate the public mind ; to protest against the rev- olutionarj'- 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 constitutional exercise of power the disorganizaiion of States and the destruction of State authority. 9. That the thanks of every yiatriotic 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 Bopport in all his future efforts to the same noble end. Bhode Island. Demockatic, March 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 tlie citizen. 2 That we regard the judiciary as the shield of the people against the unwise or arbitrary acts of popular oj official passion, and that any at tempt to wfrnken or override the authority of our courts, or lo 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 sj'stem 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 multiplicit)- of offices begets arrogance and corruption in the holders, and discontent in the people, who un- willingl}' lavish that monej' 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 wliich 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 personal and olEcial 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, February 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 Slate, have caused this assembling of the Unconditional Union men of Maryland, and render proper a clear utterance on all the issues of tlie times: Therefore, Resolved, hy the Republican Union party of Maryland, in State Convention assembled. That we cordially approve the 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 respect 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 submitang 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 lor the assembling of a convention in this State on the basis of tlie 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 sucii call. 24G POLITICAL MANUAL. Repuelican, March 27. Whereas the Legislature of Ma-yiand hassince the ad|Ournment of this llepublican State Con- vention on the 27th of February, passed 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, Resolved, That we return our thanks to the Republican members of the General Assembly for their memorial to Congress 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 rat niniial is as follows: " To the Hnriiyable Senate and HauK of Representatives of the "Unilrd S'atrs: "The ucdersigned, members of the General Assembly of Miirjliuicl, re^ipectfuUy prfsetit this iiipinorial to vour hon- orable body on the condition of public affairs in this State, to which tiicy ask the ininiediato consideration of the na- tioniil legislature. The Oeneral Assembly of Maryland is about to adjourn, after a session as memorable for evil and as important to the country as that which consigned the legislature of 1861 to the casemates of Fort Warren. Elected in great jiart by the deliberate violation of the election laws of the State by the votes of men who were in active acco d vjith Ihe rebellion, and v.hose hatred to the Government rendered the piesence of military force during the war ne- cessary to prevent their active aid to the rebels inarms, and in spite of which they did give large aid in men and money, • they have marked their session by a series of acts to which we desire to call your attention. '•The rebebs of .Maryland sent South during the war some 20,000 soldiers to the rebel army These men have nearly all returned, and an emigration from the South since the war h;us largely added to their number. By doubtful con- struction of a clause of the existing constitution, this Gen- eral Assembly, thus elected, has enfranchised all white men, Uf) matter what treason they have committed, and thus have added to the voting population about 30,000 per- sons who have only lately ceased an armed resistance to the Government. Not satisfied with this, they have just pas.sed H m litia bill, which, in direct defiance to the present consti- tution of the State, has made nil white rebels, no matter what theirprevious treason, part of the militia force. They have, by deliberate vote, refused to exclude, even from tiie )iighest olHce under this law, any person, no matter v.iiat his rank in the rebel army, and they are about to put in force this law, the effect oif which is against 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 same 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 out the scheme of revolutionizing the government of the State, abolishing the existing constitution, and making another, wtlll more fiimly fiistening on the necks of loyal people the yoke of rebel control. The present constitution of Mary- land, while it lioes not allow colored sufl'rage, does not give to the late masters the right to represent in the le^islaiure their disfranchised freedmen. It bases representation oa white population. These conspirators, not satisfied with Controlling the legislative and executive deparlmeuts, have passed a bill calling an election for a constitutional conven- tion on the liith day of April, the convention tomeet on Ihe second Monday of May, ISibT. This they liavodone. althotigh the constitution provides tliat the legislature shall pass no laws providing for a change in the existing constitution ex- cept in the mode therein prescrilied; and although thecou- Etitiitioii regulates the representation in any convention called to make a nev.' constitution by fixing it the same as that of each county in the (ieiieral Assembly, they having fixed an arbitrary baxis of representation which, while it excludes the colored man from the ballot-box, gives to the old worn-out counties, which were as rebellions as South Carolina, an incrciised representation, by which the oppres- sor ii to represent the ojipressed against his will, and by which a minoiity of the people of the .>"tato are to hold in their proposed convention the same power as t^o majority. The Sr.ite of Maryland has at present a colored population of at least ".ilOO.tWO, and by enijgratiou since the war perhaps •/i',U,0lJO, making a voting jiopulation of from 40,000 to 50,000. In moat of tbo couutiog who.40 reprcaeutatlou Uos thus been 2. That we will oppose any new constitution set up in subversion of the existing constitution under tiie convention bill which does not express the will of the majority of the people without regard to color, and that we will, with the aid of the loyal representatives of the nation, and^ by all means in our power, resist and destroy any such constitution as a revolutionary usurpa- tion. 3. That we will take no part in the approach- ing election for delegates to a constitutional con- vention further than to recommend a general vote oi the Republicans of tiie State against the call for a convention, and to use every lawful means in their power to defeat the call. 4. That should the call be sustained by a ma- illegally increased, the colored popnlation is equal to o» greater than th" white. The Iloiise of lo presentatives ol the United States has already passed a resolution of inquiry whether the present constitution of this State is now repul> lican, and since the colored man is now a citizen, it may well be doubtful whether a State which excludes for nc crime one-fourth of its population who are citizens is re- publican. This General Assembly has inaugnnited, how- ever, a movement which, from the illegal representatjxms made in the bill itself, actually now accomplishes not onlj the exclusion of this population from sulfrage, but alec gives the disloyal popnlation a representation for them. "The jiresent judiciary of the State is for the most par* loyal, and one object if this movement is to legislate out all the remaining loyal officers whom they have not alreadj removed, and place ex-rebels, perhaps brigadiers 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 against the results of the war, and determined on a policy which, if unchecked, destroys a Uyal constitution, and puts in its place one mads by traitors, and flagrauily aiitirepublicau, and places an armed m litia of disloyal men and a minority govcrnmen* of rebel sympathizers and rebels in the complete possessioa of this State. " While the South is about to commence a career of free- dom and progress, these men, untaught by the lessons of the past, have determined, by the forms of law. but in re.-il vio- lation of both the State "and Federal law, to put this Statt back into a condition of darkness and slavery. These acts, we submit, are in violation of State and national law, oiv pressive, revolutionary, and dangerous to the order and pe.ice of this nation. The Union men of Maryland are gro ning under this tyranny; they are now oppressed by verdicts of disloyal juries in many counties; immigration to the State, except from the South, is stopped, and many loyal men are deliberating upon leaving the State. The most, however, are ready, iiy all personal means, ami at all personal haz- ards, to resist this iiif inious attempt at oppression. '•The danger of bloodshed is immineut and the times ars perilous. We call ui>on Congress not toailiotirn before set- tling this grave matter, which, if not settled, may st.irtl* them in their recess by something worse than the massn.-r* at New Orleans, although not eo unequal and one-s-deil. We earnestly ask, on the part of the majority of the people of Maryland, dejirived of legal voice except throusb ui, a minority if the General Assembly, that Congress will t^uar^ aniy to us a republican foim of government on the only basis of right, truth, and peace — impartial suffrage, wi iou9 respect to race or ' olor, as it has already guarantied t ta the southern Stales. Curtis D.wis, Senator from Caroline. Charles E. Tu.ml, Senator from Frederick. Jacou Tome, Senator from Cecil. Ei.iAS Davis, Senator from Washington. IltRT 1!. IIoLTON, Senator fmm Howard. James L IJiLLiNosLrA, Senator from I'arroll. Edward P. Piiilpot, Senator from Balliniorecountj Daniel C imcci:. Delegate from Alleg-.»ny. JoNATiivN TouK.Y, Deleg.ite from Washington. A. R Appleman, Deleg.ite from Washington, Thomas Gorsucii, Delegate from Frederick. J. 1'. liisiiop, Delegate from Washington. IJI.NJAMIN I'oot., Delegate from Carroll. .Tames V Ci:iswell, Delegate from Carroll. Jonx L. LINTHICUM, Delegate from Frederick. .1. U. KoDZKR, Delegate from Frederick. Ili'.NRT Dakkb, Delegate from Frederick. H. C. ItAMFORU, Delegate from Washington, S. K G 'RC, Delegate from Carroll " This memorial was signed by all the Republican mei^bon who were present iit Annapolis when it was signed. RESOLUTIONS OF CONVENTIONS. 247 jority of the voters, that the State Central Com- mittee, on ascertaining that result, issue a call for district meetings to be held in every election district in the State, for the choice bj' ballot, on the basis of universal manhood sutfrage, of dele- gates to a State constitutional convention, each county and the city of Baltimore to elect tiie number to which they may be entitled under the present constitution of the State. 5. That said State constitutional convention, if called, shall assemble in the city of Baltimore on the first Wednesday in June, and proceed to form a constitution based on universal manhood suffrage. 6. That courage, wisdom, and action are all that is necessary to success, and we call on the tried Union veterans of the State, who have been hardened by the conflicts of six years of battle and agitation, to fly high the banner of liberty and Union, and know no end but victory. This memorial was presented, and referred to the Committee on the Judiciary. CALL FOR STATE REPUBLICAN CONVENTION. At a meeting of the Republican Union State central committee of Maryland, held on Wednes- day, April 17, 1867, the following resolutions •were unanimously adopted: Resolved. That all male citizens of Maryland, who are opposed to the organized conspiracj^ about to assemble at Annapolis on the 8th day of May, are requested to meet in primary assem- blages in the various counties and the city of Baltimore, at such time as may be most con- venient, to elect delegates to a State Republican convention, which shall assemble in Baltimore city on Tuesday, May 14, at 12 o'clock, m. Resolved, Tiiat the State convention will be expected to take into consideration the present condition of political affairs in the State, and to deliberate upon the best method of guaranteeing to the people a republican form of government. To the primary meetings, the county conventions, and the State convention are invited all loyal citizens, without regard to past political difier- ences, race, or color, who subscribe to the doctrine of the Republican Union party. The number of delegates to the State convention will not be limited; but the counties and the city of Balti- more shall be entitled to the same number of votes in the convention as they have represent- atives in both houses of the General Assembly. The members of the State central committee of the different counties will announce the day for holding the primary meetings, county conven- tions, or mass conventions, in the several coun- ties, and the executive committee will fix the day for the aforesaid purposes in the city of Balti- more. Thomas J. Wilson, Chairman. J. W. Clayton, Secretary. Ohio. Democratic, January 8. 1. Resolved, That the democracy of Ohio steadfastly adhere to the principles of the party as expounded by the fatliers, and approved by experience ; that in accordance with these prin- ciples we declare that the Federal Government is a government of limited powers, and that it possesses no powers but such as are expressly, or by necessary implication, delegated to it in tlie federal Constitution ; that all other powers are reserved to the States or the people; that a strict construction of the Constitution is indis- pensable to the preservation of the reserved rights of the States and the people; that all grants of power to Government, whether State or federal, should be strictl)' construed, because all such grants abridge the natural rights of men; that the preservation of the equality and rights of the State and tlie rights of the ]ieople is nece.s- sary to the preservation of the Union ; that the Federal Government is unfitted to legislate for, or administer the local concerns of, the States ; that it would b'j monstrous that the local afiaira of Ohio siiould be regulated by a federal Con- gress in which she has but two Senators, and the New England States, with but a little greater population, have twelve; that the tendency of the Federal Government is to usurp the reserved rights of the States and of the people ; and that, therefore, a centralization of power in its hands is an ever-pending danger ; that such an absorp- tion of power would, wiiile it 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 Government; that high protective tariffs have a like effect, sacrificing the interests of the many for the emoluments 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 ; that the tendency of power is to steal from the many to the few, and 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 watched ; 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 ex post facto law should ever be made; that, in the language of the Supreme C( urt, " the Constitution of the United States is a law for the rulers 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 of its provisions 248 POLIIICAL MANUAL. can be suspended during any of the great exigencies of government. Such a docrineleads directl}' to anarchj^ or despotism ;" that the right of tiie people to peaceably assemble and consult upon public affairs is inviolable; that the mili- tary should be held in due subjection to the civil jiower; that while the majority, as pre- scribed l)}^ the Constitution, have the right to govern, the minority have indefeasible rights; and that a frequent recurrence to first principles js essential to the welfare of the State and the people. 2. That the States lately in rebellion are States in the Union, and have been recognized as such by every department of the Government, and by I'resident Lincoln, who, in the midst of war, in- Tited them to elect members of Congress; by President Johnson, in various proclamations and ofEcial acts ; by Congress, which permitted An- drew Johnson to sit in the Senate as a S^^ititor from Tennessee, and members from Vi -ginia, Tennessee, and Louisiana to sit in the House of Representatives 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 due representation iu Con- gress ; by various tax laws, and especially by the direct tax; by the resolutions submitting amendments to the Constitution for their ap- pro'^al, and by various other acts and resolutions imparting the same recognition, all of which were passed since the attempted becession 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 State*; — 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 Representatives 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 tiie assent of three-fourths of all the States, whether repre- sented in Congress or not, is essential to the val- idity of constitutional amendments; that Con- gress has no power to deprive a State of its reserved rig]its and reduce it to a territorial con- dition ; ihat, therefore, the exclusion, by the so-called Congre.ss, 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 tlie rights of those States, but also of the rights of every other State in the Union. That tJiose 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. Tha.1 the people cannot, 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, and the danger to our institutions be peaceably averted, we do solemnly warn the advocates of the plan that it will uot be submitted to. 3. That Cdngress is not an omnipotent law- making power ; tliat the Constitution provides that no bill shall become a law without the ap- proval of the President, unless it be passed by two thirds of each House of Congress; that one of the objects of the present so-called Congress iu excluding ten States from representation is to pass bills by a two thirds vote, which, were all the States represented, could not pass, and thus to abolish the constitutional provision aforesaid ; that if the precedent be acquiesced in there will be nothing to prevent a bare majority of Con- gress, at any time in the future, from nullifying theconstitutional vet oof the President, and usurp- ing uncontrolled Ipgislative power by an exclu- sion of the minority from their seats ; that the exclusion of a single State might give this con- trol, and a pretext for such an exclusion would never be wanting to an unscrupulous and revo- lutionary party. 4. That the peoi)le, and especially those of the agricultural States, have suffered too long the exactions of high protective tariffs, and as the representatives of an agricultural and laboring population, we demand that their substance shall no longer be extorted from them in order to fill the pockets of eastern monopolists. 5. That unequal taxation is contrary to the first principles of justice and sound policy, and we call upon our Government, Federal and State, to use all necessary constitutional means to remedy this evil. 6. That the radical majority in the so-called Congress have proved themselves to be in favor of negro suffrage, by forcing it upon the people of the District of Columbia against their wish, solemnly expressed at the polls; by forcing it upon the people of all the Territories, and by their various devices to coerce the people of the South to adopt it; that we are opposed to negro suffrage, believing it would be productive of evil to both whites and blacks, and tend to pro- duce a disastrous conflict of races. ' 7. That for their efforts to uphold the Consti- tution, we tender to the President and to the ma- jority of the judges of the Supreme Court of the United States our hearty thanks. 8. That we are in favor of a Democratic con- vention of delegates from all the States, to be held at such time and place as may be agreed upon, and that the State centj-al committee be authorized to concur with other proper commit- tees in fixing time and j)lace, and that we prefer Louisville, Kentucky, as the place. 9. That the Democratic newsfiapers of Ohio deserve our earnest and liberal support, and that an early and thorough organization of the party 18 indispensable. Tennessee. Republican, Febkuary 22, 18G7. We, the representatives of the loyal people of Tcinnessee, in convention assembled, aie thank- ful to Almighty God for the j^iccess of the arms RESOLUTIONS OF CONVENTIONS. 249 of the United States over the army of traitors, who .sought to destroy the best government ever known to man, thereby saving us and our poster- ity the blessings and privileges of our republican institutions, and a solution of the heretofore doubtful problem that man is capable of self- government. " We hold these truths to be self-evident :" 1. " That all men are created equal, endowed with certain inalienable rights," and therefore the law should afford equal protection to all in the exercise of these rights, and, so far as it can, insure perfect equality under the law. 2. That a State or a nation should be governed, controlled, and directed by those who have saved it in times of peril, and who seek to preserve it with friendly hands from foes and dangers, ex- ternal and internal. 3. That a wis^ are for the public safety some- times renders it necessary th^ those who have sought resolutely to overthrow a government ehould not hastily be restored to the privileges of which they have deprived themselves by their crime of treason ; certainly not until they have shown evidence of sincere repentance, and a disposition as energetically to support as they have in times past sought to destroy. 4. That rebellion is disfranchisement, and armed attempts to overthrow our common gov- ernment treasonable expatriation ; and the pres- ent franchise organic law is but the declaration ©f the handiwork of secession and rebellion. Those who have sought our country's ruin can- toot be intrusted with its safety. 5. That lawless violence, reckless disregard of the rights of person and property, murder, as- uassination, arson, and kindred crimes, must be put 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 the State government, becoming a salu- tary terror to evil-doers and a cheerful hope to those who do well. 7. 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- nently fitted for these high duties, that no State ehould be admitted to representation in Congress v/ithout adopting the constitutional 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 ua, and discuss the great issues now before the people, and we pledge the Republican Union party of Tennes- see to tolerate all legitimate discussion, and at the same time claiming equal privileges on our part ; and that any interference to 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 theadministra- tion of our Chief Magistrate, the Hon. Wm. G. Brownlow, and while we sympathize with him in his bodily suffering, 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 faces with shame wheu we contemplate the disgrace brought upon our beloved State by the defection and degeneracy of her unprincipled adopted son, who by the bullet of 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. " Conservative," April 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 equal and 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. Resolutions of the Grand Coitncil of the Union League, April, 1867. Resolved, That the Alabama Grand Council of the Union League of America return thanks to the Congress of the United States for its patri- 250 POLITICAL MANUAL. otic action in affording to all the people an op- portunity, on fair term?, to re-organize the gov- ernment of the State, to put her destinies into the hands of true Union men, and to unite her again to her sister States bj^ the only enduring bond of unswerving loyalty. 2. That we hail with joy the recurrence to the fundamental principle on which our I'orefathers achieved tlieir independence — "that all men are created equal ;" that we welcome its renewed j)roclamalion asa measure of simple justice to a faithful and patriotic class of our fellow-men, and that we firmly believe that there could be no lasting pacification of the country under any sy^em which denied to a large class of our pop- ulation that hold upon the laws which is given by the ballot. 3. That while we believe that participatfon in rebellion is the highest crime known to the law, and that those guilty of it hold their continued existence solely by the clemency of an outraged but merciful Government, we are nevertheless willing to imitate that Government in forgiveness of the past, and to welcome to the Republican Union party all who, forsaking entirely the prin- ciples on which the rebellion was founded, will sincerely and earnestly unite with us in estab- lishing and maintaining for the future a govern- ment of equal rights and unconditional loyalty. 4. That we consider willingness to elevate to power the men who preserved unswerving ad- herence 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 Congress 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- Bpectable, by retaining power in the hands of its friends and votaries. Arkansas. Republican, Apkil 5, 1867. The people of the State of Arkansas, willincr to associate together for the purpose of co-op- erating with the National Union Republican party of the nation in securing and maintaining equal legal and political rights to all the citi- zens of the Rejiublic and restore the State to its political relations in the Union, now here in State convention assembled, do proclaim and declare the following declaration of principles on which they have unanimously agreed: I. That we will ever defend tiie Constitution of the United States thereunder as the sacred palladium of our rights and liberties. That the Union of the States under the Constitution constitutes a national Republic, and not a mere league of independent States, and tliat tlie Con- stitution of the United States and the laws made in pursuance thereof are the supreme laws of the land, anything in the constitution or laws of any State to the contrary notwith- standing. II. That we arraign the unprincipled and co. rupt demagogues who for so many years neld every office and exercised a despotic control over its legislation as the sole authors of the present deplorable condition of the State and its people. To convict them of the folly and crime of hav- ing brought upon the peo[)le of the State their present woes, let facts be slated. 1. Tiiey appropriated to their own use and squandered tiie grants of money and lands made to the State by the National Government for ed- ucational purposes, and then refused to provide free schools or make sufficient provision for the education of the youtli of the State. 2. They in like manner appropriated to their own use and otherwise squandered the swamp land grant and all other grants of land made by the National Government to the State for internal improvements and other purposes; and refusing to make any provision therefor, the State is left to this day without a completed railroad or other work of internal improvement within her bor- ders. 3. They issued the bonds of the State as a pretended basis for a banking capital, and hav- ing negotiated the bonds and approjiriated the proceeds to their own use, the State is left to pay their bonds, with years of accumulated in- terest, amounting in the aggregate to millioan of dollars. 4. In a time of profound peace, and when tho people of the State were enjoying a degree of prosperity and happiness unparalleled in any country on the globe, these unscrupulous and reckless demagogues, actuated by none but tha most selfish purposes and wicked ambition, with a design of founding a government based oq human slavery, and governed and controlled by an aristocracy of office-holders and slave-owners, and in defiance of the expressed will of the peo- ple at the ballot-box, and in violation of tlieir own pledges, passed an ordinance of secession, proclaimed the State out of the Union, made 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 people, who loved their country and its flag, to join in an effort 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 all the civil and military offices of their insurrec- tionary government, and they used the power thus usurped over the lives, liberty, and property of the peofile to coerce them tojoin in their trea- son and rebellion, and wickedly and wantonly protracted the struggle until one-third of their victims were in their graves, and the property of all impressed, wasted away, or destroyed. 6. Failing to destroy the Republic and rob the people of their liberty by force of arms, tliey re- turned and at once demanded to be restored to the oflices and control of the State, and speedily possessed themselves of the legislative depart- ment, the supreme court, and other im]iortant offices. Again in power in the State llioy re- newed the atrocious system of plunder and op- pression. The brief respite enjoyed by the people of the State from the despotic control of these RESOLUTIONS OF CONVENTIONS. 251 political vampires, who fled the State ia 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 tlie 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 oppression 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 pretended laws and decrees of the now defunct rebel 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 which these men issued to themselves, and obtained fraudu- lently and without consideration, and of wliich the most unscrupulous of these men hold large amounts, are declared to be binding on a loyal State and a loyal people ; they refuse to take the necessarj'', 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 an atti- tude of hostility to the National Government, its authority, and supporters, bordering on open rebellion, and dangerous alike to the peace of the nation and Stale, and the safety of loyal and law-abiding men. And Congress wisely and justly judged that reconstruction was impossible while such constitutional and chronic traitors, plunderers of the public treasury and oppres- sors of the people, were permitted to exercise the political power of the State, which tliey 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 the same, and do willingly abide by and heartily accept the measures ado[)ted, or which may iiereafter be necessarily prescribed by Congress for a full, perfect, and final recon- struction 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 liberty 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 exiendi tares 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 judicious system of free common schools, providing for the education of all the children of the State, may be inaugurated; that emigration and capital from every quarter may be invited and induced 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 and 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 faithful exe- cution of the same. IV. That we denounce the guilty authors of the late rebellion who refuse to acquiesce in the necessary, legitimate, and juft results of their own folly and crime, and who are now counsel- ing the people to renewed opposition and resist- ance to the legitimate and lawful authority of the National Government, as enemies of the Union, and 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 to the State. V. That, the most dangerous enemies of the nation and State are the disloyal newspapers and political demagogues, who, while they de- nounce the late action of Congress as illegal, unconstitutional, and despotic, nevertheless de- clare it to be their purpose to control, if they can, all action thereunder, with the declared pur- pose, as soon as representation 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- chise the recently enfranchised citizens of tha State, prohibit the 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- gress refuse to recognize a government in the iiands of men wiio avow it to be tlieir purpose to overthrow these great principles the moment they obtain congressional recognition of their dishonest and hypocritical action ; and we warn every good citizen of the State who favors recon- struction and wislies to enjoy the blessings and benefits to be derived from our early restoration to the Union against the criminal folly of in- trusting the work to such hands. VII. That we heartily indorse all 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. Tliat State taxation shall be equal and uniform, and that no discrimination should be made in favor of one species of property at the exytense 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 and organize, and report their organization to the chairman of the State central committee, at Little Rock, in order that a united and har- monious effort may be made to secure equal rights and justice to all, just and good govern- ment, wisely and honestly administered, by loyal men. North Carolina. Republican, March 27, 18G7. Having assembled in the city of Raleigh, on the 27th of March, 18G7, in conformity with a timely and patriotic call, reflecting the sentiments 252 POLITICAL MANUAL of the loj'al men of the State, and r elieving the time is at hand when an open and tearless ex- pression of sentiment, opinion, and purpose is urgently demanded : Therefore, 1. Jicsolved, That in view of our present po- litical condition, our relations to the National Government, and the people of all sections of tlie country, we do this day with proud satisfaction unfurl the brilliant and glorious banner of the Republican party, and earnestly ajipcal to every true and jiatriotic man in the tstale to rally to its puppoi't. The sjilendid 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 that peace and order may be per- manently secured, and every industrial i>ursuit 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 that the doctrine of the suprera- ac}' of the General Government has been estab- lished, and that the paramount allegiance of the citizen has been acknowledged as due to the United States. 4. That we sincerely exult in the fact that as a nation we arc now absolutely a nation or 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 tliat we are ready to unite in the early practical attainment of these ines- timable privileges. Although the mortal re- mains of Abraliam 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 Buiiport of the great party of liberty and emanci[iation. 5. That as the most potent and efficient means by whicii the South can si)('edily rei^ain her lost prosperity, we earnestly advocate tlie spreading of knowledge and education among all men, and that to the attainment of this great end. we de- mand and shall persistently and lirrnly insist upon the absolute right of free discussion and free si)eech on all subjects of public interest 6. That we join in an earnest wish for the maintenance, untarnished and undimmed, of iha public credit and plighted faith of the nation. 7. That in the maintenance of the position taken and the principles this day avowed, wo earnestly invite the influence and co-operatioa of men of all political persuasions, who regard and cordially support the recent action of Con- gress as a solution of our present political diiB- culties ; that we deprecate partizan violence, and desire peace and gf)od-will toward all men ; and if in an open and fearless effort, which we pro- pose to make on every suitable occasion, to per- suade and convince the people that our highe«t dut}' and truest interest are to be subserved by maintaining the principles of the Kepublican 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. Soath Carolina. Of CrrAELESTON Eepublicans, Maech 22, 1867. 1. Resolved, 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 for tlie peace and prosperity of our entire country, 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 the 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 debts incurred to support the rebellion, m they were unlawful, void, and of no obligation, shall never be assumed l)y the United States, nor shall South Carolina be per- mitted to pay any debt whatever which was contracted to aid the 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 generallj' dif- fused among all classes, we will demand of our legislature a uniform system of common schools, which shall be open to all, without distinction of race, color, or previous condition ; such sys- tem to be supported by a general tax upon all kinds of jiroperty. 6. That we will favor a liberal system of pub- lic improvements, such as railroads, canals, and other works, and also such a system of award- ing contracts for the same as will give all our fol- RESOLUTIONS CF CONVENTIONS. 255 low-citizens an equal and fair chance to share in tlicm. 7. That we will also insist on such modifica- tion of the laws of the State as will do away witli 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 agricultural, commercial, and Bocial interests of the State, the legislature should offer every practicable inducement for the division and sale of unoccu[)ied lands among the poorer classes and as an encouragement to emigrants to settle in our State. 9. That the law of ejectment and distraint ehould 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 Stale 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 tru=t and honor only those who are truly loyal, honest, and capable, irrespective of race, color, or previous condition. lo. 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 not support any candidate for office who will not openly indorse, advocate, and defend the principles adopted by the Union Republican party. 15. 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 Republican State Convention, April 17 and 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 40th Congresses, and adopting measures to unite all parties who earnestly and honestly desire that this legislation should be perfected in accord- ance with the express desire of Congress and carried out in good faith by the people of this State, we, therefore, in convention assembled, do First. Resolve, 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 supplement, 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 elTorts 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, witliout evasion, with honesty of purpose, unflinchint* courage, and 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 for 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. 3. 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 all men before the courts, an 1 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 their 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; .i-nd 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 that among these are life, liberty, and the pursuit of happiness ;" and we solemnly pledge, on the part of this convention and tlie party it represents, a strict adliesion 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 enduring peace and prosperity, we solemnly pledge ourselves to support no rnan for an elect- ive otfico who fails to join us in their adoption and enforcfinenl, who fails to identify himself •with the Union Republican party in sjurit and action, or liesitates to connect hinjseif openly and publicly with its platform as adopted here to da)'. 6. That we recognize the great fact that the interests of the laboring classes of the State are identical, and that, without regard "^ color, we desire to elevate tliem to their . ..; position ; that the exaltation of the poor and hnmble, tlie restraint of the rapacious and tiie arrogant, the lifting up of the poor and degraded without hu- miliation or degradation to any; that tlie attain- ment of the greatest amount of liappiness and prosperity to the greatest number is our warm- est desire, and shall have our earnest and per- eistent efforts in their accomplishment; that while we desire to see all men protected in full and equal proportions, and every political right secured to the colored man that is enjoyed by any other class of citizens, we do not desire to deprive the laboring white men of any rights or privileges whicli they now enjoy, butdo propose to extend those rights and privileges by the or- ganization of the Republican party in this State. KENTUCKY AND VIRGINIA RESOLUriONS. Kentucky Resolutions, November, N98. 1. Resolved, That the several States compos- ing the United States of America are not united on the principle of unlimited submission to their General Government ; but tliat, by compact, un- der the style and title of a Constitnfon for the United States and of Amendments thereto, they constituted a general government for special pur- poses, delegated to thatGovernment certain defi- nite powers, reserving each State to itself the residuary mass of right to their own self-govern- ment ; and that whensoever the General Govern- ment assumes undelegated powers, its acts are unauthoritative, void, and of no force : That to this compact each State acceded as a State, and is an integral party, its co-States forming as to itself the other party : That the government created hy tiiis compact was not made the exclu- sive or final judffe of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the mea- sure of its powers ; but that, as in all other cases of compact among parties having no common judge, each party nas an equal right to judge for itself, as well of infractions, as of the mode and measure of redress. 2. Tliat the Constitution 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 liigli 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 Constitution having also declared, " that tlie 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, al.so the same act of Congress, passed on the 14th day of July, 17'J8, and entitled, "7s.n act in addition to the act entitled, 'an act for th(» punishment of certain crimes against the United States," as also the act passed by them on tha 27lli day of June, 1798, entitled ''An act to pun- ish frauds committed on the Bank of the United States,' " (and all other their acts which assume to create, define, or punish crimes other than 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 solely and exclusively, to the respective States, each within its own territory. 3. Tliat it is true as a general principle, and is also expressly declared by one of the amend- ments to the Constitution, that " the powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively or to the people ;" and that no power over the freedom of religion, free- dom of speech, or freedom of the press, iDeing delegated to the United States by the Constitu- tion, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved, to the States or to the people: That thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of tlio press may be abridged without lessening 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 citizens, had alreadj' protected them from all human re- straint or interference: And that, in addition to this 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 religion or 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 speech, and of the press, insomuch that whatever violates either throws down the sanc- tuary which covers the others, and that libels, falsehoods, and defamation, equally with heresy and false religion, are withheld from the cogni- zance of federal tribunals : That therefore the act of the Congress of the United States, passed on the 14th day of July, 1798, entitled "An act in addition to the act for the punishment of certain crimes against the United States," which does 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 amendments to the Constitution having also declared that " the powers not delegated to the United States by tha Constitution, nor prohibited by it to the States, RESOLUTIONS OF COISVENTIONS. 55 are reserved to the States respectively or to the reople," the act of the Congress of tlie United States, passed on the 22d day of June, 1798, en- titled "An act concerning aliens," which assumes power over alien friends not delegated by the Constitution, is not law, but is altogether void and of no force. 5. That in addition to the general principle as well as the express declaration that powers not delegated are reserved, another and more special provision inserted in the Constitution from abun- dant caution has declared " that tlie migration or importation of such persons as any of the States now existing shall think proper to admit Bhall not be prohibited by the Congress prior to the year 1808 :" Tii. t this Commonwealth does admit the migration of alien friends described as the subject of the said act concerning aliens ; that a provision against prohibiting their migration is a provision against all acts equivalent thereto, or it would be nugatory ; that to remove them when migrated is equivalent to a prohibition of their migration, ana is therefore contrary to the Baid provision of the Constitution and void. 6. That the imprisonment of a p'^'-son under the protection of the laws of this Commonwealth on his failure to obey the simple order of the President to depart out of the United States, as is undertaken by the said act, entitled " an act concerning aliens," is contrarj'- to tlie 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 accused 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 comyiulsory process for obtaining witnesses in his favor, and to have the assistance of coun- sel for his defence," the same act undertaking to autliorize the President to remove a person out of the United States wlio is under the pro- tection of the law, on his own suspicion, with- out accusation, without jury, without public trial, without confrontation of the witnessea 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 power of judging any person, who is under the protection of the laws, from the courts to the President of the United States, as is undertaken by the same act concerning aliens, 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- havior;" and that the said act is void for that reason also ; and 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 welfare of the United States, and to make all laws whicli shall be necessary and proper for currying into execution the powers vested by tlie Constitution in the Government of the United States, or any department thereof, goes to the destrudioii of all the liraits prescribed to their power by the Con- stitution. That words meant by that instrument to be subsidiary only to the execution of the limited, "^'owers ought not to be so construed as themseiv:-. ito give unlimited powers, nor a part so to be taken as to destroy the wlio'.c residue of the instrument: That the proceedings of tho General Government under color of tliese articles will be a fit and necessary subject for revisal and 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 Representatives in Congress from this Commonwealth, who are hereby enjoined to present the same to their respective houses, and to use their best endeavors to procure, at the next session of Congress, a re- peal of the aforesaid unconstitutional and obnox- ious acts. 9. Lastly, That the Governor of this Common- wealth be, and is hereby, authorized and requested to communicate the preceding resolutions to tho legislatures of the several States, to assure them that this Commonwealth considers union for specified national purposes, and particularly for those specified in their late federal co-mpact, to be friendly to the peace, ha[ipiness, and pros- perity of all the States: that faithful to that compact, according to the plain intent and mean- ing in 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 thsm 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 earth : 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 punish it themselves, whether enumerated or not enumerated by the Constitu- tion as cognizable by them ; tiiat tliey 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 legblahrrcs. judges, govern- ors, and counselors of the States, nor tlieir otlier peaceable inliabitants who may venture to re- claim the constiiuiionai rights and liberties of the States and people, or wlio for other causes, good or had, may be obnoxious to tiie views, or marked by liie suspicions of the President, or be thought dangerous to his or th^ir 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 furnish new cal- umnies against republican governments, and new pretexts for those who wish 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 ibr the safeiy of our riglits: that confidence is everywhere tiie parent of des- potism; free government is founded in jealousy 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 the honest advocate of confidence read the alien and sedition acts, and say if the Constitution has not been wise in fixing liinirs to the govern- ment It created, and whether we should he wise in destroying those limits ? Let liiin say what the Govei nmeni 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 j»rotection : that the men of our choice have more respected the bare susjiicions of tiie 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 liim down from mischief by the chains of the Con-;titution. That this Commonwealth does theretbre call on its co- States for an expression of their sentiments on the acts concerning aliens and for the punish- ment of certain crimes hereinbeibre specified, plainly declaring whether these acts are or are not authorized by 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-States will be exposed to no dangers by re- maining embarked on a common bottom with their own : That they will concur with this Corr monwealth in considering the said acts as so palpably against the Constitution, as to amount to an undisguised declaraWon that the compact is not meant to be tlie measure of the powers of the General Government, but that it will proceed in the exercise over these States of all powers whatsoever : 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 merply tn cases made federal,) but in all ca-^es whatso- ever, by laws made, not with their consent, but by others against their consent : That thi': would be to surrender the form of government we liavo chosen, and to live under one deriving its powers from its own will, and not from our authority; and that tlie co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void and of no force, and will each unite with this Oammonwealth ia requesting their repeal at the next session of Congress. Virginia Besolutions, December, 1798. Received, That the General Assembly of Vir- ginia dolh unequivocally express a firm resolu- tion to maintain and defend the Constitution of the United States and the constitution of this State against every aggression, either foreign or domestic; and that, they will support the Gov- ernment of the United States in all measures warranted by .he former. 2. Tiiat this Assembly most solemnly declares a warm attachment to the Union of the States, lo 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 which constitute the only basis of that Union, because a faithful observance of them can alone 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 construc- tions of the constitutional charter which defines them ; and that indications have appeared of a design to expound certain general plirlises (which, having been copied from 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 and lim- its the general phrases, and so as to consolidate the St;ites, by degrees, into one sovereignty, the obvious tendency and inevitable result of which would be to transform the jiresent republican system of the United States into an absolute, or, at best, a mixeJ monarchy. 5. That the General Assembly doth particu- larly protest against the palpable and alarming infractions of the Constitution in the two lata POLITICAL MISCELLANY. 257 cases of ttie " 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, by uniting legis- lative and judicial powers to those of executive, subverts the general principles of free govern- ment, as well as the particular organization and positive provisions of the Federal Constitution ; and the other of which acts exercises, in like manner, a power not delegated by the 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- munication among the people thereon, which has ever been justly deemed the only effectual guar- dian of every other right. 6. That this State, having by its convention, which ratified the Federal Constitution, 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 its extreme anxiety to guard these rights from every possible attack of sophistry and ambition, having, 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 now shown to the most palpable violation of one of the rights thus declared and secured, and to the establishment of a precedent which may be fatal to the other. 7. That the good people of this Common- wealtli, 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 scrupulous fidelity to that Constitution, wliich 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 Commonwealth in declaring, as it does hereby declare, that the acts aforesaid are unconstitutional, and that the necessary and proper measures will be taken by each for co-operating with this State in maintaining unimpaired the authorities, rights, and liberties reserved to the States respectively, or to the people. 8. That the Governor be desired to transmit » copy of the foregoing resolutions to the execu- tive authority of 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 Representa- tives representing this State in the Congress of the United States. x:xii. POLITICAL MISCELLANY. ELECTIVE FRANCHISE IN THE STATES. In Tennessee. 1867, February 6 — The House passed a bill etriking 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, Blackman, Clements, Clingan, Donaldson, Doughty, Dowdy, Elliott, Fuson, Garner, Gilmer, Hudson, Hale, Kerchival, Max- well, McNair, Morris, Murphy, Norman, Patton, Porter, Puckett, Raulston, Richards, Shepherd, Smith of Plardeman, Smith of Obion, Taylor, Thornburgh, Underwood, Waters, Welsh, Wines, Woodcock, Woods, and Speaker {pro tern.) Mul- loy — 38. February IS — The Senate concurred — yeas 14, nays 7. March 21 — The supreme court of the State nnanimously sustained the constitutionality of the franchise law. A law was also passed containing this pro- vieion : " That in all State, district, county, and all other elections, such aliens as have resided more than one year in the United States, and more than six months in the State of Tennessee, shall have the right of the elective franchise : Pro- vided, Tiiat such persons shall have previously • For copy of the law see Political Manual for 1866, pp- VI, 28. 17 declared 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 elective franchise : Resolved, 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 tlie electors of this State, to vole at the next annual Ostober election upon the approval or rejection of the following amend- ment as a substitute for the first section of the fifth article of the constitution of this State, to wit: "Every male citizen of the United States of the age of twenty-one years, who shall have been a resident of the State one j-ear next pre- ceding the election, and of the county, township, or ward in which he resides such time as may be provided by law, except such persons as have borne arms in support of any insurrection or rebellion against the Government of the United States, or have fled from their places of residence to avoid being drafted into the military service thereof, or liave deserted the military or naval service of said Government in time of war, aad 258 POLITICAL MANUAL. had not subsequently been honorably discharged from the same, shall l)ave 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 all persons'''' 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 : Yeas — Messrs. Atw.iter, S^iyrt", Murphy, Edwards, Bald- win, Vuorlioea, Uiinyon, A. P. Cuiidit, Hrnere, Staiisliury, Mount, EVi.s, Ferry, Fields, Garfield, Get:, Glnsshrenncr, Golladay, Griswold, Gro- ver, Haifiht, Ualsey, Hamilton, Hawkins, Hill, Ilolman, Hooper, Hotclildss, Asahel W. Hubbard, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Humphrey, Insersoll, John- son, Jones, Ken-, Ketcham. Knott, Koontx, Laflin, George V. Lawrence, Lincoln, Marshall, Marvin, McCarthy, ilcCul- lough. Miller, Moorliead, Morgan, Mungen, Niblack, Nichol- son, Perhani, Peters, Phelps, Pike, Plants, Polnnd, Polsley, Pruyn, Randall. Robertson, Jiobinsrm, Boss, Sawyer, Sit- greaves, Smilh, Spalding, Starkweather, Stewart, Stone, Ta- Oer, Taylor, Upson, Van Aeiuam, Van Auken, Vun Trump, Van Wyck. Cadwalader C.Wiisbbnrn, Ellihu B. Washburne, Henry I). Washburn, William B. Washburn, Welker, James F. Wilson, John T. Wilson, Woodbridge, Woodv}p!irey.Ji>:i)ison..l'inis. Kerr, Knott, Marshall, McCormic!:, McCnlhiwih, Mnrrjun. Mniris^ey, Mungen, jyiblacl;, Kieliolum, I'liclpf, J'ruyii, Jiatidall. Jfos.i, Sitgieaves, S/ewart, Slmie, Tahir, I.imrence S. Triiuhle, Van Atiken, Van Trump, Wood, Wondivard — 47. Not Voting — Mi-ssrs. Benjaniin, Dixon, Donnelly, EIn, Finney, Garfield, Hawkin.s, Minnard, I'omerov, Rohinsom, .-hellabarger, .John Trimble, Pvobert T. Van Hoin, Henry D. Washburn, William W^illiams — \b. Same day — On motion of Mr. Thaddeua Stevens, the appointment of a comiiiittee 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 person?, yiapers, and records, and to take testimony under oath. Wiiich was agreed to — y^as 124, nays 42 The Speaker appointed Messrs. Thaddeus Stevens and John A. Bingham on the former, and Messrs. Boutwell, Thaddeus Stevens, Bing- ham, James F.Wilson, Logan, Julian, and Ward, on the latter. Februar}' 25 — Mr^ Thaddeus Stevens and Mr. John A. Bingiiam appeared at the bar of the Senate and delivered the following message : Mr. President: By order of tiie House of Pi,epresentatives, we appear at the bar of the Senate, and in the name of the tlonse of Pvep- 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 the Senate. Articles of Impeachment and Votes thereon, the Answer of President Johnson, the Repli- cation of the House, the Progress of the Trial, and the Judgment of the Senate. Fortieth Congress. Second Session, In the House of Representatives U. S., March 2, ISGS. Articles exhibited by the House of Representatives of the United States, iii the name of themselves and all the people of the United States, arjainst Andrew Jolinson, President of the United States, in maintenance and supjjort of their im- peachment against him for high crimes and misdemeanors in office. Article I. — That the said Andrew Johnson, President of the United States, on the 21st day of February, in the year of our Lord 18G8, at Wash- ington, in the District of Columbia, unmindful of the iiigh duties of bis office, of his oath of office, and of the requirements cf the Constitu- tion that he should take rare that tl;e laws be faithfully executed, did nnlawf-.illv, and in vio- lation of the Constitution and »aws of the United THE ARTICLES OF IMPEACHMENT, ETC. 267 States, issne an order in writing for the removal of Edwin M. Stanton from tlie office of Secretary for tlie 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 tlie United States, as such Secretary, and said Andrew Johnson, President of the United States, on the 12th day of August, in the year 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 days after the firfet day of the next meeting of said Senate, that is to say, on the 12th day of December, in the year last afore- said, liaving 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 tlie 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 notnce, and said Edwin M. Stanton, by reason of the premises, on said 21st day of February, being lawfully entitled to hold said" 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 : ExECUTivR Mansion, WASniNGTON, D. C, Fehruary 21, 1868. Sir : By virtue of tlio'puwer and authority vested in rae as President by the Constitution and laws of tlie United States you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon receipt of this con)munication. You will transfer to Brevet Majnr General Lorenzo Thomas, Adjutant General of the Army, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, hooks, papers, and other public property now in yciur custody and charge. Respectfully, yours, Andrew Johnsos. To the Hon. Edwin M. Stanton, Wushington, D. C. Which order was unlawfully issued 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, contrarjr to the provisionsof 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 session, to remove said Edwin M. Stanton from the office of Secretary for the Department of War, the said Edwin M. Stanton being then and there Secretary for the Department of War, and being then and there in the due and lawful exe- cution and discharge of the duties of said office, whereby said Andrew Johnson, President of the United States, did then and there commit, and was guilty of a high misdemeanor in office. Article IL — That on the said 21st day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, said Andrew John- son, President of the United States, unmindful 01 the high duties of his office, of his oath of office, and in violation of the Constitution of the United States, and contrary to tlie [trovisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, eighteeu hundred and sixty-seven, without the advicfl 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 : Executive Mansion, Washington, D. C, Fehrua y 21, 1868. Sir: The Hon. Edwin M. Stanton liaving been this daj removed from office as Secretary for thoDepartment of War, you are hereby authorized and empowered to act ;!S Secre- tary of War od jnJfr/iu, and will immediately enter upon the . C, Fc'n-uary 21, 1868. Sir: The Hon. Edwin M. Stanton having been this day removed from office as Secretary for th« Department of War, you are hereby aiithoiized and empowered to act as .'Secre- tary of War ad interim, i\ud will immediately enter upon the discharge of the duties pertainin<; to that office. Mr. Stanton has been instcucted to transfer to you all the records, books, papers, and other public property now ia his custody and charge. Respectfully, yours, Andrew John.son. To Brevet Major Oen. Lorenzo Thomas, Adjutant General U. S. Army, Washington, D. C. Article IV. — That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath 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 Wash- 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. Stanton, then and there the Secretary for the Department of War, duly appointed under the laws of the United "States, from holding said office of Secretary for the Deoart 268 POLITICAL MANUAL. ment of War, contrary to and in violation of the Constitution of the United States, and of the provisions of an act entitled " An act to define and punish certain conspiracies," approved July 31, 18()1, wliereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high crime in ofBce. Article V. — That said Andrew Johnson, President of the United States, unmindful of the rigii duties of his office and of his oath of olBce, on tlie 21st day of February, in the year of our Lord 1868, and on divers otlier days and times in said year, before the 2d day of March, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other per- sons to the House of Representatives unknown, to prevent and hinder 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 attempt to prevent Edwin M. Stanton, then and there being Secretary for the Department of War, duly appointed and commissioned under the laws of the United States, from holding said oflace, whereby the said Andrew Johnson, Presi- dent of the United States, did then and there commit and was guilty of a high misdemeanor in office. Article VI. — That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, on the 21st day of February, 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 property of the United States in the Department of War, and then and 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 define and punish certain conspiracies," approved July 31. 1861, and with intent to violate and disregard ' an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, whereby said Andrew Johnson, President of the United States, did then and there commit a high crime in office. Article VII. — That said Andrew Johnson, President of the United States, unmindful of Uie high duties of his office and of his oath of office, on tiie 21st day of February, in the year of our Lord 1868, at Washington, in the Dis- trict of Columbia, did unlawfully conspire with one Lorenzo Thomas, with intent unlawfully to seize, take, and possess the property of the United Slates in the Department of War, in tlio custody and charge of Edwin M. Stanton, Sec- retary for said De[>artment, with intent to vio- late and disregard tiie act entitled "An act regulating tiie tenure of certain civil offices," Jassed March 2, 1867, whereby said Andrew ohnson, President of the United States, did tlien and there commit a high misdemeanor in office. Article VIII. — That said Andrew Johnson, Presidont of tise United States, unmindful of the higli duties of his office and of hisoatii of otlice, with luieut unlawfully to control the disburse- ments of the moneys appropriated for the mili- tary service and for the Department of War, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully and contrary to the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed ALarch 2, 1867, and in violation of the Constitution of the United States, and without the advice and consent of the Senate of the United States, and while the Senate was then and there in session, there being no vacancy in the office of Secretary for the Department of War, and with intent to violate and disregard tlie act aforesaid, then and there issue and deliver to one Lorenzo Tliomaa a letter of authority in writing, in substance as follows, that is to say : ExEcnTivE Mansion, Washington, D. C, February 21, 1S68. Sir: The Hon. Edwin M. Stiinton liaviiin been this day removed from office as Secretary for the Department of War, you fire heiel)y antlioiized nnd empowered to :ict as Secre- tary of VVar ad interim, and will immediately enter upon the discharjie of the duties pertaining to that office. Mr. Stanton has been instructed to transfer to you all the records, honks, papers, and otiier public property uow iu his custody aud charge. Respectfully, yours, Andrew JoHNSorr. To Brevet Major Gen. Lorenzo Thomas. Adjutant General U. S. Army, Washington, D. C Whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office. Article IX. — That said Andrew Johnson, President of the United States, on tiie 22d day of February, in the year of our Lord 1868, at Wash- ington, in tlieDistrictof Columbia, in disregard of the Constitution and the laws of the United States duly enacted, as commander-in-chief of the army of the United States, did bring before himself then and there William H. Emorj^ a major general by brevet in tiie army of the Uni(:ed States, actually in command of the department of Washington and the military forces thereof, and did then and there, as such commander-in- chief, declare to and instruct said Emory that part of a law of the United States, passed March 2. 1867, entitled " An act making appropria- tions for the support of the army for the j'ear ending June 30, 1868, and for other pur- poses," especially the second 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 the General of the army, and in case of his inability through the next in rank" was unconstitutional, and in contravention of the commission of said Emory, and which said provision of law had been theretofore duly and legally promulgated by General Order for tlie government and direc- tion of the army of the United States, as the said Andrew Johnson then and there well knew, with intent tiiereby 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 obe}' such orders as he, the said Andrew John- son, miglit make and give, and which should not be issued through tlie General of the army of the United States, according to the provisions of said act, and witli the further intent thereby to enable him, the said Andrew Jolinson, to prevent tlie THE ARTICLES OF IMPEACHMENT, ETC. 269 fixecution of the act entitled "An act regulating the tenuie of certain civil offices," passed March 2, 1867, and to unlawfully prevent Edwin M. Stanton, then being Secretary for the Depart- ment 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 United States, and also of replying to his answers which he shall make unto the 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 shall be exhibited by them, as the case shall re- quire, do DEMAND that the said Andrew Johnson may be put to answer the high crimes and mis- demeanors in office herein charged against him, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice SCHUYLER COLFAX, Speaker of the House of Representatives. Attest : Edward McPheeson, Clerk of the House of Representatives. Ik the Housk of Representatives U. S. March 3, 1868. The following additional articles of impeach- ment were agreed to, viz: Article X. — That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and the dignity and proprieties thereof, and of the harmony and courtesies which ought to exist and be main- tained between the executive and legislative branches of the government of the United States, designing and intending to set aside the rightful authority and powers of Congress, did atten:pt to bring into disgrace, ridicule, hatred, con- tempt and reproach the Congress of the United States, and the several branches thereof, to im- pair and destroy the regard and respect of all the good people of the United States for the Congress and legislative power thereof, (which all officers of the Government ought inviolably to preserve and maintain,) and to excite the odium and resentment of all the good people of the United States against Congress and the laws by it duly and constitutionally enacted; and in pursuance of his said design and intent, openly and publicly, and before divers assemblages of the citizens of the United States convened in divers parts thereof to meet and receive said Andrew Johnson as the Chief Magistrate of the United States, did, on the 18th day of August, in the year of our Lord 1866, and on divers other days and times, as well before as after- ward, make and deliver with a loud voice cer- tain intemperate, inflammator)', and scandalous harangues, and did therein utter loud threats and bitter menaces as well against Congress as the laws of the United States duly enacted thereby, amid the cries, jeers and laughter of the multitudes then assembled and in hearing, which are set forth in the several specihcationd hereinafter written, in substance and effect, that is to say : Specification First. — 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 States, speaking of and concerning the Congress of the United States, said Andrew Johnson, President of the United States, heretofore, to wit, on the 18th day of August, in tiie year of our Lord 1866, did, in a loud voice, declare in substance and effect, among other things, that is to say : "So fur as the executive departinent of the goveriiment is concerned, the effort has l)een made to restore the Uniion, to heal the hreach, to pour oil into the wounds wliicli were consequent upon tlie strufrgh', and (to speak in common phrase) to prepare as the learned and wise physician would, a plaster healing in character and coextensive with the wound We tliouglit, and we think, that we had partially succeeded; but as tlie work |)rugres3es, as reconstruction seemed to he taking place, and the country was ticconiing reunited, we found a disturbing and marring element ojipos- ing us. In alluding to tliat element, I shall go no further than your convention and tlie distinguished gentleman who has delivered to me the report of iis proceedings. I shall make no reference to it tliat I do not believe the time and the occasion justify. " We have witnessed in one department of the Goverrj- ment every endeavor to prevent the restoration of peace, harmony, and Union. We have seen hanging upon the verge of the Government, as it were, a body called, or which assumes to be, tlie Congress of the United States, while iu fact it is a Congress of only a part of the States. We have seen this Congress pretend to he for the Union, when it8 every step and act tended to perpetuate disunion and make a disruption of the States inevitable. * * * W'e have seen Congress gradually encroach step by step upon consti- tutional rights, and violate, day after day and month aftel month, fundamental piinciples of the government. W» have seen a Congress that seemed to forget that there wa? a limit to the sphere and sci^pe of legislation. We have seen a Congress in a minority assume to exercise power which, allowed to be consummated, would result in despot ism or monarchy itself." Specification Second. — In this, that at Cleve- land, in the State of Ohio, heretofore, to wit, on the 3d day of September, in the year of our Lor4 1866, before a public assemblage of citizens and others, said Andrew Johnson, President of the United States, speaking of and concerning the Congress of the United States, did, in a loud voice, declare. in substance and effect, among other things, that is to say: "I will tell you what I did do. I called upon your C(jn- gress, that is trying to break up the government. * * * "In conclusion, lieside that. Congress had taken mncli pains to poison their constituents against him. liut what had Congress done? Haie they done anything to restore the union of these .■'tates? 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, factionsand domineering, had undertaken to poison the minds of the American people." Specification Third. — In this, that at St Louis, in the State of Missouri, heretofore, to wit, on the 8th day of S.'ptember, in the year of of our Lord 1866, before a public assemblage of citizens and others, said Andrew Johnson, Pres- ident of the United States, speaking of and concerning the Congress of the United States, did, in a loud voice, declare, in substance and effect, among other things, that is to say : "Go on. Perhaps If you had a word cr two on the sub- ject of New Orleans you might undenttand more about it than .vou do. And if you will go back— if yon will go back and asi'ertain the cause of the riot at New Orleans per- haps you will not be so promptin callingout 'New Orleans.* If you will take up the riot at New Orleans, and trace it back 270 POLITICAL MANUAL. to its source or its immediate cause, yon will find out who was respousiblo for the lilood tliiit was slieil tliere. 11 y«u will tako up the liot at New OiU-aiisaiKl trace it back tu the radical Congress, jou will find that the ricit at New Orleans Was snli>lantiallj"|i''""'>^'l- If you will takf np the procecd- tlijjs in their caucuses j'oii will understand that they tIn-re knew that a convention was to he called which wis extinct by its power havinj; expired; that it was said that the in- tention was that n new (rovi-riinient was to he organi/rd, and •in the orpinizalion of that government the intention Wiis to enfranchise mie porti m of the population, called the coli>r«d population, who had just been emancipated, and ut the same time ilisfranchise white men. When yon design to talk about New Orleans, you ought to undec-jtalid What you are talking about. When you read the speeches that •vero made, and lake 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 tiiat portion of the population, the black population, to arm themselves and prepare for the shedding of blood. You will also fiml that that convention did as.semble in violation of law, and the intenlir)ii of that (on vent ion was to supersede the recwgaiiized anihorities in the Slategoverninentot Louisiana, which had been recognized by the Ooveiiiment of the United Stales; and every man engaged in that rebellioti in that cotivention, with the inteiilion of Huperseding and upturn- ing the civil government which had been recognized by the Government of the United States. I say tlmt he was a traitor to the Constitu:ion of the United Stales, and hence you find that another rebellion was commenced, having its ongin in Uie radical Congress. ***** " So much for the New Orleans riot. And there was the cause and the origin of the blood that was shed ; and every drop of Idood that was shed is upon their skirts, and they are res|ionsible for it. I could tesr this thing a liitle closer, but will notd;in, Dixon, DooUttle. Drake, Edmunds, Ferry, Fessenden, Fowler, Fro- linghiiysen, Grimes, liarlan, Henderson, Hendricks. How- ard, Howe, ,7b/inso«, Morgan, Morrill of Maine. Jlonill of Vermont, Morton, Norton, Nyo, Patterson •■( New Hamp- shire, Patterson of Tennessee, I'omeroy, llanisey, Koss, Sherman, Sjiragne, Stewart. Sumner, Thayer, Tiptou, Triimbnll.Van Winkle, Ftc/rers, Willey, Williams, Wilson, Yates— 49 i<(yt VoTlNa — Messrs. Bayard, SauUbury,y\'aAi.^ — 3. Answer of President Johnson. Mr. Curtis then proceeded to read the answer to the close of that portion relative to tl;e first article of impeachment. * Mr. Plark did not appear in tli« trial. Mareli 23, UoD. William S. Groesbeck of Ohio ai)peareJ in his stvad. 272 POLITICAL MANUAL. Mr. Stanbery read that portion of the answer beginning wiih 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, sitting as a Court of ImpeacJiment for the trial of Andrew Johnson, President of the United Stales. The answer of the said Andrew Johnson, President of the United States, to the articles of impeacliraent exhibited against liirn by the House of Representatives of the United States. ANSWER TO ARTICLE I. For answer to the first article be says: That Edwin M. Stanton was appointed Secretary for the Department of War on the 15th day of Jan- uary, A. D. 1S62, 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 bold the said ofSje during the pleasure of the President ; that the office of Sec- retary for the Department of War was created by an act of the first Congress in its first session, passed on the 7th day of August, A. D. 1789, and :n and by that act it was provided and enacted, that the said Secretary for the Department of War shall perform and 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 the 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 bis appointment aforesaid the said Stanton became tlie principal officer in one of the execu- tive departments of the Government within the true intent and meaning of the second section of the second article of the Constitution of the United States, and according to the true intent and meaning of that provision of the Constitu- tion of the United States ; and, in 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 shoulil continue to hold the said office of Secre- tary for the Department of War must continue to be, 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 uyion him or intrusted to him by the President touching the dejiartment aforesaid, and for whose conduct in such capacity, subordinate to the President, the President is by the Consti- tution and laws of the United States, made re- sponsible. And this respondent, further answering, says he succeeded to the office of President of tiie United States upon, and by reason of, tiie death of Abraham Lincoln, then President of the United States, on the 15th day of April, 1865, and the said Stanton was then holding the said office of Secretary (or the Department of War under and by reason of the appointment and commission aforesaid ; and not naving been re- moved from the said ofBce by this respondent, the said Stanton continued to hold the same under 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, saya that on and prior to the 5th day of August, A. D. 1867, this respondent, the President of the 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 advice 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 De- 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 judgment 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 the government, and by reason of the constitutional duty of the Presi- dent to take 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 for the Department of War. And this respondent, 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 effect 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: Sir: Pii1)lic considerations of a liigh character constraia me to say that your resignation as Secretary of War will b» accepted. To which note the said Stanton made the fol- lowing re})Iy : War Dep.\rtment, Washington, Aufjust 5, 1867. Sir: Your note of this iliiy lias been received, stating tli:it '■ pntilic consider.itions of a liigli character constrain yiiu " to say " tliat my resignation as Secretary of War will lie 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, constrain nib not to resign the office of Secretary of War before the next meeting of Congress. Very respectfully, yours, Edwin M. St.^ntox. This respondent, as President of the United States, was thereon of opinion tiiat, having regard to the necessary ofBcial relations and duties of the Secretary for the Department of War to the President of the United States, ac- cording to the Constitution and laws of the United States, and having regard to the respon- sibility of the President for the conduct of the said Secretary, and having regard to the jierma- nent executive authority of the office whicli the respondent holds under the Constitution aad THE ARTICLES OF IMPEACHMENT, ETC. 273 laws of the United Stales, it was impossible, coHsistently with the public intere;?ts, 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- epondent, 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, dtd, uniformly and in great numbers of instances, a^ted on by each Congress and President of the United States, in succession, from President Washington to, and including. President Lincoln, and from the First Congress to the Thirty-Ninth Congress, that the Constitu- tion of the United States conferred on the Pres- ident, as part of tlie executive power and as one of the necessary means and instruments of per- forming the executive duty expressl}' imposed on him by the Constitution of taking care that the laws be faithfully executed, the power at any and 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- ments ufion this question of constitutional executive power and duty, and had been advised by each of !hem, including the said Stanton, Secretary for the Department of War, that tinder the Constitution of the United States this power was lodged by the Constitution in the President of the United States, and that, conse- quently, it could be lawfully exercised by him, and tiie 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 :opy whereof is hereunto annexed and marked A.,) that the power last mentioned was conferred And 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 or 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 Stales, to cause the said Stanton to surrender the said office. This respondent was also then aware that by the first section of "An act regulating the tenure of certain civil offices," passed March 2, 1867, by a constitutional majority of both houses of Con- gress, it was enacted as follows: That every person hrldinji any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be an- 18 pointed to any such oflBce. and shall become duly qualified to act therein, is and slialt be entitled to hold such ofllce until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided : Provided, That the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster Gen- eral and the Attorney General, 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, suhject to remoTal 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 ihe 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 last- 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 witiiin or without the terms of that first section of the act ; or, if within it, whether the President had 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, and having, in his capacity of President of the Unfted States, so examined and considered, did form the opinion that the case of the said Stanton and his tenure of office were not affected by the first section of the last-named act And this respomlent, further answering, saya, that although a case thus existed which, in his judgment as President of the United States, called for the exercise of the executive power to remove the said Stan Ion 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 remove the said Stanton from the said office was vested in the 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 judgment and determination thereon, yet this respondent, as President of the United States, desired and de- termined to avoid, if possible, any question of the construction and effect of the said first section of the last-named act, and also the broader question of the executive power conferred on the President of the United States, by the Con stitution of the United States, to remove one of the principal officers of one of the executive departments for cause seeming to him sufficient; and this respondent also desired and determined that, if from causes over which he could exert no control, it should become absolutely necessary to raise and have, in some way, determined either or both of the said last-named questions, 274 POLITICAL MANUAL. it was in accordau ;e with the Constitution of the United States and was required of the President thereby, that questions of so inucli gravity ami importance, upon wliich the legislative and ex- ecutive departments of the Government had dis- agreed, wliich involved powers considered by all branches of the Government, daring its entire history down to the year 18G7, 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 lo the duty, not only of determining finally the construction of and effect of all acts of Congress, but of com- paring them with the Constitution of the United States and pronouncing tliem inoperative when found in eonflict with that fundamental law ■which the people have enacted for the govern- ment of all their 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 as a principal subordinate officer whose official conduct he was responsible for and had lawful right to control, might, if possible, be accomplished without the necessity of raising any one of the questions aforesaid ; and, second, if this duty could not be so performed, then that these questions, or such of them as might necessarily arise, should be judicially 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, 1867, seven days after the reception of the letter of the said Stanton of the 5th of August, hereinbefore stated, did issue to the said ftantOQ the order following, namely: ExECOTivE Mansion, Washington, August 12, 1867. Sir: By virtue of tlie power and aiithoiity vested in me as President by tlie Cunstituiioii and laws of the United States, you are liereby guspoiided from office as Secretary of War, uud will cease to exercise any and all functions per- tainiii<; to the same. You will at once transfer to General Ulysses S. Grant, who lias this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and pther pulilic ))roperty now in your custody and charge. The Hun. Edwin M. Stanto.v, Secretary of War. To which said order the said Stanton made the following reply : ,„ ^ ° ^ •' War Department, Washington City, August 12, 1S67. Sir: Your note of this date has been received, inform- jng nie tliat, by virtue of the powers vested in you as Presi- dent by the Constitution and laws of the United Stales, I r.m suspended from ollico as Secretarj of War, and will cease to exercise any and all functions pertaining to the same, and alsu directing me at once to transfer to General Ul.vases S. Grant, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, buoks, 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 con- gent uf the Senate, and witlmut legal cau.se, to suspend me from oflice as Secretary of War, or the exercise of anj or all functions pertaining to the same, or without such ad- vice and consent, to compel mo to transfer to any person the recordH, liooks, papers, and public property in my cus- tody as Secretary. Jiut inasmuch as the Gotieral command- ing the armies of the United States has been appointed ad interim, and has notified ine that he has accepted the ap- pointment, I have no alternative but to submit, under pro- test, to superior force. lo iJie Pll£8U)EMT. And this respondent, further answering, says, that it is provided in and by the second section of "An act to regulate the tenure of certain civil otfices," that the President may suspend an officer from the performance of the duties of the office held by him, for certain causes therein (jesignated, until the next meeting of the Sen- ate, and until the case shall be acted on by the Senate; that this respondent, as President of the United States, was advised, and he verily believed and still believes, that the executive power of removal from office confided to him by the Constitution as aforesaid includes tho powei of suspension from office at the pleasure of the President, and this respondent, by the order aforesaid, did suspend the said Stanton from office, not until the next meeting of the Senate, or until the Senate should have acted upon tho case, but by force of the power and authority vested in him by the Constitution and laws of the United States, indefinitely and at the plea- sure of the President, and the order, in form aforesaid, was made known to the Senate of the United States on the 12th day of December, A. D. 1867, as will be more fully hereinafter stated. And this respondent, further answering, says, that in and by the act of Februar}' 13, 1795, it was, among other things, provided and enacted that, in case of vacancy in the office of Secre- tary for the Department of War, it shall be law- ful for the President, in case he shall think it necessary, to authorize any person to perform the duties of that office until a successor be ap- pointed or such vacancy filled, but not exceeding the term of six months; and this respondent, being advised and believing that such law was in full force and not repealed, by an order dated August 12, 1867, did authorize a^d empower Ulysses S. Grant, General of the armies of the United States, to act as Secretary for the Depart- ment of War ad interim, in the form in which similar authority had theretofore been given, not until the next meeting of the Senate and until the Senate should act on the case, but at the pleasure of the President, subject only to the limitation of six months in the said last- mentioned act contained; and a copy of the last-named order was made known to the Senate of the United States on the 12th day of Decem- ber, A. D. 1867, as will be hereinafter more fully stated ; and in pursuance of the design and in- tention aforesaid, if it should become necessary to submit the said questions to a judicial de- termination, this respondent, at or near the date of the last-mentioned order, did make known such his purpose to obtain a judicial decision oi the said questions, or such of them as might ba necessary. And this respondent, further answering, says, that in further pursuance of his intention and design, if possible, to perform what he judged to be his imperative duty, to prevent the said Stanton from longer holding the office of Secre- tary for the Department of War, and at the same time avoiding, if possible, any question respecting the extent of the power of removal from executive office confided to the President by the Constitution of the United States, and any question respecting the construction and effect of the first section of the said " act regu- THE ARTICLES OF IMPEACHMENT, ETC. 2'ir> lating the tenure ot certain civil offices," while he ahould not, by any act of liis, abandon and relinquisli, either a power wliich he believed the Constitution had conferred on the President of the United States, to enable him to perform the duties of his office, or a power designedly left to him by the first section of the act of Congress last aforesaid, this respondent did, on the 12th day of December, 1867, transmit to the Senate of the United States a message, a copy whereof is hereunto annexed and marked B, wherein he made known the orders aforesaid and the reasons whinh had induced the same, so far as this respondent then considered it mate- rial and necessary that the same should be set forth, and reiterated his views concerning the constitutional power of removal vested in the President, and also expressed his views concern- ing the construction of the said first section of the last-mentioned act, as respected the power of the President to remove the said Stanton from the said office of Secretary for the Depart- ment of War, well hoping that this respondent could thus perform what he then believed, and still believes, to be his imperative duty in refer- ence to the Baid Stanton, without derogating from the powers which this respondent believed were confided to the President by the Consti- tution and laws, and without the necessity of raising judicially any questions respecting the same. And this respondent, further answering, says, that this hope not having been realized, the President was compelled either to allow the said Stanton to resume the said office and remain therein, contrary to the settled convictions of the President, formed as aforesaid, respecting the powers confided to him and the duties re- quired of him by the Constitution of the United States, and contrary to the opinion formed as aforesaid, that the first section of the la,st-men- tioned act did not afifect the case of the said Stanton, and contrary to the fixed belief of the President that he could no longer advise with or trust or be responsible for the said Stanton, in the said office of Secretary for the Depart- ment of War, or else he was compelled to take euch steps as might, in the judgment of the President, be lawful and necessary to raise, for a judicial decision, the questions affecting the lawful right of tlie said Stanton to resume the Baid office, or the power of the said Stanton to persist in refusing to quit the said office, if he should persist in actually refusing to quit the same ; and to this end, and to this end only, this respondent did, on the 21st day of February, 1868, issue the order for the removal of the said Stanton, in the said first article mentioned and eet forth, and the order authorizing the said Lorenzo Thomas to act as Secretary of War ad interim, in the said second article set forth. And this respondent, proceeding to answer spornfically each substantial allegotion in the eaid first article, says: He denies that the said Stanton, on the 21st day of February, 1868, was lawfully in possession of the said office of Secre- tary for the Department of War. He denies that the said Stanton, on the day last mentioned, was lawfully entitled to hold the said office against the will of the President of the TTnited States. He denies that the said order for the removal of the said Stanton was unlawfully issued. He denies that the said order was i.';sue(l with intent to violate the act entitled "An act to regulate the tenure of certain civil offices." He denies that the said order was a violation of the last-mentioned act. He denies that the said order was a violation of the Constitution of the United States, or of any law thereof, or of his oath of office. He denies that the said order was issued with an intent to violate the Constitution of *he United States, or any law thereof, or thi respondent's oath of office; and he tespectfully. but earnestly, insists that not only was it issuej by him in the performance of what he believed to be an imperative official duty, but in the per- formance of what this honorable court will con- sider was, in point of fact, an imperative official duty. And he denies that any and all substan- tive matters in the first article contained, in manner and form as the same are therein stated and set forth, do by law constitute a high mis- d«meanor in office, within the true intent and meaning of the Constitution of the United States. ANSWER TO ARTICLE II. And for answer to the second article, this res- pondent says, that he admits he did issue and deliver to said Lorenzo Thomas the said writing Bet forth in said second article, bearing date at Washington, District of Columbia, February 21, 1868, addressed to Brevet Major General Lorenzo Thomas, Adjutant General United States army, Washington, District of Columbia, and he further admits that the same was so issued without the advice and consent of the Senate of the United States, then in session ; but he denies that he thereby violated the Constitution of the United States, or any law thereof, or that he did thereb}- intend to violate the Constitution of the United States or the provisions of any act of Congress ; and this respondent refers to his answer to said first article for a full statement of the purposes and intentions with which said order was issued. and adopts the same as part of his answer to this article ; and he further denies that there was then and there no vacancy in the said office of Secretary for the Department of War, or that he did then and there commit or was guilty of a high misdemeanor in office; and this respondent maintains and will insist: 1. That at the date and delivery of said writ- ing there was a vacancy existing in the office of Secretary for the Department of War. 2. That, notwithstanding the Senate of the United States was then in session, it was lawful and according to long and well-established usage to empower and authorize the said Thomas to act as Secretar}- of War ad interim. 3. That if the said act regulating the tenure of civil offices be held to be a valid hiw, no pro vision of the same was violated by llie issuing of said order or b}"- the designation of said Tliomat to act as Secretary of War ad interim. ANSWER TO ARTICLE III. And for answer to said third article, this res- pondent says, that he abides by his answer to said first and second articles, in so far as the same are responsive to the allegations contained in the said third article and, without here again 276 POLITICAL MANUAL. repeating the same *nswe- partment of War ad interim, and ordered the said Stanton to transfer to him all the records, books, papers, and otlier public property in his custody and charge; and, by the second order, tins res- pondent notified the said Tliomas of the removal from office of the said Stanton, and authorized him to act as Secretary for the Department oJ War ad interim, and directed him to immediately enter upon the discharge of the duties pertain- ing to that office, and to receive the transfer of all the records, books, papers, and other public property from Mr. Stanton then in his custody and charge. Respondent gave no instructions to the said Thomas to use intimidation or threats to enforce obedience to these orders. He gave him no authority to call in the aid of the military or any other force to enable him to obtain pos- session of the office, or of the books, papers, records, or property thereof. The only agency resorted to or intended to be resorted to was by means of the said executive orders requiring obedience. But the Secretary of the Depart- ment of War refused to obey these orders, and still holds undisturbed possession and custody of that Department, and of the records, books, papers, and other public property therein. Ee- spondent further states that, in execution of the orders so by this respondent given to the said Thomas, he, the said Thomas, proceeded in a peaceful manner to demand of the said Stanton a surrender to him of tlie public property in the said Department, and to vacate the possession of the same, and to allow him, the said Thomas, peaceably to exercise the duties devolved upon him by authority of the President. That, as this respondent has been informed and believes, the said Stanton peremptorily refused obedience to the orders so issued. Upon such refusal, no force or tlireat of force was used by the said Thomas, by autliority of the President or other- wise, to enforce obedience, either then or at any sulisequent time. This respondent dotli here except to the suffi- ciency of the allegations contained in said fourth article, and states for ground of exception, that it is not stated that there was any agreement between this respondent and the said Thomas, or any other person or persons, to use intimida- tion and threats, nor is there any allegation as to the nature of said intimidation and llireats, or that there was any agreement to carry tliem into execution, or that any step was taken or (i.greed to he taken to carry them into extcu tion, and that tiie allegation in said article that the intent of said consfiiracy was to use intim- idation and threats is wholly insufficient, inas- much as it is not alleged that the said intent formed the basis or become a part of any agree- ment between the said alleged conspirators, and, furthermore, that there is no allegation of any THE ARTICLES OP IMPEACHMENT, ETC. 277 conspiracy or agieemenl to use tDtimidatioa *i threats. ANSWER TO ARTICLE V. Aad for answer to the said fifth article, this respoadent denies that on the said 21st day of February, 1868, or at any other time or times in the same year before the said 2d day of March, 1868, or at any prior or subsequent time, at Washington aloresaid, or at any other place, this respondent did unlawfully conspire with the eaid Thomas, or with any other person or per- sons, to prevent or hinder the execution of the eaid act entitled " An act regulating the tenure of certain civil offices," or that, in pursuance of Baid alleged conspiracy, he did unlawfully at- tempt to prevent the said Edwin M. Stanton from holding said office of Secretary for the De- partment of W^ir, or that he-did thereby commit, or that he was thereby guilty of, a higli misde- meanor in office. Res[iondent, protesting that said Stanton was not then and there Secretary for he Department of War, begs leave to refer to his answer given to the fourth article and to his answer given to the first article, as to his in- tent and purpose in issuing the orders for the removal of Mr, Stanton and the auiliority given to the said Thomas, and prays equal benefit therefrom as if the same were here again re- pealed and fully set forth. And this respondent excepts to the sufficiency of the said filth article, and states his ground for such exception, that it is not alleged by what means or by what agreement the said alleged conspiracy was formed or agreed to be carried out, or in what way the same was attempted to be earned out, or what were the acts done in pursuance thereof. ANSWER TO ARTICLE VI. And for answer to the said sixth article, this respondent denies that on the said 21st day of February 1868, at Washington aforesaid, or at any other time or place, he did unlawfully con- spire with the said Thomas by force to seize. take, or possess, the property of the United States in the Department of War, contrary to the provisions of the said acts referred to in the said article, or either of them, or with intent to violate either of them. Respondent, protesting that said Stanton was not then and there Secre- tary for the Department of War, not only denies the said conspiracy as charged, but also denies any unlawful intent in reference to the custody and charge of the property of the United States in the said Department of War, and again refers to his former answers for a full statement of his intent and purpose in the premises. ANSWER TO ARTICLE VII. And for answer to the said seventh article, respondent denies that on the said 21st day of February, 1868, at Washington aforesaid, or at an;y other time and place, he did unlawfully con- spire with the said Thomas with intent unlaw- fully to seize, take, or possess the property of the United States in the Department of War with intent to violate or disregard the said act in the Baid seventh article referred to, or that he did then and there commit a high misdemeanor in office. Kespondent, protesting that the said Stanton was not then and there Secretary for the B Uepariiiienr ui Wat Again refers to his formef answers, in so far as tney are applicable, to show the intent with which he proceeded in the prem- ises, and prays equal benefit therefrom as if tho same were here again fully repeated. Respond- ent further takes exception to the sufficiency of the allegations of this article as to the conspiracy alleged, upon the same grounds as stated in the exception set forth in his answer to said article fourth. ANSWER TO ARTICLE VIII. And for answer to the said eighth article, this respondent denies that on the 21st day of Feb- ruary, 1868, at Washington aforesaid, or at any other time and place, he did issue and deliver to the said Thomas the said letter of authority set forth in the said eighth article, with the intent unlawfully to control the disbursements of the money appropriated for the military service and for the Department of War. This respondent, protesting that there was a vacancy in the office of Secretary for the Department of War, admits that he did issue the said letter of authority, and he denies that the same was with any unlawful intent whatever, either to violate the Constitu- tion of the United States or any act of Congress. On the contrary, this respondent again affirms that his sole intent was to vindicate his authority as President of the United States, and by peace- ful means to bring the question of the right of the said Stanton to continue to hold the said office of Secretary of War to a final decision before the Supreme Court of the United States, as has been hereinbefore set forth ; and he prays the same benefit from his answer in the premises as if the same vi^ere here again repeated at length. ANSWER TO ARTICLE IX. And for answer to the said ninth article the res- pondent states that on the said 22d day of Feb- ruary, 1868, the following note was addressed to the said Emory by the private secretary of respondent : ExECUTFVE Mansion, Washinotov, D. C , Februaiy 22, 1868. General: The Piosident directs me to say that he will be pleased to have yoii cal I upon him as early as practicable. Eespectfully and truly, yours, William G. Moore, United Stat>:s Army. General Emory called at the Executive Man- sion according to this request. The object of respondent was to be advised by General Emory, as commander of the department of Washington, what changes had been made in the military affairs of the department. Respondent had been informed that various changes had been made, which in nowise had been brought to his notice or reported to him from the Department of War, or from any other quarter, and desired to ascertain the facts. After the s.iid Emory had explained in detail the changes which had taken place, said Emory called the attention of respondent to a general order which he referred to and which this respondent then sent for.when it was produced. It is as follows : [General Orders No. 17.] Wae Department. Adjutant General's Ofpicb, Washington, March 14, 1867. The following acts of Congress are published tor tho in- formation and government of all concerned: II— PunLic— .No. 8j. An Act making appropriation* for the support of the 278 POLITICAL MANUAL. army foi the year ending June 30, 186S, and for other purposes. Sec. "2. And he. it further enacftul. That tho headquarters cf the Geniral of the iirmy of the United States Bball beat the city of Washington, and all orders and instructions re- latini; to i.iilitary operalioos issued hy the President or Secretary of War shall be i.-sued tliiough the General of the army, and in case of his inability, through the next inrank The General of the army shall not be removed, suspended, or relieved from command or assigned to duty elsewhere than at said lieadiju irters, except at his own reiinest, ■with- out the previous approval of the Senate; and any orders or instructions relating to military operations issued contrary to the reiinircmenis of I his section shall be null and void; and any officer who shall issue orders or instructions con- trary to the provisions of this section shall be deemed guilty of a'misdemeauor in office: and any otficerof the army who afaall transmit, convey, or obey any ordersor instructions so issued contrary to the provisions of this section, knowing that such orders were so i.ssued, shall be liable to impi ison- ni-'ut f r not less tliiin two nor more than twenty years, upon conviction thereof in any court of competent juris- dicliou. Approved March 2, 1867. By order of the Secretary of War: E. D. TOW.VSEND, Assistant Adjutant General. General Emory not only called the attention of respondent to this order, but to the fact that it was in conformity with a section contained in an appropriation act pas.«ed by (!ongress. Res- pondent, after reading the order, observed: "This is not in accordance with the Constitution of the United States, which makes me com- mander-in chief of the array and navy, or of the langaage of the commission which you hold." General Emory then stated that this order had met respondent's approval. Respond- ent then said in reply, in substance, " Am I to understand that the President of the United States cannot give an order hut through the General-ni chief, or General Grant?" General Emory again reiterated the statement that it had met respondent's approval, and that it was the opinion of some of the leading lawyers of the country that this order was constitutional. With some further consideration, respondent then inquired the names of the lawyers who had given the opinion, and he mentioned the names of two. Respondent then said that the object of the law was very evident, referring to the clause in the appropriation act upon wnich the order purported to be based. This, according to respondent's recollection, was the substance of the conversation had with General Emory. Res[)ondent denies that any allegations in the said article of any instructions or declarations given to the said Emory, then or at any other time, contrary to or in addition to what is here- inbefore set forth, are true. Respondent denies that, in said conversation with said Emory, he had any other intent than to express the opinions then given to the said Emory ; nor did he then, or at any time, request or order the said Emory to disob^^y any law or any order issued in conformity with any law, or intend to offer any inducement to the said Emory to violate any law. What this respondent then said to General Emory was simply tlic expression of an opinion which ho then fully believed to be bound, and which he yet believes to be so— and that is, that by the expre.ss provisions of tlie Constitution, this respondent, as President, is made the commander in-chindence he has bad with the President on the suliject. I have had no corresjiondence witli the Presi- dent since the 12th of Autiust last. After the action of the Senate on his alleged reason for 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 dis- charge them without any personal or written communication with the President. No orders hav(! be.cn is--ued I'roin this department in the name of the I'lesident, with my krowledge, and 1 have received no orders from him. Thecorrespondencesent herewith embraces all the correspondence known to me on the suhiect CORRESPONDENCE BETWEEN GRANT AND JOHNSON* 283 referred to in the resolution of the House of Representatives. I have the honor to be, sir, with great respect, your obedient servant, Edwin M. Stak-^on, Secretary of Wai . Hon. ScHUYLSB Colfax, Speaker of the House of Representatives. 1. geneei.l grant to the president. Headquarters Army of the United States, Washington, January 24, 1868. Sir: I have the honor, very respectfully, to request to have, in writing, the order whicii the President gave tne verbally on Sunday, the 19th instant, to disregard the orders of the Hon. E. M. Stanton, as Secretary of War, until I knew, from the President himself, that tliey were his orders. I have the honor to be, very respectfully, your obedient servant, U. S. Grant, General. His Excellency A. Johnson, President of the United States. 2. — general grant to the president. Headquarters Army of the United States, Washington, D. C, January 28, 1868. Sir: On the 24th instant, I requested you to give me in writing the instructions which you had previously given me verbally, not to obey any order from Hon. E. M. Stanton, Secretary of War, unless I knew that it came from yourself. To this written request I received a message that has left doubt in my mind of your inten- tions. 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. I am compelled to ask these instructions in writing, in consequence of the many and gross misre[)resentations affecting my personal honor, circulated through the press for the last fort- night, purporting to come from the President, of conversations which occurred either with the President privately in his office, 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 after I assumed the duties of Secre- tary of War ad interim, the President asked me ray views as to the course Mr. Stanton would have to pursue, in case the Senate should not concur in his suspension, to obt-ain possession of his office. My reply was, in substance, that Mr. Stanton would have to appeal to the courts to reinstate him, illustrating my position by citing the ground I had taken in the case of the Balti- more police commissioners. In that case I did not doubt the technical right of Governor Swann to remove the old com- missioners and to appoint their successors. As the old commissioners refused to give up, how- ever, I contended that no resource was left but to appeal to the courts. Finding that the President was de.sirous of keeping Mr. Stanton out of office, whether sus- tained in the suspension or not, I stated that I had not looked particularly into the tenure of office bill, but that what I had stated was a general principle, and if I should change my mind in this particular case J would inform him of the fact. Subsequently, on reading the tenure of office b.'U closely, I found that I could not, without violation of the law, refuse to vacate the office of Secretary of War the moment Mr. Stanton was reinstated by the Senate, even though the President should order me to retain it, which he never did. Taking this view of tlie subject, and learning on Saturday, the 11th instant, that the Senate had taken up the subject of 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 purpose of making this decision known, and did so make it known. In doing this I fulfilled the promise made ia our last preceding conversation on the subject. The President, however, instead of accepting mv view of the requirements of the tenure of office bill, contended that he had suspended Mr. Stanton under the authority given by the Con- stitution, and that the same autliorit}'' did not preclude liim from reporting, as an act of court- esy, his reasons for the suspension to the Senate. That, having appointed me under the authority given by the Constitution, and not under any act of Congress, I could not be governed by the act. I stated that the law was binding on me, constitutional or not. until set aside by the proper tribunal. An hour or more was con- sumed, each reiterating his views on tliis subject, until, getting late, the President said he would see me again. I did not agree to call again on Monday, nor at any other definite time, nor was I sent for by the President until the following Tuesday. I From the Ilth to the cabinet meeting on the 14th instant, a doubt never entered my mind about the President's fully understanding my position, namely, that if the Senate refused to concur in the suspension of Mr. Stanton, my powers as Secretary of War ad intervn would cease, and Mr. Stanton's right to resume at once the functions of his office would under the law be indisputable, and I acted accordingly. With Mr. Stanton I iuid no communication, direct nor indirect, on the subject of his reinstatement, dur- ing his suspension. I knew it had been recommended to the Pres- ident to send in the name of Governor Cox, of Ohio, for Secretary of War, and thus save all embarrassment — a proposition that I sincerely hoped he would entertain favorably ; General Sherman seeing the President at my [larticular request to urge this, on the 13th instant. On Tuesday, (the day Mr. Stanton re-entered the office of the Secretary of War,) General Corn- stock, who had carried my official l-tter an- nouncing that, with Mr. Stanton's reinstatement by the Senate, I had ceased to be Secretary of War ad interim, and who saw the President open and read the communication, brought back to me from the President a message that he wanted to see me that day at the cabinet meet- 284 POLITICAL MANUAL. ing, after I had made known the fact that I was no longer Secretary of War ad interim. At this meeting, after opening it as though I were a member of the cabinet, wlien reminded of the notification already ^iven him that I was no lunger 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 liad agreed to hold on to tlie office of Secretary of War until displaced by the courts, or resign, so as to place the President where he would have been had I never accepted the office. After liearing the President througli, I stated our conversa- tions substantially as given in this letter. I will add that my conversation before the cabi- net unbraced other matter not pertinent here, and is therefore left out. I in nowise admitted the correctness of the President's statement of our conversations, though, to soften the evident contradiction my statement gave, I said (alluding to our first con- versation on the subject) the President miglit have understood me the way he said, namely, that I had [iromised to resign if I did not resist the reinstatement. I made no such promise. I have the honor to be, very respectfully, your obedient servant, U. S. Grant, Oeneral. His Excellency A. JoHSSOX, President of the United States. No. 3. ENDORSEMENT OF THE PRESIDENT ON OENERAL grant's NOTE OF JANUARY 24, 1868. January 29, 1868. As requested in this communication. 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 tlie General commanding the armies of the United States to have been authorized by the Executive. Andrew Johnson. No. 4. general GRANT TO THE PRESIDENT. Head(JU.\rters Army of the United States, Washington, January 30. 1868. $IR: I have tiie honor to acknowledge the return of my note of the 24th instant, with your endorsement tiiereon, tliat I am not to obey any order from the War Department assumed to be issued by the direction of the President, unless euch order is known by me to have been author- ized by the Executive; and in reply thereto to 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 iiis practice under the law and the customs of th-^ di^pariment. While this au- thority to the War Department is not counter- manded, it will be satisfactory evidence to me that any or, .. ^ Andiiew Johnson. General U. S. Grant, Commanding U. S Armies. no. 6. — general grant to the president. Headq'rs Army of the United States, Washington, February 3, 1868. SiE: I have the honor to acknowledge the receipt of your communication of the 31st ultimo, in answer to mine of the 28lh 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 your statement and that of tlie members of your cabinet therein named, I find it to be but a reiteration, only somewhat more in detail, of the "many and gross misrepresentations" contained in these articles, and winch my statement of the facts set forth in my letter of 28th ultimo wa,s 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 notwithstanding. I confess my surprise that the cabinet officers referred to should so greatly misapprehend the facts in tlie matter of admissions alleged to have been made b)' 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 tiie accuracy, as j'ou affirm they do, of your account of what occurred at that meeting. You know that we parted on Saturday, the 11th ultimo, without any promise on my part, 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, or, declining to do 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 prouises alleged by you to nave been made by me would have in- volved a resistance to law, and an inconsistency with the wliole history of my connection witn 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 m}^ 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 r?i- terim, and not for the jturpose 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, a? 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 agreealjle 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 15th ultimo, in presence of General Sher- man, I stated to you that I thought Mr. Stanton 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, t..id on the 19th I 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 understood from him, in a conversation on the subject 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, wliich 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 question in ray 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 api^rehended on his first removal might fol'ow. The course 5"ou 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 fully understood, was in accordance with In'w, and not in disobedience of any orders of my s iperior. CORRESPONDENCE BETWEEN GKANT AND JOHNSON 287 And now, Mr. President, when ray honor as a soldier and integrity as a man have been so violently aspailed, pardon me for saying tliat I can but regard this whole matter, from the be- ginning to tlie end, as an attempt to involve me in the resistance of law, for which you hesitated to assume the responsibility in orders, and thus to destroy my character before the country. I am in a measure conBrmed in this conclusion by your recent orders directing me to disobey orders from the Secretary of War — my superior and your subordinate — without having counter- manded his authority to iseue 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, very respectfully, your obedient servant, U. S. Grant, Gejieral. His Excellency A. Johnson, Fresiderit of the United States. no. 7. — the president to general grant. Executive Mansion, February 10, 1868. General : 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 rne to take this mode of giving, as a proper se- quel to the communications which have passed between us, the statements of the five members of the cabinet who were present on the occasion of our conversation on the I4th ultimo. Copies of the letters, which they have addressed to me upon the subject, are accordingly trerewith 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, further assertion or denial between the immedi- ate parties should cease, especially where, upon either side, it loses the character of tlie respectful discussion wliich is required by the relations in which the parties stand to eacli other, and de- generates in tone and temper. In suoli a case, if there is nothing to rely upon but tlie opposing statements, conclusions must be drawn from those statements alone, and from whatever in- trinsic probabilities they afford 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 wert' five cabinet officers present at the conver- Bation, the detail of which, in my letter of the 28th ultimo, you allow yourself to say, contains "many and gross misrepresentations." These gentlerasn heard that conversation and have read m^ statement. They speak for themselves, and I leave the proof without u word of com- ment. I deem it proper, before concluding this com- munication, to notice some of the statementa 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 law, and an inconsistency with the whole history of my connection with the suspension of Mr. Stan- ton." You then state that you had fears the President would, on the removal of Mr. Stanton, appoint some one in his place who would em- barrass the army in carrying out the reconstruc- tion acts, and add : " It was to prevent such an appointment that I accepted the office of Secretary of War ad interim, and not for tlie purpose of enabling you to get rid of Mr. Stanton, by my witliholding it from Iilm in opposition to law, or not doing so myself, surrendering it to one wlio would, as the state- ments and assumptions in your communicalion plainly in- dicate was sought." First of all, you here admit that from the very beginningof what you term "the whole history" of your connection with Mr. Stanton's suspen- sion, you intended to circumvent the President. It was to carry out that intent that j^ou accepted the appointment. This was in your mind at the time of your acceptance. It was not, then, in obedience to the order of your superior, as has heretofore been supposed, that you assumed the duties of the office. You knew it was tlie Pre- sident's purpose to prevent Mr. Stanton from re- suming the office of Secretary of War, and you intended to defeat that purpose. You 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 with a mental reservation to frustrate the Presi- dent — it would have been a tacit deception. In the ethics of some persons such a course is allow- able. But you cannot stand even upon that questionable ground. The " history" of your connection witli this transaction, as written by yourself, 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 by yourself in your letter of the 28th ult.: "Sometime after I assumed the duties of Secretary o/ War ad interim, tlio President asked me my views as to the course Mr. Stanton would have to pursue, in case the Senalo should not concur in his suspension, to obtain possession of liis oflice. My reply was, in substance, that Mr. Stanton would have to appeal to the courts to reinstate him, illus- trating my position by citing the ground I bad taken in the case of the Baltimore police commissioners." Now, at that time, as you admit in j^our letter of the 3d instant, you held the office for the very object of defeasing an appeal to the courts. In that letter you 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 ofiice with any on* who would not, by holding it, compel Mr. Stau- 288 POLITICAL MANUAL. ton to resort to the courts. You perfectly un- derstood tliat in this interview "sornftime" ai'ter you accepted the office, the President, not content with your silence, desired an expression of j'our views, and you answered him, that Mr. Stanton "would have to appeal to the courts " If tlie President had reposed confiilence 6c/oreheknew your views, and that confidence iiad been vio- lated, it niiglit have been said he made a nvis- take ; but a violation of contidence reposed after that conversation was no mistake of his, nor of yours. It is the fact only tiiat needs be 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 prevent that course from being carried out. In other words, you («aid 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 course." The excuse }'ou make in a subsequent paragraph of that letter of the 2(3th ultimo, that afterwards you changed your views as to what would be a proper course, has nothing to do witli the point now under consideration. The point is, that before you changed your views you had secretly determined to do the very thing which at last you did — surrender the office to Mr. Stanton. You may have changed your views as to the law, but you certainly did not change your views as to the course you had marked out for your- self from the beg nning. I will onh' 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 uot to be made a party in any legal proceedings. You add : " I am ill u nieiisure confirmed in tliis conclusion by your recent orders directing nie to di8ol)ey orders from the Secre- tary of War, my superi"r and your suliordinate, witliout having countermanded his authority to issue the orders I am to disoliey." On the 24:th 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 they were his orders." On the 29lh, 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." Tliere are some orders which a Secretary of War may issue without the authority of the President ; 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 siiould, therefore, know and understand what they are before giving such "direction." Mr. Stanton states in his letter of the 4th instant, which accompanies the published correspond- ence, that he "has had no correspondence with the President since the 12lh of August last;" and lie further sa3-s, that since he resumed the duties of the office he lias continued to difcharge them "without any personal or written commu- nication with the President;" and he adds: " No orders have been issued from this Dojiart- ment in the name of the President with my 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 his 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 the War Department is not countermanded, it will be satisfactory evidence to me that any orders issued from the War Department by direction of the President are authorized by the E.xecutive." 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 has been a practice in the War Department to issue orders in the name of tho President witliout 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 War Department? If 3fou 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 say to the President, in your letter of the '3d instant, the Secretary of War is " my superior and your subordinate;" and yet you refuse obedience to the superior out of deference to the subordinate. Without further comment upon tlie insubor dinate attitude v/hich you have assumed, I am at a loss to know how you can relieve yourself from obedience to the orders of the President, who is made by the Constitution the Corarnander- in-Chief of the army and navy, and is, there- fore, the official superior, as well of the Gen- eral of the army as of the Secretary of War. Respectfully, yours, Andrew JonssoN. General U. S. Grant, Commanding Armies of the United States, Washington, D. C. Copy of a letter addressed to each of the mem- bers of the cabinet present at the conversation between tho President and General Grant on the ".4th of January, 18G8: CORRESPONDENCE BETWEEN GRANT AND JOHNSON. 289 Executive Mansion, Washington, D. C, February 5, 1868. Sir; The Chronicle of tliis 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 I4th of January, and to request you to state what was said in that conversation. Very respectfully, yours, Andrew Johnson. letter of the secretary of the navy. Washington, D. C., February 5, 1868. Sir : Your note of this date was handed to me this 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. letter of the secretary of the treasury. Treasury Department, February 6, 1868. SiB: 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 Chronicle 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- guage used; but I have no liesitatioa 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 imiiort- ant particulars, accorded with my recollection of it. With great respect, your obedient servant, Hugh MoCulloch. The President. letter of the postmaster general. Post Office Department, Washington, February 6, 1868. Sir: I am in receipt of your letter of the 5th February, calling my attention to the correspond- ence published in the Chronicle, between the President and General Grant, and especially to that part of it which refers to the conversation betv/een the President and General Grant at the cabinet meeting on Tuesday, the I4th of Janu- ary, with a request that I "state what was said in that conversation." In reoly, I have the honor to state that I have lead carefully the correspondence in question, and particularly the letter of the President to General Grant, dated January 31, 1868. The following extract 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 Secretar}' 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 controversy, to put the Presi- dent in the same position with respect to the office 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 if, 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 reyily 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 in 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 caso of Mr. Stanton. General Grant replied that such was the un- derstanding, but that he did not suppose the Senate would 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 had 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 General Grant was under con- sideration. Very respectfully, your obedient servant, Alex. W. Randall, Postmaster General. To the President. letter of the secretary of the interior. Department of the Interior, Washington, D. C, February 0, 1868. Sib : I am in receipt of yours of yesterday, calling my attention to a correspondence be- tween 5'ourself and General Grant, published in the Chronicle newspaper, and especially to that part of said correspondence "which refers to the conversation between the President and General Grant at the cabinet meetin.g on Tuesday, the I4th of January," and requesting me " to state what was said in that conversation." In reply, I submit the following statement: At the cabinet meeting on Tuesday, the I4th of January, 1868, General Grant appeared and took his accustomed seat at the Board. When he had been reached in the order of business, the 290 POLITICAL MANUAL. President asked him, as usual, if he had any- tiling to pre'^ent. In reply, the General, after referring to a note .which he had that morninij addressed to the President, enclosing a copy of llie resolution of the Senate refusing to concur in the rea-^ons for tiie suspension of Mr. Stanton, proceeded to saj' that he regarded his duties as ^secretary of \\'ar ad interim terminated by that resolution, and that he could not lawfully exercise such duties for a moment after the ado[ition of the resolution by the Senate; that the resolution reached him last night, and that this morning he had gone to the War Department, entered the Secretary's room, bolted one door on the iii«ide, locked the other on the outside, de- livered the key to the Adjutant General, and proceeded to the headquarters of the army, and addressed the no'.e above mentioned to the Pres- ident, informing him that he (General Grant) was no longer Secretary of War ad interim. The President expressed great surprise at the course which General Grant had thought proper to pursue, and, addressing himself to the General, proceeded to say, in substance, that he had an- ticipated such action on the part of the Senate, and being very desirous to have the constitu- tionality of the tenure-of-ofEce bill tested, and his right to suspend or remove a member of the cabinet decided by the judicial tribunals of the country, he had some time ago, and shortly after General Grant's appointment as Secretary of War ad interim, asked the General what his action would be in the event that the Senate phould refu'^e to concur in the suspension of Mr. Stanton, and that the General had then agreed either to remain at the head of the War Depart- ment till a decision could be obtained from the court, or resign the office into the hands of the President before the case was acted upon by the Senate, so as to place the President in the same situation he occupied at the time of his (Grant's) appointment. "The President further said that the conversa- tion was renewed on the preceding Saturday, at which time he asked the General what he in- tended to do if the Senate should undertake to reinstate Mr. Stanton; in reply to which the General referred to their former conversation upon the same subject, and said you understand my position, and my conduct will be conformable to that understanding; that ho (the General) then expressed a repugnance to being made a partv to a judicial proceeding, sajnng, that he would expose himself to fine and imprisonment by doing so, as his continuing to discharge the duties of Secretary of War ad interim, after the Senate should have refused to concur in the sus- pension of Mr. Stanton, would be a violation of the tenure-of office bill ; that in rejdy to this he (the President) informed General Grant he had not suspended Mr. Stanton under the tenureof- office bill, but by virtue of the powers conferred on him by the Constitution; and that as to tiie fine and imprisonment, he (the President) would ]>ay whatever fine was imposed, and submit to whatever imprisonment might be adjudged against him, (the General ;) tiiat they continufd the conversation for some time, discussing the law at length ; and that they finally separated, without having reached a definite conclusion, an't to tiik prksident. ' Headql''r3 Army of the Uxited States, Washington, D.Cia'irwary 11, 1868. His Excellency A. Johnson, President of the United States. Sir: 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 I4th of January. With- out admitting any thing in these statements wliei-e they diffr from anything heretofore stated by me, I propose to notice only that portion of your communication wherein I am chai'ged with in- subordination. I think it will be [>lain to the reader of my letter of the 30th of January, that I did not propose to disobey any legal order of the President, distinctly given ; but only gave an interpretation of what would be regarded as eatisfactory evidence of the President's sanction to orders communicated by tiie Secretary of War. I will say liere that your letter of tiie 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 other 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 furnish escort to public treasure from tlie Pvio Grande to New Orleans, &c., at the request of the Secretary of the Treasury to iiim. I also send two other enclosures, showing 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 the information desired, and where his authority to do so is derived, in my view, as agent of the President. With an order so clearlv ambiguous as that of the President, here referred to, it was my iluty to inform the President of my interpretation of it, and to abide by tliat interpretation until I received other orders. Dischiiming finy 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. tetteb of secretary stanton. War Department, Washington Citt, January 27, 1868. General: The Secretary of the Treasury has requested this department to afford A. F. Ran- dall, special agent of the Treasury Department, Buch military aid as may be necessary to secure and forward for deposit from Brownsville, Texas, to New Orleans, public moneys in pos- session of custom-house 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 at Brownsville to carry into effect the request of the Trenswry Department, the instructions to bo sent by telegraph to Galveston, to the care of A F.Randall, special agent, who is at Galveston waiting telegra[iliic orders, there being no tele- grapliic communication with Brownsville, an(i the necessity for military protection to thft 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 commimicated to the Secretary of the Trea- sury. Yours, truly, Edwin M. Stanton, Secretary of War. To General U. S. Grant, Commanding Army United States. letter or secretary m'culloch. Treasury Department, 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 honor to re- quest that the p)roper 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 military guard to protect such moneys as may be in transitu from the above office for the yuirpose of being deposited to the credit of the Treasury of the United States. As far as we are now ad- vised, such servii'e 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 Commissioner of the General Land Office in the matter. Very respectfully, yo.ir obedient servant, H. iMcCuLLOCH, Secretary of the Treasury. To the Hon. Secretary of War. 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. Schriver, Inspector General. letter of the second assistant postmasteb general Post Office Department, Contract Office, Washington, February 3, 1866. SiB: It has been rej resented to this depart- ment that in (Jctober last a military commission was appoiiited to settle upon some general [ilan of defence for the Texas frontiers, and that the said commission has made a report recommend- ing a lino of posts from the Rio Grande to the Red river. An application is now pending in this depart- LETTERS, PAPERS, TESTIMONY, ETC. 293 xaent for a change ia 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 as to the report of the commission above referred to. Accordingly, I hare 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, if any has been made by the com- mission. Very respectful! j', &c. , &c., George W. McLellan, Second Assista7it Postmaster General. The Honorable tlie Secretary of War. Beferred to the General of the army for report. Edwik M. Stanton, Febedary 3, 1868. Secretary of War. XXVI. LETTERS, PAPERS, TESTIMONY, POLITICO-MILITARY ORDERS, AND REPORT OF GENERAL GRANT.* General Grant's Orders respecting Slaves, issued in the Field. Headquarters D;st. of West Tennessee, Fort Donelson, February 26, 1862. General Orders, No. 14. s I. General Order No. 3, series 1861, from headquarters department of the Missouri, is Btill in force and rausi be observed. The neces- sity of its strict enforcement is made apparent by the numerous applications from citizens for permissson to pass through the camps to look for fugitive slaves. In no case whatever will per- mission be granted to citizens for this purpose. II. All slaves at Fort Donelson at the time of its capture, and all slaves within tlie line of military occupation tliat 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 above indicated are promptly delivered to the chief quartermaster of the district. By order of Brig. Gen. U. S. Grant. Jno. a. Rawlins, A. A. O. Headquarters Dist. of West Tennessee, Corinth, Miss., August 11, 1862. General Orders, No 72. Recent acts of Congress prohibit the army from returning fugitives 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 of the army in this military district in this matter. I. All fugitives thus employed must be regis- tered, the names of the fugitives and claimants given, and must be borne upon morning reports of the command in which they are kept, showing how they are employed. * For other papers of Genenil Grant, seo pages 67, fi8, 120, 121,122, 123 of the Manual of 1866, and 73, 74, and 78 of the Manual of 1867 ; or 67, 68, 120, 121, 122, 123, 199, 200, and 204 of the combiaed 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 as 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 theGovernment. 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 persons to the number required. IV. Citizens within the reach of any military station, known to be disloj'al and dangerous, may be ordered away or arrested, and their crops and stocks taken for the benefit of the Government or 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 practicable, 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. Grant. Jno. a. Rawlins, A. A. Q. Headquarters Depart, of 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 from other troops. It is expected that all cf)mnianders will espe- cially exeit tliemselvesin eaiiyiug out ihejiolicy of the administration, not only in organizing col- ored regiments and rendering tiieni efficient, but also in removing prejudice again'^t tliein. * * By order of iM;.j. Uen. U S. Gkaxt. Jno. a. Rawlins, A. A. G. Headquarters Depaut. of the Tennessee, ViCKSBUEO, Miss., August 10, 1863. Genenil Orders, No. 51. I. At all militnry posts in Slates within the department where slavery has been abolished by the proclamation of the rre.'^ident of the United Statt-s, camps will be established for such freed ]ipii])k' of color as are out of employment. II. Commanders of posts or districts will de- tail suitable ofSceis from the army as siipeiin- teudents of such cauiiis. It will be the duty of such superintendents to see that suitable rations are drawn from the subsistence department for such people as are confided to their care. III. All such per.-ons supported by the Gov- ernment will be employed in every practicable way, so as to avoid, as far as possible, their be- coming a burden upon the Government. They laav be hired to planters, or other citizens, on proper assurances that liie negroes so hired will not be run off beyond the military jurisdiction of the United Stales ; they niay be emploj'ed on any public works ; in gathering crops from abandoned ]ilantations ; and generally in any manner local commnnders ma}' deem for the best interests of the Government, in compliance with law and the policy of the admiuisLration. IV. It will be the duty of the ])rovost mar- shal at every military post to see that every negro within the jurisdiction of the military authority is era|doyed by some white person, or is sent to the camps provided for freed people. V. Citizens may make contracts with freed persons of color for their labor, giving wages per month in money, or employ families of them by 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-tvvfcutieth — of the commercial part of their crofis in payment for such service. VI. Where the negroes are employed under this auihorii}', 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 jirofier care of those employed, and as security ;igainst their being carried be yond the employer's jurisdiction. VII. Nothing in this order is to be construed to embarrass the employment of such colored persons as rnay be required by the Government. By order of Major General U. S. Grant, T. S. Bowers, A.A.A.G. Headquarters Depart, of tue Tennessee, ViCKSBURG, Miss., August 23, 1863. General Orders, No. W. I. Hereafter, negroes will not be allowed in I or about the camps of white troops, except such I as are proj)erly 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. As far as practicable, sucii as have been or may be rejected as recruits for colored regiments by 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 may employ them as servants, but not in greater number than they are entitled to commutation for. IV. Commanders of regiments and detach- ments svill see that all negroes in or about their respective camps, not employed as provided in this order, are collected ami turned over to the provost marshal of the division, post, or army corps to which tUeir regiment or detachment belong'^. V. Provost marshals will keep all negroes thus coming into tlieir iiands from straggling and wandering about until they can be y>ut 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 so. 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 he pressed into service. Certificates given to negroes must siiow how, when, and by whom tliey are employed, and if as officers' ser- vants, that the officer employing them has not a greater number than by law he is entitled to commutation for. By order of Major General U. S. Grant. Jno. a. Rawlins, A. A. O. Letter on Slavery and Reconstruction. ViCKSBURG, Mississippi, August 30, 1863. Hon. E. B. Washburne. Dear Sir: * * * The people of the North need not quarrel over the institution of slavery. What Vice President Stejihens acknowledges the corner-stone 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-ilay, guaran- teeing to the South all fiieir former constitutional jirivileges. I never was an abolitionist, not even what could be called anti-slavery; but I try to judge 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 otl^er except as one nation, and that without slavery. As anxious as I am to see peace estab- lished, I would not, therefore, be willing to see LETTERS, PAPERS, TESTIMONY, ETC. 295 any settlement until this question is forever •.»ttled. Your sincere triend, U. S. Grant. On being a Candidate for Political Office. Nashvillk, Tennessee, January 20, 1864. Hon. I. N. Morris. Dear Sir: Your letter of the 29th of Decem- ber I did not receive until two da3's ago. I re- ceive many such, but do not. answer. Yours, however, is written in such a kindly syjirit, and as you ask for an answer, confidentialh', I will not withhold it. Allow me to say, however, that I am not a politician, never was, and hope never to be, and could not write a political letter. My only desire is to serve the countrv in her present trials. To do tliis efficiently it is necessary to have the confidence of the army and the people. I know no way to better secuie this end than by a faithful performance of my duties. So long as I hold my present fiosition, 1 do not believe that I have the riglit to criticize the policy or orders of those above me, or to give utterance to views of my own e.xcept to the authorities at Washing- ton, through the General in-Cliief of the army. In this resyiect, I know I have proven myself a " good soldier." In your letter you say that I have it in my power to be the next President. This is the last thing in tlie world I desire. I would regard such a consummation as being highlj^ unfortunate for myself, if not for the country. Tlirough Provi- dence I iiave 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 shafie a senti- ment, or the expression of a thought, with a view of being candidate for office. 1 scarcely know the inducement that could bo held out to me to accept office, and unhesitatingly say that I in- finitely prefer my present position to that of any civil office within the gift of the people. Tliis is a private letter to you, not intended for others to see or read, because I want to avoid being heard from by the public exce{it through acts in the performance of my legitimate duties. I have the honor to be, very respectfully, your obedient servant, U. S. Grant. On Results of " Peace on any Terms." Headq'rs Armies of the United States, Ctty Point, Va., August 16, 1864. Hon. E. B. Washbitrne. Dear S:r : I state to all citizens who visit me that all we want now to insure an early restor- ation of the Union, is a determined unity of sentiment North. The rebels have now in their ranks their last man. The little boys 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. They have robbed alike the cradle and the grave to get their present force. Besides what they lose in frequent skirmishes and battles, they are now losing, from desertions and other causes at least one regiment per day. With this drain upon them the end is not far distant if we will only ba true to ourselves. Their only hope now is in a divided Nortli. This miglit give them rein- forcements from T(>tin"'ssee, Kentucky, Alary- land, and Missouri, while it would weaken us. With the dr;ift quietly enforced, the enemv would become despondent and would make but little resistance. I have no doubt but the enemy are exceed- ingly anxious to hold out until after the Presi- dential election. They have man}' hopes from its effects. They hope a counter revolution; they hope the election of a ]ieace candidate; in fact, like Micawber, they hope for something to turn up. Our jieace friends, if they ex[)ect [leace from separation, are much mistaken. It would be but the beginning of war, with thousands of northern men joining the South, because of our disgracein allowingseparation. To have "peace on any terms," the South would demand the restoration of their slaves already freed. They would demand indemnity for losses sustained, and they would demand a treaty which would make the North slave-hunters for the South. Tliey would demand pay or the restoration of every slave escaping to the North. Yours, truly, U. S. Grant. On Filling the Armies. City Point, September 13. 1864, 10.30, a. m. Hon. Edwin M. Stanton, Secretary of War. We 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 make 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 daily, who tell us that the men are nearly uiiiversallj' tired of the war. and that ilesertions would be much more frequent, but that they be- lieve peace will be negotiated after the fall elec- tion. The enforcement of the draft and prompt filling up of our arrnie.*! will save the shedding of blood to an immense degree. U. S. Grant, Lieutenant General. On Protecting Colored Soldiers. Headq'rs Armies of the United States, October 29, 1864. General R. E. Lee, C. S. A., Commandivg Army Northern Virginia. General: Understanding from your letter of the 19th that the colored prisoners v.-l'.o are em- ployed at work in the trenches near Fort Gilmer have been withdrawn, I have directed thf^ with- drawal of the Con. ""ederate prisoners emploj^ed in the Dutch Gap canal. I shall always regret the necessity of retaliat- ing for wrongs done our soldiers; but regard it my duty to protect all persons received into th& 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, or such treatment as they receive will be inflicted upon an equal nuiaber of prisoners held b}' us. I have nothing to do with the dissassioa of 296 POLITICAL MANUAL. the slavery question : therefore decline answer- ing the 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 hamls shall receive the kind- est treatment possible, consistent with securing them, unless I have good authority for believing any number of our men are being treated other- wise. Tlicn, painful as it may he to me, I shall infJict 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, j'our obedient servant, U. S. Grant, Lieutenant General. General Grant's Testimony before the Committee on the Conduct of the War, on Exchange of Prisoners, 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 e.xclfSmge of prisoners, man for man and officer for officer, or his equivalent, according to the old cartel, until one 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 whicli 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. Bat just as 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 j)risoners as fast as they can deliver them. And, I would add, that after I have caused the letters to be answered, I re- fer the letters to Colonel Mulford, the commis- sioner of exchanges, so that he mav elfect special exchanges in those cases wherever he can do so. The Salisbury prisoners will be coming right on. I myself saw Colonel Ilatcli, the assistant com- missioner of exchanges on the part of the South, and he 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 G.OOO a week. But I do not believe he can do that. Their roads are now taxed to their utmost cayiacity for military juirposes, and are becoming less and less efficient every day. Many of the bridges are now down, I merely fixed, as 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 |iiio river. Q. It Las been said that we refused to ex- change prisoners because we found ours starved, diseased, and unserviceable when we received them, and did not like to exchange sound men for such men ? A. Tliere never has been any such reason as that. That has been a reason for making exchanges. I will confess that 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 arm}^ at once, while that is not the case with our prisoners when we receive them. In fact, the half of oar returned prisoners will never go into the army again, and none of them will until after they have had a furlough of thirty or sixty days. Still, the fact of their suffering as they do is a reason for making tliis 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 \i\ 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 enemy 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 Mexico. genekal grant to secretart stanton. Headq'rs Armies 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 our ^Texican 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 State," is received. Also, copy of instructions to Hon. Lewis D. Campbell, minister 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 rejily, copy of which is herewith enclosed. On the 23d 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 ])roposed mission for the following additional reasons, to wit : Now, whilst the army is being reorganized, and troops distributed as fast as organized, my duties require me to keep witliin telegraphic 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 tha LETTERS, PAPERS, TESTIMONY, ETC. 297 departments commanded by Generals Sheridan and Hancock, the command of the latter being embraced in the military division under Lieu- tenant General Sherman, three officers in whom the entire country has unhounded confidence. Either of these general officers can be in- structed to accompany the American minister to the 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- municate 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 be^'ond 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 he excused from un- dertaking a duty so foreign to my office and tastes as that contemplated. U. S. Grant, General. Hon. E. M. Stanton, Secretary of War. General Grant and the Baltimore Troubles of October, 1866. 1. — qeneeal grant to president johnson. Headq,'rs Armies of the United States, Washington, October 24, 1866. His Excellency A. Johnson, President of the United States. I have the honor to enclose to you the within report from General Canby, commander of this military 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 liie State of Mary- land, instructions, also verbal, to proceed to Baltimore in person, to ascertain as nearly as he could the cause which threatened to lead to riot and bloodshed. The report submitted is given in pursuance of these instructions. Since the rendition of General Cauby'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- ment 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- rection 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 for calling in the aid of the military in advance of even tlie cause, (the removal of said commis- Bioners,) which is to induce riot. The conviction is forced on my mind that no reason now exists for giving or promising the military aid of the government to support the laws of Maryland. The tendency of giving such aid or promise would be to produce the very re- sult intended to be averted. So far there seema 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 iiope never to see arise in this country, while I occupy t.h« position of general- in-chief of the army, to have to send troops into a State, 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 stations; to which General Grant replied, on the 27th, giving them. November 1, President directed Secretary Stan- ton : " In view of tlie 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. Sir: 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 Johusok. Hon Edwin M. Stanton, Secretary of War. Same day. General Grant sent this telegram to General Canby : General E. R. S. Canby, Comm'g I)e2:>art. of Washington. Enclosed I send you orders just received from the President of the United States. They fully explain themselves. As commander of the mili- tary department inclading the State of Mary- 298 POLITICAL MANUAL land, you will take immediate steps for carrying them into execution. Tliere are now six or eii;lit companies of infantry ready organized in New York that liave i'leen ordered to Baltimore, on their way to their regiments hero in Washington and in Virginia. Eitlier visit Baltimore or send a staif officer tliere to stop these troops at Fort McHenry until further 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 to take a regiment all at once, thej'' will be practically as near Baltimore here as if in camp a few miles 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 Baltimore in person and to remain there until the threatened difficulties have passed over. Proper discretion will no doubt go further towards preventing conflict than force. U. S. Geaxt, General. P. S. — The 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 copy of the President's in- structions was sent to General Canby. November 5 — General Grant reported as fol- lows: Headq,'e3 Armies of the United States, Baltimoee, Md., November 5, 1866. Secretary Stanton, Washinrjton, 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 -o the harmonizing of par- ties are now pending. U. S. Gkant, General. General Grant on Martial Law in Texas. Headquarters Armies United States, January 29, 1867. RespectfuU_y forwarded to the Secretary of War.* Attention is invited to that part of the within communication which refers to the con- dition of Union men and freedmen in Texas, and to the powerlessness of the militar}' in the pres- ent state of afifairs to afford them protection. Even the moral effect of the presence of troops is passing away, and a few days ago a squad of soldiers on duty was fired on by citizens in Brownsville, Texas ; a report of which is this • Tliis is the report referred to : IIkatiqcartf.rs Department of the Gulf, New Uhlbans, IiK, Januiirii 25, 1867. General: TVio conditiou of freodiiien uii'l Union men in remote parts of Texas is truly horrible. The Goveniinent is denounced, tlio freedmen are shot, and Union men are persecuted if they have the temerity to express their opinion. This condition exists in the northeastern counties of the 8tat« to an alariiiinj; extent. Appl f^ations c(jnie to nie from the most respectable au- thorities for troops, but troops have so little power thiit they are Kufticieut only in the moral effect wliicli their presence li«8. •••*»• I am, General, very respectfully, y^mr obedient servant, P. 11. SlIF.RinAN, Major General United Slates Army. General U. S. Grant, Commatiding Armies of the. IT. S., WashingUm, D. C. day forwarded. In my opinion tlie groat num- ber of murders of Union men and freedmen in Texas, not only as a rule unpunished, but unin- vestigated, constitute jiradically a state of in- surrection, and belifiving it to be the province and duty of every good tjovernmont to afi'ord protection to the lives, liberty, and proy^erty of her citizens, I would recommend the declaration of martial law in Texas to secure these ends. Tlie necessity for governing any portion of our territory by martini law is to be deplored. If resorted to, it should be linv'ed in its au- thority, and should leave all local authorities and civil triluinals free and unobstructed, until they prove their inefficiency or unwillingness to perform their duties Martial law would give security, or compara- tively so, to all classes of citizens, without re- gard to race, color, or political opinions, and could be continued until society was capable of protecting itsolf, or until the State is returned to its full relation with the Union. The ajiplication of martial law to one of these States would be a warning to all, and, if neces- sary, could be extended to others. U. S. Grant, General. No action was had by the civil authorities upon the foregoing recommendation. General Grant's Testimony before the House Committee on the Judiciary, July 18, 1367. By Mr. Eldridge: Q At what time were you made general of the army by your present title? A. In July, 1866. Q. Did you after that time have interviews with the President in reference to the condition of affairs in the rebel States? A. I have seen the President very frequently on the subject, and have heard him express his views very fre- quently ; but I cannot call to mind any special interview. I have been called to cabinet meet- ings 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 in which, as General of the army, I would be inter- ested. Q. Did j'ou have any interviews with him on the subject of granting amnesty or pardon to the officers of the Confederate army, or to the people of those States? A. Not that I am aware of. I have occasionally recommended a person for amnesty. I do ' not recollect any special interview that I have had on the subject. I recollect speaking to him once or twice about the time that he issued his proclamation. I thought myself at that time that there was no reason why, because a person had risen to the rank of general, he should be excluded from amnesty any more than one who had failed to reach that rank. I thought his proclamation all right so far as it excluded graduates from West Point or from the Naval Academy, or per- sons connected with the government, who had gone into the rebellion ; but I did not see any rea.son why a volunteer who happened to rise to the rank of general should be excluded any more than a colonel. I recollect speaking on that point. Neither did I see much reason for LETTERS, PAPERS, TESTIMONY, ETC. 299 the twenhy-thouoand-dollar clause. These are the only two points that I remember to have spoken of at the time. 1 afterwards, liowever, told him that I thought he was much nearer right oa the tweuty-thousand dollar clause ihan I was. ^. Do you recollect, when you liad that in- terview with him, when you expressed those opinions? A. About the time of the proclama- tion. Q. Did the President, previous to issuing that proclamation, ask your opinion on tiie various points of it? A. I do not recollect. I know that I was present when it was I'ead, before it was issued. I do not think that I was asked my views at all. I had the privilege, of course, being there, to express ray views Q. Was not that tlie purpose of your attend- ance — to get your views on the subject? A. I cannot say that it was. About tliat time I was frequently asked to be present at cabinet meet- ings. Q. Were there other subjects discussed before you at the meetings referred to ? A. Yes, sir. Whenever I was there all the subjects that were up that day were discussed. Q. I speak of that time. A. I imagine not. My recollection is that it was solely to liear the proclamation read; but I would not be positive as to that. It is my recollection. Q. Did you give your opinion to tlie President that it would be better at that time to issue a proclamation of general amnesty ? A. No, sir ; I never gave any such opinion as that. By gen- eral amnesty I mean universal amnesty. Q. Did you give j'our opinion to tlie President that his [iroclamation interfered witli the stipu- lations between 3'ourself and General Lee? A. No, sir. I frequently had to intercede i'or Gen- eral Lee and otlier paroled officers, on the ground that their [larole, so long as tliey obeyed the laws of the United States, protected them from arrest and ti-ial. The President at tliat time occupied exactly the reverse grounds, viz., that the}' should be tried and punished. He wanted to know wlien the time would come that they should be pun- ished. I told liini, not so long as they obeyed the laws and complied with the stipulation. That wag the ground that I took. Q. Did you not also insist that that applied as well to the common soldiers? A. Of course it applied to every one who took the parole; but that matter was not canvassed except in case of Fome of the leaders. I claimed tliat, in surren- dering tlieir armies and arms, they iiad done what they could not all of them have been com- pelled to do, as a portion of them could have escaped. But they surrendered in consideration of the fact that tbey were to be exempt from trial so long as they conformed to the obligations which they had taken ; and they were entitled to that. Q. You looked on that in the nature of a parole, and held that tliey could only be tried when they violated that parole? A. Yes; that was the view I took of the question. Q. That is your view still? A. Yes, sir, un- questionably. Q. Did you understand that to apply to Gen- eral Lee? A. Certainly. Q. That was your understanding of the ar- rangement which you made with General Lee? A. That was my understanding of an arrange- ment wliicli I gave voluntarily. General Lee's army was the first to surrender, and I believed that with such terms all the rebel armies would surrender, and that we would tlius avoid bush- whacking and a continuation of the war in a way that we could make very little progress with, liaving no organized armies to meet. Q. You consiilered that the like terms were given by General Sherman to the armies which surrendered to him? A. Yes, sir; to all the armies that surrendered after tliat. Q. And you held that so long as they kept their parole of honor and obeyed the laws they 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 lie entertained. Q. Did you give those views to the President? A. I have stated those views to the President frequently, and, as I have said, he disagreed with me in tho^e views. He insisted on it that the leaders must be punished, and wanted to know when the time would come that those persons could be tried. I told him, when they violated their parole Q. Did you consider that that applied to Jef- ferson Davis? A. No, sir; he did not take any parole. Q. He did not surrender? No, sir. It applied to no person who was captured — only to those who weie paroled. Q. Did the President insist that General Lee sliould be tried for treason ? A. He contended for it. Q. And you claimed to him that the parole which General Lee had given would be violated in such trial? A. I did. I insisted on it that General Lee would not have surrendered his army, and given up all their arms, if he had supposed that after surrender he was going to be tried for treason and hanged. I thought we got a ver}- gooii equivalent for the lives of a few leaders in getting all their arms and getting themselves under control, bound by their oaths to obey the laws. That was the consideratioQ which, I insisted upon, we had received. Q. Did the President argue that question with you? A. There was not much argument about it ; it was merely assertion. Q. After you had expressed your opinion upon it did he coincide with you? A. No, sir; not then. He afterwards got to agreeing with me on that subject. I never claimed that the parole gave tho.se prisoners any political rights whatever. I thought that that was a matter entirely with Congress, over which I had no control; that, simplj', as general-inchief commanding the ar- my, I had a right to stipulate for the surrender on terms which protected their lives. That is all I claimed. The parole gave them protection and exemption from j^unishment for all offences not in violation of the rules of civilized warfare, so long as their parole was kept. Q. Do you recollect at what time you had 800 POLITICAL MANUAL. those conversations? Can you state any par- ticular time, or up to any particular tirae, when they were finished? A. The conver- sations were frequent after the inauguration of Mr. Johnson. I cannot give the time. He seemed to he anxious to get at tlie leaders to pun- ish tliem. He would say that the leaders of the rebellion must be punished, and that treason must be made odious. He cared nothing for the men in the ranks — the common men. He would let them go, for the}' were led into it by tlie leaders. Q. Was that said to you in conversation? A. I have heard him say it a number of times. He said it to me, and he said it in my presence at the time tliat delegations were coming up to him from the South. Q. What persons do you recollect as being present at chose conversations — I mean what southern men ? A. I did not know tliem at all. I recollect that on one occasion he talked to a delegation from Richmond in that way.* I do ■flot know any of their names. Q. Was that prior or subsequent to his proc- lamation ? A. it was subsequent, I think. Q. Do you recollect at any time urging the I resident to go further in granting amnesty than hehad gonein his proclamation ? A. Justaslsaid before, I could not see any reason why the fact of a volunteer rising to the rank of general should exclude him any more than any other grade. And with reference to the twenty-thousand-dol- lar clause, I thought that a man's success in this world was no reason for iiis being excluded from amnesty; but I recollect afterwards saying to the President that I thought he was riglitin that particular, and I was wrong. In reference to the other, I never changed my views. If he was going to give amnesty to a soldier at all, I did not see wliy the fact of a man's having risen to the rank of a general should be reason for ex- cluding him. Q. Did you not advise the President that it was proper and riglit he should grant amnesty ? A. I do not think I said anything on that sub- ject. I only looked at the proclamation as one which he was determined to issue, and as a thing susceptible to amendment or improve- ment. Q. Did you not give your opinion at all that amnesty ought to be granted to those people to any extent? A. I know tliat I was in favor of some proclamation of the sort, and perhaps I may have said so. It was necessary to do some- thing to establish governments and civil law there. I wanted to see that done, but I do not think [ ever j retended to dictate what ought to hf donf,. Q. Did you not advise? A. I do not think I ever diil. I have given my opinions, perhaps, as to what has been dnne, but I do not think I advised any course myself any more than that I was very anxious to see something done to restore, civil governments in those States. Q. Did you not give your opinion at all to the President a-< to wliat should be done? A. I do not think I did. After matters were done, I was willing to ext)ress an opinion for or against particular clauses. • See i.agfB 47, 48 of the Miiiiual for 1866. Q. I suppose the President called on you for advice on those questions? A. I say I was in favor, and so expresse^^ myself, of sometliing being done to restore civil rule there imm;di- ately, as near as it could be done under the circumstances. Q. Did you suggest anything ? A. No, sir. By Mr. Woodbridge : Q. I understand your position to be this: that you did not assume to originate or inaugurate any policy ; but that when any question came uj>, and your opinion was asked as to what the President 'vas going to do or had done, you gave an opinica ? A. 'ihat was it, exactly ; and I presumed the whole com- mittee so understood me. I have always been attentive to niy own duties, and tried not to in- terfere with other people's. I was always ready to originate matters pertaining to the army, but I never was willing to originate m«>.t'ter8 per- taining to the civil government of the United Stales. When I was asked my opinion about what liad been done, I was willing to give it. I originated no plan and suggested no plan for civil government. I only gave my views on measures after they had been originated. I simply expressed an anxiety that something should be done to give some sort of control down tliere. There were no governments there when the war was over, and I wanted to see somo governments established, and wanted to see it done quickly. I did not pretend to say how it should be done, or in what form. By Mr. Eldridge : Q. I confined my qustiona entirely to war and peace. In expressing the opinion that something ought to be done and done quickly, did you make a suggestion of wiiat ought to be done? A. No, sir. I will state here that, before Mr. Lincoln's assassina- tion, the question about issuing a proclamation of some sort, and establishing some sort of civil government there, was up; and what was done then was continued after Mr. Johnson came into ofSce. Q. Did you give j'our opinion on that after it was done? A. I was present, I think, twice during Mr. Lincoln's ailministration, when a proclamation which had been prepared was read. After his assassination it continued right along, and I was there with Mr. Johnson. Q. Did you give President Jolinson your opinion on the subject of the proclamation, which you say was up before Mr. Lincoln's death, and was continued afterwards? A. I say I have given my opinion on particular passages of it. Q. Tell us what conversations you had with President Johnson on the subject, so far as you can recollect it ? A. I have stated once or twice that, so far as I can recollect, I disagreed with two clauses of the proclamation. As to tlie plan of establisliing jirovisional governors tliere, that was a question which I knew nothing about, and wliich I do not recollect having expressed an opinion about. The only opinion I recollect liaving expressed on that subject at all was to the Secretary of War. I thought there would be some difficulty in getting people down there to accept offices, hut I found afterwards they were ready enough to take them. By the Chairman; Q. If I understand you LETTERS, PAPERS, TESTIMONY, ETC. 801 correctly, the onlj' opinion that you expressed, and the onlj' advice that you gave, were in reference to the military side of the question, and not in reference to the civil side? A. No- thing farther than that I was anxious that Bomething should be done to restore some sort of government. Q. But you gave no advice as to what should be done ? A. I gave no advice as to what should be done By Mr. Eldridge : Q. State the conversation that yon had on that subject? A- I have had repeated conversations with the President, but I cannot specify what those conversations were any more than I have already done. Q. Did you recommend certain generals of the Confederate army to the President for pardon who fell within the exemptions? A. Yes, sir. I recommended General Longstreet, I think, a year and a half ago ; and although I cannot re- collect the names of anybody else, I think I recommended several others. Q. Do you recollect recommending J. G. French, a graduate of West Point ? A. Yes, sir. Q. What part did he take in the rebellion ? A. He was a brigadier general. Q. Was he a graduate of West Point ? A. He was ; and a class-mate of mine. Q. Do 3'ou recollect recommending the pardon of George H. Stuart? A. Yes, sir. Q. What part did he take in the Confederate service? A. He was a general, and commanded a brigade or division. He took no very con- ej icuous part. Q Was he a graduate of West Point ? A. 1 think so. Q. He was not a class-mate of yours ? A. No, sir ; he came long after me. Q. Was tiiere any special circumstance in his «ase which you considered ? A. Yes, sir. I did that at the instance of General Hunter, and as a special favor to him, and I did it because it affected an inheritance. Stuart's wife was a staunch, consistent Union woman throughout the war, notwithstanding her husband was in the rebel army. I think she never went South. She was as devoted to tiie Union cause as any woman who^e husband was on our side. There was considerable property in Maryland which had not been confiscated, which he inherits, and I thought that his wife and his children were entitled to that property. General Hunter thought so too. My recommendation was not out of any favor to General Stuart. Q. Were those circumstances presented to the President as a reason for the pardon? A. I do not know that they were, and I do not know that they were not. I think I merely signed a recommendation. Q. Did that contain the statement you have given? A. I do not recollect whether it did or not. I do not know that I stated the circum- stances to the President. Q. Do you recollect signing the recommenda- tion of M. D. Ector, a rebel brigadier general ? A. No, sir; I do not recollect there being such a brigadier general in the rebel service. Q. The report in the House is that he was pardoned on the lecommendatioa of Lieutenant General Grant and John Hancock. A. I do not recollect any sucii person as John Hancock, or the general named. Q. Do you recollect ——^— Lloyd J. Dean? (Beall?) A. Yes, sir. Q. Did you sign a recommendation, or make an application to the President for his pardon ? A. 1 do not think that the record will show that I recommended his pardon, but I am not sure as to that. I know that he sent his application through me, with the request that I should for- ward it to the President with some endorsement. My recollection is that I made an endorsement as to his general character, which was a.s high, up to the breaking out of the rebellion, as any man's could be. Q. Were you acquainted with him previous to the breaking out of the rebellion? A. Oh, yes, sir, for many years. I do not think that I recom- mended him, but still I may have done so. My recollection is that I simply endorsed his char- acter on the application. The application was to the President, but sent through me. Q. Do you recollect P. D. Roddy, said to be a rebel brigadier general '' A. Yes, sir. I do not recollect what my endorsement was in Roddy's case, but I know that if I had it to do over again I would recommend his pardon very quickly, and I presume I did so. If he is not pardoned yet, I would be very glad to sign a recommend- ation for him now. Q. Do you recollect any other officers of the rebel army who were recommended to the Pres- ident for pardon by you? A. No, sir; I cannot mention any. You have already gone over a bigger list than I thouglit I recommended. Q. Do you recollect the case of General Pick- ett? A. I know that I was urged in that case over and over again, and I can send you from the office exactly what I did in the matter. Q. Did you sign a recommendation in his case? A. 1 do not think I did. I recollect receiving letter after letter from him, and letters were sent to me time and again on his behalf. He was specially uneasy lest he would be tried by a military commission on account of some men who were executed in North Carolina. Q. Do you recollect talking to the President about him? A. I do not recollect ever mention- ing his name to the President. I will furnish whatever is in my office about him. I received one appeal after another, not only from Pickett himself and his relatives, but from officers in the army who knew him very well and favorably prior to the war. Q. Do you know whether he has been par- doned yet? A. I do not know. Q. State what the circumstances of his case were, and whether you are in favor of his par- don. A. I was not in favor of his pardon. I was not in favor, however, of his being tried by a militarj' commission. I think that his great anxiety was to receive some assurance that he would not be taken up and imprisoned for of- fences alleged against him as commander in North Carolina. He wanted to be able to go to work and make a living. It is likely I may have recommended that he be given assurance that he would not be arrested and imprisoned. I do not think that I ever, under any circum- 302 POLITICAL MANUAL. Btances, signed a recommendalion for his pardon. You have no right to ask what my opinion is now. Q. Was he an active rebel officer? A. Yes, sir. He was charged with e.xecuting a number of North Carohna refugees who were captured with a garrison under General We«sels in North Carolina. Tiiose men had gone there to evade the rebel con. I186T. Brevet Major General E. 0. C. Ord, Commanding the Fourik District. General : A copy of your final insbruGtitaaa tO' baards of re^stration of June 10;,, 1867, ia 312 POLITICAL MANUAL. just received. I entirely dissent from the views contained in jiaragraph four. Your view as to the duty of registrars to register every man who will take the required oath, though they may know the applicant perjures himself, is sus- tained by the views of the Attorney General. My opinion is, that it is the duty of the board of registration to see, so far as it lies in their power, that no unauthorized person is allowed to register. To secure this end, registrars should be allowed to administer oaths and examine witnesses. The law, however, makes district commanders their own interpreters of their power and duty under it, and, in my opinion, the Attorney General or myself can do no more than give our opinion as to the meaning of the law ; neither can enforce his views against the judgment of those made responsible for the faithful execution of the law, the district com- manders. Very respectfully, your obedient servant, U. S. Geant, General. 20. — qeneeal oeant to gejteral pope. Headq'es Aemt of the United States, Washijigton, D. C., August 3, 1867. Dear General : Your official letter on the Bubject of reconstruction in the third district, and your private letter accomyianying it, are received, and I have read both with care. I think your views are sound, both in the con- etruction which you give to the laws of Congress and the duties of the supporters of good gov- ernment, to see that, when reconstruction is ef- fected, no loop-hole is left open to give trouble and embarrassment hereafter. It is certainly the duty of district commanders to study what the framers of the reconstruction laws wanted to express, as much as what they do express, and to execute the law according to that interpreta- tion. This, I believe, they have generally done, and, so far, have the approval of all who ap- prove the ■congressional plan of reconstruction. * * * * Very truly, yours, U. S. Grant, General. Brevet Major General Jno. Pope, CommanrRng Third Mil. Dut., Atlanta, Ga. 21. — GEXERiL pope TO GENERAL GRANT Gener.il U. S. Geant, Commanding Armies. Shall I publish the order requiring jurors in thie district to take the test-oath as by your in- fctruciions, or on my own authority ? I had just made an order, but, fortunately, not distrib- uted it, to require jurors to be drawn from the iist of registered voters. John Pope, Major General. 22. — SENERlJL GRANT TO GENERAL POPE. Washington, August 14, 1867. Brevet Major General J. Pope, Atlauta, Georgia. Publish th-e jaryorder which you had prepared. The only object in distributing General Griffin's 'Order was to secure a jury system which will .give jirotection to aJ;l.clik66e8. U. iS. Grant, General. 23. — GENERAL GRANT TO PRESIDENT JOHNSON. Washington, D. C., October, 1867. Andrew Johnson, President of the United States, refers letter of Hon. Charles J. Jenkins, of Georgia, dated October 18, 1867, relative to apportionment of delegates to counties, instead of senatorial districts, in State of Georgia. [Endorsement.] Headquarters United States Aemt, October 24, 1807. Respectfully returned to the President of the United States. It seems to me it would have been better to have apportioned delegates to counties instead of senatorial districts in the State of Georgia, but in view of the nearness of the election in that State, (on the 29th inst.,) I do not see how the matter can be corrected now. I have, however, sent the following des- patch to General Pope : Washin'Oton, D. C, October 24, 1867. Major General JouN Pope. Atlanta, Gcoryia. SliiiiiM iKit iiele'j;ate3 to convention in Georgia lie chosen by counties inste.ul of liy senatorial districls, to comply fully with tlie law? Could not ii cliango be made iu your elec- tion order iu time for election iu that State? U. S. Grant, General. 24. — general pope to general GRANT. Atlanta, Georgia, October 25, 186/. General U. S. Grant: If you will examine the returns of registra- tion sent you for Georgia, you will see that th& apportionments cannot be made by counties without giving very unequal representation. The counties are small and numerous, and in many cases two or three would have to be united to make voters enough for one delegate. Please try and make the apportionment by counties, and you will see that it is not p>rac- ticable. I tried it for two days. The districts are precisely as they were established by State laws, and on examination you will find that the apportionment is based precisely on voters, and is in all respects the fairest that could be made on tlie basis of registered voters. It is too late DOW to change, and certainly no man in Georgia can complain because I have taken the districts established by State laws. I wrote you fully on the subject day before yesterday. My purpose was to make as little change as possilde in local divisions in the State known and recognized by State laws. You will receive my letter to-mor- row. I send to-day a map of Georgia, with number of registered voters for each county written on face of county. Please see if it be possible to make fairer apportionment than we have done. John Pope, Bvt. Major General. 25. — GENERAL GRANT TO GENERAL POPE. IlEADa'RS Army of the United States, Washington, D.C, October 30, 1867. General: Your reply to my letter suggesting a revocation of your order suspending State aid to the Georgia University, or rather your reply to B. II. Hill (and others') apjdication lor such revocation, is received. I am abundantlv satis- fied myself with your explanation and hope ni» more will be heard about it. But your reply LETTERS, PAPERS, TESTIMONY, ETC. 313 •which I real to the President and cabinet, was sent for last evening, and may result in some letter, suggestion, or opinion. lu your Iptter you say that the subject of the Georgia University controversy wiii be submit- ted to the convention. I would advise that you submit nothing to it officially except the laws of Congress authorizing the convention and de- fining its duties. A convention is a sort of original body to enact laws, or rather to frame restriction.-^ and to establish powers within which legislative bodies may act. Under such circum- stances, it would seem out of place for any au- thority to submit questions to such conventions as are now being elected in the military districts. Yours, truly, U- S. Geant, General. Bvt. Maj. Gen. John Pope, Com. Third Mil. Dist. 26. — GENERAL GRANT TO GENERAL POPE. Washington, December 23, 1867. Bvt. Maj. Gen. John Pope, Atlanta, Ga. • The constitutions adopted by the conventions now in session are not the law of the States until submitted to the people and ratified by them. I do not see, therefore, how you can en- force laws enacted by them until so ratified. U. S. Grant, General. 27. — GENERAL GRANT TO GENERAL POPE. Atlanta, Georgia, December 27, 1867. General John Pope, commanding third district, relative to refusal of State treasurer, John Jones, of Georgia, to pay the members of convention in Georgia. — [Endoreement.] Headq'rs of the Army United States, January 6, 1868. Respectfully returned. The convention is authorized by act of Congress passed March 23, 1867, supplementary to an act entitled "An act to provide for the more efficient government of the rebel States," of March 2, 1867, to levy upon and collect a sufficient amount of taxes on the property of the State as was necessary to pay the expenses of the same. The ordinance passed by the convention for the purpose, and tlie order of the military commander to the State treasurer endorsed thereon, is in conformity to the letter and spirit of said acts and the acts supplement- ary thereto, of July 19, 1867. The government, under the constitution of the State of Georgia, adopted in 1865, which said treasurer sets up as a bar to his compliance with said ordinance, is by the said acts of Congress specifically declared, with the governments of other States lately in rebellion, therein named, to be "not legal State governments ; and that thereafter, said govern- ments, if continued, were to be continued sub- ject in all respects to the military commanders of the respective districts and the paramount authority of Congress." Section 11 of said supplemental-)' act of July 19, provides: "That all the provisions of this act and of the acts to which this is supplementary shall be construed liberally, to the end that all the interests thereof may be fully and perfectly carried out." It is clear, from the correspondence between General Pope and the treasurer, that the proper administration of tlie military reconstruction acts requires the removal of said treasurer, and the appointment of some person in his stead, under section 2 of said supplementary act of July 19, who will respect the authority of Con- gress, the orders of military commanders, and the ordinance of the convention under the same. Should the comptroller general of the State, as General Pope seems to fear he may, decline to execute the ordinance of the convention, thea he, too, should be removed. U. S. Grant, General. 28. — general MEADE TO GENERAL GRANT. General U. S. Graht. The passage of ordinances by the convention of Alabama and Georgia enacting stay-laws ia producing great suffering in these States, by causing expedition to be made in making levies, in anticipation of these ordinances having the force of law. Advantage is being taken of the interval of time before these ordinances are laws to hurry levies and executions, thus causing these ordi- nances, intended as measures of relief, to become in reality the means of increasing and greatly aggravating the burden of the people. I am, therefore, inclined to adopt these ordinances as the act of the military authority, and declare them to have force until the question is settled as to the adoption or rejection of the constitution enacting them. I refer to you, because your telegram of December 23 is adverse to enforcing any of the ordinances of the convention prior to the adoption of the constitution, and to ob- tain your approval of my proposed action. Please answer immediately. G. G. Meade, Major General. 29. — general GRANT TO GENERAL MEADE. Washington, January 10, 1868. Major General G. G. Meade, Atlanta. Georgia. As district commander, I think you will be perfectly justifiable in adopting as your own order the stay-laws proposed in the constitutions to be submitted to the people of Alabama and Georgia. This course is different from adopting as law the provisions of the constitutions in ad- vance of their ratification. U. S. Grant, General. 30. — GENERAL MEADE TO GENERAL QBANT. General U. S. Grant. I have had a conference with Governor Jen- kins, and exerted all my influence to induce him to consider the appropriation by the convention as an appropriation made by law and not incon- sistent with the provisions of the Georgia con- stitution, and urged him to sign the warrant required by the treasury. The governor de- clined, and there is no other alternative but the exercise of my power to obtain control of the State treasury. To avoid making any more changes than are required to effect the object, and also the difficulty of finding a suitable per- son, and the question of bonds, I propose to remove only the treasurer, and to assign to the duty Brevet Brigadier General Ruger, with in- structions to continue payments as heretofore, in accordance with the existing laws of the 314 POLITICAL MANUAL. State, and to make such paj'ments to the con- vention as I siiall authorize, checking thus un- necessary r-xi'enonsible. I am pleased to Say that tlie commanders of the five military districts have executed their difficult trust faithfully and without bias from .any judg- ment of their own as to the merit or dement of the law they were executing LETTERS, PAPERS, TESTIMONY, ETC. 315 FIRST MILITARY DISTRICT Comprises the State of Virginia, Brevet Major General J. M. Scliofield cominanding. In as- puming command, the principle was announced by General Schofield that the military power conferred by act of Congress on the district commauder would be used only so far as was necessary to accomplish the purposes for which the power was conferred. The civil government was interfered with only when necessary, and the wisdom. of the policy has been demonstrated by the result. The instances of complaint of the action of the civil courts became exceedingly rare. Still the evil which existed prior to the act of Congress of March 2, 1SG7, though mitigated by the increased efficiency of civil officers, was not removed. It was an evil in the jury system, apparent at all times, and fully developed by the natural antagonism between loyalist and rebel, or the prejudice between white and black, existing throughout the South since the rebellion. The first idea was to admit blacks on juries and pre.-icribe a test of loyalty. But as the require- ment of a unanimous verdict* must give very inadequate protection where strong prejudice of class or caste exists, and as a military change of jury system would be but temporary, it was determined to leave its change to the convention soon to meet, and be content with a system of military commissions. Such commissioners were appointed from officers of the army and Freed- meu's Bureau in the different cities and counties of the State, with powers of justices of the peace, while the State was divided into sub-districts, under commanders whose powers were ultimately increased to those of circuit judges, taking juris- diction only in cases where civil autliorities failed to do justice. The system has given a large measure of protection to all classes of citi- zens, with slight interference with the civil courts. Since the publication of the act of March 23, 1867, all elections have been suspended. Exist- ing State, county, and municipal officers were continued in office. Vacancies have been filled by the district commander. The number of re- movals has been five, and of apjiointments to fill vacancies one hundred and five. In executing the registration a board of officers was first appointed to select registering officers. The selections were made with great care, and the officers so selected have, with few exceptions, done their duty in the most satisfactory manner. Carefully prepared regulations for the boards of registration were issued, being made as specific as possible, so as to secure a uniform rule of dis- franchisement throughout the State. In pre- bcribing them, the district commander was con- trolled by the belief that the law made him responsible for its correct interpretation, as well as its faithful execution. The results of the first session of the register- ing boards were all received on September 15. One hundred and fifteen thousand and sixt}'- eight whites, and one hundred and one thousand three hundred and eighty-two colored, regis- tered; one thousand six hundred and twenty whites, and two hundred and thirty-two colored, being rejected. The tax list of 18G6"'G7 (not (juite complete) returns about one hundred and thirty-six thousand white male adiUs, and eightj'-seven thousand colored male adults This indicates that the number of whites dis- franchised, or who have failed to register, is about nineteen thousand, and that about fifteen thou- sand more colored men have registered tlian were on the tax lists Hence it may be inferred that nearly all ma'e adults, white or colored, not disfranchised, have registered. The principle upon wliich the apportionment was made was to give separate representations to the smallest practicable subdivisions of the State, and where fractions remained over to so combine counties in election districts as to justly represent those portions. This is believed to be the fairest mode of apportionment practicable under the law. SECOND MILITARY DISTRICT Comprises the States of North Carolina and South Carolina, Brevet Major General E. R. S. Canby, commanding. Major General Daniel E, Sickles, who was originally assigned to the com- mand of this district, was relieved, and General Canby assigned by the following order of the President: (General Orders No. 80. — See Chap. Proclama- tions and Orders.) "In order to secure a more efflcient administratioD of jus- tice it WHS deemed neceesary to place all sheriffs and other iiiuniciprtl offiiers under the immediate control of a military otKcer. Accordingly all bucIi officers were directed to re- jiort to the Provost Marshal General, and to make monthly reports of 'crimes committed' and 'prisoners confined.' The reports of prisoners confined has aided materially in detecting illegal imprisonments or punishments, and has enabled the district commander to secure the release of many Union men and freeiluien, against whom much gross injustice had been committed. "A bureau of civil affairs was established, to take charge of all matters pertaining to registration; and its duties were afterwards extended to include all questions of pro- tection to person or property arising under the laws of Con- gress. One hundred and seventy registration precincts were eatablished in North Carolina, and one hundred and nine in t^outli Carolina. " In North Carolina there were registered 103,060 whites, and 71,657 blacks; ami in f^outh Carolina, 45.751 whites, and 79,5S5 blacks. Registration proceeded very slowly on ac- count of slowness of communication with distant parts of the district. " Of the appropriation made by Congress, $54,802 87 have been expended, and outstanding liabilities will exceed the balance on hand $19+,8li2 87. " The present condition of the district is so satisfactory as to warrant Jbe belief that after elections the number of military posts in both States can be diminished," THIRD MILITARY DISTRICT Comprises the States of Georgia, Florida, and Alabama, Brevet Major General John Pope, com- manding. "On assuming command an order was issued" by Gen- eral Pope "continuing in office State officials, but forbidding their opposing the reconstruction acts, prohibiting elec- tions except under those acts, and giving notice that all vacancies in civil offices would be filled by the district commander. Becoming satisfied subsequently that State officials, while obeying the order personally, yet officially, by their patronage, encouraged papers opposing the recon- struction act, an order was issued forbidding official pat- ronage to such papers. "In consequence of the riot at M'yoile,an order was issued holding city and county officers responsible for the preserv- ation of peace at all public meetings, and requiring the United States troops to assist thera when called on. No disturbances have since occurred. " Under the laws of the State no colored persr n could be admitted to the jury-box, and there was no surety of justice to Union men, to people from the North, (and especially ex-Union soldiers.) or to colored persons, from juries in- flamed with hostility towards such classes. " There is a very large number of ca^e3 of wrong perpe" trated by such juries in the district on file. sm POLITICAL MANUAL. "Accordingly nn order was iss led directing all juries to be draWQ indiscriminately from the list of voters registered by tlio boards of ref;i8tration. " Very few civil otBcers have been removed, and those, in almost every case, were removed for refusing to comply Tvitli orders. Appointments to fill vacancies have only been made where the daily business of tlio people demanded it. "The Statu Ireusnrers of (jeorgia, Alabama, and Florida have been ordered to make no payments afti-r the appro- priations of tlio present fi.'-cal year have expired, save on warrants ap|)roved by the liistiict ronnnander, as it is be- lieved that a new Le>;islatHre will not continue or approve many of the appropriations nnide. " In exicuting the registration, it was deemed advi^oners 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 tc regis- Uring boards in Florida. August 2 — No civil court will entertain any action against officers or soldiers, or otlier.=, for acts performed in ac'?ordance witli tlie orders of the military auth-^rities. All such suits now pending to be dismissed. August 12 — Ordered, that all advertisements or other official puljlications umler State or mu- nicipal authority sliall be made in such news- papers only as have not opposed and do not op- pose reconstruction under acts of Congress, no'' attempt to obstruct the civil officers appointed by the militarj'- 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 considering 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 30 — 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 may be needed to enable them to collect taxes imposed by the laws of tiie State. November 5 — Alabama Convention met ; ad- journed December 6. November 7 — General Swayne ordered, for the purpose of securing to agricultural 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 lien 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 i evised 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 m Florida ; delegates announced, and called to meet at Tallahassee, January 20, 1868. 320 POLITICAL MANUAL. 1868, January 6 — General Meade assumed command. January 10 — The ordinance of the Alabama Convention, to .stay the collection of debts, was announced as Vo be deemed to have taken effect from this date, and continue in full force unless the pending constitution should not be accepted ; but if it be adopted, tlie 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 : '•Unlcps llie pendins bill in ConRTPss, directing military Commnndril 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 continue 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, and post commanders directed to exert 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, &c.; under authority of State courts, where the cause of action accrued prior to January 1, 1866, stayed till December 30, 1867, to go into etfect 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 Section II of the act of Legislature of November 21, 1865,* " An act to amend the vagrant laws," it being, so far as it discriminates against freedmen, manifestly con- trary to the civil rights act, all civil officers are forbidden to collect it. June 29 — An order issued, reciting that, as mistaken ideas on the subject of registering and voting may spread or arise among the freedmen in this district, which, if not corrected, would tend to prevent them from registering and voting, sub-district commanders will direct the agents of the Bureau of Refugees, Freedmen, and Abandoned Lands to visit every important plantation witiiin their reach and instruct the freedmen upon these points. They and regis- ters will inform the freedmen that the registra- tion, v/here their names have to be entered and an oath taken, is not for the purpose of impos- ing any tax, or holding them to any military or 21 * See page 30 of Manual of 1866. other service, but simply to enable them (o share equally with the white men in tlie privilege of choosing who shall hold office in tiie county, State, and United States wherein they reside, and that unless they register they may be de- prived of this privilege. Whenever freedmen are interfered with, threat- ened or deprived of any advantage, place, or hire, on account of their registering or showing a wish to register, they will be informed it is their duty to report, such interference or deprivation, so that the party offending may be dealt with ac- cording to law. Registers and officers of the army throughout the district will re[iort all such offenders to the assistant adjutant general at these headquarters, with tiie names of witnesses, date, and places given carefully, so that the of- fence may be punished. July 29 — An order issued notifying all State and municipal officers that any attempt to ren- der nugatory the action of Congress designed to promote tlie better government of the rebel States, by speeclies or demonstrations at public meetings in opposition thereto, will be deemed sufficient cause for their summary removal. Tho same prohibition in regard to speeches will be applied to all officers holding appointments from these headquarters, and to officers of the army in this district August 13 — An order issued, that the general commanding having been credibly informed that in some instances land-holders within this dis- trict are, without legal cause, but u[ion frivolous pretexts, driving off their laborers, with a view to withhold their arrears of wages, or share in the growing crops, assistant commissioners of the Bureau of Refugees, Freedmen, and Aban- doned Lands will instruct their subordinates carefully to investigate every such case which may come to their knowledge, affording all the parties a full hearing, so that, should the cir- cumstances as developed disclose, on the part of the employers, cruel treatment of the laborer, or an attempt to defraud him of his wages, the of- fender may be brought to trial before a military commission. Where laborers on the crop of 1866 have not been paid, the removal of the crop is prohibited till the claim can be adjusted by three referees, (one to be selected by each party and the third by them,) "the courts of the States in this dis- trict not being open to persons too poor to give bonds." August 31 — It was held that an attorney or counsellor at law is not an officer in the sense of the acts of Congress relating to registration, and voting for secession was giving aid and comfort to the enemies of the United States. September 6 — Where a person, indicted for a criminal offence, can prove by two credible wit- nesses that he was a loyal man during tho re hellion, believes that he cannot by reason ol that fact get a fair and impartial trial by jury, the court will not proceed to try the case, but tho papers shall be transmitted to these headquar- ters. As freed people bear their share of taxa- tion, no denial to them of the benefit of those laws will be tolerated, and a refusal or neglect to provide properly for colored paupers will be treated as a dereliction of official duty. 322 POLITICAL MANUAL. f^epiembe! 9 — Tlie ast ambling of armed or- ganizations or bodies of (.-itizens, under any jire- tence whatever, is i)rolubitfd. Se[itember 10 — rersons connected with the rebel armies, who have avoided taking the parole oath, will, within 30 ilays, report, and take it. September '26 — Registration having been com- pleted, an election for or against a convention, and for delegates, will he held on the first Tues- day in November. Judges and clerks of election to t^ke the test oath ; registration to be revised for fourteen days prior to election; sheritT of each county made responsible for good order; public bar rooms closed; no register, judge, or clerk, to be a candidate. September 27 — Election for convention or- dered in Arkans.as, first Tupsday in November. December 5 — It was ordered that, in conse- quence of stolen goods bcins sold or delivered after dark, traders and all other parties are forbid purchasing or delivering country supplies after sunset till market hour in the morning, and making such sale or delivery a military offence. December 5 — A "Convention" declared car- ried by a majority of the registered vote in each State. The delegates for Mississippi are called to meet at Jackson, on January 7, and of Ar- kansas at Littie Rock on January 7- All per- sons not in the military service, and not properly engaged in executing the laws, are prohibited from carrying concealed weapons. December 12 — Whenever a citizen is arrested by the military, he will be at once furnished witli a written copy of the charges. Writs of habeas corpus by United States courts will be in all cases obeyed and respected by all ofBcers of the military service in this command. December 14 — SheriflPs and other peace officers are requested to be prf^pared, with the aid of the pome comitatus, to arrest, disarm, and confine offeoders against the peace arui good order of the community; vaprancy and crime are to be suppressed. This order covered a proclamation of Governor Humphreys, of December 9, to this effect : Wiiereas comir inications have been received at this office, frTm gentlemen of high official and social position in different portions of the State, expressing serious apprehensions that combinations ''nd conspiracies are being formecl ;arnong the Hacks, " to seize the lands and es- tablish farnrs, expecting and hoping that (Jon- gTiess will prrange a plan of division and distri Vuition," 'but unless this is done by January oezt. they will proceed t^ help themselves, and flre^^termined to go to war, and are confident that tik'^y will be victors in any conOict with the whi,te*"/' a^ud furnish names of persons and T'lAC'Cf, ; aud Whereas similar communications have been r<-«eived at headquarters fourth military tlistrict, aiid referred to me for my action, ami the co- operation of the civil autliorities of the State, with tlie United States military, in suppressing violence and maintaining order and peace — Now, therefore, I, Benjamin G. Humphreys, Governor of Mississipjii, do i.ssue this my proc- lamation, admonishing the black race, that if any such hopes or expectations are entertained, you have been grossly deceived, and if any com- binations or con.opiracies have ber:n formed, to carry into effect such purposes by lawless vio- lence, I now warn you that you cannot suc- ceed. Upon the reference of the papers referred to in tills proclamation to General Ord, he, under date of November 2, instructed General Gillera to learn what white men have been advising the freedmen to take arms, seize lands, or do any other illegal act, and to instruct the leading freedmen that Congress has no intention to take land from the late masters for the benefit of former slaves. General GiUem ordered promptly to arrest all incendiaries. Gov. Humphreys, in his proclamation, admonished the whites that, as they prized constitutional liberty for them- selves, they must accord to the black race the full measure of their rights, privileges, and liberties secured to them by the Constitution and laws of the land; that they must deal justly with the blacks, and in no case undertake to re- dress wrongs, except in the mode and manner authorized by law. December 16 — It was declared that boards of arbitration for the protection of laborers, would be hereafter appointed only where a laborer may complain that his wages or share of the crop is wrongfully withheld from him, and where a landlord or merchant may complain that the planter has fraudulently assigned to the laborer an undue share of the crop, to the injury of the complainant. December 17 — All freedmen who are able will be required to earn their support during the coming year. Those who can, but will not work, will be liable to arrest as vagra.nts. December 19 — County courts in Arkansas di- rected to make immediate provision for their poor. December 21 — Result of election in Arkansas on convention officially declared, and conven- tion directed to assemble. 1868, January 7 — Arkansas Convention met; adjourned February II. Same day — Mississippi Convention met; adjourned May 18. January 9 — An order was issued restoring to the civil courts of Mississipjii the jurisdiction of general cases of horse-stealing, &c. ; though, should it appear that any person charged with this crime could not obtain an impartial trial by reason of his political sentiments or his race, the jurisdiction shall still remain in the hands of the military. January 27 — Hereafter all questions arising from settlements of crojis, and generally the re- lations of debtors and creditors of civil suitors, will be left to the proper civil courts, except such cases affecting the rights of freedmen, or others, as by acts of Congress are specially com- mitted to the care of the Bureau of Refugees, Freedmen, and Abandoned Lands. February 4 — The general commanding re- fused to issue an order for the relief of debtors, believing that the homestead and exemption laws of Mississippi placed every one beyond the necessity of sucli protection. February 14 — Election on constitution of Ar- kansas, State officers, and Representatives in Congress, ordered for March 14. March 14 — Election held iu Arkansas DIGEST OF ORDERS, ETC. 323 April 13 — Remits to civil courts jurisdiction of any violalion of the laws of the State of Mis- sissippi in relation to carrying concealed weapons. May 19— An election was ordered to be held in Mississippi, June 22, on tlie ratification of the constitution and for the election of members of Congress and State officers. June 4 — General McDowell assumed command of the department. June 16 — He removed Governor Humphreys of Mississippi and Attorney General Hooker, and appointed General Adelbert Ames military governor, and Captain Jasper Myers attorney general. Fifth Military District— Louisiana and Texas, March 28 — No elections will l)e held till the reconstruction laws shall have been complied with. April 8 — An election in the parish of Living- ston, Louisiana, annulled. April 20 — Registration boards appointed. April 27 — General Gritfin, reciting that per- sons disqualified by law are drawn to serve as jurors in the civil courts of Texas, directed that hereafter no person shall be eligible to serve as a juryman until he sliall have taken the test- oath of July 2, 1882. The second section of the civil rights act was published for the guid- ance of officials autliorized to impannel jurors. [General Griffin vindicated this order, May 29, stating it was not his intention to yirescribe whether jurors should be white or black ; but to prevent the filling the jury-boxes with men of secession antecedents, inimical to the General Government, and hostile towards Union citizens, who were applying from all parts of the State for protection against the unjust action of the courts.] May 2 — An order issued, reciting that an act of the Legislature of Louisiana, of February 12, 1866, providing that officers and men of tiie po- lice force of New Orleans shall read and write the English language, and have resided upwards c^ five consecutive years in the city, having been passed for the purpose of excluding ex-Union soldiers from the police force, and every ex-Union soldier had been discliar.ged from it to make room for those of rebellious antecedents, so much of the act as requires the five years' I'esidence was suspended, and a residence of two years adopted. The mayor, Edward Heath, ordered to adjust the police force so that at least one- half shall be composed of ex-Union soldiers. May 3 — New board of levee commissioners appointed. May li — Registration boards notified that false certificates of naturalization have been is- sued from some of the district courts of New Orleans, and to report ihem whenever found. May 16 — The carrying of fire-arms in New Orleans prohibited except by those authorized or required by law to do so in discharging oflicial duties. May 25 — Collection of taxes in Texas levied during the rebellion prohibited. June 3 — The order appointing a new board of levee commissioners suspended, under President Johnson's directions. J. Madison Wells having made himself an impediment to tke faithful exe- cution of the reconstruction act, was removed as Governor of Louisiana, and Thomas J. Durant appointed thereto. William Baker appointed street commissioner of New Orleans, in place of the incumbent, removed for neglecting to keep the streets of the city clean. June6 — Benjamin F. Flanders appointed Gov- ernor, in place of Mr. Darant declined. June 10 — The act of tiie Legislature of Texas, October 11, 1866, passed to get rid of Judge Thomas H. Stribling and W. P. Bacon, Union men, because of their political opinions, was annulled. June 29 — Registration extended till further orders, by direction of President Johnson. July 19 — Registration ordered to cease on the 31st instant. July 27 — The old board of levee commission- ers reinstated. July 30 — J. W. Throckmorton, Governor of Texas, removed as an impediment to reconstruc- tion, and E. M Pease appointed. August 3 — Civil tribunals in Texas ordered to disregard an act of legislation, November 1, 1863, regulating contracts for labor. August 8 — Judge Edward Dougherty. 12tli district of Texas, removed for denying the su- premacj'' of the laws of Congress, and Edward Basse appointed. August 17 — Election ordered in Louisiana on a convention and for delegates, September 27 and 28, the Convention to consist of 98 members. Commissioners of election ordered to do every- thing requisite to secure a full and impartial expression of the opinions and wishes of the people through the ballot-box. August 22 — General Griffin issued an order, at Galveston, that all distinctions on account of color, race, or previous condition, by railroads, or other chartered companies, that are common carriers, are forbidden in the district of Texas. August 24 — Registration being complete, no person not registered in accordance with law shall be considered "a duly qualified voter of the State of Louisiana." Only those duh' regis- tered are eligible, under the lav/s of Louisiana, as jurors; and the necessary revision of the jury lists is ordered to be made immediately, the State exemption from jury duty to remain in force. September 1 — General Sheridan relieved. September 6 — (jeneral Charles Griffin, upon whom the command temporarily devolved, tele- graphed General Hartsuff, A. A. G., from Gal- veston, to transact all business as if General Sheridan had remained in command and received his anticipated leave of absence. September General Joseph A. Mower as- sumed command. September 17 — The assembling of armed men for political and other purposes, and posting them as sentinels or videttes, prevalent in vari- ous parts of Louisiana, are prohibited. September 19 — All persons subject to parole, now domiciled in Louisiana and Texas, ordered to give their paroles within thirty days. September 28 — All persons duly registered in Texas, and no others, will be eligible as jurors. October 21 — Convention declared carried, and delegates ordered to meet in New Orleans No- vember 23. 324 POLITICAL MANUAL November 16 — Harry T. Hays removed as Sheriff of New Orleans, and George W. Avery appointed. November 12 — R. King Cutler appointed judge, in place of A. Cazabat, resigned. November 21 — Albert Voorliies removed as Lieutenant Governor, and several other State officers ; and, November 22, this order was sus- pended. November 29 — General Winfield S Hancock assumed command. He issued this order: II. The general commanding is gratified to learn that peace and quiet reign in tiiis depart- ment. It will be his purpose to preserve tiiis condition of things. As a means to this great end, he regards the maintenance of the civil authorities in tlie faithful execution of the laws as the most efficient, under existing circum- stances. In war it is indispensable to repel force by force, and overthrow and destroy opposition to lawful authority. But when insurrectionary force has been overthrown and peace established, and the civil authorities are ready and willing to perform their duties, the military power ehould cease to lead, and the civil administra- tion resume its natural and rightful dominion. Solemnly impressed with these views, the gen- eral announces that the great principles of American libert}' still are the lawful inheritance of this people and ever should be. The right of trial by jury, the habeas corpus, the liberty of the press, the freedom of speech, and the natural rights of persons, and the rights of propert}', must be preserved. Free institutions, while they are essential to the prosperity and happiness of the people, always furnish the strongest inducements to peace and order. Crimes and offenses committed in this district must be referred to the consider- ation and judgment of tlie regular civil tribu- nals, and those tribunals will be supported in their lawful jurisdiction. Should tliere be violations of existing laws, which are not inquired into by the civil magis- trates or should failures in the administration of justice by the courts be complained of. the cases will be reported to these headquarters, when such orders will be made as may be deemed necessary. While the general thus indicates his purpose to respect the liberties of the people, he wishes all to understand that armed insurrections or forcible resistance to the law will be instantly suppressed by arms. By command of Major General W. S. Hancock. W. G. Mitchell, BvL Lieut. Col., Acting Assist. Ad'ft Oen. December 2 — R King Cutler's ay)pointment as judge revoked ; and, December 3, A. Cazabat appointed. December 5 — This order was issued by General Hancock : Tlie true and proper use of military power, besides defending the national honor against foreign nations, is to uphold the laws and civil government, and to secure to everv person re- siding among us the enjoyment of life, liberty, and property. It is accordingly made, by act of Congress, the duty of the commander of this district to protect all persons in the.se rights, to suppress disorder and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals. The commanding general has been oflicially informed that the administration of justice, and especially of criminal justice, in the courts is clogged, if not entirely frustrated, by the en- forcement of paragraph No. 2 of the military order numbered : Special Orders 125, current series, from these headquarters, issued on the 24th of August, A. D. 18G7, relative to the qualifications of persons to be placed on the jury lists of the State of Louisiana. To determine who shall and who shall not be jurors appertains to the legislative power ; and until the laws in existence regulating this subject shall be amended or changed by that depart- ment of the civil government, which the con- stitutions of all the States under our republican system vest with that power, it is deemed best to carry out the will of the people as expressed in the last legislative act upon this subject. The qualification of a juror under the law is a proper subject foi- the decision of the courts. The commanding general, in the discharge of the trust reposed in him, will maintain the just power ot the judiciary, and is unwilling to per- mit the civil authorities and laws to be embar- rassed by military interference; and as it is an established fact that the administration of justice in the ordinary tribunals is greatly embarrassed by the operations of Faragrapli No. 2, Sjiecial Orders No. 125, current series, from these head- quarters, it is ordered that said paragrajih, which relates to the qualifications of jurors to be placed on the jur}''-li=ts of the State of Louisiana, be, and tlie same is hereby, revoked, and that the trial by jury be henceforth regulated and con- trolled by the Constitution and civil laws, with- out regard to any military orders heretofore is- sued from these headquarters. December 18 — Election ordered in Texas on a convention, and for delegates, February 10, 11, 12, 13, and 14, 1868. 1868, January 1 — General Hancock issued this order: Applications have been made at these head- quarters implying the existence of an arbitrary authority in the commanding general touching purel}- civil controversies. One petitioner so- licits this action, another that, and each refers to some special consideration of grace or favor, which he supposes to exist and which should in- fluence this department. The number of such applications, and tlie waste of time they involve, make it necessary to declare that tlie adminis- tration of civil justice appertains to the regular courts. The rights of litigants do not depend on the views of the general. They are to be ad- judged and settled according to the laws. Arbi- trary jiower, such as he lias lieen urged to as- sume, has no existence here. It is not found in the laws of Louisiana or Texas. It cnnnot 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 rejieat that, while disclaiminc; judicial func- tions in civil cases, he can suffer no forcible re- DIGEST OF ORDERS, ETC. 325 eistance to the execution of processes of the courts. By command of Major General Hancpck. G. L. Haetsuff, A- a. G. January 2 — Mr. Joshua Baker anpcinted Gov- ernor in place of Hon. B. i^'. Fhvnders, resigned. January 8 — Mr. Baker took the oath of office as Governor of Louisiana. In May, 1S07, General Sheridan distributed memoranda of diiquHlifications, and questions to be proposed for tlie registers. Their sub- Btance was to da dare disqualified all who had acted as United States Senators or Representa- tives, electors, officers of the army and navy, civil officers of the United States, and all State officers provided for by the constitution of the State prior to January 26, 1861, who had after- wards engaged in the rebellion, 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 engaged in the rebf Uion, or if the reg- isters knew them to have been so, they must not be registered. On the 11th of January, 1868, General Han- cock set aside these memoranda, declaring tiiat he dissented from tlie construction 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 whose exclusion is di- rectly contrary to that of July 19. Orders the registers to be guided by their own interpreta- tion of the laws and the XlVth Constitutional Amendment. February 7 — For proceeding to hold an elec- tion, in coutemiit of orders from headquarters, certain members of the board of aldermen of New 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 2-5 — Election ordered for State officers and Representatives in Congress at the same time with the vote on the constiiution. Mav 13 — The result of the election declared, 17.413 majoiity for the constitution. June 2 — The names of the members of the General Assembly, State officers, parish officers, and judicial officers were announced. TiieGen- erai 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 its character until after the adoption of the XlVth constitutional amendment. Article 158 of the new constitu- tion of the State provides that the terms of office of all civi'l officers elected under it shall date from the first Monday in November follow- ing the election. Therefore, the officers whose election is herein announced will only enter upon and hold their offices from that date. A vacancy occurring in any office in the meantime will be filled preferably by the person who has been elected to it. If any of the officers whose election is hereia announced shall be disqualified on the first. Mon- day in November, 1868, to hold office, the in- cumbent at tiiat 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 10th inst., and in other ydaces on the seventh day after the receipt of the order. June 6 — The chairman of the board of regis- tration, S. B. Packard, issued a proclamation reciting the j)rovisons of the constitution requir- ing all civil officers to enter on their duties on the second Monday after the official promul- gation of the election returns, and requiring the General Assembly to- meet on the third Monday after such promulgation : declaring that the commanding general had violated such pro- vision, and that to the board of registration had been delegated by the Convention the power to inaugurate the new State government; notifies all officers to take po.ssession of their offices, and the General Assembly to meet, on the days above named. The same day Mr. Packard was arrested, but released on recognizance to appear before a mili- tary commission to be immediately organized. June 8 — General Grant telegraphed to General Buchanan as follows : In view of the legislation now pending relative to the admission of Louisiana, I would suggest suspen- sion of all action in case of Packard'.*! arrest and trial. U. S. Grant, General. Same day — General Buchanan accordingly announced a suspension of arrest and further action respecting Packard 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 Te.^as, to act in conjunction with, and under the direction of, the military com- mander tlierein, 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 civil- 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 provided in some form by the national Government to the loyal and law-abid- ing citizens of Texas, they will be compelled, ia the sacred right of self-defence, to organize for their own protectioa XX.VIII, ABSTRACTS OF THE NEW CONSTITUTIONS OF MVRYLVND VND KEW YORK, ALABAMA, ARKANSAS, FLORIDA, LOUISIANA, GEOR- GIA, i\ORTII CAROLINA, SOUTH CAROLINA, VIRGINIA AND MISSISSIPPI. Constitution of Maryland adopted in 1867. I In the declaration of rights are the following: | That the people of this State have the sole and xclusive right of regulating the internal gov- ernment and police thereof, as a free, sovereign, and independent State. That the levying of taxes by the poll is griev- ous and oppressive, and ought to be prohibited ; that p;nii>er3 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 ballot; 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 vote*. Sec. 6 fixes the oath of office to support . the Constitution of United States, and bear true allegiance 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; Dorchester, 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 tlie legislative districts of Balti- more shall have a number of delegates equal to l!ie largest county. Tlie term of senators is fixed at four years and delegates two. Three years' citizenship in Maryland necessary to make a per- fcon eligible as senator or delegate. Art. 4, sec. 2S, requires a majority of the whole number of members elected to each house to pass a bill, and by yeas and uays. Sec. 37 13 in these words: The general assembly shall pass no law providing for pavment \>y this State for slaves emancipated from scrvitiide in this State; but they .shall adopt such measures as they may deem expedient to obtain from the United St.ates compensation for such slaves, and to receive and distribute the same equitably to the persons entitled. Sec. 41 disqualifies from office of profit or trust any person fighting a duel or participating as second, or knowingly aiding or as.sisting those ofTending. 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 donation of land, money, or securities for any purpose 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 corpus. Constitution of the State of New 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 tlie 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 hereaiter may be elective by tlie people, and upon all questions which may be submitted to the vote of the peojde 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. Begistiation of voters authorized. Thiitj-- two senators, and one hundred and thirty- nine assemblymen. No bill shall pass except upon the assent of a majority of tlie members elected to each house. Governor has veto, with two- thirds vote of members elected necessary to re- pass the vetoei] 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 I'orty- five, shall be annually enrolled, as a militi;* 6G ABSTRACTS OF CONSTITi; IIONS. 327 force, to be divided into active and reserve lorces — the active to be called the National Guard of the State of New York, and not to exceed, in peace, thirty thousand men. Constitution 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 tlieir intention to become citizens of the United States, are citizens of the State, pos- sessing equal civil and political rights and public privileges. Freedom of speech and press is guaranteed, with respon#rDility 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 pass any 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 ofBces until their successors shall be qualified. The legislature has power to suppress duelling. The State shall not engage in any internal improvements. Tiie 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 military 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 wlio 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 aided 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 uncler this clause. 3d. Crimi- nals. 4th. Idiots and insane persons. All persons, before registering, must take and subscribe the following oath : I, , do solemnly swear (or affirm) that I will sup- port and maintain the Constitution and laws of tlie United States, and the constitution 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 eighteaa and forty- five, to be divided into two 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 to extend 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, iit the exercise oerson shall be eligible to any office of profit, or trust, or to any oiHce in the militia of this State, who is not a qualified elector. 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 convention that passed the ordi- nance of secession, or who, as a delegate to any convention, voted for or signed any ordinance of secession, or who gave voluntary aid, counte- nance, counsel or encouragement to persons en- gaged 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, author- ity, power, or constitution, within the United States, hostile or inimical thereto, except all persons who aided reconstruction by voting for this convention, or who have continuously ad- vocated the assembling of this convention, and shall continuously and in good faith advocate the acts of the same ; but the Legislature may remove such disability ; Provided, That nothing in this section, except voting for or signing the ordinance of secession, shall be so construed as to exclude from ofiice the private soldier of the late so called Confederate States army. The State of Mississippi shall never a.«sume nor pay any debt or obligation contracted in aid of the rebellion, nor shall this State ever in any manner claim from the United States, or make any allowance or compensation for slaves emancipated or liberated in any way whatever, since the 9th day of January, 18G1. Members of the Legislature, and all other ofii- cers elected or appointed to any ofllce in this State, shall, before entering upon the discharge of the duties thereof, take and subscribe the fol- lowing oath of office : I, , do solemnly swear (or affirm) that I will faith- fully siijiport and true alle.aianco bear the Constitu- tion of the United States and the State of Mississippi, and oliev the laws thereof; that I am not disqualified from holding ofiico by the Constitution of the United States or iho State of Mississippi; that I liavc neve' RECONSTRUCTION MEASURES. 335 as a membor of any convention roted for or signed any ordinance of soccssion; that I have never aa a memlx'r of any State Lei^islature voted for the call of any convention that passed any sueli ordinance ; that I wiU faithfully discharge the duties of the otiice upon Which I am about to enter. So help me God. The ordinance of secession of the State of Mis- sissippi, passed January 9, 1866, is hereby de- clared to be null and void. The present and all previous constitutions of the Slate of Missis- sippi are hereby declared to be repealed and annulled by this constitution. Ail laws now in force in this State, not en- acted in furtherance of secession and rebellion, and not repugnant to this constitution, shall continue in force. Common school fund provided for ; the poll- tax in its aid not to exceed $2 annually. All able-bodied males, between eighteen and forty-five, shall be liable to military duty in the militia. Lotteries and sale of lottery tickets prohibited. All lands sold in pursuance of decree of courts or execution shall be divided into tracts not to exceed one hundred and sixty acres. All persons who have not been married, but are now living together and cohabiting as hus- band and wife, shall be taken and he.d for all purposes in law as married, and their children, whether born before or after the ratiScation of this constitution, shall be legitimate, and the Legislature may by law punish adultery and concubinage. 1868, March 13 — An ordinance adopted, as follows : Sec. 1. That no contracts shall be valid which in any manner abridge or affect the right of franchise of either party; and any person or persons demanding such conditions shall, upon conviction thereof before any court having com- petent jurisdiction, be disfranchised for the term of five years, and pay a fine of not less than five hundred dollars. Sec. 2. Whoever shall dismiss from employ- ment any person or persons for having exercised the right of franchise, or for offering to exercise such right, shall, on conviction, be fined not less than two hundred and fifty dollars, and be dis- franchised for the term of five years. XXIX. SUPPLEMENTAL RECONSTRUCTION MEASURES/ Act of July 19, 1867. An act supplementary to an act entitled "An act to provide for the more efficient government of the rebel States," passed on the second day of March, 1867, and the act supplementary there- to, passed on the 23d day of March, 1867- Be it enacted, <£c., That it is hereby declared to have been the true intent and meaning of the act of the 2d day of March, 1867, entitled "An act to provide for the more efficient government of the rebel States," and of the act supplement- ary thereto, passed on the 23d day of March, 1867, that the governments then existing in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louis- iana, Florida, Texas, and Arkansas, were not legal State governments; and that thereafter said governments, if continued, were to be con- tinued subject in all respects to the military commanders of the respective districts, and to the paramount authority of Congress. Sec. 2. That the commander of any district named in said act shall have power, subject to the disapproval of the General of the army of the United States, and to have effect till disap proved, whenever in the opinion of such com- mander the proper administration of said act shall require it, to suspend or remove from office, or from the performance of official duties and the exercise of official powers, any officer or person holding or exercising, or professing to * For preceding Reeonstruction Measures see pages 191-194 of Manual of 1SG7. hold or exercise, any civil or military office or duty in such district under any power, election, appointment, or authority derived from, or granted by, or claimed under, any so-called State or the government thereof, or any munici- pal or other division thereof; and upon such suspension or removal such commander, subject to the disapproval of the General as aforesaid, shall have power to provide from time to time for the performance of the said duties of such officer or jierson so suspended or removed, by the detail of some competent officer or soldier of the army, or by the appointment of some other person to perform the same, and to fill vacancies occasioned bj' death, resignation, or otherwise. Sec. 3. That the General of the army of the United States shall be invested with all the powers of suspension, remov.al, appointment, and detail granted in tiie preceding section to district commanders. Sec. 4. That the acts of the oflScers of the army already done in removing in said districts per- sons exercising the functions of civil officers, and ap[iointing others in their stead, are hereby con- firmed ; Provided, That any person heretofore or hereafter appointed by any district com- mander to exercise the functions of any civil office, may be removed either by the military officer in command of the district, or by the General of the army. And it shall be the duty of such commander to remove from office, aa aforesaid, all persons who are disloyal to the Government of the United States, or who use their official influence in any manner to hiader, 336 POLITICAL MANUAL. delay, prevent, or obstruct the due and proper administration of this act and the acts to which it is supplementary. Sec. 5. That the boards of registration pro- vided for in the act entitled "An act supple- mentary lo an act entitled 'An act to provide for the more efficient governraentof the rehelStates,' passed March 2, 1867, and to facilitate restora- tion," passed March 23, 1867, shall have power, and it shall be their duty, before allowing the registration of any person, to ascertain, upon Buch facts or information as they can obtain, whether such person is entitled to be registered under said act, and the oath required by said act shall not be conclusive on such question, and no person shall be registered unless such board shall decide that he is entitled thereto; and such board shall also have power to examine, under oath, (to be administered by any member of such board,) any one touching the qualifica- tion of any per.son claiming registration; but in every case of refusal by the board to register an applicant, and in every case of striking his name from tlie list as hereinafter provided, the board shall make a note or memorandum, which shall be returned with the registration list to the com- manding general of the district, setting forth (lie grounds of such refusal or such striking from the list: Provided, That no person shall be disqualified as member of any board of regis- tration by reason of race or color. Sec. 6. That the true intent and meaning of the oath prescribed in said supplementary act is, (among other things,) that no person who has been a member of the Legislature of any State, or who has held any executive or judicial office in any State, whether he has taken an oath to support the Constitution of the United States or not, and whether he was holding such office at the commencement of the rebellion, or had held it before, and who has afterwards en- gaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof, is entitled to be registered or to vote ; and the words "executive or judicial office in any State" in said oath mentioned shall be construed to include all civil offices created by law for the administration or an}' general law of a State, or for the administration of jus- tice. Sec. 7. That the time for completing the orig- inal registration provided for in'said act may, in the discretion of the commander of any district, be extended to the 1st day of October, 18G7; and the boards of registration shall have power, and it shall be their duty, commencing fourteen days prior to any election under said act, and upon reasonable public notice of the time and place thereof, to revise, for a period of five days, the registration lists, and, upon being satisfied that any person not entitled thereto has been registered, to strike the name of such person from the list, and such person shall not be allowed to vote. And such board shall also, during the same period, add to such registry the names of all persons who at that time possess the qualifi- cations required by said act who liave not been already registered ; and no person shall, at any time, be entitled to be registered or to vote, by reason of any executive pardon or amnesty, for any act or thing which, without such pardi)a or amnest}', would disqualify him irora registra- tion or voting. Sec. 8. That section four of said last-named act shall be construed to authorize the command- ing general named therein, whenever he shall deem it needful, to remove any member of a board of registration and to appoint another in his stead, and to fill any vacancy in such board. Sec. 9. 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 municijial author- ity, or by detail or appointment of the district commanders, shall be required to take and to subscribe the oath of office prescribed by law for officers of the United States. Sec 10. That no district 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 any civil officer of the United States. Sec. 11. That all the provisions of this act and of the acts to which this is supplementary 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 Democrats naj'. 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 vote, as before.] Act of March 11, 1868. An Act to amend the act passed March 23, 1867, entitled "An act supplementary to 'An act to provide for the more efficient govern- ment of the rebel States,' passed March 2, 1867, and to facilitate their restoration." Be it enacted, &c., That hereafter any election authorized by the act passed March 23, 1867, entitled "An act supplementary to 'An act to provide for the more efficient government 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 which the question of the adoption or rejection of any constitution is submitted, any person duly registered in the State may vote in the election district where he offers to vote when he has resided therein for ten days next preceding such election, upon presentation of [lis certificate of registration, his affidavit, or other satisfactory evidence, under such regula- tions as tlie district commanders ma}' prescribe. Sec. 2. That the constitutional convention of any of the States mentioned in the acts to which this is amendatory may provide that at the time of voting upon the ratification of the constitu- tion, the registered voters may vote also for members of the House of Representatives of the United States, and for all elective officers provided for by the said constitution ; and the same elec- tion officers, who shall make the return of the votes cast on the ratification or rejection of the constitution, shall enumerate and certify the votes cast for members of Congress, RECONSTRUCTION MEASURES. 337 Became n 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, yeas 28, nays 6; the Republicans voting for the bill, and the Democrats against it.] An Act to admit the State of Arkansas to Bep- resentation in Congress, June 22, 1868. Whereas the people of Arkansas, in pursuance of the provisions of an act entitled " An act for the more efficient government of the rebel States," passed March 2, 1867, and the acts supplementary thereto, have framed and adopted a constitution of State government, which is republican, and the Legislature of said State has duly ratified the amendment to the Constitution of the United States proposed by the Thirty- Ninth Congress, and known as Article XIV; Therefore, Be it enacted. &c., That the State of Arkansas is entitled and admitted to representation in Congress, as one of the States of the Union, upon the following fundamental condition: That the constitution of Arkansas shall never be so amend- ed or changed as to deprive any citizen or class of citizens of tlie United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for Buch crimes as are now felonies at common law, whereof they shall have been duly convicted, under laws equally applicable to ail 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 who 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 tlie 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 as Srinted above, and their report passed the Senate, une 6, without a division, and the House also, a motion to table the report having been lost, yeas 27, (all Democrats,) nays 108, (all Republi- cans, except Mr. Stewart, of New York.) June 20, the bill was vetoed by the President, and passed in the House, yeas 111, nays 31 ; June 22, it passed the Senate, yeas 30, nays 7. In the House, on re-passing the bill, Mr. Stewart voted aye with the Republicans, and Mr. Cary voted nay with the Democrats. In the Senate the vote was; 22 Ye.\s — Messrs. Chandler, Cole, Conkling, Cornices, Corbett, Cragin, Edmunds, Ferry, Fessenden, H.n, Howard, Morgan, Morrill of Vermont, Nye, Patterson of New IIamp.shire, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sumner, Th.ayer, Tipton. Trumbull, Van Winkle, Wade, Willey, Wil'son, Yates— 30. N.\T3— Messrs. Bayard, Davis, DooUitle, Hendricks, Mo Creery, Patterson of Tennessee, Saulsbury—7. An Act to Admit the States of North Carolina, South Carolina. Louisiana, Georgia, Alabama, and Florida to Representation in Congress, June 25, 1868. Whereas the people of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Flor- ida have, in pursuance of the provisions of an actentitled "An act for the more efficient govern- ment of the rebel States," passed 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, (fee. 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 such State shall have duly ratified the amendment to the Constitution of the United States proposed by the Thirty-Ninth Congress, 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 as to deprive any citizen, or class of citizens, of the United States of the right to vote in said State who are entitled to vote by the constitution thereof, herein recognized, except as a punish- ment for such crimes as are now felonies at com- mon law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said State; Provided, That any alteration of said constitutions may be made with regard to the time and place of residence of voters. And the State of Greorgia shall only be entitled and admitted to representation upon this further fundamental condition : That the first and third subdivisions of section seventeen of the fifth article of the constitution of said S,tate, except the proviso to the first subdivision, shall be null and void, and that the general assembly of said State, by solemn public act, shall declare the assent of the State to the fore- going fundamental condition.* Sec. 2. That if the day fixed for the first meeting of the Legislature of either of said States, hy the constitution 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, such Legislature shall convene at the end of twenty days from the time this act takes effect unless the Governor-elect shall soon- er convene the same. Seo. 3. That the first section of this act shall take effect as to each State, except Georgia, when such State shall by its Legislature duly ratify Article XIV of the amendments to the Consti- tution of the United States, proposed by the Thirty-Ninth 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 condiiion here- inbefore imposed ujion the same ; and thereupon the oflicers of each State, duly elected and qual- ified under the constitution thereof, shall he in- augurated without delay ; but no person prohib- ited from holding office under the United Stales or under any State by section three of the pro- Bosed amendment to the Constitution of the nited States known as Article 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 duty 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 hill passed the House, May 14, yeas 110, nays 35 ; the Senate, June 9, yeas 31, nays 5 — Uepublicans/or, Democrats against it. June 25, it was vetoed by President Joiinson, and passed over the veto, snme day, in the House, yeas 107, nays 31 ; and in the Senate, yeas 35, naye.S.] IMPOETANT VOTES DURING THE CONSIDER- ATION OF THE ABOVE BILLS. Votes prior to Passage of Act of March 11, 1868. During the pendency in the Senate of the act of March 11, 18GS— February 25 — Mr. Doolittle moved to amend by adding to the second section this proviso: " Provided, nevertheless, Th it upon an election for the ratification of any constitution, or of oEcers under the same, previous to its adoption JQ Aoy such State, no person not having the r(|ua,lifioations of an elector under the constitu- tiuoa 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 sufiicient education to read the Con- stitution of the United States, and to subscribe his name to an oath to support the same; or, 3d. He shall be seized in his own right, or in tke 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 — !\Iessrs. Dixon, Doolittle, Hendricks— Z. J^K\s,—Backalew, Chandler, Oole, Conkling, Corbett, Cragin, Daviji, Drake, Perry, Fowler, Harlan, Hender- son, Howe, IMnr^.in, Morrill of Maine, Morrill of Ver- mont, Nve, P!itter, n(ipkiu-j,Asahel W. Hubbarci, Chester D. llulilmrd, HuHiurd, Hunter, Ingersoll, Jenekes, Jndd, .Iiiiian, Kelley, /..elsey, Ketehahi, Kit- chen, KoDntz, William Lawreu-.e, Lincoln, Logan, Loughridire, Marvin, MaynaiQ, McCarthy, MeChirg, Mercur, .Miller, Mo(a-(\ ]M(iorh<'}»fi, 'MuUins, Myers, New- comb, Nuiiii. < >\\"(ill,(Mtli,Pfu,i(,,Perham, Peters, Pike, Pile, Plants, Poland, Pulsloy, i'omeroy. Price, Raum, Roliertson, Sawyer, Selirm-'k, dcoficld, Solye, Shanks, Smith, Spalding,' Siarkw( atl.e,. Aaron F. Stevens. Thad- dcus Stevens, Tayli>r, 'Ihoif.ad, Trowbridge, Twichell, Upson, Van Aeriiam, Buit ^'an Horn, Robert T. Van Horn, Van Wyek, Ward, v:WdwaIader ('. Washl.um, El- lilm B. Wasliburne. He.uy D. Washburn, William B. Washburn, Welker,' ihomas Williams, William Wil- liams, James F. Wiiso/i, john T. Wilson, Stephen F. Wilson, Windom, Wooahi-idgc— 12-1. Nays — Messrs. Adainx, Archer, Axtcll, Brirnef!. IJnrnuni, Berk, Boycr, Brooks, tiarr, Carii, Chanlcr, FJilri'Uir, Fox, Gctz, Glosshrenner, ttoHadai/, Grovcr. Hniiiht, JInlman, Ilotchkiss, Richnrrt Ji). Hubbard, Hinnphrci/. Johnson, Jones, Kerr, KmaM. Marshall. McCormiek, Morrisscy, Munrjcn, Niblack, Nicholson, Phelps, Pni'iu, Pobinson, lioss, Sitgrcavrs, Atewart, Stone. Tabcr, L. S. Trimble, Van Aiikcn, Van 'frump, Wood, Woodward — 15. Pending this bill, 1868, January 21— Mr. Butler off'ered a sub- stitute that, in order to supply the place of these illegal governments, the constitutional conven- tions of each of said States, as soon as such coii- , ventions, respectively, shall have submitted to RECONSTRUCTION MEASURES. 330 the people a constitution or frame of govern- ment for their ratification, shall have power to appoint all civil officers. It shall be the duty of the several district commanders to confirm the appointment of such oflicers by the convention ; to install each officer in liis office ; to cause to be put into the possession and control of each offi- cer the records and archives and other property of the State pertaining to his office, and to do all other acts which may be necessary to enable such State oflicers, respectively, to perform the functions of their ofiices. These governments to continue until each State shall be represented in Congress and other State officers shall have been elected and qualified under the constitution thereof. Which was disagreed to — yeas 53, nays 112. The yeas were: Messrs. Allison, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Banks, Broomall, Butler, Cake, Gary, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Co- burn. Donnelly, Driggs, Eckley, Ela, Perry, Fields, Gravely, Harding, Higby, Hunter, Judd, Julian, Kelley, Kelsey, Kitchen, William Lawrence, Logan, Lough- ridge, Maynard, McClurg, Mercur, Mullins, Newcomb, Nunn, Perham, Raum, Schenck, Shanks, Thaddeus Stevens, Taylor, Thomas, John Trimble, Robert T. Van Horn, Van'Wyck, Ward, William Williams, Stephen F. Wilson, Windom. This bill was not taken up in the Senate. VOTES SUBSEQUENT TO THE PASSAGE OF THE ACT OF MARCH 11, 1868, AND PRIOR TO THE ACTS OF JUNE 23, AND JUNE 25, 1868. The Alabama Bill. 1868, March 26— The House Committee on Reconstruction reported a bill to admit the State of Alabama to representation in Congress, as 80on as the Legislature, then recently elected, shall have duly ratified the XlVth Amendment, for which a substitute was offered by Mr. Spald- ing, making the constitution recently framed the fundamental law for a provisional government, also providing that the officers elected at the recent election should qualify on the 1st of May, 1868, and enter on their duties; and the Gov- ernor was authorized to convene the Legislature recently elected, who were given authority to submit said constitution for ratification, with such amendments as a majority of the Legisla- ture may adopt. It was further provided that, whenever the people, by a majority vote of the electors of Alabama, qualified under the act of Congress of March 23, 1867, to vote for dele- gates to frame a constitution, and actually voting upon said ratifix;ation, shall have ratified a constitution submitted as aforesaid, and the Legislature of the proposed State organization shall have adopted the amendment to the Con- stitation of ths Duited States proposed by the Thirty-Ninth Congress, and known as Article XIV, the constit-ation of Alabama may be pre- sented to Congress for its approval. This substitnta was agreed to — yeas 77, nays 55, as follow : Yeas — Jfpssrp.Amc-g Anderson, Delos R.Ashley, James M. A ihley, Bakfr, Baldwin, Banks, Beatty, Benjamin, Bromwell, lirooinall, Churchill, Sidney Clarke, Coburn, Cook, Covode, C'uUom, Dawes, Dixon, Dodge, Driggs, Eckley, Eggicston, Eliot, Perriss, Ferry, Halsey, Haw- kins. Hill, Hopkins, Hunter, Ingersoli, Judd, Julian, K'^Ucy, Ketcham, Koontz, Laflin, William Lawrence, Loan, Loughridge. M.aynard, McClurg, Mctfcur, Moore, Moorhead, IMorrcll, Mullins, Myers, Nunn, O'Neill, Orth, Poland, Polf^lfv, I'omoroy, Price, Raum, Sawj-cr, Seofield. Shanks. Smith. Spaldins, Thaddeus Stevens, T.iffe, Twichell, Upson, Bait Van Horn, Robert T. V.an Horn, Ward, Ellihu B. Washburne, William B. Wash- burn, Welker, Thomas Williams, James F. Wilnon, John T. Wilson, Stephen P. Wilson, Woodbridge— 77. Nats— Messrs. Adams, ArnelJ, Bailey, Beaman, Beck, Bingham, Blaine, Boutwell, Brooks, Buckland, Burr, Carji, Eldridge, Farnsworth, Fields, Fox, Glossbrenner, Golladai/,GTa.ve]y, Qrovcr, ITaight, Ilobnan, Richard D. Hubbard, Hulburd, Humphrc'/, JalniKon, Jones, Kerr, Knott, Lincoln, Mallory, Marshall. iMillcr, Miingen, New- comb, Niblaek, Nicholson, Paine, Perham, Peters, Pile, Plants, Pruyn, Ross, SiUjreavcs, Taher, Taylor, Thomas, John Trimble, Lawrence S. Trimble, Van Auken, Van Trump, Van Wyck, Windom, Woodward — 55. The bill then passed — yeas 102, nays 29; the nays all Democrats, including Mr. Cary. The bill was not taken up in the Senate. The Arkansas Bill. During the pendency of the bill admitting the State of Arkansas to representation, in the Senate as in Committee of the Whole — 1868, June 1 — Mr. Hendersoa moved this as a substitute for Mr. Drake's "fundamental condi- tion," previously noticed (page 337 : ) That said State, in fixing the qualifications of electors therein, shall not be authorized to dis- criminate against any person on account of race, color, or previous condition ; and also, on the further condition, that no person on account of race or color shall be excluded from the benefits of education, or be deprived of an equal share of the moneys or other funds created or used by public authority to promote education in said State. Which was disagreed to — yeas 5, nays 30, as follow : Yeas— Messrs. Buckalew, Doolittle, Henderson, Hen- dricks, Ross — 5. Nats — Messrs. Bayard, Cameron, Cattell, Chandler. Cole, Conkling, Cortiett, Drake, Ferry, Prelinghuysen, Harlan, Howe, Johnson, McCreery, Morrill of Maine, Morrill of Vermont, Nye, Patterson of Tennessee, Pom- eroy, Ramsey, Stewart, Thayer, Tipton, Trumbull, Van Winkle, Vickcrs, Wade, Willey, Williams, Yates— 30. The amendment of Mr Drake was then agreed to — yeas 26, nays 14, as follow : Yeas— Messrs. Cameron, Cattell, Chandler, Cole, Conkling, Cragin, Drake, Fessenden, Frelinghuyscn Harlan, Henderson, Howe, Johnson, Jlorrill of Blaine, Morrill of Vermont, Nye, Patterson of New Hampshire Ramsey, Stewart, Surnner, Thayer, Tipton, Trumbull, Wade, Wilson, Yates— 26. Nats — Messrs. Bayard, Buckalew, Corbett, Doolittle. Perry, Fowler, Hendricks, McCrccry, Patterson of Ten- nessee, Ross, Van Winkle, Vickers, Willey, Willianid —14. Mr. Hendricks moved to strike out all of tho preamble and bill after the enacting clause, and insert : " That the State of Arkansas is herebv declared restored to her former proper practii'al relations to the Union, and is again entitled to be represented by Senators and Representa- tives in Congress." Which was disagreed to — yeas 15, nays 26, as follow : Yeas — Messrs. Bayard, Buckalew. C(irbett, Doolittle, Ferry, Fowler, Hendricks, Johnson. McCreery. Patterson of New Hampshire, Patterson of Tennessee, Ross, Van Winkle, Vickcrs, Willey — 15. Nats— Messrs. Cameron. Cattell, Chandler, Cole., Conkling, Cragin, Drake, Fessenden, Prelinffhuysen, Henderson, Howe, Blorrill of Maine, Morrill of Ver- mont, Nye, Pomerov. Ramsev, Sherman, Stewar^ Sum- ner, Thayer, Tiptou,'Truml:-^Jl, Wade, AVilliams, Wilson. Yates— 26. 340 POLITICAL MANUAL. TLe bill being then reported to the Senate, Mr. Ferry offered an amoiidment to strike out all after the enactinr^ clause, and insert the words : " That the State of Arkansas is entitled and admitted to representation in Congress as one of the States of tlie Union." Which was disagreed to — yeas 18, nays 22, as follow : Yeas — Messrs. Bayard, Buckalcw, ConklinR, Corbett, DoolitUe, Ferry, Fessenden, Hendricks, McCreery, Pat- terson of New Hampshire. Patterson of Tennessee, RoSH, Sauhbury, Trumbull, Van Winkle, Vickerti, Wil- ley, Williams— IS. Nats— Messrs. Cameron, Cattell, Chandler, Cole, Cra- fin, Drake, Frelinshuysen, Harlan, Henderson, Howe, lorrill of Vermont. Nye, Pomeroy, Ramsey, Sherman, Stewart, Sumner, Thayer, Tipton," Wade, Wilson, Yates The bill then passed — yeas 34, nays S, as fol- lows: Yeas— Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Corbett, Crasin. Drake, Edmunds, Fes- senden, Frelinghuysen. Harlan, Henderson, Howe, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire. Pomeroy, Kamsey, Ross, Sherman, Stewart, Sumner, Thayer, Tipton, Trumluill, Van Win- kle, Wade. Willey, Williams, Wilson, Yates— 34. Nays — Messrs. Bayard, Buckalew, DoolitUe, Hendricks, McOreery, Pattersono{Tennessee, Saulsbury, Vickers — 8. The Bill to Admit North Carolina, South Caro- lina, Louisiana, Georgia, Alabama, and Flor- ida to Representation in Congress, In this bill, as originally passed by the House, May 14, this provision was inserted at the close of the first section : So much of the seventeenth section of the fifth article of the constitution of tiie State of Geor- gia as gives authority to Legislatures or courts to repudiate debts contracted prior to the 1st day of June, 1865, and similar provisions in all other of the constitutions mentioned in this bill, shall be null and void as against all men who ■were loyal during the whole time of the rebel- lion, and who during that time supported the Union, and they shall have the same rights in the courts and elsewhere as if no rebellion had ever existed. This section was agreed to — yeas 79, nays 50, as follow : Yeas — Messrs. Adams, Ames, Anderson, Arnell, James M. AsWey, Beaman, Beatty, Benjamin, Benton, Blair, Bromwell, Broomall, Buckland, Cake, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Donnelly, Driggg, Eckley, Eggleston, Farnsworth, Fields, Grave- ly, Harding, Higby, Hill, Holman, Hooper, Hopkins, Chester D. Hubbard, Hunter, Julian, Kelley, Kelsey, Kitchen, Koontz, George V. Lawrence, William Law- renoe. Loan, Loughridge, Marvin, MeCartliy, McClurg, Miller, Morrell, Mvers, Noweomb, Niiiin, t)'Neill, Ortli, Perhain, Peters, Plants, Polsley, Price, Raum, Robert- son, Sawyer, Shanks, Smith, Tluiddeus Stevens, Stavart, Stokes, Taffe, Thomas, .Tohn Trimble. Trow- bridge, Twiohell, Upson, Van Wyek, Waid. Walker, "William Williams, Stephen F. Wilson, Windom, Wood- bridge, Woodirard — 70. Nays — Messrs. Allison, D"los R. Ashlej', Bailey, Baker, Banks, Bingh.am, Boutwell, Bo'^rr, f^ullom. Ela, Eldridtje, Eliot. Ferriss, Ferry, Garfield. Getz, Gloss- brenner, GoUadaxi, Graver, Ingersoll, Johnson. Judd, Kerr, Kotcham, Knott, Lallin. Lincoln. Logan. Mallory, McCormirk, Ploorc, Morgan, Munijen, Kiblack, Aicliolson, Paine, Pile, Prut/n. Pandnll. Rom, Snhcnek, Sitrjrcavcs, Varon F. Stevens, Tavlor. Van Auken,nnrt\an Horn, Van Trionp, Ellihu J!. Waslil)urne, Henry D. Wash- bum, William B. WiisUburn— .JO. A motion by Mr. Woodbridge to strike "Ala- bama" from the bill, was disagreed to — yeas 60, nays 74, as follow : Yeas— Messrs. Delos R. Ashley, Baker. Baldwin, Beck, Blair, Boyer, Brooke, Burr, Coburn, Driggs, Eld- ridge, Ferry, Garfield, Getz, Glossbrcnner, GoUodaii, Gro vet, Hawkins, Higby, Hopkins, HotchkUs, Humphrey, Ingersoll, Jenckes, Johnson, Julian, Kerr, Ketcliam, Knott, George V. Lawrence, Loan, Marshall, Miwv'm, MeCormiek, Morgan. Mungen, Jlyers, Niblack, Nicholson, Ortli, Phelps, Poland, Prnyn, Randall, Robert.son. Rob- inson, Ross, Sawyer, Sitgreaucs, Smith, Stewart, Stone, Taylor, Van Auiien, Van Trump, Ward, KlUhn li.\Vi\?h- buriie, William B. Washburn, Woodbridge, Wood- ward — GO. Nays — Messrs. Allison, Ames, Anderson, Arnell. Jame.s M. Ashley, Bailey, Beaman, Beatty, Benjamin, Benton, Bingham. Boutwell, Bromwell, feroomal" 'Auckland, Reader W. Clarke. Sidney Clarke, Cobb, Covoop Cul- lom, Eeklev, Ela, Farnsworth, Ferriss, Fi*.<^.*, v^rfcively, Harding. Chester D. Hubtiard, Hunter, Judd, Kelley, Kelsey, Kitchen, Koontz, William Lawrence, Lincolii, Loughridge, Mallory, McCarthy, McClnrg, Miller, Moore, Morrell, Newcomb, Nunn, O'Neill, Paine, Per- ham, Peters, Pike, Pile, Plants, Polsley, Price, Raum, Sehenek, Seofleld, Shanks, Aaron F. Stevens. Thaddeua Stevens, Stokes. Tatfe, Thomas, John Trimble, Trow- bridge, Twichell, Upson, Burt Van Horn, Van Wyek, Henry D. Washburn, Welker, William Williams, Ste- phen F. Wilson, Windom— 74. In Senate. June 2 — The bill was reported with amend- ments. As reported it excluded Alabama, and added Florida. June 9 — Mr.Wilson moved to insert Alabama; which was agreed to — yeas 22, nays 21, as fol- low : Yeas — Nessrs. Anthony, Chandler, Conness, Corbett, Ferry, Fowler, Harlan, Morrill of Maine, Blorton, Nye, Pomeroy, Ramsey, Sherman, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, Willey, Williams, Wilson —22. Nays — Messrs. Bayard, Buckale^v, Cole, Conkling, Da- rn, Doolittlc, Edmiinds, Fessenden, Frelinghuysen, Hendricks, Howard, Wovie, Johnson. il/cC^'Ct'r'y, 'Morgan, Morrill of Vermont, Patterson of Tennessee, Saulsbury, Trumbull, Vickers, Yates — 21. June 10 — Mr. Sherman moved to strike from the first section the words : And the State of Georgia shall only be enti- tled and admitted to representation upon this further fundamental condition : that the first and third subdivisions of section seventeen of the fifth article of the constitution of said State, exce[(t tlie proviso to the first subdivision, shall be null and void, and that the general assem- bly of said State, by solemn public act, sliall declare the assent of the State to the foregoing fundamental condition. Which was disagreed to — yeas 8, nays 35, aa follow : Yeas — Messrs. Cameron, Ferry, Howe, Ramsey, Sher- man, Thayer, Williams, Wilson — 8. Nays — IS'lessrs. Anthony, Buckalew, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Davis, Drake, Ed- munds, iPessenden. Frelinghuysen, Harlan, Hendricks, Howard, Johnson, McCreery, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Patterson of Tenneksee, Ross, Saulsbury, Sumner. Tipton. Trumbull, Van Winkle, Vickers, Wade, Willey, Yates— 35. Mr. Williams moved to strike out of the first section all after the words "fundamental condi- tion," and insert as follows: That so much of the seventeenth section of the fifth article of the constitution of the Stale of Georgia as suspends the collection of debts contracted prior to the 1st day of June, 1SG5, shall be void as against all persons who were loyal during the late rebellion, and who, during that time, supported the Union. Which was rejected. Mr. Williams moved to insert this clause after the word "same" in the third section, and bo- fore what is now the last clause of the bill : RECONSTRUCTION MEASURES. 541 And thereupon the officers of each State, duly elected and qualified under the constitution thereof, shall be inaugurated without delay ; but no person prohibited from holding office under the United States, or under any State, by section three of the proposed amendment to the Consti- tution of the United States, known as article fourteen, shall be deemed eligible to any office in either of said States. The first clause of the amendment, closing with " delay,'' was agreed to — yeas 23, nays 18, as follow : Ybm — Messrs. Cameron, Chandler, Conness, Corbett, Craain, Drake, Edmunds, Howard, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton,- Wade, Williams, Wilson, Yates— 23. Nays — Messrs. Bauard, Buckalew, Cole, Conkling, Davis, Fowler, Frelinghuysen, Harlan, Hendricks, Mc- Creeri/, Morgan, Pattercon of Tennessee, Ross, Sauls- 6ur!/, 'Trumbull, Van Winkle, Vickers, Willey— 18. The second clause was agreed to — yeas 26, nays 15, as follow : Yeas— Messrs. Cameron, Chandler, Cole, Conness, Corbett, Cra.cin, Drake, Harlan, Howard, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, Willey, Williams, Wilson, Yates— 26. Nays- Messrs. Bayard, Buckalew, Conkling, Davis, Edmunds, Fowler, Frelinghuysen, Hendricks, McCreery, Morgan, Patterson of Tennessee, Ross, Saulsbury, Trumbull, Vickers — 15. Mr. Trumbull moved to strike out " Alabama," which had been inserted in Committee of the Whole ; which was disagreed to — yeas 16, nays 24, as follow : Yeas — Messrs. Bayard, Buckalew, Conkling, Davis, Edmunds, Frelinghiiysen, Hendricks, Howe, McCreery, Morgan, Morrill of Vermont, Patterson of Tennessee, Sautibury, Trumbull, Vickers, Yates — 10. Nays— Messrs. Cameron, Chandler, Conness, Corbett, Cragin, Drake, Ferry, Harlan, Morrill of Maine, Mor- ton, Nye, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thaver, Tipton, Van Winkle, Wade, Willey, Williams, Wilson— 24. Mr. Conkling offered the following additional proviso : And the State of Alabama shall be entitled and admitted to representation only upon this further fundamental condition : that section twenty -six of the first article of the constitution of said State, except so much thereof as makes navigable waters public highways, shall be null and void, and that the general assembly of said State, by a solemn public act, shall declare the assent of the State to the foregoing fundamental condition. Which was disagreed to — yeas 16, nays 23, as follow: Yeas — Messrs. Anthony, Buckalew, Conkling, Corbett, Edmunds, Frelinghuysen, Hendricks, Howe, McCreery, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of Tennessee, Ross, Vickers — 16. Nays — Messrs. Chandler, Cole, Conness, Cragin, Drake, Ferry, Harlan, Howard, Morton, Pomeroy, Ramsey, Saulsbury, Sherman, Stewart, Sumner, Thayer, I ipton, Van Winkle, Wade, Willey, Williams, Wilson, Yates— 23. Mr. Williams offered to add to his amendment F adopted above, the words : " Unless relit-ved from disability, as provided in said amendment;" which was agreed to. The bill then passed — yeas 31, nays 5 ; as fol- low: Yeas — Messrs. Anthony, Cameron, Chandler, Cole, Conkling, Conness, Cragin, Drake, Ferrj-, Frelinghuy- sen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hamp- shire, Pomeroy. Rarnsey, Ross, Sherman, Stewart, Sum- ner, Thayer, Tipton, Trumbull, Wade, Williams, Wil- son, Yates — 31. Nays — Messrs. Bayard, Buckalew, McCieery, Patterson of Tennessee, Vickers — 5. In House. June 12 — The Committee on Reconstruction recommended concurrence in the Senate amend- ments. Mr. Farnsworth moved to strike Florida from the bill ; which was disagreed to — yeas 45, nays 99, as follow : Yeas — Messrs. Archer. Axtell, Barnes, Beck, Bayer, Bromwell, Brooks, Burr, Cobb, Eldrid^e, Eliot, Farns- worth, Getz, Glossbrenner, Oolladay, Grover, Harding, Holman, Hopkins, Hotchkiss, Julian, Knott, Marshall, Maynard, McCormick, McCullough, Morrissey, Nlblack, Nicholson. Paine, Phelps, Pike, Priee, Randall, Robinson, Sawyer, Stewart, Stone, Taber, Taffe, Lawrence S. Trim- ble, ^Van Auken, Van Trump, Ellihu B. Washburne, Woodward — 15. Nays — Messrs. .Mlison, Ames, Delos R. Ashley, James M. Ashley, Bailey, Baker, Baldwin, Banks. Beaman, Beatt}', Benjamin, Benton, Bingham, Blaine, Blair, Broomall, Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Coburn, Cook, Cornell, Co- vode, CuUom, Dawes, Delano, Dixon, Dodge. Donnelly, Driggs. Eckley, Eggleston, Ela, Ferriss, Ferry, Fields, Garfield, Gravely, Griswold, Halsey, Hawkins, Higby, Chester D. Hubbard. Hulburd, IngersoU, Judd, Kelsey, Keteham, Kitchen, Koontz, Laflin, Lincoln, Loan, Lo- gan, Loughridge, Lynch, Blallory, Marvin, McClurg, Slercur, Miller, Moore, Morrell, Mullins, Myers, New- comb, O'Neill, Pile, Plants, Polsley, Pomeroy, Raum, Robertson, Schenck, Scofield. Selye, SlieJlabarger, Spalding, Starkweather, Aaron F. Stevens. Stokes, Tay- lor, Thomas, John Trimble, Trowbridge, Twichell, Up- son, Van Aernam, Robert T. Van Horn, Ward, Henry D. Washburn, William B. Washburn, Welker, William Williams, John T. Wilson, Windom— 99. The amendments were then concurred in — yeas 111, nays 28 ; as follow: Yeas — Messrs. Allison, Ames, Delos R. Ashley, James M. Ashley, Bailey, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, Blaine, Blair, Bromwell, Broomall, Buckland, Butler, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Dawes, Delano, Dixon, Dodge, Donnelly, Driggs, Eck- ley, Eggleston, Ela, Eliot, Ferriss, Ferry, Fiefds, Gar- field, Gravely, Griswold, Halsey, Harding, Hawkins, Higby, Hopkins, Chester D. Hubbard, Hulburd, Inger- soU, Judd, Julian, Kelsey, Keteham, Kitchen, Koontz, Laflin, Lincoln, Loan, Logan, Loughridge, Lynch, Mal- lory, Marvin, Maynard, McClurg, Mercur, Miller, Moore. Morrell, Mullins, Myers, Newcomb, O'Neill, Paine, Pe- ters, Pike, Pile, Plants, Polsley, Pomeroy, Price, Raum, Robertson, Sawyer, Schenck, Scofield. Selye, Sheila- barger, Spalding, Starkweather, Aaron F.Stevens, Stew- ard, Stokes, Tafle, Taylor, Thomas, John Trimble, Trow- t)ridge, Twichell, Upson, Van Aernam, Robert T. Van Horn, Ward, Ellihu B. Washburne, Henry D. Wash- burn, William B.Washburn, Welker, William Williams, John T. Wilson, Windom— 111. Nays — Messrs. Archer, Axtell, Barnes, Boyer, Brooks, Burr. Eldridge, Getz, Glossbrenner, Golladay, Grove-, Holman, Hotchkiss, Marshall, McCormick, McCullough, Morrissey, Niblack, Nicholson, Phelps, Randall, Robinson, Stone, Taber, Lawrence S. Trimble, Van Auken, Vam Trump, Woodward — 28. xxx. PRESIDENT JOHNSON'S PROCLAMATIONS AND ORDERS.* Enjoining Obedience to the Constitution and Laws, September 3, 1867. Whereas, by the Constitution of the United States, the executive power is vested in a Presi- dent of the United States of America, who is bound bv solemn oath faithfully to execute the office of" President, and to the best of his ability to preserve, protect, and defend the Constitution of the United States, and is by the same instru- ment made Commander-in-Chief of the army and navy of the United States, and is required to take care that the laws be faithfully executed ; And whereas, by the same Constitution, it is provided that the said Constitution and the laws of the United States which shall be made in pursuance thereof shall he the supreme law of the land, and the judges in every State shall be bound thereby ; And whereas in and by the same Constitution the judicial power of the United States is vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish, and the aforesaid judicial power is declared to extend to all cases in law and equity arising under the Constitution, the laws of the United States, and the treaties which shall be made under their authority ; And whereas all officers, civil and military, are bound by oath that they will support and defend the Constitution against all enemies, for- eign and domestic, and will bear true faith and allegiance to the same ; And whereas all officers of the army and navy of the United States, in accepting their commis- sions under the laws of Congress and the rules and articles of war, incur an obligation to ob- serve, obey, and follow such directions as they shall from time to time receive from the Presi- dent or the General, or other superior officers set over them, according to the rules and discipline of war ; And whereas it is provided by law that when- ever, by reason of unlawful obstructions, combi- nati'^ns, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President of tiie United States, to enforce, by the ordinary course of iudicial proceedings, the laws of the United States within any State or Territory, the Exec- utive in that case is authorized and required to secure their faithful execution by the employ- ment of the land and naval forces ; And whereas impediments and obstructions, serious in their character, have recently been interposed in the States of North Carolina and South Carolina, hindering and preventing for a time a proper enforcement tliere of the laws of the Unitea States, and of the judgments and decrees of a lawful court thereof, in disregard * For other proclamations and orders, see pap;c8 7-18 of the Manual of 180G, and pagos 08-7t of the Manual of 1867 or 104-200 of the '.ombined Manual. of the command of the President of the United States ; And whereas reasonable and well-founded apprehensions exist that such ill-advised and unlawful proceedings may be again attemj)ted there or elsewhere : Now. therefore, I, Andrew Johnson, President of the United States, do hereby warn all persons against obstructing or hindering in any manner whatsoever the i'aithful execution of the Consti- tution and the laws; and I do solemnly enjoin and command all officers of the Government, civil and military, to render due rz'^mission and obedience to said laws, and to the judgments and decrees of the courts of the United States, and to give all the aid in their power necessary to the prompt enforcement and execution of such laws, decrees, judgments, and processes. And I do hereby enjoin upon the officers of the army and navy to assist and sustain the courts and other civil authorities of the United States in the faithful administration of the lawa thereof, and in the judgments, decrees, mandates, and processes of tlie courts of tlie United States ; and I call upon all good and well-disposed citi- zens of tlie United States to remember that upon the said Constitution and laws, and upon the judgments, decrees, and processes of the court?) made in accordance with the same, depend the protection of the lives, liberty, property, and happiness of the people. And I exhort tliem everywhere to testify their devotion to their country, their pride in its prosperity and great- ness, and their determation to upliold its free in- stitutions by a hearty co-operation in the efforts of the Government to sustain the authority of the law, to maintain the supremacy of the Fed- eral Constitution, and to preserve unimpaireiJ the integrity of the National Union. In testimony whereof, I have caused the seal of the United States to be affixed to these pre- sents, and sign the same with my hand. Done at the city of Washington the 3d day of [l. s.] September, in the year 1S67. -D ,, T) -J L Andrew Johnson. By the President : Wm. H. Seward, Secretary of State. Extending Full Pardon to Certain Persons who were Engaged in the late Rebellion, Septem- ber 7, 1867. Whereas, in the month of July, anno Domini 18G1, the two houses of Congress, with extra- ordinary unanimity, solemnly declared that tho war then existing was not waged on the part of the Government 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 the States, hut to defend and maintain the supremacy of the Constitution, and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired, and that as soon as these objects should be accomplished the war ought to cease ; 82 RECONSTRUCTION MEASURES. 343 And whereaa the President of the United States, on the eiglith day of December, anno Domini 1863, and on the twenty-sixth day of March, anno Domini 1864, did, with the objects of suppressing the then existing rebellion, of inducing all persons to return to their loyalty, and of restoring the authority of the United States, issue proclamations offering amnesty and pardon to all persons who had directly or indi- rectly participated in the then existing rebellion, except as in those proclamations was specified and reserved ; And whereas the President of the United States did, on the twenty-ninth day of May, anno Domini 1865, issue a further proclamation with the same objects before mentioned, and to the end that the authority of the Government of the Untted States might be restored, and that peace, order, and freedom might be established, and the President did, by the said last- mentioned proclamation, proclaim and declare thac he thereby granted to all persons who had directly or indirectly participated in the then existing rebellion, except as therein ex cepted, amnesty and pardon, with restoration of all rights of property, except as to slaves, and except in certain cases where legal proceedings had been instituted, but upon condition that such persons should take and subscribe an oath therein prescribed, which oath should be regis- tered for permanent preservation; And whereas, in and by the said last-mentioned proclamation of the twenty-ninth day of May, anno Domini 1865, fourteen extensive classes of persons, therein specially described, were alto- gether excepted and excluded from the benefits thereof ; And whereas the President of the United States did, on the second day of April, anno Domini liiQ6, issue a proclamation declaring that the insurrection was at an end, and was thenceforth to be so regarded ; And whereas 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, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, Florida, and Texas, and the laws can be sustained and enforced therein by the proper civil authority. State or Federal, and the people of said States are well and loyally disposed, and have conformed, or, if permitted to do so, will conform in their legislation to the condition of affaire growing out of the amend- ment to the Constitution of the United States prohibiting slavery within the limits and juris- diction of the United States ; And whereas there no longer exists any rea- Eonable ground to apprehend, within the States which were involved in the late rebellion, any renewal thereof, or any unlawful resistance by the people of said States to the Constitution and laws of the United States ; And whereas large standing armies, military occupation, martial law, military tribunals, and the suspension of the privilege of the writ of habeas corpus and the right of trial by jury, 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 sanc- tioned or allowed, except in cases of actual neces- sity for repelling invasion, or suppressing insur- rection or rebellion ; And whereas a retaliatory or vindictive policy, attended by unnecessary disqualifica- tions, pains, penalties, confiscations, and dis- franchisements, now, as always, could only tend to hinder reconciliation among the people and national restoration, while it must seriously embarrass, obstruct, and repress popular ener- gies and national industry and enterprise ; And whereas, for these reasons, it is now deemed essential to the public welfare, and to the more perfect restoration of constitutional law and order, that the said last-mentioned pio- clamation, so as aforesaid issued on the 29th day of May, A. D. 1865, should be modified, and that the full and beneficent pardon conceded thereby should be opened and further extended to a large number of the [lersons who, by its afore- said exceptions, have been hitherto excluded from executive clemency: Now, therefore, be it known that I, Andrew Johnson, President of the United States, do hereby proclaim and declare that the full pardon described in the said jiroclamation of the 29th day of May, A. D. 1865, shall henceforth be opened and extended to all persons who, directly or indirectly, participated in the late rebellion, with the restoration of all privileges, immuni- ties, and rights of property, except as to proper- ty with regard to slaves, and except in cases of legal proceedings under the laws of the United States; but upon this condii-ion, nevertheless : that every such person who shall seek to avail himself of tliis proclamation shall lake and sub- scribe the following oath, and shall cause the same to be registered for permanent preserva- tion, in the same manner and with the same effect as with the oath prescribed in the said proclamation of the 29th day of Maj', 1865, namely : " I, , do solemnly swear, (or affirm,) in presence of Almighty God, that I will henceforth faithfully support,'proteet, and defend the Constitution of the United States, and the Union of the States thereunder ; and that I will, in like maimer, abide by and faithfully support all laws and proclamations which have been made during the late rebellion with reference to the* emancipation of slaves : So help me God." The following persons, and no others, are ex- cluded from the benefits of this proclamation, and of the said proclamation of the twenty-nintb day of May, 1865, namely : First. The chief or pretended chief executive oflicers, including the President, Vice President, and all heads of departments of the pretended Confederate or rebel Government, and all who were agents thereof in foreign States and coun- tries, and all who held, or pretended to hold, in the service of the said pretended Confederate Government, a military rank or title above tha grade of brigadier general, or naval rank or title above that of captain, and all who wera or pretended to be Governors of States, while maintaining, aiding, abetting, or submitting, to and acquiescing in the rebellion. Second. All persons who in any way treated otherwise than as lawful prisoners of war per- sons who in any capacity were employed or en- 344 POLITICAL MANUAL. gaged in tlie military or naval service of the Jnited States. Third. All persons who, at the time they may seek to obtain the benefits of this proclamation, are actually in civil, military, or naval confine- ment or custod}', or legally' held to bail, either before or after conviction, and all persons who were engaged directly or indirectly in the assas- Fination of the late President of the United States, or in any plot or conspiracy in any man- ner therewith connected. In testimony whereof, I have signed these presents with my hand, and have caused the seal of the United States to be hereunto affixed. Done at the city of Washington, the seventh day of September, in the j'ear of our Lord one thousand eight hundred and [seal.] sixty-seven, and of the Independence of the United States of America the ninety-second. Andrew Johnsok. By the President: William H. Sewaed, Secretary of State. Of General Amnesty, July 4. 1868. Whereas in the month of July, A. D. 1861, in accepting the condition of civil war, which was brought about by insurrection and rebellion in several of tlie States which constitute the United Slates, the two houses of Congress did solemnly declare tliat the war was not waged on the part of the Government in any spirit of oppression, nor for any purpose of conquest or subjugation, nor for any purpose of overthrowing or interfering with the rights or established institutions of the States. but only to defend and maintain the supremacy of the Constitution of the United States, and to preserve the Union with all the dignity, equality, ami rights of the several States unimpaired; and that so soon as these objects should be ac- accornplished, the war on the part of the Govern- ment should cease; And whereas the President of the United States has heretofore, in the spirit of that decla- ration, and with the view of securing for it ulti- mate and complete effect, set forth several proc- lamations, offering amnesl}' and pardon to persons who had been or were concerned in the aforesaid rebellion, which proclamations, however, were attended witli ]irudential reservations and excep- tions, then deemed necessary and proper, and which proclamations were respectively issued on tho 8tli diiy of December, 1863, on tlie 26th day of March, 1804, on the 29th day of May, 1865, and on the 7th. day of September, 1867 ; And whereas the said lamentable civil war has long since altogether ceased, with an ac- knowledged guarantee to all the States of the pupremaoy of the Federal Constitution and the Government tliereunder ; and tliere no longer oxists any reasonable ground to apprehend a renewal of the said civil war, or any foreign interference, or ai.y unlawful resistance by any portion of the people of any of the States to the Constitution and laws of the United States ; And wliere;i8 it is desirable to reduce the. standing army, and to bring to a speeily termi- nation mililary occupation, martiwl law, military tribunals, abridgement of freedom 'Of speech andj of the press, and suspension of the privilege of habeas corpus, and the right of trial by jury — such encroachments upon our free institutions in times of peace being dangerous to public liberty, incompatible with the individual rights of the citizen, contrary to the genius and spirit of our republican form of government, and ex- haustive of the national resources; And whereas it is believed that amnesty and pardon will tend to secure a complete and uni- versal estalili.-ihrnentand prevalence of municipal law and order, in conformity with the Constitu- tion of the United States, and to remove all appearances or presumptions of a retaliatory or vindictive policy on the part of the Government' attended by unnecessary disqualifications, pair.a, penalties, confiscations, and disfranchisements: and, on the contiary, to promote and procure complete fraternal reconciliation aniongthe whole people, witii due submission to the Constitution and laws : Now, therefore, be it known that I, Andrew Johnson, President of the United States, do, by virtue of the Constitution and in the name of the people of the United Stales, hereby proclaim and declare, unconditionally and witliout reser- vation, to all and to every person who directly or indirectly participated in the late insurrection or rebellion, excepting such person or persons as may he under firesentment or indictment in any court of the United Slates having competent jurisdiction upon a charge of treason or other felony, a full pardon and amnesty for the offence of treason against the United States, or of ad- hering to their enemies during th« late civil war, with restoration of all rights of property, except as to slaves, and except also as to any property of which any person may have been legally divested under the laws of ihe United Slates. In testimony wherof I have signed these presents with my hand, and have caused the seal of the United States to be hereunto affixed. Done at tlie city of Washington, the fourth day of July, in the year of our Lord one [seal.] thousand eight hundred and sixty-eight, and of the independence of the United States of America the ninety-third. Andrew Joukson. By the President: William H. Seward, Secy of State. Order Respecting the Transaction of Public Business, December 17, 1867. It is desired nnd advised that all communi- cations in writing intended for the executive dej>artment of the Government, and relating to public business, of whatever kind, including suggestions for legislation, claims, contracts, employment, appointments and removals iVora office, and pardons, be transmitted directly, in the first instance, to the head of the department to which the care of the subject-matter ot the communication properly belongs. This regula- tion has become necessary for the more conve- nient, punctual, and regular despatch of the public business. By ord( r of the President : William H. Seward, Secy of StaU. •iVashingtok, December 17 1867. PROCLAMATIONS AKD ORDERS. 345 Correcting an Error of Date in previous Frocla- mation,* October 7, 1867. Whereas it has been ascertained that in the nine- •leentli paragraph of the proclamatio.n of the Presi- dent of the United States, of the 20lh of August, 18G6, declaring the insurrection at an end which had tlieretofore existed in tlie State of Texas, the previous proclamation of the loth of June, 1865, instead of that of the 2d of April, 186G, was re- ferred to. Now, therefore, be it known that I, Andrew Johnson, President of the United States, do hereby declare and proclaim, that the said words " tiiirteenth of June, one thousand eight hundred and sixty-five " are to be regarded as erroneous in the paragraph adverted to, and that the words " second day of April, one thous- and eiglit hundred and sixty-six" are to be considered as substituted therefor. In testimony whereof, I have hereunto set my hand, and caused tbe seal of the United States to be affixed. Done at the city of Washington, this 7th day of October, in the year of our Lord 1867, [seal.] and of the Independence of the United States of America, the ninety-second. Andeew Johnson. By the President : William H. Sewakd, Secy of Slate. Orders Referring to Reconstruction.t [General Orders No. 77.] Headij'ks of Akmy, Adj't Gen's Office, Washington, August 19, 1867. I. The following orders have been received From the President: (For these orders see page 306.) II. In pursuance of the foregoing order of the President of the United States, Major General G. II. Thomas will, on receipt of the order, turn over his jiresent command to the officer next in rank to him.'^elf, and proceed to New Orleans, Louisiana, to relieve Major General P. H. Sher- idan of the command of the fifth military dis- trict. III. Major General P II. Sheridan, on being relieved from the command of the fifiii military dislrict by Major General G. II. Thomas, will jTroceed to Fort Leavenworth, Kansas, and will relieve Major General W. S. Hancock in the command of the department of the Missouri. IV. i'llajor General W. S. Hancock, on being relieved from the command of the department of the Missouri by Major General Slieridan, will I'roceed to Louisville, Kentucky, and will as- sume command of the department of the Cum- berland. V. J\Iajor General G. H. Thomas will continue to execute ull orders he may find in force in the fifth military district at the time of his assuming command of it, unless authorized by the General of the army to annul, alter, or modify them. VI. Major General Slieridan, before relieving Major General Hancock, will report in person at these headquarters. By command of General Grant. E. D. To\rasENQ, A- 4. Q< * Sec page 70 of the Manual for 1807, or page 100 of the comttined Manual for t.he proclamation referred to, •f For previous order see page T.i of Politi<":al Man- ual of 18()7, or page 199 of the combined Manual. [General OrJois No. 81.] Headquarteks of the Ai:jiy, Adjutant Glneeal's Office, Wasuington, August 27, 1867. I. The following orders have been received from the President: (For these orders see page SOS.) II. In compliance with the foregoing instruc- tions of the President of the United States, Major General P. II. Sheridan will, on receipt of this order, turn over his present command to Brevet Major General Charles Griffin, the officer next in rank to himself, and proceed, without delay to Fort Leavenworth, Kansas, and will relieve Major General Hancock in command of the de- partment of the Missouri. Ill On being relieved by Major General Sheridan, Major General Hancock will proceed without delay, to New Orleans, Louisiana, and assume command of the fifth military district, and of the department composed of the States of Louisiana and Texas. IV. Major General George H. Thomas will continue in command of the department of the Cumberland. By command of General Grant. E. D. TOWNSEND, Assistant Adjutant General. Headquarters of the Army, Adjutant General' ' Office, Washington, August 27, 1867. I. The following orders have i)een received from the President: Executive Mansion, Washington, D. ('., August liG, 18G7. Brevet Major General Edward R.S.Canby is liereby assigned to the command of the second military dis- trict, created by the act of Congress of March -A, 18U7, and of the military department of the South, embrac- ins the States of North Caroliiia.and South Carolina. He will, as soon as practicable, relievo Major General Daniel E. Sickles, and, on assuming the command to which he is hereby assigned, will, when necessary to a faith- ful execution of the laws, exercise any and all powers conferred by acts of Congress upon district command- ers, and any and all autirority pertaining to officers in command of milit.ary departments. Major General Daniel E. Sickles is hereby relieved from the command of the second military district. The Secretary of WarndOT^er-int will give t!ie neces- sary instructions to carry this arder into efi'eet. Andrew Johnson. II. In pursuance of the foregoing order of the President of the United States, Brevet Major General Canby will, on receipt of the order, turn over his present command to the officer next in rank to himself, and proceed to Charleston, South Carolina, to relieve Major General Sicklea of the command of the second military district. III. Major General Sickle9,on being relieved, will repair to New York city, and report by let- ter to the Adjutant General. By command of General Grant. E. D. Townsend, Assistant Adjutant General. Headquarters of the Army, Adjutant General's Office, Washington, December 28, 1867. [General Orders, No. 104.] By direction of the President of the United States the following orders are made : I. Brevet Major General E. 0. C Ord will turn over the command of the fourth military din- S46 POLITICAL MANUAL. irict to Brevet Major General A. C- Gillem, and proceed to Sin Francisco, California, to take command of the department of California. II. On being relieved by Brevet Major General Ord, Brevet Major General Irvin Mc- Dowell will proceed to Vicksburg, Mississipjii, and relieve General Gillem in couuiiand of ihe fourili military district. III. Brt'vet Major General John Pope is hereby relieved of the command of the third military district, and will report, without delay, at the headquarters of the army for further orders, turning over his command to the next senior officer until the arrival of his successor. IV. Major General George G. Meade is as- signed to the command of the third military district, and will assume it without delay. The department of the East will be commanded by the senior officer now on duty in it until a com- mander is named by the President. V. The officers assigned in the foregoing order to command of military districts will ex- ercise therein any and all powers conferred by act of Congress upon district commanders, and also any and all powers pertaining to military department commanders. VI. Brevet Major General Wager Swayne, colonel 45lh United States infantry, is hereby relieved from duty in the Bureau of liefugees, Freedmen, aud Abandoned Lands, and will pro- ceed to Nashville, Tennessee, and assume com- mand of his regiment. By command of General Grant. E. D. TOWNSEND, Assisiatit Adjutant General. Headquarters o» the Army, Adjutant General's Office, Washington, Jane 30, 1868. [(Jeneral Orders No. 33.] By direction of the President of the United States, the following orders are made: I. Brevet Major General Irvin McDowell is relieved from tlie command of the fourth mili- tary district, and will report in person, without delay, at the War Department. II. Brevet Major General Alvan C. Gillem is assigned to the command of the fourth military district, and will assume it witliout delay. By command of General Grant E. D. Townsend, a. a. O. Establishing a now Military Division, February 12, 1868. [General Orders No. 10.] HEADQU.'i.RTERS OF THE ArMY, Adjutant General's Office. Washington, Feb. 12, 1868. The following order.s are published for the in- formation and guidance of all concerned : ExKcuTivE Mansion, Washington, D. C, Fchruar;/ 12, 18G8. Genkral: You will iileaso issue an ordor croating a military division, to ho called tho military division of till! Atliintic, to bo composed of tho department of tho I.aUo.s, the department of tho East, and the depart- ment of Washington, and to ho commanded hy Lieu- tenant General William T. Sherman, with his head- quarter* at Washington. Until further orders from the Pieside.it. yu will .'is- sign no ofticer to the permanent comnuind of »lio mil- itary division of the Missouri. Kespectl'iiUy yours, AxDunw Joh.nson. General U.S. Grant, Commd'g Armies of United States, Washington, D. C Major General P. II. Sheridan, tho senior offi- cer in the military division of the Missouri, will temporarily perform the duties of commander of the military division of the Missouri, in addi- tion to his duties of departniint commander. By command of General Grant. E. D. Townsend, Assistant Adjutant General. February 13 — The President nominated Lieut. General Sherman for the brevet rank of general, for distinguished gallantry, skill, and ability during the war of the rebellion, to which be responded, as follows : St. Louis, February 14, 1868. Hon. John Sherman. Oppose confirmation of myself as brevet gene- ral, on ground that it is unprecedented and that it is better not to extend the system of brevets above major generals. If I can't avoid coming to Washington, I may have to resign. W. T. Sherman, Lieutenant General. February 19 — The President relieved Lieat. General Sherman from this order. February 21 — Tlie President nominated Major General George H. Thomas as brevet lieutenant general and brevet general, with supposed reference to this command; whereupon General Thomas declined in these terms: Louisville, February 22, 1868. Hon. B. F. Wade, President of the Senate. The morning papers of Louisville announced officially that my name was yesterday sent to the Senate for confirmation as brevet lieuten- ant general and brevet general. For tho bat- tle of Nashville I was app( nted major general United States army. My s( rviees since the war do not merit so high a compliment, and it is now too late to be regarded as a compliment if con- ferred for services during the war. I, therefore, earnestly request that the Senate will not confirm the nomination. Geo. H. Thomas, Major General March 28 — Major General Hancock was as- signed as follows : [General Orders No. 17.] Headquarters of the Army, Adjutant General's Office, Washington. March 2S, ISfiS. By direction of the President of the United States, Major General W. S. Hancock is relieved from command of the filth military distri;t and assigned to command of the military d'T'«iou of the Atlantic, created by General Orders No. 10, of February 12, 1868. By commaml of General Grant. ' E. D. TownsenI', Asiisiant Adjutant Gent v-l. MEMBERS OF THE CABliNET OF PRESIDENT JOHNSON, A^'P OF THE FORTIETH CONGRESS. PRESIDENT JOHNSON'S CABINET. Secretary of State — William H. Seward, of New York. Secretary of the Treasury — Hugh McCaLLocn, of Indiana. Secretary of War — John M. Schofield, of New York, from June 1, 1863, vice Edwin M. Stanton, of Ohio, who was suspended by the President, August 12, 1867, when General Ulysses S. Gkant was appointed Secretary of War ad interim, and served iVom tliat date to January 14, 1868, at wliich time iie vacated the ofScc, and Mr. Stanton resumed the func- tions thereof, the Senate having on the pre- vious evening voted a nun-concurrence in the said suspension. Mr. Stanton remained in the ofEce till May 26, when he " relinquished charge." Secretary of the Navy — Gideon Welles, of Con- necticut. Postmaster General — Alexander W. Randall, of Wisconsin. Secretary of the Interior — Oeville II. Brown- ing, of Illinois. Attorney General — vice Henry Stanbery, of Kentucky, who resigned, March 12, 1868, to act as one of the President's coun- sel, Mr. Secretary Browning having been the same day appointed Acting Attorney General. (Mr. Stanbery was nominated for re-appoint- ment, after the trial, but the Senate rejected the nomination.) MEMBERS OF THE FORTIETH CONGRESS. Adjourned sessions of First Session — July 3-20, November 21-December 2, 18("7. Second Ses- sion, December 4, 1867-July , 1863. Senate. Benjamin F. Wade, of Ohio, President of the Senatt, and Acting Vice President. George C. Gorliam. of Caliiornia, Secretary, horn June 6, 1868, vice John W. Forney, of Penn- sylvania, resigned. Maine — Lot M. Morrill, William Pitt Fessenden. JVcw Hampshire — Aaron II. Cragin, James W. Patterson. Vermont — George F Edinnnds, Justin S. Morrill. Massachusetts — Charles Sumner, Henry Wilson. Rhode Island — William Sprague, Henry B An- thony. Connecticut — James Dixon, Orris S. Ferry. New York — Edwin D. Morgan. RoscoeConkling. New Jersey — Frederick T. Frelinghuysen, Alex- ander G. Cattell. Pennsylvania — Charles P*,. Buckalew, Simon Cameron. ' Delaware — James A. Bayard,* Willard Sauls- bury. *Qualifiofl .\pril 11, Isr.T, at special .session, in place of George Read Riddle, deceased. Maryland— Rev er(]y Johnson, George Vickers.* Ohio — Benjamin F. Wade, John Sherman. Kentucky — Garrett Davis, ThomasC McCreery.-f Tennessee — David T. Patterson. Jos(»ph S. Fowler Indiana — Thomas A. Hendricks, Oliver P. Mor- ton. Illinois — Richard Yates, L_^, man Trumbull. Mi'soun — John B. Henderson, Charles D. Drake. Arkansas^ — Alexander McDonald, Benjamin F. Rice. Michigan — Zachariah Chandler, Jacob M. How- ard. Florida — Adonijah S. Welch, (qualified Julv 2. 1868.) Thomas W. Osborn, (qualified June'30.) Iowa — James W. Grimes. James Harlan. Wisco7isin — James R. Dooliltle, Timothy 0. Howe. California — John Conness, Cornelius Cole. Minnesota, — Alexander Ramsey, Dan'l S. Norton. Oregon — George H. Williams, Henry W. Cor- bett. Kansas — Edmund G. Ross, Samuel C. Pomeroy West Virginia — Peter G. Van Winkle, Waitman T. Willey. Nevada — William M. Stewart, James W. Nye. Nebniska — Thomas W. Tipton, John M. Thayer. House of Representatives. Schu"'L];r Colfax, of Indiana, Speaker. Edward McPhers 'n. of Pennsylvania, Clerk. Maine— -J o\\ii Lynch, Sidney Porham, Jar;ie3 G. Blaine, John A. Peters, Frederick A. Pike. New IlampsJure—i iicob II Ela. Aaron F. Ste- vens, J.acob Benton. Vermont — Frederick E. Woodbridge, Luke P. Poland, Worthington C. Smith. Massachusetts — Thomas D. Eliot, Oakes Ames, Ginery Twichell, Samuel Ho()i)er, Benjamin F. Butler, Nalhauiol P. Banks, George S. Bout well, John D. Baldwin, William B. Wash- liurn, Henry L. Dawes Rhode Island\\ — Thomas A. Jenckes, Nathan F. Dixon. Connecticut^^ — Richard D Hubbard, Julius Hofchkiss, Henry II. Starkweather, William H. Barnura. Neio York — Stephen Taber. Demas Barnes, Wil liam E. Robinson, John Fox. John Morrissey, Thomas E. Stewart, John W. Chanler, James Brooks, Fernando Wood, William H. Robert- son, Charles H. Van Wy«k, John H. Ketcham, Tliomas Cornell, John V. L. Pruyn, John A. Griswold, Orange Ferriss, Calvin T. Hnlburd ♦Qualified March 0, 1808, in place of Philip Franr^is Thomas, who was denied admission, February 19. 1803 — yeas 21, naya 28. t Qualified February 28, ISGS, in place of James Guth- rie, resigned February lo, 18G8. I Qualified June 2:t, ]8r,8. II Qualified July 3, 1SQ7. ? Messrs. Hotchkiss and P'arkwoathcr qualified Julv 3, 18G7; Me'TS. Barnum and Hubbard, July 11 18GV. 87 548 POLITICAL MANUAL. James M. Marvin, William C. Fields, Addison H. Lafliri, Alexander H. Bailey,* John C. Churchill, Dennis McCarthy, Theodore M. Pomeroy, William H. Kelsey, William S. Lin- coln Hamilton Ward, Lewis Selye, Burt Van Horn, James M. Humphrey, Henry Van Aernam. jVew Jersey — William Moore, Charles Haight, Charles Sitgreaves, John Hill, George A. Hal- sey. Pennsylvania — Samuel J. Randall, Charles O'- Neill, Leonard Myers, William D. Kelley, Ca- leb N. Taylor, Benjamin M. Boyer, John M. Broomail, J. Lawrence Getz,Thaddeus Stevens, Henry L. Cake, Daniel M. Van Auken, George W. Woodward.f Ulysses Mercur, George F. Miller, Adam J. Glossbrenner, William H. Koontz, Daniel J. Morrell, Stephen F Wilson, Glenni W. Scofield, Darwin A. Finney, John Covode, James K. Moorhead, Thomas Wil- liams, George V. Lawrence. Delaware — John A. Nicholson. Maryland — Hiram McCullough, Stevenson Arch- er, Charles £. Phelps, Francis Thomas, Fred- erick Stone. Ohio — Benjamin Eggleston, Samuel F. Cary.J Robert C. Schenck, William Lawrence, Wil- liam Mungen, Reader W. Clarke, Samuel Shel- labarger, John Beatty,|| Ralph P. Buckland, James M. Ashley, John T. Wilson, Pbiladelph VanTrump, Columbus Delano,! Martin vVelker, Tobias A. Plants, John A. Bingham, Epliraim R. Eckley, Rufus P. Spalding. James A. Garfield. Kentucky^ — Lawrence S. Trimble, (vacancy,) Jacob S. Golladay, J. Proctor Knott, Asa P. Grover, Thomas L. Jones. James B. Beck, George M. Adams, Samuel McKee. Tennessee** — Roderick R. Butler, Horace May- card, William B. Stokes, James MuUins, John Trimble, Samuel M. Arnell, Isaac R. Hawkins, David A. Nunn. * Qualified November 30, 18C7. + Qualified November 21, 18G7, in place of Charles Lienison. deceased. X Qualified November 21, 1867, in place of Ruther- ford B. Hayes, resigned. IIQualified February 5, 1808, in place of Cornelius 6. Hamilton, killed December 22, 18GT. gJune 3, 18G8, Mr. Delano qualified, in place of George \V. Morgan, the House having voted — 36 to 79 — that Rlr. Jlorgan was not entitled, and — 80 to 38 — that Mr. Delano was entitled to the seat. ^ Mr. Adams qualified July 8, 1807. Messrs. Beck, Grover, and Jones qualified Dee. 3, Mr. Knott Dec. 4. Mr. Golladay Dec. 5, and Mr. Trimble Jauuary in, 1808. Mr. John Young Brown, claiming a seat for the second district, was voted, February 1.3 — 13 to 108— not entitled thereto, by reason of having voluntarily giv<^n aid. fonntenance, counsel, and encourasement to persons en'^aged in armed hostility to the United Statess; ftnd February 15, the House voted— 30 to 102— tlvat Samuel E.Smith, not, liaving received a majoritv of the votes cast for Representative, was not elected. 1 he Sp-^aker was directed to notify the Governor of Kentu<-kv of the vacancy in the fiecond district, but no electi'on was called by him. Mr. McKeo qualified Jane 22, 18i;ft, the House "having, June 22, voted— 9ii 1o v.) — that John D. Yo'jiig was not entitled to the seat, BD'l that Sanuiel Mclvee was entitled to it. ** Messrs. Mjiynard, Stokes. MuUins. John Trimble, Hawkins.and Niuin qualified November 21,1807; Mr. A'nell, I-'ovember Z'l; Mr. Butler, June 20, 18ii8. Indiana — William E. Niblack, Michael C. Kerr, Morton C. Hunter, William S. Holman, George W. Julian, John Coburn, Henry D. Washburn. Godlove S. Orth. Schuyler Colfax, William Williams, John P. C Shanks. Illinois — Norman B. Judd, John F. Farnswortb, Ellihu B. Washburne,* Abner C. Harding, Ebon C. IngersoU, Burton C. Cook, Henry P. H. Bromwell, Shelby M. Cullom, Lewih W. Ross, Albert G. Burr, Samuel S. Marshall, Jehu Baker, (ireen B. Raum, John A. Logan. Missouri — William A. Pile, Carman A. New- comb, James R. McCormick.f Joseph J. Gravely, Joseph W. McClurg, Robert T- Van Horn, Benjamin F. Loan, John F. Benjamin, George W. Anderson. ArkansasX — Logan H. Roots, James Hinds, Thomas Boles. Michigan — Fernando C. Beaman, Charles Up- son, Austin Blair, Thomas W. Ferry, Row- land E. Trowbridge, John F. Driggs. Florida — Charles M. Hamilton, (qualified July 1, 1868.) Iowa — James F. Wilson, Hiram Price, William B. Allison, William Loughridge, Grenville M. Dodge, Asahel W. Hubbard. Wisconsin — Halbert E. Paine, Benjamin F. Hop- kins, Amasa Cobb, Charles A Eldridge, Phile- tus Sawyer, Cadwalader C. Washburn. CaZf/orjiia ||— Samuel B. Axtell, William Higby, James A. Johnson. Minnesota — William Windom, Ignatius Don- nelly. Oregon — Rufus Mallory. Kansas — Sidney Clarke. West Virginia — Chester D. Hubbard, Bethuel M. Kitchen, Daniel Polsley. Nevada — Delos R. Ashley. Nebraska — John TafFe. The following persons were elected to the House of Representatives at the election held on the constitutions of their respective States : North Carolina— i^ohn R.French, David llea- ton, Oliver H. Dockery. John T. Deweese, Israel G. Lash, Natiianiel Boyden, Alexander IL Jones. South Carolina — Benjamin F. Whiitemore, C C. Bowen, Simon Corley, James H. Goss. (Also two elected at large : J. P. M. Epping, Elias H. Dickson.) Georgia— J. W. Clift, Nelson Tift, William P. Edwards, Samuel F. Gove, Charles H. Prince, John H. Ciiristy, P. M. B. Young. Louisiana — J. Hale Sypher, James Mann, Joseph P. Newsham Michel Vidal, W. Jasper Blackburn. Alabama — Francis W. Kellogg, Charles W. Buckle}', Benjamin W. Norris, Charles W. Pierce, John B. Cullis, Thomas Haughey. * Mr. Washbnrne having been absent at the previous session, qualified November 21, 1807. + Qualified December 17, 1807, vice Thomas E. Noell, deceased. X Qualified June 23, 1808, the bill declaring Aruimsas entitled to representation having become a law June 22, 1808. II Qualified November 21, 1807. XXXII. VOTES ON POLITICAL BILLS AND RESOLUTIONS. To Continuo the Bureau for the Belief of Freed- men and Befugees. Be it enacted, &c., That the act entitled "An act to escablish a Bureau for the relief of Freedmen and Refugees," approved March 3, 1865,* and the act entitled " An act to continue •n force and to amend ' An act to establish a Bureau for the relief of Freedmen and Refugees, and for other purposes,' " passed on the 16th of July, 1866f shall continue in force for the term of one year irom and after the 16th of July, in the year 1868, excepting so far as the same shall be herein modified. And the Secretary of War is hereby directed to re-establish said bureau where the same has been wliolly or in part dis- continued: Frovidcd, He shall be satisfied that Uie personal safety of freedmen shall require it. Sec. 2. That it shall be the duty of the Secre- tary of War to discontinue the operations of the bureau in any State whenever such State shall be fully restored in its constitutional rela- tions with the Government of the United States, and shall be duly represented in the Congress of the United States, unless, upon advising with the Commissioner of the bureau and upon full consideration of the condition of freedmen's affairs in such State, the Secretary of War shall be of opinion that the further continuance of the bureau shall be necessary : Provided, how- ever, That the educational division of said bu- reau shall not be affected or in any way inter- fered with, until such State shall have made suitable provision for the education of the chil- dren of freedmen within said State. Sec. 3. That unexpended balances J in the ♦See page 72 of Manual of ISGG. + See page 150 of Manual of 18G7. J The financial affairs of the bureau are as follow, as appears from a recent report on the subject in the House of Representatives, the figures in which were taken from the books of the bureau : B!i'om the establishment of the bureau, on the 15th of May, 1805, there have been appropriated by Congress for its sup- port $10,780,7.50 00 The total expenditure from this appropriation, from 15th of May, 1865, to January 1, 1868, was as follows : Salaries of assistant and sub-assistant com- missioners $302,244 88 Salaries of clerks 509,833 80 Stationery and printing 78,.306 14 Quarters and fuel 19G.906 54 Clothing for distribution 143,735 99 Commissary stores. 1,245.271 76 Medical department 470,834 37 Transportation of officers and agents 1.31,052 54 Tran.sportation of freedmen and refugees.. 115,979 87 Transportation of stores 87,490 36 Forage 53,096 28 School superintendents 28,247 61 Building for schools and asyluins,including construction, rental, and repairs 558,914 91 Telegraphing and postage 35.546 98 Internal revenue (tax withheld on salaries) 4,981 55 Southern relief 385,410 81 Agricultural Bureau (transferred) 50,000 00 hands of the Commissioner, not required other- wise for the due execution of the law, may be, in the discretion of the Commissioner, applied for the education of freedmen and refugees, sub- ject to the provisions of law applicable thereto. Seo. 4. That officers of the veteran reserve corps, or of the volunteer service, now on duty in the Freedmen's Bureau as assistant canmis- sioners, agents, aaedical officers, or in otlier ca- ■pacities, who have been or may be mustered out of service, may be retained by the Commissioner when the same shall be required for the proper execution of the laws, as officers of the bureau, upon such duty and with the same pay, com- pensation, and all allowances, from tlie date of their appointment, as now provided by law for their respective grades and duties at the dates of their muster-out and discharge; and such officers so retained shall have, respectively, the same authority and jurisdiction as now conferred upon " officers of the bureau" by act of Con- gress passed on the 16th of July, 1866. Sec' 5. That the Commissioner is hereby em- powered to sell for cash, or by instalments with ample security, school buildings and other build- ings constructed for refugees and freedmen by the bureau, to the associations, corporate bodies, or trustees who now use them for purposes of education or relief of want, under suitable guar- antees that the purposes for which said buildings were constructed shall be observed : Provided, That all funds derived therefrom shall be re- turned to the bureau appropriations and ac- counted for to the Treasury of the United States^ In House. 1868, March 19— The bill passed— yeas 97, nays 38, as follow : Yeas— Messrs. Allison, Ames, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Bingham, Blaine, Blair, Bromwell, Broomall, Buckland, Butler, Cake, Churchill, Sidney Clarke, Coburn, Cook, Cullom, Dawes, Dixon, Dodge, Don- nelly, Driggs, Eckley, Eliot, Farnsworth, Ferriss, Ferry, Fields, Garfield, Gravely, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, IngersoU, Jenckes, Judd, Julian, Kelley, Kelsey, Total expended ?l'A^2:?5i_?2 Balance in hands of agents, August 31, 18G7.. H45,911 .33 Undrawn from Treasury 5,7.36,984 28 Amount on hand December 31, 18G7 $0,382,895 Gl Besides this appropriation by Congress, the bureau came into the possession of certain funds belonging to the "department of negro affairs" which had pre- viously existed in the rebel States, and from rents, fines, conscript fund, and miscellaneous sources, amounting to $1,005,694 19 Of which, there were expended, for labor, schools, rents, repairs, clothing, fuel, sub- sistence, Ac 1,-544,092 SO Leaving a balance on hand, Dec. 31, 1867... $01,601 39 Of this amount of $4,397,854 .39 expended, $.500,000 were applied, by a resolution of Congress, for tlie relief of destitute people in the South who were starving by reason of failure of the crops, and $50,000 were trans- ferred to the Agricultural Department for seeds for the South— making $5.50,000. With these sums deducted from the expense account of the Bureau, the whole expenditure from appropria- tions by Congress, for the use of the Bureau from ita establishment, amount to $.},847,854 39. No further appropriation was asked or made for the ensuing fiscal year, and the appropriations previously made of Slo.7S0,750 will carry the Bureau trom May, 1805, to July, 1869. 89 350 POLITICAL MANUAL. Koontz, Laflin. William T-awrcnoe, Loan, Losran, ]>ynch, Maviiard, Jliller, Mixirc, .Moircll, Mvers, New- comb, O'Neill, Ortli, Paine, IVteiVN PiUe, File, Plants, Polsley, Pomeroy, Priee, Kaiim, Kul>(.'rtsion, Sawyer, Sehenek, Selye, Shanks, Spalilin.L', Aaron V. Stin'ens, Tiiadrieua Stevens, Tatl'c, Thomas, .John 'rriiiilile, Trowiiridnc, Twieliell, Ipson, Uohert T. Van Horn, "Ward, Cadwaladcr C. Washlmrn, Ellihn B. Washliurne, Henry D. Washhnrn. William H. Washhnru, WclUer, Tlionias Williams, James K. Wilson, Steiihen F.Wilson, Windom — 07. Nays — Messrs. Ainproinise measures settled by the last Congress, " the act for reclaiming fugi- tives from service or labor" included; which act, being designed to carry out an express provision of the Constitution, cannot, with fidelity there- to, be repealed or so changed as to destroy or impair its efHciency. V. Resolved, That the Democratic party will resist all attempts at renewing, in Congress or out of it, the agitation of the slavery question, under whatever shape or color the attempt may be made. VI. Resolved, That the proceeds of the public lands ought to be sacredly applied to the national objects specified in the Constitution ; and that vve are opposed to any law for the distribution of such proceeds among the States, as alike ine:ipedient in policy and repugnant to the Constitution. VII. Resolved, That we are decidedly opposed to taking from the President the qualified veto power, by which he is enabled, under restrictions and responsibilities ainjily sufficient to guard the public interest, to suspend the passage of a bilJ whose merits can not secure the approval of two- thirds of the Senate and House of Representa- G tives, until the judgment of the people can be obtained thereon, and which has saved tha American people from the corrupt and tyranni- cal domination of the Bank of the United States, and from a corrupting system of general inter- nal improvements. VIII. Resolved, Thnt the Democratic party will faithfully abide by and uphold the prin- ciples laid down in the Kentucky and Virginia resolutions of 1798* and in the report of Mr. Madison to the Virginia Legislature in 1799; that it adopts those principles as constituting one of the main foundations of its political creed, and is resolved to carry them out in their obvious meaning and import. IX. Resolved, That the war with Mexico, upon all the princi[iles of patriotism and the laws of nations, was a just and necessary war on our part, in which every American citizen should have shown himself on the side of his country, and neither morally nor physically, by word or deed, have given "aid and comfort to the enemy." X. Resolved, That we rejoice at the restoration of friendly relations with our sister Republic of Mexico, and earnestlj' desire for her all the blessings and prosperity which we enjoy under republican institutions; and we congratulate the American people upon the results of that war, which have so manifestly justified the pol- icy and conduct of the Democratic party, and insured to 'he United States " indemnity for the past, and security for the future." XI. Resolved, Tliat, in view of the condition of fiopular institutions in the Old World, a high and Siiered duty is devolved, with increased, res- ponsibility, upon the Democratic party of this country, as the party of the people, to uphold and maintain the riglits of every State, and thereby the Union of the States, and to sustain and advance among us constitutional liherty, by continuing to resist all monopolies and exclusive legislation for the benefit of the few at the ex- pense of the many, and by a vigilant and con- stant adherence to those p»rinciples and corn- promises of the Constitution, wtiich are broad enough and strong enough to embrace and up- hold the Union as it was, the Union as it is, and the Union as it shall be, in the full expan- sion of the energies and capacity of this great and progressive peoj^le. Whig, at Baltimore, June. The Whigs of the United States, in conven- tion assembled, firmly adhering to the great con- servative republican principles by which they are controlled and governed, and now, as ever, relying upon the intelligence of the American people, with an abiding confidence in their capacity for self-government and their continued devotion to the Constitution and the Union, do p)roclaim the following as the political sentiments and determinations for the establishment and maintenance of which their national organiza- tion as a party is effected : I. The Government of the United States is of a limited character, and it is confined to the ex- * For these resolutions, see paces 128-131 of the Mai> nal for 1867, or pages 254-257 of the Combined .Manual. 358 POLITICAL MANUAL. ercipe of ]/Owers expressly granted by the Con- ftitution, and such as may be necessary and proper for carrying the grunted powers into full execution, and that all powers not thus granted or necessarily implied are expressly reserved to the Slates respectively and to the people. II. The State Governments should be held secure in their reserved rights, and the General Government sustained in its constitutional pow- ers, and the Union should be revered and watched over as "the palladium of our liberties." III. That, while struggling freedom every- where enlists the warmest sympathy of the Whig party, we still adliere to the doctrines of the Father of his Country, as announced in his Farewell Address, of keeping ourselves free from all entangling alliances with foreign countries, and of never quitting our own to stand upon foreign ground. Tiiat our mission as a republic is not to propagate our opinions, or imjiose on other countries our form of government by arti- fice or force, but to teach by example, and show by our success, moderation, and justice, the blessiogs of self-government and the advantages of free institutions. IV. That where the people make and control the government, they should obey its constitu- tion, laws, and treaties, as they would retain their self-respect, and the respect which they claim and will enforce from foreign powers. V. Government should be conducted upon principles of the strictest economy, and revenue sufficient for the expenses thereof in time of peace ought to be mainly derived from a duty on imports, and not from direct taxes ; and in levying such duties, sound policy requires a just discrimination and protection from fraud by specific duties, when practicable, v/hereby suit- able encouragement may be assured to American industry, equally to all classes and to all portions of the country. VI. The Constitution vests in Congress the power to open and repair harbors and remove obstructions from navigable rivers, and it is ex- pedient that Congress should exercise that power whenever such improvements are necessary for the common defence or for the protection and facility of commerce with foreign nations or among the States, such improvements being, in every instance, national and general in their character. VII. The Federal and State Governments are parts of one system, alike necessary for the com- mon prosperity, peace, and security, and ought to be regarded alike with a cordial, habitual, and immovable attachment. Respect for the authority of each, and acquiescence in the con- stitutional measures of each, are duties required by the plainest considerations of National, of State, and of individual welfare. VIII. The series of acts of the 31st Congress, commonly known as the compromise or adjust- ment, (the act for the recovery of fugitives from labor included.) are received and acquiesced in by the Whigs of the United States as a final settlement, in principle and substance, of the subjects to which they relate ; and, so far as these acts are concerned, we will maintain them, and insist on their strict enforcement, until time and experience sliall demonstrate the necessity of further legislation to guard against the evasion of the laws on the one hand, and tiie abuse of their powers on the other, not itr.j.air- ing their present efficiency to carry out the re- quirements of the Constitution ; and we 'Jtpre cate all further agitation of the questions thus settled, as dangerous to our peace, and will dis- countenance all eQorts to continue or renew such agitation, whenever, wherever, or however made; and we will maintain this settlement as essential to tlie nationality of the Whig party and the integrity of the Union. NATIONAL PLATFORMS OF 1856. Eepublican, at Philadelphia, Jane. This convention of delegates assembled in pursuance of a call addressed to the people of the United States, -^vith out regard to past po- litical differences or divisions, who are oiqiosed to the repeal of theMissoui'i con)pion]ise, to the policy of tlie present Administration, to the ex- tension of slavery into free territory, in favoi of admitting Kansas as a free State, of restor- ing the action of the Federal Government to the principles of Washington and Jefierson. and who purpose to unite in presenting candidates for the otiices of President and Vice President, do resolve as follows : 1. That the maintenance of the principles promulgated in the Declaration of Independence and embodied in the Federal Constitution is essential to the preservation of our republican institutions, and that the Federal Cocstitution, the rights of the States, and the union of tho States, shall be preserved; that, with our re- publican fathers, we hold it to be a self evident truth, that all men are endowed wirl\ the in- alienable rights to life, liberty, and tli-; pursuit of happiness, and that the ])rimary object and ulterior design of our Federal Government were, to secure these liglits to all persons within its exclusive jurisdiction ; that, as our reoublican fathers, when they had abolished slavery in all our national territory, ordained that no person should be deprived of life, liberty, or projierty without due process of law, it becomes cur duty to maintain this provision of the Cons*;itution against all attempts to violate it for the purpose of establishing slavery in the United States by positive legislation prohibiting its existence or extension therein ; that we deny the au'.liority of Congress, of a Territorial Legislature, of any individual or association of individuals, fo give legal existence to slavery in any Territory of the United States while the present ConstiintioG shall be maintained. 2. That the Constitution confers upon Con- gress sovereign power over the Territories »f the United States for their government, and that in the exercise of this power it is both the 'ight and the duty of Congress to prohibit in the Ter- ritories those twin relics of barbarism, polyf xmy and slavery. 3. That, while the Constitution of the ULited States was ordained and established by the Peo- ple "in order to form a more perfect xin)on, establish justice, insure domestic tranquillity, provide for the common defence, firomote tho general welfare, and secure the blessings of POLITICAL PLAXrORMS. 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; s[)urious and pretended legislative, judicial, and execu- tive officers have been set over them, by whose usurped authority, sustained by tlie 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 suffrage and holding office; tlie right of an ac- cused person to a speedy and ])ublic 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 leprived of life, liberty, and jiroperty without due process of law ; that 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 witii the know- ledge, sanction, and procurement of the present Administration, and that for this high crime against the Constitution, 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 thai 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 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 raging 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- tively demanded by the interests of the whole country, and that the Federal Government ought 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 security of our existing commerce, are author- ized by the Constitution and justified by the obligation of Government to protect the lives and property of its citizens. 8. That we invite the affiliation and co-opera- tion of freemen of all parties, however differing from us in otiier respects, in support of thfl 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 riglits among citi- zens, we oppose all legislation impairing their security. Democratic, at Cincinnati, Jane. The platform reiterates in detail the resolutions adopted in 1852, down to and including the Vlllth resolution, and added the following : And whereas since the foregoing declaration was uniformly adopted by our predecessors m 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 foundation 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 ot' 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 century, 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 distinctly 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. Resolved, 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 embodying 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-inteefekexce BY CONGRESS WITH SLAVERY IN ST.^TE AND TEE- EITORY, OE IN THE DISTEICT 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 democratic principle to the organization of Ter- ritories, and to the admission of new States, with 360 POLITICAL MANUAL. or without domestic slavery, as tliey may elect, the equal rights of all tlie Scales will be preserved intact, the original compacts of the Constitution maintained inviolate, and the perpetuity and expansion of this Union insured to its utmost capacity of embracing, in peace and harmony, every future American State that may be con- stituted or annexed with a republican form of government. Resolved, That wo recognize the right of the people of all the Territories, including Kansas and Nebraska, acting through tlie legally and fairly-expressed will of a majoritj' of actual residents, and wherever the number of their inhabitants justifies it, to form a constitution, with or withoutdomestic slavery, and be admit- ted into the Union upon terms of [lerfect equality with tlie other States. Resolved, finally. That in the view of the con- dition of popular institutions in the Old World (and the dangerous tendencies of sectional agi- tation, combined witli tlie attempt to enforce civil and religious disabilities against the rights of acquiring and enjoying citizenship in our own land,) a high and sacred duty is devolved with increased responsibility upon the Democratic part}^ of this country, as the party of the Union, to uphold and maintain the riglits of every State, and thereby the Union of the States ; and to sustain and advance among us constitutional libert\', 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 the 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 tiie United States to declare themselves in favor of free seas and progressive free trade throughout the world, by solemn manifestations, to place their moral influence at the side of tlieir 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, no less than the interest of our commerce and the development of our growing power, requires that we should liold as sacred the princi[iles involved in the Monroe doctrine; their bearing and import admit of no miscon- struction; they sliould be applied with unbend- ing rigidity. [Adopted — yeas 239, nays 21 ] 3. Jiesclved, That the great highway which nature as well as tlie assent of the States most immediately interested in its maintenance has marked out lor 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 [leople. That result should be secured by a timely and efficient ex- ertion of the control which we iiave the right to claim over it, and no power on earth should be BUflered to impede or clog its progress by auy interference with the relations it may suit our policy to establish betwfen our Government and the governments of the States within whose dominions it lies. We can, under no circum- stance, surrender our ]ireponderance 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 portion of the continent whicli covers tlie passage across the inter- oceanic isthmus. [Adopted — yeas 221, nays 38.] 6. Resolved, That the Democratic jiarty will expect of tiie 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 througii 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 : Ye.\s — Maine 1, New H.ampshire 4, Massachusetts 17, Rhode I.sland 4, Connecticut 6, Kew Jersey 7, Penn- sylvania 27, Delaware 3. Virginia 15, North Carolina 10, South Carolina 8, Georgia 6. Alaliama 9, Sli.^sissippi 7, Ohio 16, Kentucky 8, Tennessee .3, Florida .3 — 154. N.^Ys — Maine 7, New Hampshire 1, Vermont 5, Mas- sachusetts 12, Marj'land 0, Georgia 4, Louisiana G, Ohio C, Kentucky 4, Tennessee n, Indiana 13, Illinois 11, Missouri 9, Arkansas 4, Michigan G, Texas 4, Iowa 4, Wisconsin 5, California 4 — 120. The second day thereafter the rules were sus- pended — yeas 208, nays 88 — and this resolution was adopted — yeas 205, nays 87 : Resolved, That the Democratic party recog- nizes the great importance, in a ])olitical and commercial point of view, of a safe and speedy communication through our own territory be- 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 PLATFORMS OF 1860. Kepublican, at Chicago, May. Resolved, That we, the delegated representa- tives of the Republican electors of the United States, in Convention assembled, in discharge of the duty we owe to our constituents and our country, unite in the following declarations: 1. That the history of the nation, during the POLITICAL PLATFORMS. 301 la?t. four years, has fully established the propri- ety and necessity of the organization and per- j>etuation 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 tiie Indsfien- dence and embodied in the Federal Constitution, " That all men are created equal ; that they arc endowed by their Creator with certain inalien- able rights; tliat 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 tlie con- eent 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 Bhall be preserved. 3. That to the Union of the States this nation owes its unprecedented increase in population, its surprising development of material resources, its 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 Republican member of Congress has uttered or countenanced the threats of disunion so often made by Democratic mem- bers, witliout rebuke and with applause from their 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 au indignant people sternly to re- buke and forever silence. 4. That the maintenance inviolate of the rights of the States, and especiallj' the right of each State to order and control its own domestic in- Btitutions according to its own judgment exclu- eively is essential to that balance of power on which the perfection and 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 tiie exactions of a sectional interest, as especially evinced in its desperate exertions to force the infamous Ltcomjiton constitution upon the protesting peo- ] lib of Kansas; in construing the personal rela lion between master and sei vant 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 varyinfT abuse of the power intrusted to it by a confiding people. 8. That the people justly view with alarm the reckless extravagance which pervades every department of the Federal Government; that a return to rigid economy and accountability is indispensxblo to arrest the systematic plunder of the public treasuiy by favored partisans, while the recent startling developments of frauds and corruptions at the Federal metropolis shovf that an entire change of administration is im- peratively 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 contemporaneous 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 ; that 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 duty, by legislation, when- ever such legislation is necessary, to maintain this provision of the Constitution against all attempts to violate it; and we deny the authority 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 our country and age ; and we call upon Congress to take prompt and eificient 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 State under the constitution recently formed and adopted by her people and accepted by the House of Representatives. 12. That, 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 of national exchanges which secures to the work- ingmen liberal wages, to agriculture remuner- ative prices, to mechanics and manufacturers 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 Republican party is opposed to any change in our naturalization laws, or any State legislation b}' which the rights of citizen- 362 POLITICAL MANUAL. ship hitherto accorded to immigrants from for- eign lands shall be abridged or impaired ; and in favor of giving a full and efficient 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 inipemtively 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 co-ope- ration of all citizens, however diflenng on other questions, who substantially agree with us in tlieir affirmance and support. Democratic (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 tlieir nature, when applied to the same subject-matters; and we recommend, as the only further resolutions, the following: 2. Eesolved, That it is the duty of the United States to atford 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 ; and 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, Fubversive 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 Constitution on the power of the territorial legislature over the subject of tlie 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 pood citizens, and enforced with promptness and fidelity by every branch of the General Government. Democratic (Breckinridge) Platform, adopted at Charleston and Baltimore, June. Resolved, That the platform adopteil 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. Thatit is the duty of the Federal Govern- ment, in all its departments, to protect, when necessary, tlie rights of persons and property in the territories, and wherever else its constitu- tional authority extends. 3. That when the settlers in a territory, hav- 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 thus 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 terras 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 Democracy of the United States recognize it as the imperative duty of this Go- vernment to protect the naturalized citizen iu all his rights, whether at home or in foreign lands, to the same extent as its native-bora 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 the construction of a Pacific rail- road from the Mississippi river to the Pacific ocean, at the earliest practicable moment. NATIONAL PLATFOKMS OF 1864. Bepublican, at Baltimore, June. Resolved, 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 coramoa sentiment, and aiming at a common object, to do everything in our power to aid the Govern- ment, in quelling by force of arms the rebellion now raging against its authority, ard in bring- POLITICAL PLATFORMS. 363 ing to the punishment due to their crimes the reoels and traitors 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 aud a re- turn to their just allegiance to the Constitution and laws of the United States ; and that we call upon the 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 principles 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 Bome permanent recognition of their patriotism and their valor, acd 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. 5. That we approve and applaud the practical wisdom, the unselfish patriotism, and the un- swerving fidelity to the Constitution and the prin- ciples 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 demand d by the emer- gency and essential to the T>re=ervation 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 liave full confidence in his determination to carry these and all other constitutional 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 cordially endorse the principles proclaimed in Ihese resolutions, and which should characterize khe administration of the Government. 7. That the Government owes to all men em- ployed in its armies, without regard to distinction 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 tlie redemption of the public debt, mustbe kept in- violate, and that for this purpose we recommend economy and rigid responsiiiility 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 llie 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, tlie 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. Democratic, at Chicago, August. Resolved, 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 as a framework of gov- ernment equally conducive to the welfare and prosperity of all the States, both northern and southern. Resolved, 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, humanit3s liberty, and the public welfare demand tliat 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 tlie Fede- ral Union 6f 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 violation of the Constitution, and a repetition of such acts in the approaching election will be held as revolutionary, and resisted with all the means and power under our control. 3G4 POLITICAL MANUAL. 'Resolved, That the aim and object of the De- mocratic party is to preserve the Federal Union and the viglitsof tlie btates unimpaired, and they hereby declare that they consider that the ad- ministrative usurpation of extraordinary and dangerous powers not granted b}' 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 full 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 ttie 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, Thatthe.sympathy of the Democratic 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 our country, and, in the event of its attaining power, they will receive all the care, protection, and regard that the brave sol- diers and sailors of the republic so nobly earned. NATIONAL PLATFORMS OF 1868, THE LETTERS OF ACCEPTANCE OF CANDIDATES, AND SUNDRY PROCEEDINGS OF THE CONVENTIONS. Bepublican, at Chicago, May.* The National Republican party of the United States, assembled in National Convention in the city of Chicago, on the 21st day of May, 186^ make the following declaration of principles: 1. We congratulate the country on the assured success of the reconstruction policy of Congress, as evinced by the adoption, in the majority of the States lately in rebellion, of constitutions securing equal civil and political rights to all; and it is the duty of the Government to sustain those institutions and to prevent the people of such States from being remitted to a state of an- archy. 2. The guaranty by Congress of equal suffrage to all loyal men at the South was demanded by every consideration of public safety, of grati- tude, and of justice, and must be maintained ; while the question of suffrage in all the loyal States properly belongs to the people of those States. *Roportod from the following committee on reso- lutions : Alabama— D. C. Humphreys. Arkansas— &. B. Morse. Colorado — G. M. Chiioott. Connecticut — J. M. Wo'iihvanl. Delaware— C. S. Layton. Florida— R. G. Ilodei-. Georf/ia — II. H. Mr-Coy. Illinois — Herman Raster. Indiana— llic.haid W. Thompson. lowa—G. IM.Dodirc. Kaiif,as — B. F.Simpson. Kcntuckt/ — Charles Kiriiiton. Louisiana— Vfillium 11. Fish. Maine — Eu- jriii« Hall. Maryland — Massachusetts — F. W. Bird. Michigan— n. II. Bocchcr. Minnesota— li. U. McClel- land. Mississippi — .\. It. IIowc. Missouri — Robert T. Van riorn. Kcbnu^kn — R. W. Furniss. Nevada — C. E. \)c I. on;.'. New Hampshire — J. F. Briges. New Jersci/ — John lUivid.son. iV'cto }'orA;—Charlc.^ 19 12 132 > "s 317 Wintield S. Hancock Sanford E. Church ; Asa Packer James E. English F. P. Blair, Jr ... Thomas Ewing Franklin Pierce Tohn T.'Hoffman Stephen J. Field Thomas H. Seymour. ... Necessary to a choice ^....212 General Blair was nominated uaaninioasly on the first ballot. 372 POLITICAL MANUAL. r ?tS t-iCTi^ooMt-omt- ooo'-O'-t- «»«<»r-iooocc ao«uo^mc^o?3c>; t- : « O 00 t- >0 C-l ■* CO lO « CO /s« ^ XUT -^ c -M ^ »' f_r f^ o ^- ^■ r— — '~J » ; t"i o ?S O ~i C5 -H r-* O Ci_ Qdico"o»coiodt-^'*^ef 1-lt^CO C3COCOO(M«OCO io'mVi Tcooot-oc^o o 0-1 CO ^a CM CO 00 i-H o t^ t- "-f r- t-o r- o G5 (MXOOCOTfOO-^O cT co" CO t-^ 00 CO ■— o" .-t-t^Tt-OOOOOCOO C* O CO :C' OC CM 03 fM CO O t-^O 00 0^01^00^ ^-^ cf of I -f cT ■^'" CO of COt-CClM I— CM W -£ a ^ Ml « t^ CO 00 0-1 CO oD^co^n^^c? io_ <31COC5»C^t^iC"^rHl*(MOPOOOWOO'*XCD 00t)i OOQ0C:0lOC0r-'C0O'^-+*'*XC0'^O 115 to O rH CM ■* fH Tji 00 CM C7 r- 01 t-- Ol O O —< »-0 CO "O C rH O »-• O M "O ^ Ji cO ^- i— • I— t- t— CiXir-C'O-l'^i— tCQOOl^OO C1«-0"OC?01QOOt--iCOO)»-0 o X CO r- »f: CO »c^oc t- o ^cm i-^ o_o co^oi^ts c^o^o^cc qo_c>i^c^co o't'f H<'t-^i-'f :5"orof o"T-r»rro cT . 1-H irTr^b^t-^co trfcTco x^ia »rr :-3 IIL Pill i ° C t- 3ko> > 03 ©1 CO t-.-' 00 • ot-i-ir-o^C!C!C5 ---o■;^l:o■rt1ccocoT^| cc to oc <-< 00 ic CO »o '* r* CO dr^irJrH(NT-sMi-i.— ''MOO^Or. 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Statement of the expenditures of the United States during the fiscal years ending appropriations for the fiscal year ending June Civil expenses , Foreign intercourse..., Ir.terior Department — Indian department Pension.-*, militory. naval Relief of sundry individuals . War Department — *Pay department Commissary department Quartermaster's department., Ordnance " Engineer's " Provost Marshal General Adjutant General , Secretary's otfiee, (army expenditures).. Relief of sundry individuals Deduct excess of repayment from Surgeon General's dept. Navy Department — Secretary's bureau Marine Corps Bureau of Yards and Docks " Equipment and Recruiting. " Navigation " Ordnance " Construction and Repair " Steam Engineering " Provisions and Clothing " Medicine and Surgery Relief of sundry individuals $205, 7, 49, 9, 2 Interest on the public debt, including Treasury notes. Principal of public debt Miscellaneous , Total for year.. Year ending Jime 30, 1866. $3,242,688 04 12,905,847 93 2,699,504 42 4,376 52 ,934,240 70 ,430,006 07 856,986 39 ,932,402 63 ,651,903 37 ,779,114 77 243,539 74 ,594,375 28 30,009 80 286.453,179 35 2,003,477 53 SlO.831 1,492, 4,777, 5,103, 351, 3,494, 8,675, 6,154. 2,244 95. 102, ,260 08 ,017 83 ,808 83 ,fiCl 99 ,001 92 ,216 32 .216 81 ,888 23 .775 99 ,708 73 ,841 79 $12,287,828 55 1,338,388 18 18,852,410 91 284,449,701 82 43.324,118 52 133,007,741 69 620,321.725 61 27.4.30,744 81 1,141,072,066 09 Year ending $4,580,393 40 19,016,263 21 1,92C,288 50 56,138 37 t.30,700,776 06 10,331,174 87 35,43t*,367 31 4,090,077 00 3,233,414 OS 105,658 39 1,495,788 53 8,514,008 23 756,406 41 95,206,330 88 41,915 25 10,545.843 51 1,440.993 08 3,828,198 13 3,-577,311 08 551,981 35 1,921,788 99 4,545,509 72 2,940,065 19 1,440,042 70 88.099 72 152,976 97 * Bounties (report Secretary of War, 1866, p. 391,) $7,662,736 t Of this there were paid for bounties and arrears by "Division of Referred Claims," as shown on p. 6, Report of Paymaster General, 1867.. ..$12,700,000 00 X Includes /orei^n and tniscellanto/ut. General and staff officers $1,329,805 50 Signal corps 2,580 00 Engineers 358,327 50 Ordnance 502,113 50 Cavalry 3,084,738 00 Artillery 2,233,622 50 Infantry 12,970,063 50 Scouts and bands ^ 300,640 CO EXPENDITURES AND APPROPRIATIONS. 3T7 June 30, 1858, June 30, 1866, 1867, and till January 1, 1868, together with the 80, 1869,a?ic/ the estimates for the same year. June 30, 1867. 1868, to Jan. 1. Appropriated for year end- ing June 30, 1869. ^Estimates for year ending June 30, 1869. IfExpenditures for year ending June 30, 1858. $15,585,489 55 1,548,589 26 JS27,191,353 54 Sl8,357,.549 69 228,411,634 00 $23,891,292 03 1,423,454 00 47 05'^ 196 75 1,391,407 91 83,989,163 45 30,000,000 00 350,000 00 $3,240,152 86 30,000,000 00 330,000 00 $4,812,815 09 1,075,8:;7 14 143.246 17 20,224 98 25,579,083 48 13,875,648 60 34,339,163 45 33,570,152 86 6,051,923 38 17,792,120 00 14,209,000 00 381,080 00 1,800,000 00 122,600,775 00 28,280,066 20 1,533.084 00 10,528,769 88 *17,455,97C 85 1,443.235 74 5.-540,270 26 tt411,844 20 ttl64,301 31 469,748 24 100,000 00 376,805 00 300,000 00 193,305 GO 95,224,415 63 61,910,551 13 34,749,605 00 63,436,000 08 25,485,383 60 8,000,000 00 482,000 00 1,493,000 00 1,208,000 00 413,250 00 279,500 00 3,039,000 00 074,000 00 1,020,000 00 90,000 00 10,760,500 00 1,614,978 05 11,512,412 25 3,536,000 00 650,999 40 2,370,135 75 8.707,120 00 4,448,800 00 3,451,603 50 204,575 00 5,665,315 34 587,242 25 1,982,923 62 11113,391.646 29 43,731 22 202,849 14 841,323 37 885,322 20 71. .340 70 301,300 46 13.976,000 5a 31,034,011 04 143,781,591 91 740,350,525 94 33,975,948 46 13,151,158 92 71,145.554 03 388,470,185 66 17,365,350 00 103,961,958 50 47,317,183 95 103,901,958 50 25,710,120 00 12,545,054 00 1,567,055 67 8,417,482 32 17,937,217 54 10,289,606 76 575,744,451 88 227,474,207 40 311,861,815 42 81,585,607 16 ? Besides these specifle estimates, the Secretary of the Treasury stated that there may be required — For bounties, under act of July, 1866 $25,500,000 00 For miscellaneous 9,909,000 00 ToUl $35,469,000 00 % In gold. ** Includes heads of Pay, Commissary, and Quarter- master's departments, ft Miscellaneous, it West Point. 11 Includes heads of repair and ordnance. 22 $7,200,000 00 of this are for the purchase of Alaska. ADDENDA. A Bill relating to the Freedmen's Bureau and Providing for its Discontinuance. Be it enacted, &c., That the duties and powers of eommissioner of the bureau for the relief of freedmen and refugees shall continue to be dis- charged by the present commissioner of the bu- reau, and in case of a vacancy in said office occurring by reason of his death or resignation, the same shall be filled by appointment of the President on the nomination of the Secretary of War, and with the advice and consent of the Senate ; and no officer of the army shall be de- tailed for service as commissioner, or shall enter upon the duties of commissioner, unless appointed by and with the advice and consent of the Senate; and all assistant commissioners, agents, clerks, and assistants shall be appointed by the Secretary of War, on the nomination of the com- missioner of the bureau. In case of vacancy in the office of commissioner happening during the recess of the Senate, the duties of the commis- sioner shall be discharged by the acting assistant adjutant general of the bureau until such va- cancy can be filled. Sec. 2. That the commissioner of the bureau shall, on the 1st day of January next, cause the said bureau to be withdrawn from the several States within which said bureau has acted, and its operations shall be discontinued. But the educational department of the said bureau, and the collection and payment of moneys due to soldiers, sailors, and marines, or their heirs, shall be continued, as now provided by law, until otherwise ordered by act of Congress : Provided, however, That the provisions of this section shall not apply to any State which shall not, on the 1st of Januaiy next, be restored to its former political relations with the Govern- ment of the United States, and be entitled to representation in Congress. Passed both Houses. Joint Eesolution excluding from the Electoral College Votes of States la'ely in Rebellion which shall not have been Reorganized. Resolved, &c., That none of the States whose inhabitants were lately in rebellion shall be entitled to representation in the electoral col- lege for the choice of President or Vice Presi- dent of the United States, nor shall any electoral votes be received or counted from any of such States, unless at the time prescribed by law for the choice of electors the people of sucii State, pursuant to the acts of Congress in that behalf, shall have, since the 4th day of March, 1807, adopted a constitution of State govern- ment, under which aState government shall have been organized and shall be in operation ; nor unless such election of electors shall have been held under the authority of such constitution and government, and such State shall have also become entitled to representation in Congress pursuant to the acts of Congress in that belialf : Provided, That nothing herein contained shall be construed to apply to any State which was repre« sented in Congress on the 4th day of March, 1SG7. July 20 — The Pkesident sent a veto, of which these are the most important paragraphs : " The mode and manner of receiving and count- ing the electoral votes for President and Vice President of the United States are in plain and fimi)le terms prescribed by the Constitution. That instrument imperatively requires that the President of the Senate " shall, in the presence of the Senate and Hou3e of P\,epresentatives, open all the certificates, and the votes shall then be counted." Congress has, therefore, no power, under the Constitution, to receive the electoral votes or reject them. The whole power is ex- hausted when, in the presence of the two Houses, the votes are counted and the result declared In this res[)ect the power and duty of the Pre- sident of the Senate are, under the Constitution purely ministerial. When, therefore, the joint resolution declares that no electoral votes shall be received or counted from States that, siuca the 4th of March, 1867, have not "adopted a constitution or State government under which a State government shall have been organized," a power is assumed which is nowhere delegated to Congress, unless upon the assumption that the State governments organized prior to the 4th of March, 1867, were illegal and void. "The joint resolution, by implication at least, concedes that these States were States by virtue of their organization, prior to the 4th of March, 1867, but denies to them the right to vote in the election of President and Vice President of the United States. It follows either that this as- sumption of power is wholly unauthorized by the Constitution, or that the States so excluded from voting were out of the Union by reason oi the rebellion, and have never been legitimately restored. Being fully satisfied that they were never out of the Union, and that their relations thereto have been legally and constitutionaliy restored, I am forced to the conclusion that the joint resolution which deprives them of the riglii to have their vote for President aud Vice Pre- sident received and counted is in conflict with the Constitution, and that Congress has no more power to reject their votes than those ol the States which have been uniformly loyal to the Federal Union. " It is worthy of remark that if the States whose inliabitants were recently in rebellion were legally and constitutionally organized and restored to their rights prior to the 4th of March, 1867, as I am satisfied they were, the only legiti- mate authority under which the election for President and Vice President can beheld tliere- in must be derived from the governments insti- tuted before that period. 118 FOURTEENTH AMENDMENT. 379 " It clearly follows that all the State govern- ments organized in those States under acts of Congress for that purpose, and under military control, are illegitimate and of no validity what- ever; and, in that view, the votes cast in those States for President and Vice President, in pur- suance of acts passed since the 4th of March, 1S67, and in obedience to the so-called recon- struction acts of Congress, cannot be legally re- ceived and counted; while the only votes in those States that can be legally cast and counted will be those cast in pursuance of the laws in force in the several States prior to the legislation by Congress upon the subject of reconstruction." Same day — The bill re-passed the Senate — yeas 45, nays 8, as follow : Yeas— Jlessrs. Abbott, Anthony, Cameron, Cattell, Chandler, Cole, Coukling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuvi^en, Harlan, Harris, Henderson, Howard, Howe, Kellogg, McDonald. Morgan, Morrill of Maine, Blorrill of Ver- mont, Morton, Nye, Osborn, Patterson of New Hamp- shire, Pomeroy, Rice, Ross, Sherman, Sprague, Stew- art, Sumner, Tipton, Trumbull, Van Winkle, Wade, Welch, Willey, Williams, Wilson, Yates— 45. Nays — ]Messrs. Buckalcio, Davis, Doolittle, Hendricks, McCreery, Patterson of Tennessee, Vickers, Whyte — S. Same day — It passed the House — yeas 134, uaj's 36 ; and the Speaker proclaimed it to be a law. The nays were — Messrs. Adams, Archer, Axtell, Barnes, Beck, Boyden, Boyer, Brooks, Carp, Eldridge, Fox, Getz, Glossbrenncr, Golladay, Grover, Hairjht. Holman, Hotchkiss, Johnson, Thomas L. Jones, Kerr, Knott, Marshall, McCuUoitgh, Nihlack, Nicholson, Phelps, Randall, Boss, Sitgreaves, Stone, Taber, Lawrence iS. Trimble, Van Auken, Wood, Woodward — 36. Proclamation of President Johnson respecting the Ratification of the XlVth Amendment by Florida and North Carolina, July 11, 1868. Whereas by an act of Congress, entitled "An act to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to representation in Congress," passed on the 25th of June, 1868, it is declared that it is made the duty of the President within ten day.s after receiving official information of the ratification by the legislature of either of said States of a proposed amendment to the Consti- tution known as article XIV, to issue a procla- mation announcing that fact; And whereas the said act seems to be pro- spective; And whereas a paper, purporting to be a reso- lution of the Legislature of Florida, adopting the amendment of the Xlllth and XlVth arti- cles of the Constitution of the United States, was received at the Department of State on tlie 16th of June, 1868, prior to the passage of the act of Congress referred to, which paper is at- tested by the names of Horatio Jenkins, Jr., as president pro iem. of the Senate, and W. W. Moore as speaker of the Assembly, and of Wil- liam L. Apthoop as secretary of the Senate, and William Forsyth Bynum as clerk of the Assem- bly, and which paper was transmitted to the Secretary of State in a letter dated Executive Office, Tallahassee, Florida, June 10, 1868, from Harrison Reed, who therein signs himself Gov- ernor ; And whereas, on the 6th day of July, 1868, a paper was received by the President, which paper being addressed to the President, bears [seal. date of the 4th of July, 1868, and was tranii- mitted by and under the name of W. W. Hol- den, who therein writes himself Governor of North Carolina, which paper certifies that the said proposed amendment, known as ai'ticla XIV, did pass the Senate and House of Repre* sentatives of the General Assembly of North Carolina on the second day of July instant, and is attested by the names of John H. Boner or Bower, as secretary of tlie House of Represent- atives, and T. A. Byrnes, as secretary of the Senate, and its ratification on tlie 4th of July, 1868, is attested by Tod R. Caldwell as Lieuten- ant Governor, president of Senate, and J. W. Holden as speaker of House of Represent- atives; Now, therefore, be it known tliat I, Andrew Johnson, President of the United States of America, in compliance with and execution of the act of Congress aforesaid, do issue this proclamation, announcing the fact of the ratifica- tion of the said amendment by the Legislature of tlie State of North Carolina, in the m-anner hereinbefore set forth. In testimony whereof I have signed these presents with my hand, and have caused the seal of the United States to be hereto affixed. Done at the city of Washington, this eleventh day of July, in the year of our Lord one thousand eight hundred and sixty- eight, and of the Independence of the United States of Arnej-ica the ninety- third. Andrew Johnson. By the President : Wm. H. Seward, Secretary of State. Certificate of Mr. Secretary Seward respecting the Ratification of the Fourteenth Amend- ment to the Constitution, July 20, 1868. William H. Seward, Secretary of State of the United States, to all to whom these presents may come, greeting : Whereas the Congress of the United States, on or about the sixteenth of June, in the year one thousand eight hundred and sixty-six, passed a resolution which is in the words and figures following, to wit : [For text of XlVth Amendment, see page 68 of Manual of 1867, or 194 of the combined Man- ual.] And whereas by the second section of the act of Congress, approved the twentieth of April, one thousand eight hundred and eighteen, enti- tled " An act to provide for the publication of the laws of the United States, and for other purposes," it is made the duty of the Secretary of State forthwith to cause any amendment to the Constitution of the United States, which has been adopted according to the provisions of the said Constitution, to be published in the news papers authorized to promulgate the laws, with liis certifiaate specifying the Slates by which tha same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States ; And whereas neither the act just quoted from, nor any other law, expressly or by conclusive implication, authorizes the Setiretary of State t© 380 POLITICAL MANUAL. determine and de«ide doubtful questions as to the authenticity of the organization of State legislatures, or as to the power of any 8tate legislature to recall a previous act or resolution of ratification of any amendment proposed to the Constitution ; And whereas it appears from official docu- ments on file in tliis Department that the' amend- ment to the Constitution of the United States, f)roposed as aforesaid, has been ratified by tiie egislatures of the States of Connecticut, New Hampshire, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Vir- ginia, Kansas, Maine, Nevada, Missouri, In- diana, Miinifsota, Riiode Island, Wisconsin, Pennsylvania, Michigan, Massachusetts, Ne- braska, aud Iowa; And whereas it further appears, from docu- ments on file in this Department, that the amendment to the Constitution of the United States, proposed as aforesaid, has also been rati- fied by newly-cocstituted and newly-established bodies avowing themselves to be, and acting as, the legislatures, respectively, of the States of Arkansas, Florida, North Carolina, Louisiana, South Carolina, aud Alabama; And whereas it further appears from official documents on file in this Department that the legislatures of two of the States first above enumerated, to wit: Ohio and New Jersey, have since passed resolutions respectively withdraw- ing the consent of each of said States to the aforesaid amendment; and whereas it is deemed a matter of doubt and uncertainty whether such resolutions are not irregular, invalid, and there- fore ineffectual for withdrawing the consent of the said two States, or of either of them, to the aforesaid amendment ; And wiiereas the whole number of States in the United Sta'',es is thirty-seven, to wit: New Hampshire, J/cissacliusetts, Rhode Island, Con- necticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Vermont, Kentucky, Tennessee, Ohio, Louisiana, Indiana, Missis- sippi, Illinois, Alabama, Maine, Missouri, Ar- kansas, Michigan, Florida, Texas, Iowa, Wis- consin, Minnesota, California, Oregon, Kansas, West Virginia, Nevada, and Nebraska; And whereas the twenty-three States first hereinbefore named, wiiose legislatures have ratified the said proposed amendment, and the SIX States next thereafter named, as having ratified tlie said proposed amendment by newly- constituted and established legislative bodies, togetlier constitute three-fourths of the whole number of States in tiie United States: Now, therefore, be it known, that I, William II. Seward, Secretary of State of the United States, by virtue and in pursuance of tiio second section of the act of Congress, approved the twentietli of April, eighteen hundred and eighteen, liereinbefore cited, do hereby certify tliat if tlie resolutions of the legislatures of Oiiio and New Jersey ratifying tlie aforesaid amendment are to be deemed as remaining in full force and effect, notwithstanding the subse- quent resolutions of tiie legislatures of ti:ose States which purport to withdraw the consent «f said States from such ratification, then the aforesaid amendment has been ratified in the manner hereinbefore mentioned, and so 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 aflixed. Done at the City of Washington this 20tn day of July, in the year of our Lord [seal.] 1868, and of the independence of the United States of America tlie ninety- third. William H. Seward, Secretary of State. Concurrent Besolution of Congress on the same Subject, July 21, 1868. Whereas the legislatures of the States of Connecticut, Tennessee, New Jersey, Oregon, Vermont, West Virginia, Kansas, Missouri, In- diana, Ohio, Illinois, Minnesota, New York, Wisconsin, Pennsylvania, Rhode Island, Michi- gan, Nevada, New Hampshire, Massachusetts, Nebraska, Maine, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina, and Louisiana, being three-fourths and more of the several States of the Union, have ratified the fourteenth article of amendment to the Consti- tution of the United States, duly proposed by two-thirds of each House of the Thirty-Ninth Congress ; therefore Resolved hy the Senate, {the House of Repre' sentativcs concurring,) That said fourteenth article is hereby declared to be a part of the Constitution of the United States, and it shall be duly promulgated as such by the Secretary of State. July 21 — Passed the Senate without a count. Same day — Passed the House — the resolu- tion — yeas 126, nays 32; the preamble — yeas 127, nays 35. Georgia has ratified it since, by a majority of ten in the Senate, and twenty-four in the House. General Blair's Letter to Colonel Brodhead. Washington, Jwie 30, 1868. Colonel James 0. Brodhead. Dear Colonel : In reply to your inquiries, I beg leave to say, that I leave to you to deter- mine, on consultation with my friends from Mis- souri, whether my name shall be presented to the Democratic Convention, and to submit the following as what I consider the real and only issue in this contest. The reconstruction policy of the Radicals will be complete before the next election ; tlie States so long excluded will have been admitted, ne- gro suffrage established, and the carpet-baggers installed in their seats in both brandies of Con- gress. There is no possibility of changing the political character of the Senate, even if the Democrats should elect their President and a majority of the popular branch of Congress We cannot, tiierefore, undo the Radical plan of re- construction by congressional action ; llie Senate will continue a bar to its repeal. Must we sub- mit to it? How can it be overthrown? It can only be overthrown by the authority of the Ex- ecutive, who is sworn to maintain the (Constitu- tion, and who will fail to do his duty if ho allows SPEECHES OF SEYMOUR AND BLAIR. 881 the Constitution to perish under a series of con- gressional enactments which are in palpable violation of its fundamental principles. If the Trosident elected by the Democracy- enforces or permits others to enforce these recon- struction acts, the Radicals, by the accession of twenty spurious Senators and fifty Representa- tives, will control both branches of Congress, and his administration will be as powerless as the present one of Mr. Johnson. There is but one way to restore the Govern- ment and the Constitution, and that is for the President elect to declare these acts null and void, compel the army to undo its usurpations at the South, disperse the carpetbag State govern- ments, allow the Vi?hite people to reorganize their own governments, and elect Senators and Representatives. The House of Representatives will contain a majority of Democrats from the North, and they will admit the Representatives elected by the white people of the South, and, with the co-operation of the President, it will not be difficult to compel the Senate to submit once more to the obligations of the Constitution. It will not be able to withstand the public judg- ment, if distinctly invoked and clearly expressed on this fundamental issue, and it is the sure way to avoid all future strife to put the issue plainly to the country. I repeat, that this is the real and only question whioh we should allow to control us: Shall we submit to the usurpations by which the Govern- ment has been overthrov/n ; or shall we exert ourselves for its full and complete restoration ? It is idle to talk of bonds, greenbacks, gold, the public faith, and the public credit. What can a Democratic President do in regard to any of these, with a Congress in both branches con- trolled by the carpet-baggers and their allies ? He will be powerless to stop the supplies by which idle negroes are organized into politi- cal clubs — by which an army is maintained to protect these vagabonds in their outrages upon the ballot. These, and things like these, eat up the revenues and resources of the Government and destroy its credits — 'make the difference be- tween gold and greenbacks. We must restore the Constitution before we can restore the finances, and to do this we must have a Presi- dent who will execute the will of the people by trampling into dust the usurpations of Congress known as the reconstruction acts. I wish to stand before the convention upon this issue, but it is one which embraces everything else that is of value in its large and comprehensive re- sults. It is the one thing that includes all that is worth a contest, and without it there is nothing that gives dignity, honor, or value to the strug- gle. Your friend, Feank P. Blair. Sp«eclies of Horatio Seymour and Francis P. Blair, Jr., Accepting the Nominations, July 10, 1868. [From the N. Y. World, July 11, 1868.] speech of governor seymour. Mr. Chairman and Gentlemen of the Com- mittee: I thank you for the courteous terms in which yon have communicated to me the action of the Democratic National Convention. I have no words adequate to express my gratitude for the good-will and kindness which that body has sliowii to me. Its nomination was unsought, aud unexpected. It was my ambition to take an active part, from which I am now excluded, in the great struggle going on for the restoration of good government, of peace and prosperity to our country. But I have been caught up by the whelming tide that is bearing us on to a g'-eat political change, and I find myself unable to resist its pressure. You have also given to me a copy of the resolutions put fortli by the convention, showing its position upon all the great questions which now agitate the country. As the presiding ofiicer of that convention, I am familiar with their scope and import, and as one of its members, I am a party to their terras ; they are in accord with my views, and I stand upon them in the contest upon which we are now entering ; and I shall strive to carry tiiem out in future, wherever I may be placed, in public or private life. I congratulate you, and all conservative men, who seek to restore order, peace, prosperity, and good government to our land, upon the evidences everywhere shown that we are to triumph at the next elec- tion. Those who are politically opposed to us flattered themselves there would be discord in our councils; they mistook the uncertainties of our views as to the best methods of carrying out our purposes, for difference of opinion with regard to those purposes. They mistook an intense anxiety to do no act which should not be wise and judicious, for a spirit of discord ; but during the lengthened proceedings and earnest discuss- ions of the convention there has prevailed an entire harmony of intercourse, a patient forbear- ance, and a self-sacrificing spirit, which are the sure tokens of a coming victory. Accept for yourselves, gentlemen, my wishes for your future welfare and happiness. In a few days I will answer the communication you have just handed me by letter, as is the customary form. speech of general BLAIR. Mr. Chairman : I accept the platform of reso- lutions passed by the late Democratic Conven- tion, and I accept their nomination with feelings of profound gratitude ; and, sir, I thank you for the very kind manner in which you have already conveyed to me the decision of the Democratic Convention. I accept the nomination with the conviction that your nomination for the Presi- dency is one which will carry us to certain victory, and because I «believe that the nom- ination is the most proper nomination that could be made by the Democratic party. The contest which we wage is for the restoration of constitutional government, and it is proper that we should make this contest under the lead of one who has given his life to the maintenance of constitutional government. We are to make the contest for the restoration of those great principles of government which belong to our race. And, my fellow-citizens, it is rn-^jst proper that we should select for our leader a man not from military life, but one who has devoted himself to civil pursuits ; who has given himself to the study and the understanding of the Con- stitution and its maintenance with all the force of reason and judgment. My fellow-citizens, I have said that the contest before ua was one for 382 POLITICAL MANUAL. the restoration of our government; it is also one for the restoration of our race. It is to pre- vent the people of our race from being exiled from their homes — exiled from the govern- ment which they formed and created for thera- Belve* and for tlieir children, and to prevent them from being driven out of the country or trodden under foot by an inferior and semi- barbarous race. In this country we shall have the sympathy of every man who is worthy to belong to the white race. What civilized people on earth would refuse to associate with them- selves in all the rights and honors and dignity of their country such men as Lee and Johnston? What civilized country on earth would fail to do honor to those who, fighting for an erroneous cause, yet distinguished themselves by gallantry in that service ? In that contest, for which they are sought to be disfranchised and to be exiled from their homes — in that contest, they have proved themselves worthy to be our peers. My tellow-citizens, it is not my purpose to make any long address, (cries of "go on,") but simply to express my gratitude for the great and distin- guished honor which has been conferred upon me A voice. "You are worthy of it." General Blair and from my heart to reiter- ate the words of thanks that fell from my lips when I arose. The Funding Bill, July 25, 1868. An Act providing for payment of the national debt, and for tTie reduction of the rate of in- terest thereon. Be it enacted, &c., That the Secretary of the Treasury is hereby authorized to issue coupon or registered bonds of the United States, in such form as he may prescribe, and of denominations of one hundred dollars, or any multiple of that sum, redeemable in coin at the pleasure of the United States after thirty and forty years, res- pectively, and bearing the following rates of ■yearly interest, payable semi-annually in coin, tliat is to say: The issue of bonds falling due in thirty years shall bear interest at four and a half per centum ; and bonds falling due in forty years shall bear interest at four per centum; which said bonds and the interest thereon shall be ex- empt from the payment of all taxes or duties to the United States, other than such income tax ag may be assessed on other incomes, as well as from taxation in any form by or under State, muni- cipal, or local authority, and the said bonds shall be exclusively used, par for par, for the redemp- tion of or in exchange for an equal amount of any of the present outstanding bonds of the United States known as the five-twenty bonds, and may be issued to an amount, in the aggre- gate, sufficient to cover the principal of all such five-twenty bonds, and no more. Sec. 2. That there is hereby appropriated out of the duties derived from imported goods the sura of one hundred and thirty-five millions of dollars annually, which sum, during each fiscal year, shaW be applied to the payment of the in- terest and to the reduction of the principal ol the public debt in such a manner as may be de- termined by the Secretary of the Treasury, or as Congress may hereafter direct ; and such reduc- tion shall be in lieu of the sinking fund con- templated by the fifth section of the 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," approved February twenty-fifth, eigh- teen hundred and sixty-two. Sec. 3. That from and after the passage of this act no percentage, deduction, commission, or compensation of any amount or kind shall be allowed to any person for the sale, negotiation, redemption or exchange of any bonds or securi- ties of the United States, or of any coin or bullion disposed of at the Treasury Department or else- where on account of the United States ; and all acts or parts of acts authorizing or permitting, by construction or otherwise, the Secretary of the Treasury to appoint any agent, other than some proper officer of his department, to make such sale, negotiation, redemption, or exchsnga of bonds and securities are hereby repealed. POLITICAL MANUAL FOR 1869. MEMBERS OF THE CABINET OF PRESIDENT JOHNSON, AND OF THE FORTIETH COxNTiRESS, THIRD SESSION. PSESIDENT JOHNSON'S CABINET. Secretary of State — Wm. H. Sewakd, of New York. Secretary of the Treasury — Hugh McCulloch, of Indiana. Secretary of War — John M. Schofield, of New York. Secretary of the Navy — HI-ideon Welles, of Con- necticut. Secretary of the Interior — Orville H. Bkownikg, of Illinois. Postmaster General — Alexander W. Randall, of Wisconsin. Attorney General — Wm. M. Evaets, of New York. MEMBERS OF THE FOUTIETH CONGRESS. Third Session, December 7, 1868— March 3, 1S69 Senate. Benjamin F. Wade, of Ohio, rrcsident of the Senate, and Acting Vice President. George C Gorham, of California, Secretary. Maine — Lot M. Morrill, William Pitt Fessenden. New Hampshire — Aaron H. Cragin, James W. Patterson. Vermont — George F. Edmunds. Justin S. Morrill. Massachusetts — Charles ISumner, Plenry Wilson. Rhode Island — William Sprague, Henry B. An- thonji-. C!onnec'ticict — James Dixon, Orris S. Ferry. New York — Edwin D. Morgan, Roscoe Conkling. Neiv /ersc?/— Frederick T. Frelingliuysen, Alex- ander G. Cattell. Pennsylvania — Charles R. Buckalew, Simon Cameron. Delaware — James A. Bayard, Willard Saulsbury. Maryland — William Pinckney Whyte, George Vickers. 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 — Benjamin F. Wade, John Sherman. Kentucky — Thomas C. McCreery, Garrett Davis. Tennessee — David T. Patterson, Joseph S. Fowler. Indiana — Thomas A. Hendricks, Oliver P. Mor- ton. Illinois — Richard Yates, Lyman Trumbull. Missouri — John B.Henderson, Charles D. Drake. Arkansas — Alexander McDonald, Benjamin F Rice. Michigan — Zachariah Chandler, Jacob M. How- ard. Florida — Adonijah S. Welch, Thomas W. Osborn Iowa — James W. Grimes, James Harlan Wisconsin — James R. Doolittle, Timothy 0, Howe. California— John Conness, Cornelius Cole. Minnesota — Alexander Ramsey, Dan'l S. Norton. Oregon — George H. Williams, Henry W- Corbett. Kansas — Edmund G. Ross, Samuel C. Pomeroy. West Virginia — Peter G. Van Winkle, Waitman T. WiUey. Nevada — William M. Stewart, James W. Nye. Nebraska — Thomas W. Tipton, John M. Thayer. House of Representatives. Schuyler Colfax, of Indiana, Speaker. Edward McPherson, of Pennsylvania, Clerk-. Maine — John Lynch, Sidney Perham, James G. Blaine, John A. Peters, Frederick A. Pike. New Hampshire — Jacob H. Ela, Aaron F. Ste- vens, Jacob Benton. Vermont — Frederick E. Woodbridge, Luke P. Poland, Worthington C. Smith. Massachusetts— Thomas D. Eliot, Oakes Ames, Ginery Twichell, Samuel Hooper, Benjamin F. Butler, Nathaniel P. Banks, George S. Boulwell, John D. Baldwin, William B. Wash- burn, Henry L. Dawe?. Rhode Island — Thomas A. Jenckes, Nathan F. DiAOn. Connecticut — Richard D. Hubbard, Julius Hotch- kiss, Henry H. Starkweather, William H. Barnum. New yori— Stephen Taber, Demas Barnes, Wil- liam E. Robinson, John Fox, John Morrissey, Thomas E. Stewart, John W. Chanler, James Brooks, Fernando Wood, William H. Robert- son, Charles H. Van Wyck, John H. Ketcham, Thomas Cornell, John V. L. Pruyn, John A. Griswold, Orange Ferriss, Calvin T. Hulburd, James M. Marvin, William C Fields, Addison H. Laflin, Alexander H. Bailey, John G. Churchill, Dennis McCarthy, Theodore M. Pomeroy, William H. Kelsey, William S. Lin- coln, Hamilton Ward, Lewis Selye, Burt Van Horn, James M. Humphrey, Henry Van Aernam. 384 POLITICAL MANUAL. New Jersey — William Moore, Charles Haight, Charles Sitgreaves, John Hill, George A. Hal- sey. Penns}/lvania — Samuel J. Kandall, Charles O'- Neill, Leonard Mj'ers, William D. Kelley, Ca- leb N. Taylor, Benjamin M. Boyer, John M. Brooraall, J. Lawrence Getz, 0. J. Dickey,* Henry L. Cake, Daniel M. Vai Auken, George W. Woodward, Ulysses Mercur, George F. Miller, Adam J. Glossbrenner, William H. Koontz, Daniel J. Morrell, Stephen F. Wilson, Glenni W. Scofield, S. Newton Pettis,t John Covode, James K. Moorhead, Thomas Wil- liams, George V. Lawrence. Delaware — John A. Nicholson. Maryland — Hiram McCullough, Stevenson Arch- er, Charles E. Phelps, Francis Thomas, Fred- erick Stone. North Carolina. — John R. French, David Heaton, Oliver H. Dockery, John T. Deweese, Israel G. Lash, Nathaniel Boyden, Alexander H. Jones. South Carolina — B. F. Whittemore.C. C. Bowen, Simeon Corlev, James H. Goss. Georgia— J. W' Olift, Nel.5on Tift, W. P. Ed- wards, Samuel F. Gove, C. H. Prince, (vacan- cy,) P. M. B. Young. Alabama — Francis W. Kellogg, Charles W. Buckley, Benjamin W. Norris, Charles W. Pierce, John B. Callis, Thomas Haughey. Louisiana — J. Hab Sypher, (vacancy,) Joseph P. Newsham, Michel Vidal, W. Jasper Black- burn. Ohio — Benjamin Eggleston, Samuel F. Cary, Robert C. Schenck, William Lawrence, Wil- liam Mungen, Reader W. Clarke, Samuel Shel- labarger, John Beatty, Ralph P. Buckland, James M. Ashley, John T. Wilson, Philadelph Van Trump, Columbus Delano, Martin Welker, Tobias A. Plants, John A. Bingham, Ephraim R. Eckley, Rufus P. Spalding, James A. Gar- field. Kentucky — Lawrence S. Trimble, (vacancy,) J. S. GoUaday, J. Proctor Knott, Asa P. Grover, Thomas L. Jones, James B. Beck, George M. Adams, Samuel McKee. T'e/jnessee— Roderick R. Butler, Horace May- nard, William B. Stokes, James Mullins, John Trimble, Samuel M. Arnell, Isaac R. Hawkins, David A. Nunn. Indiana — William E. Niblack, Michael C. Kerr, Morton C. Hunter, William S. Holman, George W. Julian, John Coburn, Henry D. Washburn, Godlove S. Orth, Schuyler Colfax, William Williams, John P. C Shanks. Illinois — Norman B. Judd, John F. Farnswoitn, J^Uihu B. Washburne, AbnerC. Harding, Ebon C. Inger.soll, Burton C Cook, Henry P. H. Bromwell, Shelby M. Cullom, Lewis W. Ross, Albert G. Burr, Samuel S. Marshall, Jehu Ba- ker, Green B. Raum, John A. Logan. Missouri — William A. Pile, Carman A. Newcomb, James R. McCormick, Joseph J. Gravely, John H. Stover,* Robert T. Van Horn, Benjamin F. Loan, John F. Benjamin, George W. An- derson. Arkansas — Logan H. Roots, James T. Ellio*-t, Thomas Boles. Michigan — Fernando C. Beaman. Charles Upson, Austin Blair. Thomas W. Ferry, Rowland E. Trowbridge, John F. Driggs. Florida — Charles M. Hamilton. Iowa — James F. Wilson, Hiram Price, Willian. B. Allison, William Loughridge, Grenville M. Dodge, Asahel W. Hubbard. Wisconsin — Halbert E. Paine, Benjamin F. Hop- kins, Amasa Cobb, Charles A. Eldridge, Phile- tus Sawyer, Cadwalader C. Washburn. California — Samuel B. Axtell, William Higby, James A. Johnson. Minnesota — William Windom, Ignatius Don- nelly. Oregon— Rufus Mallory. Kansas — Sidney Clarke. West Virginia — Chester D. Hubbard, Bethuel M. Kitclien, Daniel Polsley. Nevada — Delos R. Ashley. Nebraska — John Taff?. • In place of Thaddeus Stevens, decea.sed. ' * In place of Joseph W. McClurg, resigned, t In place of I)arwin A. Finney, deceased. XXXVIIl. PRESIDENT JOHNSON'S LAST ANNUAL MESSAGE, DECEMBER 7, 18C8. The following extracts relate to reconstruction a::d other controverted subjects: Fellow- Citizens of the Senate and House of Representatives: Upon the reassembling of Congress, it again becomes my duty to call your attention to the state of the Union, and to its continued disor- ganized condition under the various laws which have been passed upon the subject of recon- struction. It may be safely assumed, 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 un- relenting decrees of desDotic rulers, and that THE PKESIDENT S MESSAGE. 385 the timely revocation of injurious and oppress- ive measures is the greatest good tliat can be conferred upon a nation. The legislator or ruler who has the wisdom and magnanimity to retrace liis steps, when convinced of error, will sooner or later be rewarded with the respect 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 domestic troubles are directly traceable to violations of the organic law and excessive legislation. The most striking illustrations of this fact are furnished by the enactments of the past three years upon the question of reconstruction. After a fair trial they have substantial!}' failed and proved per- nicious 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 eacli of which the people have 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- cluded 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 popula- tion 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 a feeling of animosity which, leading in some instances to collision and bloodshed, has pre- vented that co-operation between the two races so essential to the success of industrial enter- prises in the Southern States. Nor have the inhabitants of those States alone suffered from the disturbed condition of affairs growing out of these congressional enactments. The entire Union has been agitated by grave apprehensions of troubles which might again involve the peace of the nation ; its interests have been injuriously 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 successfnll}' conducted all our domestic and foreign affairs, sustained ourselves in peace and in war, and become agreat nation among the Powers of *,he earth — must assuredly be now adequate to the settlement of questions growing out of the civil war waged alone 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 Bpirit 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 taken place. By the application of the simple yet effective provisions of the Constitution the executive department, with the voluntary aid of the States, had brought the work of restora- 25 tion as near completion as was within the scope of its authority, and the nation was encouraged by the jirospect of an early and satisfactory ad- justmentof all itsditBculties. Congress, however, intervened, and, refusing to perfect the work so nearl}' conh^unimated, declined to admit members from the unrepresented States, adopted a series of measures which arrested the progress of '■es- toration. frustrated all tiiat had been so suc.;es8- fully accomplished, and after three years of agitation and strife has left the country further from the attainment of union and fraternal feeling than at the inception of the congress- ional plan of reconstruction. It needs no argument 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 ser- tional prejudice, other acts have been passed not warranted by the Constitution. Congress has already been made familiar with my views res- pecting the '' tenure-of-oflice bill." Experience has proved that its repeal is demanded by the best interests of the country, and that while it remains in force the President cannot enjoin that rigid accountability of public oiScers so essential to an honest and efficient 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 appropri- 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 'constitutional functions as Com- mander-in-Chief of the Army, and deny to States of the Union the right to protect them- selves by means of their own militia. These provisions should be at once annulled ; for while the 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, the other is contrary to the express declaration of the Constitution, that, "a well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed." • 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 indication that hereafter the Constitution is to be made the nation's saf*^ and unerring guide. They can be productive of no permanent benefit to the coun- try, and should not be permitted to stand as so many monuments of the deficient wisdom which has characterized our recent legislation. The condition of our finances demands the early and earnest consideration of Congress. Compared with the growth of our population, the public expenditures have reached an amount unprecedented in our history. The population of the United States in 1790 was nearly four millions of people. Increasing each decade about thirty-three per cent., it reached in 1860 thirty-one millions — an increase of seven hundred per cent, on the population in 386 POLITICAL MANUAL. 1790. In 1869 it is estimated that it will reach thirty-eight millions, or an increase of eight hundred and sixty-eight per cent, in seventy- nine years. The annual expenditures of the Federal Government in 1791 were $4,200,000; in 1820, Sis, 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 Treasur}', in his last annual report, that they will be $372,000,000. Bj' comparing the public disbursements of 1869, as estimated, with tho.se of 1791, it will be seen tliat the increase of expenditure since the beginning of the Government has been eiglit thousand six hundred and eighteen per cent., while the increase 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, and in 1860 but $2^er capita; while in 1869 they will reach the extravagant sum of $9 78 per capita. It will be observed that all of these statements refer to and exhibit the disbursements of peace periods. It may, therefore, be of interest to compare the expenditures of the three war pe- riods — the war with Great Britain, the Mexican war, and tlie war of the rebellion. In 1814 the annual expenses incident to the war of 1812 reached their highest amount — about thirtj'-one millions; while our population slightly exceeded eight millions, showing an expenditure of only $3 80 per captto. 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 of that year. In 1865 the expenditures called for by the rebellion reached the vast amount of $1,290,000,000, which, compared with a population of thirty- Jour millions, gives $38 20 per capita. From the 4th day of March, 1789, to the 30th of Juno, 1861, tiie entire expenditures of the Government were $1,700,000,000. During that period we wer*- engaged in wars with Great Bri- tain and Mexico, and were involved in hostilities with powerful Indian tribes; Louisiana was purchased fiom France at a cost of $15,000,000; Florida was ceded to us by Spain for $5,000,0110; California was acquired from Mexico for $15,- 000,000; 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, 1SG5, the public expenditures reached the enormous aggregate of $3,300,000,000. Three years of peace liave intervened, and during that time the disbursements of the Government have eucce.'isively been $520,000,000, $346,000,000, and $393,000,000. Adding to these amounts $372,000,000, estimated as necessary for the fiscal year ending the 30tli of 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 nam-e'L These startling facts clearly illustrate the ne- cessity of retrenchment in all branches of the pub- lic service. Abuses which were tolerated during the war for the preservation of the nation will not be endured by the people, now that profound peace prevails. The receipts from internal rev- enues and customs have during the past three years gradually diminished, and the continuance of useless and extravagant expenditures '/ill involve us in national bankruptcy, or else ni»,ke inevitable an increase of taxes, already too onerous, and in many respects obnoxious on account of their inquisitorial character. One hundred millions annually are expended for the military force, a large portii.ii of which is em- ployed in the execution of law s both unneceseary and unconstitutional; $150,000,000 are required each year to pay the interest on the public debt; an army of t.«xgatherers impoverishes the na- tion; and public agents, placed by Congress be- yond the control of the Executive, divert from their legitimate purposes large sums of money which they collect from the people in the name of the Government. Judicious legislation £.nd prudent economy can alone remedy defects and avert evils which, if suffered to exist, cannot fail to diminish confidence in the public councils, and weaken the attachment and respect uf 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- ized, and additional millions be added ii> 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 Jur.s 30, 1868, were $405,638,083, and that the expeudituresfor the same period were $377,340,284. leaving in the Treasury a surplus of $28,297, 79'5. Itisesti- mated thatlhe receipts during the piesent fiscal year ending June 30, 1869, will be ^'^,41,392,868, and the expenditures $336,152,470, showing a small balance of $5,240,398 in favor of the Gov- ernment. For tlie fiscal year ending June 30, 1870, it is estimated that the receip'a will amount to $327,000,000, and the expenditures to $303,- 000,000, leaving an estimated su.plus of $24,- (>00,000. It becomes proper, in this connection, to make a brief reference to our [lublic indebtedness, which has accumulated with such alarming rap- idity and assumed such colossal j roportions. In 1789, when the Government commenced operations under the Federal Conbtitution, it was burdened with an indebtedness of $75,000,000 created during the war of the Kevolulion. This amount had been reduced to $45,000,000 when, in 1812, war was declared against Great Britain. The three years' struggle that follo'ived largely increased the national obligations, ^nd in 1816 they had attained the sum of $127,000,000. Wise THE PRESIDENT'S JMESSAGE. 387 and economical legislation, however, enabled the Government to pay the entire amount within a period of twenty years, and the extinguish- ment of the national debi filled the land with rejoicing, and was one of the great events of President Jackson's administration. After its redemption a large land remained in the Treas- ury, which was deposited for safekeeping with the several States, on condition that it should be returned when required by the public wants. In 1849 — the year alter the termination of an expensive war with Me.xico — we found ourselves involved in a debt of $64,000,000; and this was tiie amount owed by the Government in 1860, just prior to the outbreak of the rebellion. In the spring of 1861 our civil war commenced. Each year of its continuance made an enormous addition to the debt; and when, in the spring of 1865, the nation successfully emerged from the conflict, the obligations of the Government had reached the immense sum of $2 873, 992.- 909. The Secretary of the Treasury shows that on the 1st day of November, 1867. this amount had been reduced to $2,491,504,450; but at the same time his report exhibits an increase during the past year of $35,625,102; for the debt on the 1st day of November last is stated to have been $2,527,129,552. It is estimated by the Secretary that the returns for the past month will add to our liabilities the further sum of $11,000,000 — making a total increase during thirteen months of |46 500,000. In my message to Congress of December 4, 1865, it was suggested that a policy should be devised, which, without being oppressive to the people, would at once begin to effect a reduction of the debt, and if persisted in discharge it fully within a definite number of years. The Secre- tary of the Treasury forcibly recommends legis- lation of this character, and justly urges that the longer it is de.''erred the more difficult must become its accomplishment. We should follow the wise precedents established in 1789 and 1816, and without further delay make provision for the payment of our obligations at as early a fieriod as may be practicable The fruits of their abor should be enjoyed by our citizens, rather than used to build up and sustain monej^ed mon- opolies in our own and other lands. Our foreign debt is alread}'- computed by the Secretary of the Treasury at $850,000,000; citizens of foreign countries receive interest upon a large portion of our securities, and American tax-payers are made to contribute large sums for their support. The idea that such a debt is to become perma- nent should be at all times discarded, as in- volving taxation too heavy to be borne and payment once in every sixteen years at the present rate of interest of an amount equal to the original sum. This vast debt, if permitted to hecome permanent and increasing, must event- ually be gathered into the hands of a few, and enable them to exert a dangerous and control- ling power in the affairs of the Government. The borrowers would become servants to the lenders — the lenders the masters of the people. We now [iride ourselves upon having given freedom to four millions of the colored race ; it will then be our shame that forty million people, by their own toleration of usurpation and profligacy. have suffered themselves to become enslaved, and merely exchanged slave-owners for new task- masters in the shape of bond-holders and tax- gatherers. Besides, permanent debts pertain to monarchical governments, and tending to mon- opolies, perpetuities, and class legislation, are totally irreconcilable with free institutions. In- troduced into our republican system, they would gradually but surely sap its foundations, event- uall}' subvert our governmental fabric, and ersct upon its ruins a moneyed aristocrac}'. It is our sacred duty to transmit unimpaired to our pos- terity the blessings of liberty which were be- queathed to us by the founders of the Republic, and by our example teach those who are to fol- low us carefull}' to avoid the dangers which threaten a free and independent people. Various plans have been proposed for the pay- ment of the public debt. However they may have varied as to the time and mode in which it should be redeemed, there seems to be a general concurrence as to the pro[iriety and justness of a reduction in the present rate of interest. The Secretary of the Treasury, in liis report, recom- mends five per cent. ; Congress, in a bill passed prior to adjournment, on the 27th of July last, agreed upon four and four and a half per cent.; while by many three per cent, has been held to be an amply sufficient return for the investment. The general impression as to the exorbitancy of the existing rate of intere.st has led to an inquiry in the public mind respecting the consideration which the Government has actually received for its bonds, and the conclusion is becoming preva- lent that the amount which it obtained was in real money three or four hundred per cent, less than the obligations which it issued in return. It cannot be denied that we are paying an ex- travagant percentage for the use of the money borrowed, which was pajier currency, greatly depreciated below the value of coin. This fact is made apparent, when we consider that bond- holders receive from the Treasury, upon each dollar they own in Government securities, six per cent, in gold, which is nearly or quite equal to nine per cent, in currency; that the bonds are then converted into capital for the national banks, upon which those institutions issue their circulation, bearing six per cent, interest; and that they are exempt from taxation by the Gov- ernment and the Stales, and thereby enhanced two per cent, in the hands of the holders- We have thus an aggregate of seventeen per cent, which may be received upon each dollar by the owners of Government securities. A system that produces such results is justlj* regarded as favoring a few at the expense of the many, and has led to the further inquiry, whether our bondholders, in view of the large profits which they have enjoyed, would themselves be averse to a settlement of our indebtedness upon a plan which would yield them a fair remuneration, and at the same time be just to the tax-payers of the nation. Our national credit should be sacredly observed; but in mak ing provision for our creditors we should not forget what is due to the masses of the people. It may be assumed that the holders of our securi- ties have already received upon their bonds a lai'ger amount than their original investment. 388 POLITICAL MANUAL. mea«ured b}' a goLl !=tand;\rd. Upon tliis state- ment ot facDs it; would seem but just and equita ble that the six per cent, interest now paid by the Government should be applied to the reduc- tion of the principal in semi-;innuai installments, which in sixteen years and eight months would liquidate the entire national debt. Six per cent, in gold would at present rates be equal to nine per cent, in currency, and equivalent to the pay- ment of the debt one and a half time in a fraction less than seventeen j-ears. This, in connection with all the other advantages derived from their investment, would afford to the public creditors a fair and liberal compensation for tlie use of their capital, and with this they should be satis- fied. The lessons of the past admonish the lender that it is not well to be over anxious in exacting from the borrower rigid comnliance with the letter of the bond.* If provision be made for the payment of the indebtedness of the Government in the manner suggested, our nation will rapidly recover its wonted prosperitj-. Its interests require that some measure should be taken to release the large amount of capital invested in the securities of the Government. It is not now merely un- productive, but in taxation annually consumes $150,000,000, which would otherwise be used by our enterprising people in adding to the wealth of tlie nation. Our commerce, which at one time successfully rivaled that of the great maritime Powers, has rapidly diminished, and our indus- trial interests are in a depressed and languishing condition. The development of our inexhausti- ble resources is checked, and the fertile fields of the South are becoming waste for want of means to till them. With the release of capital, new life would be infused into the paralyzed ener- gies of our people, and activity and vigor im- parted to every branch of industry. Our people need encouragement in their efforts to recover from the effects of the rebellion and of injudicious legislation ; and it should be the aim of the Gov- ernment to stimulate them by the prospectof an early release from the burdens which impede their prosperity. If we cannot take the burdens from their shoulders, we should at least manifest a willingness to help to bear them. In referring to the condition of the circulating medium, I shall merely reiterate, substantially, that portion of my last annual message which relates to that subject. The proportion wiiich the currency of any country should bear to the whole value of the annual produce circulated by its means is a question upon which political economists have not agreed. Nor can it be controlled by legisla- tion, but must be left to the irrevocable laws which everywhere regulate commerce and trade. The circulating medium will ever irresistibly flow to those jioints where it is in greatest demand. The law of demand and supply is as unerring as that which regulates the tides of the ocean ; and indeed currency, like the tides, has its ebbs and flows throughout the commercial world. At the beginning of the rebellion the bank- note circulation of the country amounted to not • See resolutions of Senate and House of Represent- atives thereon, pp. 391. much more than $200,000,000; now the cir- culation of national bank notes and those known as "legal-tenders" is nearly $700,000,000 While it is urged by some that this amount should be increased, others contend that a decided re- duction is absolutely essential to the best inter- ests of the country. In view of these diverse opinions, it may be well to ascertain the real value of our paper issues, when compared with a metallic or convertible currency. For this purpose let us inquire how much gold and silver could be purchased by the $700,000,000 of paper money now in circulation. Probably not more than half the amount of the latter, showing that when our paper currency is compared with gold and silver its commercial value is compressed into $350,000,000. This striking fact makes it the obvious duty of the Government, as early as may be consistent with the principles of sound political economy, to take such measures as will enable the holder of its notes and those of the national banks to convert them, without loss, into specie or its equivalent. A reduction of our paper-circulating medium need not necessa- rily follow. This, however, v/ould depend upon the law of demand and supply ; though it should be borne in mind that by making legal-tender and bank notes convertible into coin or its equiv- alent, their present specie value in the hands of their holders would be enhanced one hundred per cent. Legislation for the accomplishment of a result so desirable is demanded by the highest public considerations. The Constitution contemplatef that the circulating medium of the country shall be uniform in quality and value. At the time of the formation of that instrument the country had just emerged from the war of the Pvevolu- tion, and was suffering from the effects of a re- dundant and worthless paper currency. The sages of that j-eriod were anxious to protect their posterity from the evils which they themselves had experienced. Hence, in providing a circu- lating medium, they conferred upon Congress the power to coin money and regulate the value thereof, at the same time prohibiting the States from making anything but gold and silver a tender in payment of debts. The anomalous condition of our currency is in striking contrast with that which was originally designed. Our circulation now emliraces, first, no'es f)f the national banks, which are made re- ceivable for all dues to theGovernrnent, excluding imposts, and by all its creilitors, excepting in pay- ment of interest u[)on its bonds and the securities themselves; second, legal-tender notes issued by the United States, and which the law requires shall be received as well in payment of all debts between citizens as of all Government dues, ex- cepting imposts ; and, third, gold and silver coin. By the operation of our presentsystem of finance, however, the metallic currenc}', when collected, is reserved only for one class of Government creditors, who, holding its bonds, semiannually receive their notes in coin from the national Treasury. There is no reason which will be ac- cepted as satisfactory by the peoj)lo why those who defend us on the land and protect us on the sea ; the pensioner upon the gratitude of the na- tion, bearing the scars and wounds received while THE president's MESSAGE. 380 in its service ; the public servants in the various Departments of the Government ; the farmer who supplies the soldiers of the army and the sailors of the navy ; the artisan who toils in the nation's workshops, or the mechanics and laborers who build its edifices and construct its forts and ves- sels of war, should, in payment of their just and hard ei)rneddues,receivedepreciated paper, while another class of their countrymen, no more de- servinj:, are paid in coin of gold and silver. Equal and exact justice requires that all the creditors ot the Government sliould be paid in a currency possessing a uniform value. This can only be accomplished by the restoration of the currency to the standard established by the Con- stitution ; and by this means we would remove a discrimination which may, if it has not already done so, create a prejudice that may become deep- rooted and wide-spread, and imperil the national credit. The feasibility of making our currency cor- respond with the constitutional standard maybe Been by reference to a few facts derived from our commercial statistics. The aggregate product of precious metals in the United States from 1849 to 1867 amounted to $1,174,000,000, while for the same period the net exports of specie were $741,000,000. This shows an excess of product over net exports of $433,000,000. There are in the Treasury $103,- 407,985 HI coin, in circulation in the States on the Pacific coast about $40,000,000, and a few millions in the national and other banks — in all less than $160,000,000. Taking into considera- tion the specie in the country prior to 1849 and that produced since 1867, and we have more than $300,000,000 not accounted for by exportation or by the returns of the Treasury, and therefore most probably remaining in the country. These are important facts, and show how com- pletely the inferior currency will supersede the better, forcing it from circulation among the masses, and causing it to be exported as a mere article of trade, to add to the money capital of foreign lands. They show the necessity of re- tiring our paper money, that the return of gold and silver to the avenues of trade may be in- vited, and a demand created which will cause the retention at home of at least so much of the productions of o%' rich and inexhaustible gold- bearing fields as W^J be sufficient lor purposes of circulation. It is unreasonable to expect a return to a sound currency so long as the Gov- ernment and banks, by continuing to issue irre- deemable notes, fill the channels of circulation with depreciated paper. Notwithstanding a coinage by our mints, since 1849, of $874,000,- 000, the people are now strangers to the currency which was designed for their use and benefit, mid specimens of the precious metals bearing the national device are seldom seen, except when jiroduced to gratify the interest excited by their novelty. If depreciated paper is to be continued as the permanent currency of the country, and all our coin is to become a mere article of traffic and speculation, to the enhancement in price of all that is indispensable to the comfort of the people, it would be wise economy to abolish our mints, thus saving the nation the care and ex- pense incident to svch establishments, and let all our precious metal be exported in bullion. The time has come, however, when the Government and national banks should be required to take the most efficient steps and make all necessary arrangements for a resumption of specie pay- ments. Let specie payments once be earnestly inaugurated by the Government and banks, and the value of the paper circulation would di- rectly approximate a specie standard. Specie payments having been resumed by the Government and banks, all notes or bills of paper issued by either of a less denomination than twenty dollars should by law be excluded from circulation, so that the people may have the benefit and convenience of a gold and silver currency which, in all their business transac- tions, will be uniform in value at home and abroad. "Every man of property or industry, every man who desires to preserve what he honestly possesses, or to obtain what he can honestly earn, has a direct interest in maintaining a safe circulating medium — such a medium hs shall be real and substantial, not liable to vibrate with opinions, not subject to be blown up or blown down bj^ the breath of speculation, but to be made stable and secure. A disordered currency is one of the greatest political evils. It under- mines the virtues necessary for the support of the social system, and encourages propensities d'Structive of its happiness. It wars against industry, frugality, and economy, and it fosters the evil spirits of extravagance and speculation." It has been asserted by one of our profound and most gifted statesmen, that "of all the contri- vances for cheating the laboring classes of man- kind none has been more effectual than that which deludes them with paper money. This is the most effectual of inventions to fertilize the rich man's fields by the sweat of the poor man's brow. Ordinary tyranny, oppression, excessive taxation — these bear lightly on the ha[ipiness of the mass of the community compared with a fraudulent currency and the robberies commit ■ ted by depreciated paper. Our own history has recorded for our instruction enough and more than enough of the demoralizing tendency, the injustice, and the intolerable oppression on the virtuous and well-disposed of a degraded paper currency authorized by law or in any way coun- tenanced by Government." It is one of the most successful devices, in times of peace or war, of expansions or revulsions, to accomplish the transfer of all the precious metals from the great; mass of the people into the hands of the few, where they are hoarded in secret places or de- posited under bolts and bars, while the people are left to endure all the inconvenience, sacrifice, and demoralization resulting from the use of de- preciated and worthless paper. * * * During the fiscal year ending June 30, 1868, SIX million six hundred and fifty-five thousand seven hundred acres of public land were dis- posed of * * * On the 30th of June, 1868, one hundred and sixty-nine thousand six hundred and forty-three names were borne on the pension rolls, and during the year ending on that day the total amount paid for pensions, includin^^ the expenses 390 POLITICAL MANUAL. of disbursement, was $24,010,982, being $5,391,- 025 greater thaa tliat expended for like pur- poses during the preceding year. * * * Treaties with various Indian tribes have been concluded, and will be submitted to the Senate lor its constitutional action. * * * Tiie strength of our militarj' force on the 30lh of September last was forty-eight thousand men, and it is computed that, by tlie 1st of January next, lliis number will be decreased to forty-three thousand. It is the opinion of the Secretary of War that within the next year a considerable diminution of the infantry force may be made without detriment to the interests of the country ; and in vi^w of the great expense attending the military peace establishment, and the absolute necessity of retrenchment wherever it can be applied, it is hoped that Congress will sanction the reduction whicli his report recommends. While m 1S60 sixteen thousand three hundred men cost the nation $16,472,000, llie sum of $65,682,000 is estimated as necessary for the support of the army during the fiscal year end- ing June 30, 1870. The estimates of the War Department for the last two fiscal years were, for 1S67, $33,814,461; and for 1868, $25,205,069. The actual expenditures during tlie same perinds were, respectively, $95,224,415 and $ 1 23,246 618. The estimate submitted in December last fur the fiscal year ending June 30, 1869, was $77, 124,707 ; the expenditures for the first quarter, ending the 30th of September last, were ?27,219,117, and the Secretary of the Treasury gives $66,000,000 as the amount which will probably be required during the remaining three quarters, if there should be no reduction of the army — making its aggregate cost for the yeur considerably in excess of $93,000,000. Tiie difi"erence between the estimates and expenditures for tlie three fiscal years which have been named is thus shown to be $175,545,343 for this single branch of the public service. * * ■* The total number of vessels in tlie navy is two hundred and six, mounting seventeen hundred and forty-three guns. Eighty-one ves^^els of every description are in use, armed with six hundred and ninety-six guns. The number of enlisted men in the service, including aj'pren- tices, has been reduced to eiglit tiiousaud five hundred. -x- * * The ordinarv postal revenue for the fiscal year ending June 30, 1868, was $16,292,600, and the total expenditures, embracing all the service for which special appropriations have been made by Congress, amounted to $22,730,592, showing an excess of expenditures of $6,437,991. * * * Comprehensive national policy would seem to sanction the acquisition and incorporation into our Federal Union of the several adjacent con- tinental and insular communities as speedily as it can be done peacefully, lawfully, and without any violation of national justice, faith, or honor. Foreign possession or control of those commu- nities has hitherto hindered the growth and im- paired the influence of the United States. Chronic revolution and anarchy there would be equalli' injurious. Each one of them, when firmly es- tablished as an independent rejjublic, or when incorporated into the United States, wouhl be a new source of strength and pow^r. Conforming rny administration to these principles, I have on no occasion lent support or toleration to unlawful expeditions set on foot upon the plea of repub- lican propagandism or of national extension or aggrandizement. The necessity, however, of repressing such unlawful movements clearly in- dicates the duty which rests upon us of adapting our legislative action to the new circumstances of a decline of European monarchical power and influence, and the increase of American repub- lican ide?s, interests, and sympathies. It cannot be long before it will become neces- sarj' for this Government to lend some efl'ective aid to the solution of the politic;;' and social firoblems which are continually kejit before the world by the two republics of the Island of St. Domingo, and which are now disclosing them- selves more distinctly than heretofore in the Island of Cuba. Tlie subject is comnu-nded to your consideration with all the more earnestness because 1 am satisfied that the time has arrived when even so direct a proceeding as a proposi- tion for an annexation of the two rejuiblics of the Islan/cr, Farnsworth, Geiz, Hoi man, Hotchkiss, Johnson, Thomas L. Jones, JVibiack, Phelps, Randall, Boss, Taber, Van Auken, Van Trump, Woodward, Young — 18. The resolution was then taken up, and con- curred in. PROCEEDINGS UNDER THIS RESOLUTION. On "Wednesday. February 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, autliorized 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 the ground that no valid election of electors had been held in said State. The Senate withdrew, and voted That the votes of the electors of the State of Louisiana be counted — yeas 51, nays 7, as fol- low : Yeas — Messrs. Abbott, Anthonj', Buckalew, Cameron, Cattell,Cole, Conkling,Conness, Corbett, Cragin, Davis, Dixon. Doolittle, Drake, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Harlan, Harris, Hen- dricks, Howe, Kellogg, McCrecnj, McDonald, Morgan, Morrill of Vermont, Osborn, Patterson of New Hamp- shire, Pattersonof Tennessee, Pool, Ramsey, Rice, Ross, Saulsburii, Sawyer, Sherman, Spencer, Sprague, Stewart, Tipton, Trumbull, Van Winkle, FicA:er«, Warner, If %iwes, Donnelly, Dri2;gs. Ecl^ler, Edwards, Ela, Th:imas D. Eliot, James T, EPiot't. Fields, Fren^n, Hamilton, Harding, Haughey, Chester D. Hubbard, Hulburd, Hunter, Julian, Kelsey, Loan, Maynard, Mo» Kee, Morrell, Mullins, Newshani, O'Neill, oVth, Paine, Perham, Pettis, Pierce. Prince, Roots, Shanks, Stevens, Stover, Upson. Van Aernam, R. T. Van Horn, Van Wyck, Vidal, Ward, Henry D. Washburn, Whittemore, Thomas Williams, William Williams — 03. 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- ing objection to counting the vote of Georgia: First. I object, under tlie 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 ttie elec- 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 tlie 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 United 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 free, 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, Buckalew, Cattell, Conness, Corbett, Cragin, Davis, Dixon, Doolittle, Ed- munds, Fowler, Frelinghuysen, Grimes, Hendricks, Kellogg, McCreery, Morrill of Maine, Blorrill of Ver- mont, Morton, Patterson of New Hampshire, Patterson of Tennessee, Ross, Saulsbury, Sawyer, Sherman, Sprague, Stewart, Tipton, Vickers, Wht/te, Williams— :!1. Nays — Messrs. Cameron, Chandler, Cole, Conkling, Drake, Ferry, Fessenden, Harlan, Harris, Howe, Mc- Donald, Morgan, Nye, Pool, R.amsey, Rice, Robertson, Spencer. Sumner, "Thayer, Trumbull, Van Winkle, Wade, Warner, Willey, Yates— 26. Mr. Howard ofl'ered this resolution : Resolved, That the electoral vote of Georgia ought not to be counted. VVhich, being entertained as in order, was disagreed to — yeas 25, nays 34, as follow : Yeas— Messrs. Abbott, Cameron, Chandler, Cole, Conklinir. Drake, Harlan, Harris, Howard, Howe, Kel- logg, McDonald, Nye, i islxirn, Ramsey, Rice, Robert- son, Sawyer, Spencer, Stewart, Sumner, Thayer, Wado, Wilson, Yates — 2,5. Nays— JSuCitoieu), Conness, Corbett, Cragin, DaviM, POLITICAL VOTES. 395 Dixon, DooUttlc, Edmunds, Ferry, Fesscnden, Fowler, Frelini^huvsen, Grimes, Hendricks, McCreer;/, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Pat- terson of New Hampshire, Patterson of Tennessee, Pool. Ross, i^auUhnry, Sherman, Sprasue, Tipton, Trumbull, Van Winkle, Fic^crs, Warner, H''%^c, Willey, Williams— 34. Tlie House voted oa the question. Shall the vote of Georgia be counted ? Yeas 41, nays 150, (not votiui.^ 31,) as follow : Yeas— Messrs Axtell, Baker. Barnes. Barnum. Beck, Boi/er, Brooks, Burr, Gary, Chanler, Eldridge, Farns- woVth. Gctz. Glossbrenner, Golladaii, Graver, HaUjht, Hawkins, Ilolnian, Hotchkiss. Hnmphreij. Johnson. T. L. Jones Kerr, Knott. Marshall. McC'ormick, Mungen, Nichol- sun, Phelps, Pruyn, Randall. Ross. Sitgreavcs, Taker, Tift, Van Aukcn, Van Trump, Wood, Woodward. Young — 41. Navs— Messrs. All ison. D. E. Ashley. J. M. .Ashley, Bald- win, Banks, Beaman. Beatty, Benjamin, Benton, Bing- ham, Blaine, Blair, Boles, Boutwell, Bovven, Boyden, Bromwell, Bioomall, Buckland, Buckley, Benj. F.But- ler, Roderick R. Butler, Cake, Callis, Churchill, Reader W. Clarke. Sidney Clarke, Clift, Cobb, Cohurn, Corley, Covode. CuUom, Dawes, Deweese, Dickey, Dixon, Dodge, Donnelly, Driggs, Eckley, Edwards, Eggleston, Ela, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, 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, Kclsey, Ketcham, Kitchen, Koontz, Laflin, Lash, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan. Loughridge, Mallory, Marvin, Maynard, McCarthy, McKee, Miller, Moore, Moorhead. Morrell, Mullidis, Newcomb, Newsham, Nor- ris, O'Neill, Ortli, Paine, Perham, Peters, Pettis, Pierce, Pike, Pile, Plants, Poland, Polsley, Price, Prince, Raum, Robertson, Roots, Sawyer, Schenck, Seofield, Selve, Shanks, Shellabarger, Starkweather, Stevens, Stewart, Stokes, Stover, Sypher, Taffe, Taylor, Thomas, Trimble, Trowbridge. Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wvck, Vidal, Ward, EUihu B. Washburne, Henry D. Washburn, William B. AVashburn, Welker, Whittemore, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom— 150. The Senate 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 Further Security of Equal Rights in the District of Columbia. 1869, February 11 — The Senate passed the following bill without division : Fortieth Congress, Third Session. Be it enacted, &c.. That the word "white," wherever it occurs in the laws relating to the District of Columbia, or in the charter or ordi- nances of the cities of Washington or George- town, and operates as a limitation on the right of any elector of such District, or of either of the cities, to hold 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. In House. March 2 — It passed, without a call of the yeas and nays. March 3 — It was presented to the President (Johnson), and "pocketed." Forty- First Congress, First Session. March 8 — The Senate passed the same bill, without a division. March 16 — The House passed it — yeas 111, uays 46, (not voting 39,) as follow : Yeas— Messrs. AmljJer, Armstrong, Arnell, Aspen Bailey. Banks, Beaman, Beatty, Benjamin, BontoUi Bingham, Blair, Boles, Boyd, Biittinton, Burdett, Ben- jamm F Butler. Roderick'R. Butler, Cessna, Churchill, "Clarke, Amasa Cob!), Clinton L. Cobb, Conner. Cullom, Davis. Davfes, Deweese, Dockery, Donley, JJuval, Dyer, Ela, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Gar- field, GillJUan, Hafe, Hoaton, Hoar, Hooper, Hopkins, Hotchkiss, IngersoU, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kelsey, Ketcham. Knapp. Latlin, Lash, Lawrence, Loughridge, Maynard. McCarthy, McCrarv. McGrew. Mercur, Eliakim H. Moore, Jesse H. Moore, William Jloore, Morrell. Morrill, Negley, O'Neill. Orth, Packard, Paine, Palmer, Peters, PheTps, Poland, Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, Schenek, Seofield, Shanks, John A.Smith, William J. Smith, William Smyth, Stevenson, Stokes, Stoughtor, Strickland, Taflfe, Tanner, Tillman. Townsend, Twich- ell. Tyner, Upson, Van Horn, Cadwalader C. Washburn, William B. Washburn. Welker, Wheeler, Whittemore, Wilkinson, Willard, Williams. Winans— 111. Nats — Messrs. Archer, Axtell, Beck, Biggs, Bird, Brooks, Burr, Calkin, Crebs. Dickinson, Eldridge, Getz, Golladay, Haight, Haldeman, Ilamill, Holman, Johnson, Thomas L. Jones, Knott. Marshall, Maiiham. McCormick. McNeely, Moffet. Morgan. Mungen, Niblack, Potter, Reading, Reeves, Rice, Sloeum, Joseph S. Smith, Stone, Strader, Swann, Sweeneu, Trimble, Van Auken. Van Trump, Wells, Eugene M. Wilson, Winchester, Witcher, Wood — 40. The bill was approved by President Grant, March 18, 1869. BILL TO STRENGTHEN THE PUBLIC CREDIT. Fortieth Congress. In House. 1869, February 24— This bill passed : An Act to strengthen the public credit, and re- lating to contracts for the payment of coin. 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 contiicting questions and interpretations of the laws by virtue of which such obligations have been contracted, it is hereby provided and declared, that the faith of the United States is solemnly pledged to the payment in coin, or its equivalent, of all the interest-bearing obligations of the United State?, except in cases where the law authorizing the issue of any such obligation has expressly pro- vided that the same may be paid in lawful money or other currency than gold and silver: Provided, however. That before any of said in- terest-bearing obligations not already due shall mature, or be paid before maturity, the obliga- tions not bearing interest, known as United States notes, shall be made convertiljle into coin at the option of the holder. Sec 2. That any contract hereafter made spe- cifieally payable in coin, and the consideration of which may be a loan of coin, or a sale of pro- perty, or the rendering of labor or service of any kind, tlie price of whicli, 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 accord- 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 be given. Yeas 121, nays 60, (not voting 41,) as follow: Yeas — Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Axtell, Baldwin, Banks, 396 POLITICAL MANUAL. £arn'(rtj,BcaniiUi,Bonjnmin.Bonton,Blookburn, Blaine, Blair, Bnvdon, Bnt/er. Brooks. Broomall, Buckley, Callis, Chaulcr, Cluirrhili, Reader W. Clarke, Sidney Clarke, Clif;. Corlov, Cornell, Cullom. Dawes, Delano, Dixon, Dodu'o, Driggs. Eckley, Thomas D. Eliot, James T. El- liott," Ferriss, Ferry. Fields, Garfield, Gctj. Glossbrcnncr, Gove, (iri.-wnld. Ilidsey, Harding, Hoaton. Higby, Hill, Hooper. Hotchkus!;. Chester D. Hubbard, Richard D. JIahU.ird. lliilburd..jfuekes, Alexander H.Jones, Judd, ,)iilian, Kellost;. Kelsey, Ketcham, Kitchen, Koontz, Lattiii. Las li, George V. Lawrence, Lynch, Marvin, May- lu.rd. ."\KKee, Mercur, Miller, Moore, Moorhead, Mor- ri'll. .^Iiillins, Myers, Newcomb, Newsham, Norris, (_)'.\'eill, P.iine, Perham, Peters, Pettis, Phelps, Plants, Poland, Pomeroy, Price, Raum, Robertson, Robinson, Roots. Sawyer, Schenck, Scotield, Shcllabarger, Smith, Spaldiuir, Starkweather, Stewart, Stover, Tabcr, Taylor, Ti-owbridue, Twichell. Upson, Van Aernam, Burt Van lloni. Rohert T. Van Horn, Ward, Cadwalader C. Wash- bini, William B. Washburn, Welker, Whitteraore, Thomas Williams, James F. Wilson, Windom— 121. Navs— Messrs. Archer, Baker, Beatty, Beck, Bowen, Bromwell. Burr, Benjamin F. Butler, Roderick B. But- ler, Cake, Oibb, Coburn. Cook, Covode, Devveese, Don- nelly, Eggle.-^ton, Ela, Eldriihie,Farni/ard, Buckalew, Cole, Davis, Doolittle, Fowler, Hendricks, Ke\\oy:i;, McCrecrij, McDonald, Mor- ton, Norton, Osborn, Patterson of Tennessee, Robert- son, Ross, Sawyer, Spender, Sprague, Thayer, Tipton, Vickers, Wade, Whyte — 24. Same day — The House adopted tlie report — yeas 117, nays 59, (not voting 48,) as follow: Yeas — Mes.srs. Allison, Ames, Arnell, Delos R. Ash- ley, James M. Ashley, Aitell, Bailey, Birnes, Barnum, Beaman, Benjamin, Benton, Bingham. Blair, Boutwell, Bowen, Boyden, Brooks, Broomall, Buckley, Cake, Callis, Chnnler, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Corley, Cornell, Cullom, Dawes, Dickey, Dixon, Dodge, Eckley, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, Fields, Garfield, Gove. Gris- wold, Halsey, Haughoy, Heaton, Higby, Hill, Hooper, Hotchkiss. iiiehard D. Hiibbnrd. Hulburd, Jonekes, Alexander H Jones, Judd, Julian, Kellogg, Kelsey, Keteham, Laflin, Lash, George V. Lawrences, Lincoln, Logan, Lynch, Mallory, Marvin, Maynnrd. McCarthy, McKee, Mercur, Miller, Moore, Moorliead, Morrell, Mullins, Myers, Newsham. Norris. O'Neill, Paine, Per- ham, Peters, Phelps, Pile, Plants, Poland. Price, Prince, Raum, Robertson, Robinson, Roots, Sawyer, Schenck, Scofield, Shellabarger, Smith, Starkweather, Stevens, Stewart, Stover, Sypher. Taher, Tajdor, Trowbridge, Twichell, Upson, Hurt Van Horn, Van 'Wyck, Ward, Cadwalader C. Washburn. William B. Washburn, Wel- ker, Whittemore, James F V/ilson, Woodl>r'dge — 117. Nats — Messrs. Admns, Archer, Baker, Beatty, Beck, Boyer, Bromwell, Burr. Benjamin F Butler. Roderick R. Butler, Cai'y, Cobb, Coburn. Cook, Deweese, Dock- ery, Donnelly, Eggleston, Eidridge, Farn-^worth, Getz, GoUaday, Goss, Hairjht, Harding, Hawkins, Ilulman, Hopkins, Hunter, Iiigersoll, Johnson, Thomas L. Jones, Kerr, Knott, William" Lawrence, Marshall, McCormick, McCn'lough, Mungen, Niblack.Orth, Pnrm, Randall, Ross, Shanks, Sitgreaves, Stone, Thomas, Tift, Trimble, Van ."Vcrnam, Van Auken. Van Trump, Heniy D. Washburn, William Williams, Stephen F. Wilson, Wood, Woodward, Young — 59. The President (Johnson) "pocketed" the bill. [For other votes on this subject in first session, Forty-First Congress, see a subsequent chapter] TENUEE-OF-OFFICE ACT. , Fortieth Congress, Third Session. In House. 1869, January 11 — A bill to repeal an act regulating 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 Manual for 1867, pp. 50, 51 ; and Hand Book of Politics, pp. 176, 177. 398 POLITICAL MANUAL. bill was onieiefl — }'eas IIG, 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 : Yeas — Messrs. Allison, Anderson, Axtehl, Bailey, Bald- win, Banks, Barnum, Beaman, Beck. Bingliam, Blaine, Blair, Boutwell, Bi.'wcn, Boydcn, Buckley, Burr, Ben- jamiu F. Builer, Roderick R. Butler, Callis, Can/, Chan- /er. Reader V;'. Clarke, Sidney Clarke, curt. Cobb, Coburn, Cook, Corley, Cornell, Cullum, Dawes, Deweese, Dixon, Driggs, Eekie.v, Eklridiic, Tliomas D. Eliot, Fields, Fox, Getz, Ghssbrcnner, Gullada;/, Goss, Gove, Griswold, Grovcr, Haiglit, Halsey, Haughcy, Heaton, Hooper, Hopkins, Hotchkiss, Hu'mphreij, Hunter, Ingersoll, John- son, Alexander H. Jones, Thomas L. Jones, .ludd, Julian. Kelley, Kellogg, Kerr, Ketcham, Knott, Lash, George V. Lawrence, J>incoln, Loughridge, JIallory, Marvin, McCormick, McCuUough. Miller, Mungen, New- comb, A'iblack, yicliolson, Norris, O'Neill, Paine, Peters, Pettis, Phelps, Plants, Price, Prince. Robertson, llohin- son, Roots, Sawyer, Scofield, Sitgreaves, Spalding, Stark- weather, Stevens, Stewart, Stone, Stover, Syphef, Taber, Thomas, Tift, Trimble, Trowbridge, Twichell, Van Aukcn, Van Trump, \'idi\\, Ellihu B.vVashburiie, Henry D. Washburn, William Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Wood- bridge, Woodward, Young — 1-21. Na'ts — Messrs. Ames, Arnell, Delos R.Ashley, Baker, Beatty, Benjamin, Benton, Boles, Bromwell, Buckland, Churchill, Delano, Ela, Farnsworth, Ferriss, French, Garfield, Harding, Higby, JencUes, Kelsey, Kitchen, Lafiin, Maynard, McCarthy, McKee, Mercur, Bloore, Moorl ead,"Morrell, MuUins, Newsham, Perham, Pike, Poland, Polsley, Pomeroy, Schenck, Shanks, Shella- barger, Stokes, Taffe, John Trimble, Upson, Ward, Welker, Whittemore — t". Not Voting — Messrs. .4dams,^rcAer, James M. Ashley, Barnes, Blackburn, Boyer, Brooks, Broomall, Cake, Co- vode, Dickey, Dockery, Dodge, Donnelly, Edwards, Eggleston, Ferry, Gravely, Hamilton, Hawkins, Hill, Hblman, Asahel W. Hubbard, Chester D. Hubbard, Riehard D. Hubbard, Hulburd, Koontz, William Law- rence, Loan, Logan, hyuch, Marshall, Morrisscy, Myers, Nunn, Orth, Pierce, Pile, Pruyn, Randall, Raum, "^Ross, Selye, Smith, Taylor, Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wyck, Cadwalader C. Wash- burn, William B. Washburn, Thomas Williams, Wood — In Senate. No direct vote was reached on the above bill in the Senate. And pending the legislative ap- propriation bill — March 2 — Mr. Morton moved as an additional section the House repealing bill. Mr. Sumner offered the following substitute for that amendment: That the first section of the act entitled "An act regulating the tenure of certain civil offices," passed Marcli 2, 1867, is hereby amended so as to read as follows : " That every person holding any -civil office to which he has been appointed by and with the advice and consent of tiie Sen- ate, J^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. " Sec. — . That the second section of such act is hereby amended so as to read as follows: That it shall be lawful for the President, whenever, during a recess of the Senate, in his opinion the public good shall require it, to suspend any officer j appointed as aforesaid, excepting judges of the United States courts, and to designate some suit- able [lerson to perform tem[>orarily the duties of euch oflice until the next meeting of the Senate, and until the matter shall be acted upon by the Senate; and such person so designaleu shall take the oaths and give the bonds requireti by law to De taken and given by the person duly appointed to fill such office ; and in case of such suspension, it shall be tlie duty of tlie President, within twenty days after the first day of such next meeting of the Senate, to report to the Senate such suspen- sion, with the name of the person so designated to perform the duties of such office ; and if the Senate shall concur in such suspension, and ad- vise and consent to the removal of such officer, they shall so certify to the President, who may thereupon remove such officer, and, by and with the advice and consent of the Senate, appoint another person to such office; but if the Senate shall refuse to concur in such suspension the officer so suspended shall forthwith resume the functions of his office, and the powers of the per- son so performing its duties in his stead shall cease; and the official salary and emoluments of such officer shall during such suspension belong to the person so performing the duties thereof and not to the officer so suspended: Provided, however, that the President may, in bis discre- tion, before reporting such suspension to the Senate as above provided, revoke the same, and reinstate such officer in the performance of the duties of his office. " Sec. — . That no person shall hold nor shall he receive salary or compensation for performing the duties of more than one office or place of trust or profit under the Constitution or laws of the United States at the same time, whether such office or place be civil, military, or naval ; and any person holding any such office or place who shall accept or hold any other office or place of trust or profit under the Constitution or laws of the United States shall be deemed to have va- cated the office or place which he held at the time of such acceptance. "Sec. — . That nothing in the foregoing section shall be construed to prevent such designations or appointments of officers to perform tempo- rarily the duties of other officers as are or may be authorized by law, nor to prevent such ap- pointments or designations to office or duty as are required by law to be made from the army or navy. "Sec. — . That the penalties provided in the act to which this is an amendment shall apply to violations of tiiis act. Which was not agreed to — yeas 17, nays 32, as follow : Yeas— Messrs. Chandler, Conkling, Cragin, Harlan, Harris, Howard, Howe, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Ramsey, Saw- yer, Sprague, Sumner, Welcli, Willey, Williams— 17. Nays — Messrs. Abbott, Cameron, Cattell, Cole, Con- ness, Corbett, Dixon. Drake. Ferry, Frelinghuysen, Grimes, Henderson, McDonald, Morgan, Morton, Nye, Osborn, Pomeroy, Pool, Robertson, Ross, Sherman, Spcnccfr, Thayer,"Tir)ton, Trumbull, Van Winkle, Vick- ers. Wade, Warner, U'hytc, Wilson — 32. The amendment offered by Mr. Morton was then disagrc-ed to — yeas 22, nays 26, as follow: Yeas — Messrs. Cole. Conness, Dixon, Drake, Grimes, Ht'uderson, Kellogg, McDonald. Morgan, Morton, Os- lir,rn, Pomcrov. Pool. Ramsey, Robertson, Ross, Sher- man, Tliaver,"Van Winkle, Vickers. Warner, Wh'tta—2-2. }gvT8— Messrs. Abliutt, Anthony, Cameron, Chandler, C(^rl ett. Crairin, Fcrrv. Frelinghuysen, Harlan. Harris. Howard, Howe. .'Morrill of JLainc, Morrill of Vermont, Patterson ofNew Hampshire, Siiwyer.Spencer, Sprague, Suniu ?r, Tipton, Trumbull, Wade, Welch, Willey, Wil- liams, Wilson — 2C. [For further votes on this subject, see a sub sequent chapter.] XL, XVTII CONSTITUTIONAL AMENDMENT. A RESOLCTIOS proposing an amendment to the I Constitution of tlie United States. Resolved by the Senat'^ and House of Repre- sentatives of the United States of America in Con- gress assembled, (two-tliirds of both houses con- curring,) That the following article be [>roposed to the legislatures of the several States as an amendment to tiie Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part of the Constitution, namely : ARTICLE XV. Sec. 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. Seo. 2. The Congress shall have power to en- force this article by appropriate legislation. Schuyler Colfax, Speaker of the House of Representatives. B. F. Wade, President of the Senate pro tempore. Attest: Edwd. McPheeson, Clerk of House of Representatives. Geo. C. Gorham, Secretary of Senate United States. The Final Vote In Sen-ate. 1869, February 26 — The report of the com- mittee of conference, recommending the passage of the amendment as primed above was agreed to — yeas 39, nays 13, as follow : Yeas — Messrs. Anthony, Cattell, Chandler, Cole, Conk- ling, Conriess, Crr.gin, Drake, Ferry. Fessenden, Fro- liughuyscn, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Ver- mont, Morton, Nye, Osborn, Patterson of JN'ew Hamp- shire, Ramsey, Rice. Robertson, Sherman, Stewart, Thayer, Tipton, Trumbull, Van Winkle, Wade, Warner, Welch, Willey, Williams, Wilson— 39. Nats — Messrs. Bayard, Buckalew, Davis, Dixon, Doo- little, Fowler, Hendricks, McCreery, Norton, Patterson of Tennessee, Pool, Vickers, Whyie—13. February 25 — The House concurred — yeas 144, nays 44, (not voting 35,) as follow : Yeas — Messrs. Allison, Ames, Anderson, Arnell, De- les R. Ashley, James M. Ashley, Bailey, Baker, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, Blaine, Blair, Boutwell, Bowen, Boyden, Bromwell, Broomall, Buckley, Benjamin F. Butler, Roderick R. Butler, Cal- lis, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Cobb, CoVjurn, Cook, Corley, Cornell, Covode. Cullom, Dawes, Dickey, Dodge. Donnelly, Driggs. Eckley, Kg- gleston, Ela, Thomns D. Eliot, James T. Elliott, Farns- worth, Ferriss, Ferry, Fields, French, Garfield, Goss, Gove, Gravel}'. Griswold, Hamilton, Harding, Haughey, Heaton, Higby, Hill. Hooper. Hopkins, Chester b. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Alex- ander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Latlin, Lash, William Law- rence, Logan, Lynch, Marvin, Maynard, McCarthy, McKee, Mereur, Miller, Bloore, Moorhead, Morreil, Mullins, Myers, Newsham, Norr'S, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pettis, Pike, Plants, Po!:in'l, Pomeroy, Price, Prince, Rauin, Robert^ron, R,/ot.-<. bu«'- yer, Scofield, Slianks, ShcUabarger, Smith, lijiiIiU.i.l:, Starkweather, Stevens, Stewart, Stokes, Stover, 'i^..\i, Thomas, Trimble, Trowbridge, Twichell. Upso;i, \':v\ Aernam, Burt Van Horn, Robert T. Van Horn. Ward, CadwalderC. Wasliburn. Henry D. Washburn, U'illiam 15. Washburn, Welker, Whittemore, Tliomas Williams, William Williams, James F. Wilson, John T. Wilson, Windom, Mr. Speaker Colfa.\— 114. Nats — Messrs. Archer, Axtell, Barnes, Beck, Bouer, Brooks, Burr. Cary, Chanter, Eldridge, Fox, Getz. Gloss- brenner, GoUadny, Grovcr, Haight, Hawkins, Ilolman, Hoichkiss. Hichdrd D. Hubbard, Humphrey, Jolinson, Thomas L. Jones, Kerr, Knott, Loughridge, Jlallory, Marshall, McCurmick, McCuUon.gh, Mungeu, IS'iblnck, Nicholson, Phelps, Pruyn, Robinson, Ross, Stone, Taber, Van Auken, Van Trump, Wood, IVoodward, Young — 14. This subject engaged a large share of attention during the third session of the Fortieth Congress. The various votes and proceedings upon it are subjoined in the order of the date of occurrence. The House Joint Resolution, (H. E. 402.) In House. 1869, January 30 — The House passed the amendment in these words : Joint Resolution proposing an amenduieut to the Constitution of the United States. Be it resolved by the Senate and House ot Representatives 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 held as part of said Constitution, namely : ARTICLE — Sec. 1. The right of any citizen of the United States to vote shall not be denied or abridged by the United States or any State by reason of race, color, or previous condition of slavery of any citizen or class of citizens of the United States. Sec. 2. The Congress shall have power to en- force by appropriate legislation the provisions of this article. The vote was yeas 150, nays 42, not voting 31, as follow : Y'eas — Messrs. Allison, Arnell, Delos R.Ashley, .James M. Ashley, Bailey, Baldwin, Banks, Beaman, Beatty, Benjamin, Benton, Blackburn, Blaine, Blair, Boles, Boutwell, Bowen, Boyden, Bromwell, Broomall, Buck- land, Buckley, Benjamin F. Butler, Cake, Callis, Churchill, Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Covode, Cullom, Dawes, Delano, Dewpese, Dockery, Dodge, Donnelly, Driggs, Eckley, Edwards, Eggleston, Ela, Thomas" D. Eliot, James T. Elliott, Farnsworth, Ferriss, Ferry, Fields. French. Garfield, Goss, Gove, Gravely, Griswold, Halsey, Hamilton, Harding. Haughey, Heaton, Higby, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Jenckes, Alex- ander H. Jones. Judd, Julian, Kelley, Kellogg. Kelsey, Ketcham, Koontz, Laflin, Lash, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Marvin, Maynard, McKee, Mereur, Miller, 17 400 POLITICAL MANUAL. "Moore, Moorhcad, Morrell, Mullins, Myers, Newcomb, Ncwshftin, Norris, Nnnn, O'Neill, Orth, Paine, Perham, Peters, Pierce, I'ike, Pile, Plants, Poland, Price, Prince, Raum, Uoliertsou, Roots, Sawyer, Scofield, Selye, Shanks. Shell:iliart,'er, Smith, Spalding, Starkweather, Stewart, Stokes, Stover. Tatfe, Taylor, Thomas, John Triml>le, Trowbridise, Twicliell. Upson, Van Aernam, Burt Van Ilorii. Roiurt T. Van Horn, Van Wyuk, \Vard. Cadwalader C. Washburn. Ilcnry D. Washburn, William B. Washburn, Welker. Whittemorc, Thomas Williams, William Williams, James F. Wilson. John T. Wilson, Stephen P. Wilson, Windom, and Jlr. Speaker CoU'a.^ — 1:)(>. N.vrs — Messr-s. Archer, Axtell, Baker, Barmim, Berk, Bini;liam, Bnner, Brooks. Burr, Carn Clianlcr, Fox, Gctz, G'lUaiinii, Grocer, Uaiglit, Hawkins, Jlotchkiss, Uum- phre'/. Johnson, Thomas L. Jones, Kerr, Knott, Marshall, McCormick, Miingen. yiblack. JVicholson, Phelps. Polsloy, Pruyn, Randall, Iiobin.%on, lioss, SUgreaves, Stone, Taber, Tift. Van Auken. Van Trump, Woodward, Young — 42. i^oT VoTiNT — Messrs. .4(ian!S,.'\mes. Anderson. Barne.^, Roderick R. Butler, Reader W.Clnrke, Cornell, Dickey, Dixon, Eldridqc, Glossbrenjicr, Hill, llolman. Asahel W. Hubbard, Ric\ard D.Hubbard, Inv'crsoll, Kitchen, Mal- lorv, McCarthy, McCullough, Morrisse;/, Pettis, Pomeroy, Schenck, Stevens, Svpher, Laicrenc'e S. Trimble, Vidal, Ellihu B. Washburne, Wood, Woodhridge— .31. The Previous Votes. Same day — An amendment by Mr. Bingham, and an amendment to the amendment by Mr, Shellabarger pending, the House voted as fol- lows upon them : Mr. Bingham's amendment was to substitute the following for the first section of the said joint resolution: 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 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 have been, or shall be, duly convicted of treason or other infamous crimes. Mr. Shellabarger's amendment to the amend- 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 male citizen of the United States of the age of twenty-one years or over, and who is of sound mind, an equal vote at all elections in the State in wliich he shall have such actual residence as shall be prescribed by law, except to such as have engaged or 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 G2, nays 125, not voting 35, as follow: Yeas — Messrs. Delos R. Ashley, Baldwin, Beamr.n, Beatty, Benton, Boles, Bowen, Broomall, Buckland, Cake.Clift, Coljh. Coburu, CuUom, Dawes, Delano, Ei»k- ley, Kitgleston, Ela, James T. Elliott, French, Gravely, Hamilton, Hawkins, Hooper, Chester D. Hubbard, Judd, Julian, Kelley, ]\elscy, (ieorgi- V. Eawrenee, William Lawrence, Loan, Liif.'an, Maynard. Mullins, Newshaiu, Norris, O'Neill, Ortli, Paine, Plants, Polsley, Price, Prince, Sawyer. Schenck, Scofield, Shanks, Shellabar- :er, Starkweatlior, Stokea, Sypher, Twichell, Robert T. 'an Horn, Ward, Cadwalader C. Washburn, Henry D. Washburn, William 15. Washburn, Welker, Whittemore, Thomas Williams— 02. Nays — Messrs. Allison, .drc^er, Arnell, James M.Ash- f- ley, Axtell, Bailey, Baker, Banks, Barnum. Beck, Benja- min, Bingliam, Blaine, Blair, Boutwell, iioyden, Bo'/er, Bromwell, Brooks, Burr, Benjamin F. Butler, C'allis, Cary, Chanter, Churchill, Sidney Clarke, Cook, Corley, Covoile, Dcweese, Doekery, Dodge, Donnelly, Driggs, Edwards. Eldridgc, Thomas D. Eliot, Ferriss, Ferry, Fields, Fox, Gartield, Getz, Golladai/. (_i(.ss, Gove, Gris- wold, Grovcr, Ilaight, Ilalscy, Hardini;, Ibiuirhcy, Hea- ton, Higby, Hopkins, J/ulchkisf, Hnjlaird, Humphre;/, Hunter,"Jenckes, Johnson, .\lexander H.Jones, Thovias L. Jones, Keir. Ketcham. Knott. Koontz, Lafiin, Lash, Lincoln, Loughridge, Marshall. IMarvin, 31cC'ormick, MeCullough, IvicKeo, Mereur, Miller, Moore, Morrell, Munge.n. Myers, Newcomb, Nihlack, Nicholson. Nunn, Perham, Peters. Phelps, Pierce, Pike. Pile, Poland, Prwjn,Iiniidrilt, Kaiini, Riplicitson, iioft.'iisoM, lHo'ii^.lloss, Sitn'rearrs. Smith. Sjialdin'!. Stewart. Stone, Stover, Tabcr, Tafte. Taylor. 'I'liom.is, Tift. -^ohn Trimble, Trowbridge, Upson, Van Aernain, Van Aukcn. Burt Van Horn, Van Trump. \An Wyck, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge, Woodward. Young — 12S. KoT VoTi.N'G — Messrs. /Idawis, Ames, Anderson, TJar^ra, Blackburn, Buckley, Roderick R. Butler, Reader W. Clarke, Cornell, Dickey, Dixon, Farnsworth, Glossbren- ner. Hill, Ilolman. Asahel W. Hubbard, Rirhard D. Hub' bard. Ingersoll, Kellogg, Kitchen, Lynch, Mallory, Mc- Carthy, Moorhead, Morrisseji, Pettis, Pomeroy, Selye, Stevens, Lawrence S. Trimble, Vidal. Ellihu B. Wash- burne, William Williams, James F. Wilson, Wood — .15. The amendment of Mr. Binejham was then dis- agreed to — yeas 24, nays 160, not voting 38, as follow : Yeas — Messrs. Axtell, Baker, Bingham, Brooks, De- weese, Doekery, Eldridge, Garfield, Haight, Heaton, Hotchkiss, Alexander H. Jones, McCullough. Phelps, Plants, Robinson. Ross. Spalding, Stewart, Stone, Tijt, John T. Wilson, Woodward, Young — 24. Nats— Messrs. Allison, Arnell, [)elos R.Ashley, James M. Ashley, Bailey, Banks, Beaman, Beatty, Beck, Ben- jamin, Benton, Blaine, Blair, Boles, Boutwell, Bowen, Boyden, Boyer, Bromwell, Broomall, Buckland, Buck- ley, Burr. Benjamin F. Butler, Cake,Callis, Cari/, Chan- ter, Churchill, Sidney Clarke. Clift, Cobb, Coburn,Cook, Corley, Covode, Ciillom, Dawes, Delano, iJonnelly, Driggs,Eckley,Eggleston, Ela, Thomas D. Eliot. James T. Elliott, Ferriss, Ferry, Fields. For. French, Gr.tz, GoUadabard. lUi'lburd, Ihmpi.rcij. Hunter, Jenckes, Jb/i/iion, Alexander H. Jones. Tlxnnna L. Jimei. .Julian, Kellev, Kelloap. Kelsey, Kerr. Ketcham, Knnit. Koontz, I.aflin, Lash, Loan, Louphridw. Lvnch, Mallory, Mar- shall, Marvin, McCarthy, McChrmich: McKec, Miller, Hloore, Jloorhead, Morrell, Munrjcn, Myers, Neweomb, Newsham, Aihlach; yichnhon, Is'orri.s, O'Neill, Paine, Perham, Peters, /'/(e;/)./irey. J enckcs, J(iJi)iS(/n, Knott. Marst{utl, Mcfhrmick, MC 'uHoio/fi, Mungen, Aiblack, JS'ic/iolson. I'helps. Pniyn, Randall, liohinson, lioss, Stone, Tuber, Van Trump, )yoodward, Young — 37. In Senate. February 23 — The Senate disagreed to the amendment of the House, and asked a confer- ence on tlie disagreeing votes of the two Houses thereon ; which was agreed to — yeas 32, nays 17, as follow : Yeas— Messrs. Anthony. Cattell, Chand'.er, 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 Nats — Messrs. Abbott. Buckalero. Davis, Dixrm, Dnolit- tle, Kellogg, McCreery, Norton. Patterson of Tennessee, Pool, Rice, Robertson, Ross, Sawyer, Viclcers, Warner, Whyte—\1. Messrs. Stewart, Conkling, and Edmunds were appointed the managers of the conference on the part of the Senate ; and Messrs. Boutwell, Bing- ham, 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 Senate, 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, as printed on page 399. February 25 — The House 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 OF THE FORTY-FIRST COxNGRESS. PRESIDENT GRANT'S CABINET.* Secretary of State — Hamilton- Fish, of New York, vice Ellihu B. Washburne, of Illinois, reMtiined Marcli 10, 1869. *Mr. Washournc wag nominated and confirmed as Secretary of State March 5, and resigned March 10, to take effect upon the qualification of his successor, which tpok place March 10. Mr. Alexander T.Stewart. o£ Now Secretary of the Treasury — Geosge S. Bout- well, of Massaciiusetts. Secretary of War — John A. Rawlins, of Illinois. Secretary of the Navy — Geoege M. Robeson, of York, was nominated and confirmed as .Secretary of the Treasury March 5, and resigned Slarch 0, being found disqualified by tho act of Congress of September 2, 1789,prbviding that the Secretary of tlie Treasury, with LIST OF CABINET AND CONGRESS. 407 New Jersey, vice Adolph E. Borie, of Penn- sylvania, resigned June 25, 1869. Postmaster General — Jonx A. J. Creswell, of Maryland. Secretary of the Interior — Jacob D. Cox, of Oliic Attorney General — E. Rockwood Hoar, of Mas- sachusetts. MEMBERS OF THE FORTY-FIEST CONGRESS. First Session, March 4, 1S69— April 10, 1869. Senate. BcHUYLER Colfax, of Indiana, Vice-President of the United States and President of the Senate. George C. Gorham, of California, Secretary. Maine — William Pitt Fessenden, Hannibal Ham- lin. iVeiy Hampshire — Aaron H. Cragin, James W. Patterson. Ver7nont — Justin S. Morrill, George F. Edmunds. Massachusetts — Henry Wilson, Cliaries Sumner. Rhode Islayid — Henry B. Anthony, William Sprague. Connecticut — Orris S. Ferry, William A. Buck- ingham. New York — RoscoeConkling, Poeuben E. Fenton. New Jersey — Alexander G. Cattell, John P. Stockton. Pennsylvania — Simon Cameron, John Scott. Delaware — Willard Saulsbury, Thomas F. Bay- ard. Maryland — George Vickers, 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. Thurman. Kentucky — 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 McDonald, Benjamin F. Rice. Michigan — Jacob M.Howard, Zachariah Chand- ler. Florida — Thomas W. Osborn, Abijah Gilbert. Iowa — James W. Grimes, James Harlan. Wisconsin — Timothy 0. Howe, Matthew H. Car- penter. California — Cornelius Cole, Eugi ne Casserly. il/i;i/icsoto-Daniel S. Norton, Alexander Pi.amsey. Oregon — George H. Williams, Henry W. Corbett. Ka)isas — Edmund G. Ross, Samuel C. Pomeroy. West Virginia — Waitman T. Willey, Artiiur 1. Boreman. other officers described, sliall not be, directly or indi- rectly, concerned or interested in carrying on the bu lie property, or he concerned in the purchase or dis- posal of any public securities of any State or of the United States, or take or apply to his own use any emolument or gain for negotiating or transacting any bu.siness in the said Department other than what shall be allowed by law Mr. Boutwell qualified March 12, ISGfi. Mr. SchofieM -emained Secretary of War until Mareh 12. when M. . Tiawlins qualified *Oualified March ^5, 1809. Nevada — James W. Nye, William M. Stewart. iVcSras^a— John M. Thayer, Thomas W. Tipton. House of Representatives. James G. Blaine, of Maine, Speaker. Edward McPherson, of Pennsylvania, Clerk J/auie— John Lynch, Samuel P. Morrill, James G. Blaine, Jobn A. Peters, Eugene Hale. New Hampshire*— J acoh II. Ela, Aaron F. Ste- vens, Jacob Benton. Vermont — Charles W. Willard, Luke P. Poland, Worthingtou 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, Nathan F. Dixon. ConiiecticutX — Julius Strong, Stephen W. Kellogg, Henry 11. Starkweather, William H. Barnum. New York — Henry A. Reeves, John G. Schuma- ker, Henry W. Slocum, John Fox, John Mor- rissey, Samuel S. Cox,§ Hervey C Calkin, James Brooks, Fernando Wood, Clarkson N. Potter, George W. Greene, John H. Ketcham, John A. Griswold, Stephen L Mayham, AdoliJius H. Tanner, Orange Ferriss, William A. Wlieeler, Stephen Sanford, Charles Knapp, Addison H. Lafiin, Alexander H. Bailey, John C. Cliurch- ill, Dennis McCarthy, George W. Cowles, Wil- liam H. Kelsey, Giles W. Hotchkiss, Hamilton Ward, Noah Davis, John Fisher, David S. Bennett, Porter Sheldon. New Jersey — William Moore, Charles Haight, John T. Bird, John Hill, Orestes Cleveland. Pennsylvania — Samuel J. Randall, Charles O'Neill, Leonard Myers, || William D. Kelley, John R. Reading, John D. Stiles, Washington Townsend, J. Lawrence Getz, Oliver J. Dickey, Henry L. Cake,DanielM. Van Auken, George W. Woodward, Ulysses Mercur, John B. Packer, Richard J. Plaldeman, John Cessna, Daniel J. Morrell, William H. Armstrong, Glenni W. Scofield, Calvin W. Gilfillan (va- cancy), James S. Negley, Darwin Phelps, Joseph B. Donley. Delaware — Benjamin T. Biggs. Maryland — Samuel Hambleton, Stevenson Ar- cher, Tliomas Swann, Patrick Hamill, Frede- rick Stone. North Carolina — Clinton L. Cobb, David Heaton, Oliver H. Dockery, John T. Deweese, Israel G. Lash, Francis E.Shober.^f Alexander H.Jones. South Carolina — B. F. Whittemore, C. C. Bowen, Solomon L. Hoge,** (vacancy.) Louisiana — (Vacancy,) Lionel A. Sheldon,*** (vacancy,) (vacancy.) O/iio— Peter W. Strader, Job E. Stevenson, * Qualified March 15. + Resigned March 12. 5; Messrs. Strong, Kellogg, and Starkweather quali- fied .April 9, 18G9 ; Mr. Barnum did not appear. §Did not qualify, by reason of absence from the country. II Qualified April 9, 18G9, in place of John Moflfet, unseated. 1[Did not qualify, disabilities not having been re- lieved. ** Admitted on prima facie, yeas 101, nays 39, and qualified April 8. ***Qualifiod April 8, having been voted entitled to the seat, yeas 85, nays 38. 408 POLITICAL JIANUAL. Robert C. Schenck, V/illiam Lawrence, Wil- liam Mungen, John A. Smith, James J. Winans, John Beatt}', Edward F. Dickinson, Truman H. Hoag, John T. Wilson, Thiladelph Van Trump, George W. Morgan, Martin . Wtlker, Eliakira H. Moore, John A- Bingham, Jacob A. Ambler, William H. Upson, James A. Garfield. Kentucky — Lawrence S. Trimble, William N. Sweeney, J. S. Golladay, J. Proctor Knott, Boyd Winchester, Thomas L. Jones, James B. Beck, George \l. Adams, John M. Rice. Tennessee — Roderick R. Butler, Horace May- nard, William B. Stokes, Lewis Tillman, Wil- liam F. Prosser, Samuel M. Arnell, Isaac R. Hawkins, William J. Smith. JncZiajia— William E. Niblack, Michael C. Kerr, William S. Holman, George W. Julian, John Coburn, Daniel W. Voorhees, GodloveS. Orth, James N. Tyner, John P. C. Shanks, William Williams, Jasper Packard. Illinois — Norman B. Judd, John F. Farnsworth, EUihu B. Washburne,* John B. Hawley, Ebon C. Ingersoll, Burton C. Cook, Jesse H. Moore, Shelby M. Cullom, Thompson W. McNeely, Albert G. Burr, Samuel S. Marshall, John B. Hay, John M. Crebs, John A. Logan. •Resigned Missouri — Erastus Wells, Gustavus A. Finkeln- burg, James R. McCormick, Sempronius H. Eoyd, Samuel S. Burdett, Robert T. Van Horn, Joel F. Asper, John F. Benjamin, Da- vid P. Dyer. Arkansas — Logan H. Roots, A. A. C. Rogers, Thomas Boles. Michigan — Fernando 0. Beaman, William L. Stoughton, Austin Blair, Thomas W. Ferry, Omar D. Conger, Randolph Strickland. Florida — Charles M. Hamilton. Jowa— George W. McCrary, William Smyth, William B. Allison, William Loughridge, Frank W. Palrner, Charles Pomeroy. Wisconsin — Halbert E. Paine, Benjamin F. Hopkins, Amasa Cobb, Charles A. Eldridge, Philetus Sawyer, Cadwalader C Washburn. California — Samuel B. Axtell, Aaron A. Sar- gent, James A. Johnson. Minnesota — Morton S. Wilkinson, Eugene M. Wilson. Oregon — Joseph S. Smith. Kansas — Sidney Clarke. West Virginia — Isaac H. Duval, James C. Mc- Grew, John S. Witcher. Nevada — Thomas Fitch. Nebraska — John Taff e. March 6. XLII- POLITICAL VOTES IN FIRST SESSION OF FORTY-FIRST CONGRESS. Additional Beconstruction Lagislatioa- An Act authorizing the submission of the con- stitutions of Virginia, Mississippi, and Texas to a vote of the peojde, 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 may deem best for the public interest, may submit the constitu- tion which was framed by the convention which met in Richmond, Virginia, on Tuesday, the 3d day of December, 1867, to the voters of said State, registered at tlie date of said submission, for ralification or rejection, and may also .sub- mit to a separate vote i«uch [irovisions of said constitution as he may deem best, such vote to be taken either upon each of the said provisions alone, or in connection with the other portions of said constitution, as the President may direct. Sec. 2. 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 constitutioa, 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, and returns thereof made, in the manner provided by the acts of Congress commonly called the reconstruction acts. Seo. 3. That the President of theUnited 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 1st section of this act, to a separate vote; and at the same election ih« 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: Provided, also. That no election shall be held in said State of Texas for any purpose until the President so directs. Sec. 4. That the President of the United States may in like manner re-submit the constitution of Mississippi to tlie voters of said State at such time and in such manner as he may direct, either the entire constitution or separate provisions of tlie same, as provided in the 1st 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 provided for in said constitution, and members of Con- gress. POLITICAL VOTES. 409 Sec. 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 capital of said State on the fourth Tuesday after the ofiicial promulgation of such ratification by the mili- tary officer commanding in said State. Sec. 6. That before the States of Virginia, Mississippi, and 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 Congress to the several States as an amendment to the Constitution of the United States. Sec. 7- That the proceedings in any of ttie 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. Yeas— Messrs. Abbott, Boreman, Brownlow, Bucking- ham, Carpenter, Cattell, Chandler, Cole,Conkling, Cor- bett, Cragin, Drake, Fonton, Ferry, Fessenden, Ham- lin, Harris, Howard, Howe, McDonald, Morrill, Morton, Nye, Patterson, Pomeioy, Pratt, Ramsey, Rice, Rob- ertson, Ross, Sawyer, Schurz, Scott, Sherman, Spencer, Stewart. Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson — H. Nats— Messrs. Bayard, Casserly, Davis, Fowler, UcCree- ry, JVorton, Sprague, Stockton, Thurman — 9. In House, April 9. Yeas — Messrs. Ambler, Ames, Armstrong, Asper, Banks, Beaman, Benton, Bingham, Blair, Boles, Bow- en, Boyd, Butfinton,B. F. Butior, Cake, Cessna, Church- ill, Amasa Cobb, Clinton L. Cobb, Cobum, Cook, Conger, Cullom, Dawes, Deweese, Dockory, Duval, Ela. Farns- worth, Ferriss, Ferry, Pinkelnburg, Fitch, Gilfillan, Hale, Hawley, Hay, Heaton, Hoar, Hooper, Hopkins, Hotehkiss, IngersoU, Alexander U. Jones, Judd, J ulian, Kelley, Kellogg, Ketcham, Knapp, Laflin. Lash, Logan, Loughridge. Lynch. Maynard, McCarthy, McCrary, McGrew, Mercur, William Moore, Morrell, Myers, Neg- ley, O'Neill, Orth, Packard, Paine, Palmer. Plielps, Po- land, Pomeroy, Prosser, Roots, Sargent, Sawyer, Sco- field. Shanks, Lionel A.Sheldon, Porter Sheldon, John A. Smith, William J. Smith, William Smyth, Stark- weather, Stevens, Stevenson, Stokes, Stough'ton, Strick- land, Strong, Tanner, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwaldcr C, Wash- burn, Welker, Wheeler, Whittemore, Wilkinson, Wil- lard, Williams, John T. Wilson, VVinans, Witeher — 108. Nats — Messrs. Adams, Archer, Axtell, Biggs, Bird, Brnnls, Burr, Cleveland, Crebs, Eldridge, Getz, Gulladay, Grisivukl, Ifaldcman, Hamill, Hawkins, Holinan, Tliomas L. JoiW!, Ki )•;■, Knott, Marshall, Mayham, McCormick, Mc- KceJy, Nihiack, I'olter, Reeves, Slocum, Stone, Swann, Sweeney, Trimhle, Van Aukeu, Van Trump, Voorhecs, Wells, Eugene M. Wilson, Winchester, Woodward— 39. Previous Votes. In House. 1869, April 8 — The House passed the following 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 ihe 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 Richmond, Virginia, on Tuesday, the 3d day of December, 1867, to the registered voiors of said State for ratification or rejection, and may also submit to a separate vote such provisions of said constitution as he may deem best, such vote to be taken either upon each of the said provisions alone, or in connection with the other portions of said constitution, as the President may direct. Sec. 2 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 b}^ the said constitution, and members of Congress; and the officer commanding the district of Virginia shall cause the lists of registered voters of said State to be revised 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. Sec. 3. That the President of the United States may in like manner submit the constitution of Texas to the voters of said Stale at sucli time and in such manner as he may direct, either the entire constitution, or separate provisions of the same, as provided in the 1st 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 provided for in said constitution, and members of Congress: Provided, also, That no election shall be held in said State of Texas for any purpose until the President so directs. Sec. 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, either the entire constitution or separate provisions of the same, as provided in the 1st 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. Sec. 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 capital of said States, respectively, on the fourth Tuesday after the official promulgation of such ratification by the military officer commanding in said State. Sec 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. Allison, Ambler, Armstrong, Arnell, Axtell, Uailey, Banks, Beaman, Beatty, Beck, Bingham, lilair, Boles, Bowen, Brooks, Bufflnton, Burdott, Ben- jamin F. Butler, Roderick R. Butler. Oilkin, Cessna, Churchill,Clarke,AmasaCobb, Clinton L.Cobb. Coburn, Cook, Conger, Crebs, Cullom, Davis, Dawes, Deweese, Diekey, Dickinson, Dixon, Dockery, Donley, Duval, Ela, Farnsworth, Ferriss, Ferry, Finckclnl)urg. Fisher, Fitch, Garfield, Gilfillan, Hale, Hawley, Hay, Heaton, Hill, Hoar, Hoge. Hopkins, Hotehkiss, IngersoU, Jenckes. Alexander H. Jones, Judd, Julian, ivellcy, Kclsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Lo- gan, Loughridge, Lynch, McCarthy, McCormick, McCra- ry, McGrew, William Moore, Morgan, Morrell, Morrill, 410 POLITICAL MANUAL. Nc?:ley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Phelps, Poland. Pomeroy. Prosser, Roots, Sanford, Saw- yer, Schcnek, Scoficld, i^hanks, Sheldon, Slocvm, John A. Smith, \ViIliani J. Smith, William Smyth, Steven?, Stevenson, Stokes, Stoughton, Strirklaiid, Tanner. Till- man, Townsenii, Tyucr. Up.-on, Ward, Cadwalader C. Wa^^hburn, William B. Wa.~hl.urn, Wclkor, Wheeler, Whittemore, Wilkinson, Willard, WilHams, John T. Wilson, Winans, Witchor, M'oudward — 1.15. Navs — Messrs. Adams, Archer, Biggs, Ilird, liurr, Cleve- land, Eldridgc, Oetz. Oolladay, Ilaldcman, IJamill, Hohnan, Tlicnuis L. Jones. Kerr, Knuit, McNeely, Mnffct, A'ihlack; Potter, Randall, Reeves, Sweeney, Trimble, Wells, Winches- ter — 25. In Senate. 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 tlie Constitution of the United States. Which was agreed to — yeas 30, nays 20, as follow : Yeas— Messrs. Abbott, Brownlow, Buckingham, Car" penter, Cliandler, Cole, Drake, llarris, Howard, McDon- ald, Morrill. Morton, Is'ye. Osborn, Pool, Pratt. Ramsey, Rice, Robertson, Ross. Schurz, Sherman, Stewart, Sum- ner, Thayer, Tipton, Warner, Williams, Wilson, Yates — 3U. , Nats — Messrs. Anthony, Bayard, Boreman, Casserly, Conkliug, i'ar'is, Edmunds, Fenton, Ferry, Fessenden, Fowler, "l/cCrce)-i/, A'oi-ion, Patterson, Sawyer, Sprague, aiocktnn, Thurman, Trumbull, Willey— 20. A few unimportant changes were made, and the bill passed both Houses, as above. [A bill passed the House of Representatives, December 9, 186S, 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, w?th amendments, February 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 Richmond, Virginia, on the 3J day of December, A. D. 1867, be submitted for ratifi- cation on the day above named to the voters of the State 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 constitution 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 be 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 oflicers to be conducted under the same regula- tions as the election for the ratification of the constitution and by the same persons. The re- turns of this election ahall be in duplicate ; one copy to the commanding general and one copy to the president of said convention, wlio shall give certificates of election to the persona elected. The officers elected shall enter upon the duties of the offices for which thej' 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 suc- cessors are elected and qualified. The third section provides tliat 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 ()rovided 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 ])art thereof, and the vote on said question shall be " 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 assembly elected 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 question 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 mnjority of the votes cast upon it be " for disqualification ;" but if a majority of the votes cast on that ques- tion be " against disqualification," it shall not constitute part of the constitution] The Mississippi 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- Bissippi. POLITICAL VOTES. 411 Be it enacted, cC-c, That for the better security ' of persons and property in Mississippi, the con- Btitutioaal convention of said State, heretofore elected under and in pursuance of an act of Congress, passed March 2, 1867, entitled "An act for the more efficient government of the rebel 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 ; and 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 not 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 shall be counted in the ]:iresence 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 such 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, not exceeding$500 in value, from seizure or sale upon process for the collection of debts; wliich 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 States, as it may deem necessary to protect all persons in their lives, liberty, and property: PromcZet?, 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 m 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 March 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. Sec. 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 tiie same shall have been apjiroved by Congress: Provided, That nothing in this act contained shall dejjrive any person of trial by jury in the courts of said State for offences against the laws of said State. Sec. 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 obstructions and forcible resistance to the execution of the laws. Sec. 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 ordei's 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. Sec. 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 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 without having a lawful right to 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 legnlly 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 anj^ act unauthorized by law relating to or affecting any such vote, election, 412 POLITIC.iL MAXUAL. or the result thereof, or if any person shall aid, counsel, procure, or advise any sucii voter, per- son, or officer to do any act herein made a crime, or to omit to do any duty the omission of whicii is hereby made a crime, or attempt eo to do, or if any person shall by force, threat, menace, in- timidation, or otherwise prevent any citizen or citizens from assembling in public meeting to discuss or hear discussed any subject whatever, or if any person shall by any means break up, disperse, or molest any assemblage, or any citi- zen in or of such assemblage when met or meet- ing to discuss or hear discussion, as aforesaid, or ehall by any means prevent any citizen from attending any such assemblage, every person so offending shall be deemed guilty of a crime, and fihall for such crime be liable to indictment in any court of the United States of competent jurisdiction, and on conviction thereof shall be adjudged to pay a fine not exceeding five hun- dred dollars or less than one hundred dollars, and suffer imprisonment for a term not exceed- ing three years nor less than six months, in the discretion of the court, and pay the costs of prosecution. Sec. 6. That no officer of Mississippi shall buy or sell treasury warrants, or claims of any sort upon the treasury of the State, or of any county or district thereof. All taxes and moneys col- lected by any officer shall be paid into the ap- propriate treasury ; and any collector who may receive warrants in payment of taxes shall file with the treasurer a schedule, made under oath, of such warrants, with the name and residence of each person from whom any such warrant may have been received. Any person who shall violate this sectionAfeall be deemed guilty of a misdemeanor, and Sfion conviction thereof shall be punished as is prescribed in the fifth section of this act. Sec. 7. That the courts of the United States shall have jurisdiction of cases arising under this act. Sec. 8. That the poll-tax levied in any one year upon any citizen of Mississippi shall not exceed $1 50, and all laws in said State for the collection of taxes and debts shall be uniform, and every citizen shall be entitled to all the ex- emptions and immunities in these respects of the most favored citizen or class of citizens. Sec. 9. That all lands which shall hereafter be forfeited and sold for non-payment of any tax, impost, or assessment whatever, in the State of Mississippi, or under proceedings in bankruptcy, or by virtue of the judgment or decree of any court in the said iState of Missis- sippi, shall be disposed of only by sale in sepa- rate sub-divisions not exceeding forty acres each : Provided, however, That such portion of said land sliall first be offered for sale as can be sold with the least injury to the remainder. April 1 — Its further consideration was post- poned till the first Monday in December next — yeas 1U3, nays 62, (not voting 31,) as follow : YE.4S— Messrs. Allison, Archer, Armstrong, AxteV. Bailey, Beck, Big'jx, Bird, Blair, Broolcs, Burr, Calkin. Chrclnnil, Cowles, Crchs. CuUom, Davvfs, Dewecso„/;(f/.- tnAon, Di.xon, Dockcry, EMruhje, Farns\V(n-tli, F(MTiss, Finkelnburc, Fitch, (iarlioM, OV?z, Gilfillnn, Gnlladan, GrisMold, Ilaldeman, Ilalc, Ilnmhleton, Hamill, Hawkins, Ilawley, IIoa(j, Uobnnn, Hopkins, Uote.hkiss, Jeuckes, Johnson, Thomas L. Jones, Kerr, Laflin, Loughridge, Lynch. Marshall, Mayham, McCarthy, McCormick, Mc- Crary. McNecln. Mcreur. Moffot, Jesse H. Moore, William Moore. Morgan, Mon-ell, Morrill, Munqen, mblack, O'- Neill. Packer. Palmer, Peters, Poland, Poinero.v,/'o^'er, Bandall, Rrnding. Beeves, Bice, Rogers, Sclienek, Schu- 7nn!.'r, Srniiclii. Shanks. Slocum, VVorthingron C.Smith, AVilliain Smyth, Stin-en<, Stiles, Stokes, (SYo)ie, Strick- land. lSuann,'Swcenei/, Taffe, Tanner, Trimble, Twiehell, Van Auken. Voorhees, Cadwalader < '. Washburn, William B. Washburn, Wells. Wilkinson, Willard, Eugene M. ^\'ils()n, Winans, Woodward — 103. N.\YS — Messrs. Ambler, Arnell, .^sper.Beaman, Beatty, Benton, Bingham, Bowen, Boyd, Buffinton, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake. Cessna, Churchill, Amasa Cobb, Clinton L. Cobb, Cobiirn, Cook, Conger, Donley, Duvall, Ela, Fisher, Hay, Heaton, Hill, Hoar, Alexander H. Jones, Judd, Julian, Kelley, Kel- sey, Knapp, Bash, Lawrence, Maynard, Eliakim U. Moore, Negley, Orth, Packard, Pairie, Phelps, Prosser, Roots, Sargent, Sheldon, John A. Smith, William J. Smith, Stevenson, Stoughton, Tillman, Tyncr, Upson, Van Horn, Ward. Welker, Whittemore, Williams, John T. Wilson, Witcher— 02. The Public Credit Act. This bill became a law March 18, 1869, being the first act approved by President Geant: 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 whicli such obligations have been contracted, it is hereby provided and declared, that the faith 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 interest, known as United States notes, and of all the interest- bearing obligations of the United States, except in cases where the law authoriz- ing the issue of any such obligation has ex- pressly provided that the same may be paid in lawful money or other currency than gold and silver. But none of said interest-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 United States bearing a lower rate of interest than the bonds to be redeemed can be sold at par in coin. And the United States also solemnly pledges its faith to make provision at the earliest practicable period for the redemp- tion of the United States notes in coin. March 12 — It passed the House — yeas 97, nays 47, (not voting 49.) as follow : Ykas — IMessrs. .\llison. Ambler, Ames, Armstrong, .\rnell, Aspor, AxtcU, Bailey, Banks, Beaman, Benja- min, Bennett, Biiit;liam, Blair, Bole.?, Bovd, Buffinton, Burdett. ( :e.ssn:i, Ohurrlull, Clinton L. Cobb, Cook, Con- ger,f:owl('s,Ciilloin, Dawe.':, lionley, Duval, Dyer, Varns- wfjrth, Ferri.hei-, I'iteh, CiilfiUan, Hah". ITawley, Heaton, Hoar, Hooper, Hoteh- kiss, Jenekes, Alexander H. Jones, Judd, Julian, Kel- sey, Ketcham, Jvnap;), Laflin, Lash, Lawrence, Lynch, .Maynard, MeCrary, McGrew, Mercur. Jesse H. Moore, William Moore, Morrill, Negley, O'Neill, Packard, Paine, Palmer, Phelps, Poland, Pomerov, Prosser, Roots, Sanfr.rd, Sargent, Sawyer, SchoneU. S. •..field, ShoMon,.Iohn A.Smith, Wort hill irtduC. Smith. William Smyth, Stoics, Stonghton. Siiicklaiid. Tanner, Till- man, Twiehell. Upson, Van Horn, Ward, CadwaladerC. Washburn, William B. Washburn, Welker, Wheeler, Whittemore, Wilkinson, Willard, Williams, Wi nans — 97. Nays— Messrs. Archer, Beatty, Beck, Biggs, Bird, Burr, Benjamin F. Butler, Roderick R. Butler, Amasa Cobb, Cobnrn. Crrfia. Deweese, Bickin.'ton, Ehlridge, Ocfz, Gnl- ladiiy, Hawkins, llolman, Hopkins, Johnson. Thomas L. Jones. Kerr, Knott, Marshall, Mayham, McCormick, Mc- Nccly. Mdffet. Mangen, Niblack, Orth, Reading, Recvra, Bice, Shanks, Joseph S. Smith, Stiles, Stone, Stradcr, Sureenfy, POLITICAL VOTES. 413 Tfttre, Triml'le, Tyner, Van Tiump, John T. Wilson, WinchesUr, Woodward— AT . March 16— It passed the Senate— yeas 42, nays 13, as follow : Yeas— :Messr?. Abbott, Anthony, Boreman, Brown- low, Canieion, Cattell, Chandler, Conkling, Corbott, Craain, Drake, Edmunds, Fonton, Forry, Fessenden, Gilljert, (irimes, Harris, Howard, Kellogg, McDonald, Morrill, Nve, Patterson, Pool, Pratt, Ramsey, P.obert- son, Sawver, Sehurz, Scott, Sherman, Stewart. Sumner, Thayer, "Tipton, Trumbull, Warner, WilJey, Williams, Wilson, Yates — i2. Nats — Messrs. Bayard, Carpenter. Casserly. Cole, Davis, Slorton, Osborn, Kice, Koss, Spencer, Stockton, Tliurman, Vickcrs — 13. Pending the consideration of this subject, the following proceedings took place : In House. 1869, March 12— Mr. Schenck iniroduced the bill passed at third session of Fortieth Congress, and "pocketed" by President Johnson. (See page 13-395.) Mr. Allison moved to strike out the second section ; which was agreed to — yeas 87, nays 56, as follow : Yeas — Messrs. Allison, Ames, .4?T7ifr, Bailey, Beaman, Beatty, Bed; Biggs, Bingham, Bird, Bowcn, Burr, Ben- jamin F. Butler, Cake, Cessna, Amasa Cobb, Coburn, Cullom, Davis, Deweese, Dickinson, Dyer, Eldridge, Tarnsworth, Ferriss, Ferry, Fitch, Getz, GnUaday, Hal- demon. Hale, Hamill, Hawkins, Hay, Hoag, Hohnan, Hooper, Hopkins, Ingersoll, Jenckcs, Thomas L. Jones, Kelsey, Kerr, Knapp, Knott, Lawrence, Loughridge, Lynch, Marshall, Mayham, McCormick; McNeely, Moffet, Jesse H. Moore, Morrill, ihmgen, yiblaclc, O'Neill, Orth, Reading, Sawyer, Scofield, Shanks, Worthington C. Smith, Stevenson. Stiles, Stone, Stoughton, Stmder, Swann, Sweeney. Tatfe, Trimble, Tyner, Van Horn, William B. Washburn, Welker, TTe^Zj, Wilkinson, Willard, '• illiams, Eugene M. Wilson, John T. Wilson, Winans, Winchester, Witcher, Woodivard — 87. Nats — Messrs. Armstrong, Asper, Axfell, Banks, Ben- jamin, Bennett, Blair, Boles, Boyd, Bufflnton, Burdett, Koderick Pt. Butler. Churchill, Clinton L. Cobb, Conger, Cowles, Dawes, Dockery, Donley, Finkelnlnirg. Fisher, Garfield, Gilfillan, Heaton, Hoar, Johnson, Alexander H. Jones, Judd, Julian, Ketcham, Laflin, Lash, Logan, McGrew, Mereur. William Moore, Packard, Paine, Pal- mer, Poland, Pomeroy, Prosser. Roots, Sanford, Sargent, Schenck, Sheldon, John A. Smith, Stokes, Strickland, Tanner, Twichell, Ward, Cadwalader C. Washburn, Wheeler, Whittemore — 5G. The bill was then passed by the vote previously given. In Senate. March 9 — The following bill was reported from the Committee on Finance.- A Bill to strengthen the public credit, and re- lating to contracts for the payment of coin. 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 cred- itors, and to settle conflicting questions and inter- pretations of the laws by virtue of which such obligations have been contracted, it is hereby provided and declared, that the faith of the United States is solemnly pledged to the payment in coin, or its equivalent, of all the interest-bearing obligations of the United States, except in cases where the law authorizing the issue of any such obligation has expressly provided that the same may be paid in lawful money or other currency than gold and silver: Provided, however. That before any of said interest-bearing obligations not already due shall mature or be paid before maturity, the obligations not bearing interest, known as United States notes, shall be made convertible into coin at the option of the holder. Sec. 2. That any contract hereafter made spe- cificall}' payable in coin, and the consideration of which may be a loan of coin, or a sale of property, or the rendering 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 coia value thereof at the time of such sale or the ren- dering of such service or labor, shall be legal and valid, and may be enforced according to its terms. March 11 — Mr. Howard moved to insert the word "written" before "contract" in the 2d sec- tion where it first occurs; which was agreed to. Mr. Sumner moved to strike out the 2d sec- tion ; which was agreed to — yeas 28, nays 15, aa follow: Yeas— Messrs. Bayard, Boreman, Carpenter, Casserly, Conkling, Corbett, "Cragin, Ferry, Fessenden, Gilbert, Harris, Kellogg, McDonald, Norton, Nye, Pratt, Robert- son, Sa\vyer, Sehurz, Scott, Sprague, Stewart, Stockton, Sumner,' Thur man. Trumbull, Vickers, Wilson — 28. Nats — Messrs. Abbott, Anthony, Brownlow, Drake, Grimes, Hamlin, Morrill, Morton, Osborn, Patterson, Ramsey, Ross, Sherman, Warner, Williams — 15. Mr. Thurman moved to add to the 1st section the following proviso: Provided, That nothing herein contained shall apply to the obligations commonly called five- twenty bonds. Which was not agreed to — yeas 12, nays 31, as follow : Yeas— Messrs. Bayard, Boreman, Casserly, Morton, Norton. Osborn, Pratt, Ross, Sprague, Stockton, Thur- man, Vickers — 12. Nays — Messrs. Abbott, Anthony, Brownlow, Carpen- ter, Conkling, Corbett, Cragin, Drake, Fenton, Ferry, Gilbert, Grimes, Hamlin, Harris, KeUogg, BIcDonald, Morrill, Nye, Patterson, Ramsey, Sawyer, Sehurz, Scott, Sherman, "Stewart, Sumner, Tipton, Trumbull, Warner, Williams, Wilson— 31. Mr. Morton moved to strike from section 1st the words, "authorizing the issue of any such obligation ;" which was not agreed to — yeas 14, nays 32, as follow : Yeas — Jlessrs. Bat/ard, Brownlow, Casserly, Morton, Norton, Pomeroy, Pratt, Robertson, Ross, Spencer, Sprague, Stockton, Thurman, Vickers — H. N.\Ts — Messrs. Abbott, Anthony, Boreman. Carpen- ter, Cattell, Corbett, Cragin, Drake, Fenton, Ferry, Fes- senden, Gilbert, Grimes, Hamlin, Howard, Howe, Mor- rill, Patterson, Ramsey, Sawyer, Sehurz, Scott, Sher- man, Stewart, Sumner, Thayer, Tipton, Warner, Willey, Williams, Wilson, Yates— 32. March 15 — This bill was then laid aside, and the House bill taken up and passed by the vote given above. Amendment to the Tenure-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 by the Senate and House of Rep- resentatives of the United States of America m Confress assembled, 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 lieu of said repealed sections the follow- ing are hereby enacted : That every person holding any civil office to which he has been or hereafter may be appointed, by and with the advice and consent of the Sen- ate, and who shall have become duly qualified to act therein, shall be entitled to hold such office 414 POLITICAL MANUAL. (luring (lie term for whicli he shall have been appointed, unless sooner removed by and with the advice and consent of the Senate, or by the appoiniment, with the like advice and consent, oi' asuccessorin his place, except as herein-other- wise provided. Sec 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 officer appointed by and with the advice and consent of the Senate, except judges of the United States courts, uuiil the end of the next Fessiou of the Senate, and to designate some suit- able person, subject to be removed in his discre- tion by tlie designation of another, to perform the duties of such suspended ofllcer in the mean- time; and sucli jierson so designated shall take the oaths and give the bonds required bj" law to be taki-n and given by the suspended officer, and shall, during the timn he performs his duties, be entitled to the salary and emoluments of such office, no partof which shall belong to the officer euspended ; and it shall be the duty of the Presi- dent within thirty Jays after the commencement of each session of the Senate, except for any office which in his opinion ought not to be tilled, 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 retuse 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. Sec. 3. And belt 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. Te\s— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Bailey, Banlcs, IJeaman, Bennett, Bing- ham, Blair, Boles, Bowen, Buffinton, Bnrdett, Benjamin F. Butler, Roderick U. Butlor, Cake, Cessna, Cluirchill, Amasa Coh'o, Clinton L. Cobi), Coburn, Cook, Conger, Cowlos, Cullom, Dawes, Dixon, Dockery, Donley, Duval, Ela, FerrLss, Finkelnburg, Fisher, Fitch. Garfield. Gil- fillan, Hale, Ilawlcy, llayj Ilcuton, Hill, Hooper, Hop- kins, InuiersoU, Jenekcs, Alexander H. Jones, Judd In Senate, March 31. Yeas— Messr<5. Abbott, Anthony, Boreman, Brownlow, Buckingham, Cameron, Carpenter, Chandler, Conkling, Corbettj'Cragin, Drake, Edmunds, Fcnton, Ferry, Gil- bert, Grimes, Hamlin, Harlan. Harris. Howard, Kellogg, Morrill, Nye, Osborn. Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice. Sawyer. Sehurz, Seott. Spencer, Sumner, Tipton' Trumbull, 'Willcy, Williams, Wilson, Yatca — 12. Nays — Messrs. Bayard, Casscrly, Davis, ilcCrctry, Spraguc, Stockton, Thurmun, Tickers — 8. Preliminary Votes. The following is the action of each House ia detail : In House. 1869, March 9 — The bill to repeal the tenure- of-office act was introduced by Mr. Benjamin F. Butler, and read a first and second time and passed — yeas 138, nays 16, (not voting 39,) as follow : Ye\s — Messrs. Adams, Allison, Ambler, Arcfirr. Asper, Aa-tdl, Bailoy, Banks, Beaman, Beck. Bennett. Biogs, Bingham. Blair, Boutwell, Bowcn, Bovd. Kut^inton, Burdett, Burr, Benjamin F. Butler, Roclerifk R. But- ler, Cake, Cessna, rhurehil), Clarke, Cleveland. h.m!xsa, Cobb. Clinton L. Cobb, Coburn, Cook, Conger, Crehs, Cullom. Davis, Dawes, Deweese, Dickey, Dickinson, Dyer, Eldri('fi>; Ferry, Finckelnburg, Fisher, Fitch, Gilfillan, Goll'day. Griswohl, Haldeman, Hale, llamill, ilawkins, llawley, Hay, Heaton, IliW, IIoa{;,U oar. Hoi- ma)i, Ini'ersoll, Johns'ii. Alexander II. Jones, Thomas L. Janes, Jiidd, Julian, Kelley. Kelsey, Kerr, Kctoham, Knapp. Knott. Lash. Logan. Loughridge, Marshnll, May- ham. JlcCfiimick. McCrary, McGrew, SlcKeeVj, ilnjj'd. Elia- kim n. >Ioore, Jesse n. Moore, Morrill, Neglev, iV^li^acJ;, O'Neill, Orth, Packard, Packer, Paine, Palme'r, Peters, Phelps, Pomcrov, PoWe?-, Prosser. Randall, lieailirifj. Rice, Rogers, S.argent, Schumaker, Seofield, Shanks. Sheldon, Slncum, John A. Smith, William J. Smirh, Stevenson, SUles, Stone. .Stoughton, Strader. Strickland, Swann, Sweeney. 3V!m^7<'.T\vichell,Tyner,Upson, Van Auken,\a.n Horn, ran Trump, Voorhecs, Cadw.alader C. Wa.shburn, AVilliam B. Washburn, Welker, TTeHs, Wheeler, Williams, Eugene M. Wihnn. John T. Wilson, Winans, Winchestr, Witeher. Wood. Woodward — 138. N.'^TS— Jlessrs. Arnell, Boles, Farnsworth, Ferriss, riotehkiss, Jenckes, Lawrence, M.aynard. Schenck, Worthington C. Smith, Stokes, TatYe, 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, Buck- inshani, ' aipenter, Cattell, Chandler, Conkling, Cragin, Drake, Edmunds. Fern,', Gilbert, Hamlin. Harris, How- ard, Howe, Morrill. Norton, Nye, Patterson, Pomeroy, Ramsej'. Rice, Sauver, Schurz. Scott, Stewart, Sumner, Tipton, Trumbull, Williams, Wilson, Vates— 34. Nay.s— Messrs. Hayard, Boreman, Cameron, Casserly, Corliett, Durif. Fenton, Fessenden. Fowler, Grimes, McCreer;/, McDonald, Morton, Pool, Pratt, Robertson, Ross, Sherman, Spencer, Sprague, Stockton, Thayer, Thiirman, Vickers. \Varner — 25. March 24— Mr. Trumbull reported the bill Kelsey Knapp, Laflin.L.ash, l.ogan. Lynch Maynard, | f ^j Committee on the Judiciary, amended McCarthy, .McCrarv, McGrew, Mercur, Lliakim "• 1 . . ., l ^^ n n .,„ t;„^ ^ln,,<.Q Moore,Jesse H.Moore, William Moore,Morrell, Morrill, so as to strike out all alter the enacting clause 0'Neill,Packard,Packer, Paine, Palmer, Peters, Phelps, ' and insert as follows: Pomeroy, Pro^ser, Roots, Sanford, Sargent Sawyer, , rp| (^ ^j j ^ ^ 2d sections of an act enti- Sehenck, Scohcld, Sh.anks, Sheldon, John A. bimth, | ,, , .. , ^ , ,. .i . „„„ „i- „„,.4.„;„ William J. Smith, William Smvth, Stoven.s. Stevenson, ; lied "An act regulating the tenure ot ceitain Hawk ins, /Wif'I'"ar, Ilolman.Johmson, Thomas L. Jones, I \\iq Senate, and who shall have become qualified "^"'l'"V,'^"7' »T';'''i','''^'°' Hf'''''"\-';?'T\-Jl''^Z' ! to act therein, shall be entitled to hold such office mick, MrA'cly. Mo/let, Morr/an, Mum/en. A lUack. Orth, Po- \ ^y' . ,, . ' c i- i i in i „„^ i^,,„„ \and,J''.tter,Randatl.J!cadMf/. Reercis.Rir,', n,r.i^TH.Schiir .dixvmgihQ term for which he shall ha\c been makrr..siocum,\\'(ivt\[\ni^U>n'('.Hin'ah.suirs.Sionc, Swann, \ appointed, unless sooner removed by and with Sweeney, rrimljh Van Auken.V,mrl,,rs, n'lls.VjhHtemorc \ ^^j , ; ^ consent of the Senate, or by the Wilkinson, Uillard, y:.u/7'ne J/. Milson, Wood, Woodward," . \ , •., .v vi j ■ „„-q ^^.,o,^„f _C7. . . (/ I appointment, with the like advice and consent, POLITICAL VOTllS. 415 of a successor in his place, except as herein otherwise provided. Sec. 2 And be it further enacted, Tliat 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 ot the Senate, except judges of tlie TJuited 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 tlie designation of another to perform the duties of such suspended officer in the mean- time; and such person so designated shall t;ike oaihs iind give bonds required by law to Ije taken and given by the suspended officer, and shall during the time he performs his duties be entitled to the salary and emolument? of such office, no part of which shall belong to the officer suspended. It shall be the duty of the President vvitbin 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, whetlier 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, and shall also refuse by vote to assent to his suspension, then, and not otherwise, such officer, at the end of the session, Bhall be entitled to resume the possession of the office from which he was suspended, and after- v.'ards to rovision has been made by any State in the department, the record will be forwarded to the Secretary of War for designation of a prison. The authority which has designated the place of confinement, or higher authority, can change the [ilace of confinement, or mitigate or remit the sentence. The same rules apply to prisoners sentenced b}' military commission, so long as the law under which the military commission acted is in force; but when that law ceases to be operative, the President alone can change the place of confine- ment, or mitigate or remit the sentence. By command of General Grant. E. D. TOWNSEND, Assistant Adjutant Oeneral. HEADaUAETERS OF THE AeMY, Adjutant General's Office, Washington, November 4, 1868. General Orders, No. 91. I. The following orders have been received from the \Var Department: War Department, WASniNGTON City, November 4, 1868. By direction of tlie President, Brevet Major General E. K. S. Canliy i.s hereby assigned to the eomniand of the fifth military district, created by tlie act of Con- pross of March 2, 1807, and of the military department of Texas, con.sisting of tl>e State of Te.\aH. Ho will, without unnecessary delay, turn over his present com- mand to the ne.xt officer in rank, and proceed to the fximmand to which he is hereby assigned, and, on as- Hurning the same, will, when necessary to a faithful execution of the laws, exercise any and all powers conferred by acts of Congress upon district command- ers, and any and all authority pertaining to officer.s in ••ommand of mi'litary departments. Brevet Major General J. J. Reynolds is hereby re- lieved from the command of the fifth military dis- trict. J. M. SCHOFIELD, Secretary of War. II In pursuance of the foregoing order of the President of the United States, Brevet Major General Ganby will, on receipt of this order, turn over his present command to the officer next In rank to himself, and proceed to Austin, Texas, to relieve Brevet Major General Reynolds of the command of the fifth military district. By command of General Grant. E. D. Townsend, Assistant Adjutant Oeneral. Headquarters of the Army, Adjutant General's Office, Washington, March 5, 1869. General Orders, No. 10. The President of the United States directs that the following orders be carried into execution as soon as practicable: 1. The department of the South will be com- manded by Brigadier and Brevet Major General A. H. Terry. 2. Major General G. G. Meade is assigned to command the military division of the Atlantic, and will transfer his headquarters to Pinladel- phia, Pennsylvania. He will turn over his pres- ent command temporai'ily to Brevet Major Gen- eral T. H. Pv-uger, colonel 33d infantry, who is assigned to duty according to his brevet of major general while in the exercise of this command. 3. Major General P. H. Sheridan is assigned to command the department of Louisiana, and will turn over the command of the department of the Missouri temporarily to the next senior officer. 4. Major General W. S. Hancock is assigned to command the department of Dacotah. 5. Brigadier and Brevet Major General E. R. S. Canby is assigned to command the first mili- tary district, and will proceed to his post as soon as relieved by Brevet Major General Reynolds. 6. Brevet Major General A. C. Gillem, colonel 24th infantry, will turn over the command of the fourth military district to the next senior officer, and join his regiment. 7. Brevet Major General J. J. Reynolds, colo- nel 26th infantry, is assigned to command the fifth military district, according to his brevet of major general. 8. Brevet Major General W. H. Emory, colo- nel 5th cavalry, is assigned to command the department of Washington, according to his brevet of major general. By command of the general of the army. E. D. Townsend, Assistant Adjutant General. Headquarters of the Army, Adjutant General's Office, Washington, March 16, 1869 General Orders, No. 18. By direction of the President of the United States, the following changes are made in mili- tar)' divisions and department commands: I. Lieutenant General P. H. Sheridan is as- signed to command the military division of the Missouri. II. Major General H. W. Halleck is assigned to the command of the military division of the South, to be composed of the departments of the South and Louisiana, of the fourth military dis- trict, and of the States composing the present department of the Cumberland, headquarters Louisville, Kentucky. Major General Ilalleck ORDERS AND PAPERS ON RECONSTRUCTION, ETC. 425 •will proceed to his new command as soon as relieved by Major General Thomas. III. Major General G. H. Thomas is assigned to command the military division of the Pacific. IV. Major General J. M Schotield is assigned to command the department of the Missouri The Slale of Illinois and post of Fort Smith, Arkansas, are transferred to this department. V. Brigadier and Brevet Major General 0. 0. Howard is assigned to command the department of Louisiana. Until his arrival, the senior offi- cer, Brevet Major General J. A. Mower, will com- mand according to his brevet of major general. VI. The department of Washington will be discontinued and merged in the department of the East. The records will be sent to the adju- tant general of the army. VII. The first military district will be added to the military division of the Atlantic. VIII. As soon as Major General Thomas is ready to relinquish command of the department of the Cumberland, the department will be dis- continued, and the States composing it will be added to other departments, to be hereafter designated The records will be forwarded to the adjutant general of the army. By command of General Sherman : E. D. TOWNSEND, Assistaiit Adjutant General. Headquarters of the Army, Adjutant General's Office, Washington, March 31, 1869. Special Orders, No. 75. Extract. * -X- * * * * * 16. By direction of the President of the United States, Brevet Major General A. S. Webb, U. S. array, is assigned to command the first military district, according to his brevet of major general, until the arrival of Brevet Major General Canby to relieve liim. He will accordingly repair to Pkichmond, Virginia, without delay. * * By command of General Sherman : E. D. Townsend, Assistant Adjuta7it General. Headquarters of the Armt, Adjutant General's Office, Washington, April 3, 1869. General Orders, No. 29. I. By direction of the President of the United States, paragraph VIII of General Orders, No. 18, of March 16, 1869, is hereby revoked. II. Brigadier and Brevet Major General P. St. G. Cooke, U. S. army, is assigned to the com- mand of the department of the Cumberland wjjen it shall be relinquished by Major General Thomas By command of General Sherman: E. D. Townsend, Assistant Adjutant General. ORDERS OF THE DISTRICT COMMANDERS.* First Military District— Virginia. Headquarters Department of Virginia, Richmond, Va., Ju7ie 23, 1869. General Order, No. 77. The laws of the State of Virginia and the or- • Continued from p. 325 Hand-Book of Politics for 1868, or p. 65 Political Manual for 1868. dinances of the different municipalities within the State having especial reference to and made to restrain the personal liberty of free colored persons were designed for the government of such persons while living amrd a population of colored slaves ; they were enacted in the inter- ests of slave-owners, and were designed for the security of slave property : they were substan- tially parts of the slave code. Slavery has been abolished in Virginia; and, therefore, upon the princifde that where the reason of the law ceases the law itself ceases, these laws and ordinances have become obsolete. People of color will henceforth enjoy the same personal liberty that other citizens and inhabitants enjoy ; they will be subject to the same restraints and to the same punishments for crime that are imposed on whites, and lo no others. Vagrancy, however, will not be permitted ; neither whites nor blacks can be allowed to abandon their proper occupations, to desert their families, or roam in idleness about this depart- ment; but neither whites nor blacks will be re- strained from seeking employment elsewhere, when they cannot obtain it with just compensa- tion at their homes, nor from travelling from place to place on proper and legitimate business. Until the civil tribunals are re established, the administration of criminal justice must of neces- sity be by military courts. Before such courts the evidence of colored persons will be received in all cases. By command of Major General A. H. Terry. Ed. W. Smith, A. A. G Official : A. R. S. FooTE, A. A. 0. 1869, February 8 — All civil officers, corpora- tions, &c., required to make returns to the legis- lature, ordered to make the same to headquarters. March 15 — The joint resolution respecting the provisional governments of Virginia and Texas was promulgated, and all officers unable to take the test oath removed, to take effect the 18th instant. March 18 — Removal in accordance with above order suspended till the 21st instant. March 21 — General Stoneman submitted his report, which showed that there were 5,446 offices in the State, 532 of which had been filled by General Schofield, 1,972 by General Stoneman, 329 could take the oath, and 2,613 were unfilled, owing to the difficulty in finding men aole to take the test-oath. March 22 — The mayor of Richmond asked the commanding officer if tlie appointment of colored policemen would meet his approval, who on the 23d answered that it would, and so would their appointment to all yiositions to which they were eligible and for which thev were competent. March 27 — General Stoneman took upon him- self the duties of governor, removing Governor Wells. March 30 — In compliance with Special Order, 75, A. G. 0., Brevet Major General A. G. Webb assumed command. April 2 — Governor Wells was reinstated. April 3 — It appearing that the organization of civil government under the reconstruction laws in certain counties proved to be impossible, since suitable persons to qualify and assume the duties of the various offices of this district, under the 426 POLITICAL MANUAL. laws of the United States, had not been found, military officers were again appointed in some sections of the State. April 20— General E. R. S. Canby assumed command. April 22 — All officers of the provisional gov- ernment ordered to take the test-oath. May 7 — Orders that "all persons elected or appointed to civil office who have subscribed the oath of office of July 2. 1862, and filed the same with county clerks or witli other civil officers, as required by law, will cause duly cer- tified copies of said oath to be made and filed at these headquarters, that their ability to qualify under the joint resolution of Congress passed February 6, 18G9, (Public, No. 6,) may be defi- nitely ascertained. A failure to send forward such oath will be an indication that the office is vacated under the resolution before cited." May 27 — Assigns military commissioners and Bupenntendeiits of registration and election; in- vests the military commissioners with all the powers of justices of the peace and police magis- trates, to be " governed in the execution of their duties by the laws of Virginia, except so far as those laws may conflict with the laws of the United States or with the orders issued from these headquarters;" places at their disposition all peace officers, in addition to troops; makes it their duty to promptly report to headquarters all cases, and when parties are held for trial, either in confinement or under bail, the cases to be so fully reported as to enable the command- ing general to decide whether they shall be tried by a military commission or a civil court; de- clares that the powers herein conferred upon military commissioners are not to be construed as extending to the inhabitants in their ordinary personal relations, but to the end tliat United States laws be duly executed and full protection given to all parties in their rights of person and property, and that they will only be exercised where the civil authorities refuse or fail to act, or exact and impartial justice from the civil courts cannot be secured; all persons required to obey anid execute all lawful orders of the mili- tary commissioners. Civil officers not relieved from duty — this order being intended to aid and not supersede them — except in cases of necessity. The superintendents of registration and election districts are^ invested with similar but subordi- nate powers to those of military commissioners, to or through whom they must report June 21J— The stay of executions against per- sonal property extended until January 1, 1870: Provided, That between January 1 and August 1, 1869, the debtor shall have paid one year's interest upon the principal sum due. June 30 — To guard against fraud, two ballot- boxes at each polling {ilace: one to receive bal- lots for or against the constitution as a whole, the other, for or against the separate clauses to be voted on ; a committee of not more than three persons from each political party to witness l)a,l- Jot counting, but none save sworn election officers to examine or handle poll lists, ballot-boxes, or ballots. In justification of his test-oath order, General Canby wrote the following letter: Headquaktep.s FinsT Military DisinicT, State of Vikgima, Richmond, Va , June 2o, 1869. Mr. B. W. GiLLis, Richmond, Va. Sill : I have received your note of the 2.3d in- stant, and will state in reply to the inquiries tlurein made — First. That I have uniformly held that mem- bers of the general assembly and State officers to be elected on the 6th proximo would be re- quired to take, before entering upon the duties of their offices, the oath prescribed by the law of July 2, 1862, unless the constitution should first b^ approved by Congress, or the oath be otherwise dispensed with by law. Second. That this decision is in conformity with the action heretofore taken upon the same subject in another district, and was based upon a careful consideration of all the laws bearing upon the question now presented. The 6th section of the law of March 2, 1867, provides " That until the people of the said rebel States shall be by law admitted to representa- tion in the Congress of the United States, any government which may exist therein shall be deemed provisional only, and in all respects subject to the paramount authority of the United States to abolish, modify, control, or supersede the same." The conditions that must precede this admission to representation are prescribed by the 5th section of the same law, the 5th section of the law of March 23, 1867, and the 6th section of the law of April 10, 1869. The same section [irescribes the qualifications of voters in all elections to office, and the qualifications (eligibil- ity) of officers under such provisional govern- ments. Tlie supplementary law of March 23, 1867, modified the qualifications of voters by prescriijing registration and determining the con- ditions essential to registration, and the amend- atory law of March 13, 1868, section 2, applied the same qualifications (registered voters) to the voters for members of the House of Representa- tives of the United States, and all elective offices provided for by those constitutions, at the elec- tions to be held upon the questions of ratifying or rejecting the proposed constitutions, and the 9th section of the law of July 19. 1867, im- poses an additional qualification upon the offi- cers, by requiring that they shall take the oath of office prescribed by the law of July 2, 1862. Under the original law of March 2, 1867, (sec- tion 5,) it was in the power of the district com- mander to prescribe an oath of office, conforming to the conditions of eligibility prescribed by tiiat section, and this in fact was done by several of the district commanders in this district by General Orders, No. 9, of April 5, 1867; and these oaths continued in force until they were sufierseded by the oath required by the law of July 19, 1867. That law placed the subject be- yond the discreiion and control of the district commander, and he cannot now prescribe or adopt any different oath without disregarding or annulling a positive and controlling law. I have heretofore held, and do now hold, that the approval by Congress of any proposed constitu- tion makes it a part of the reconstruction laws, and, to iho extent that Congress directs or au- thorizes any action under it in advance of the ORDERS AND PAPERS OX RECONSTRUCTION, ETC. 427 admission of the State, dispenses with tlie pro- visions of any previous laws that conflict with it. In all other respects the constitutions and the govern uieuts organized under them remained inoperative until all the conditions of restora- tion were satisfied. It has been suggested re- cently that this decision is in conflict with a decision made by the general of the army in relation to the titate of Georgia, on the 2d of March, 1868. The only decision of that date which I have been able to find relates to the State of Florida, and is in reply to a specific inquiry as to the qualifications of voters for offices under the constitution, "and to take office on the adoption of the constitution," and the answer is to be interpreted by the decision of January 13, 1868, that " The governments elected cannot assume authority except under the orders of the district commander, or after action of Congress on their constitutions." The decision in relation to Georgia is dated on the 29th of April, 1868. It is similar in import, and refers to the dispatch of March 2, and this has proba- bly led to the confusion of dates. It is in answer to a communication from the commander of the third military district, and applies directly and apparently exclusively to the 2d paragraph of General Orders, No. 61, third military district, of May 15, 1868, which provides that "inasmuch as said general assembly, should the constitution now submitted to the people of the State be ratified by them, and be approved by Congress, is required to convene and adopt the proposed amendment to the Constitution designated as Article XIV before the State can be admitted to representation in Congress, it may be decided that the members of the said general assembly are, while taking this preliminary action, officers of a provisional government, and as such required, under the 9th section of the act of Congress, of July 19, 1867, to take the "test oath." This decision must also be interpreted by the decision of January 13lh, and this I apprehend to be the proper rule of interpretation of all the correspondence upon this subject, as I have been unable to find any case in which the inquiry and answer did not relate to the status of these officers after t!ie approval by Congress of the constitu- tion under which they were elected. The law of June 25, 1868, approving the constitutions of several States, and authorizing specific action under them, was regarded by me as dispensing with the oath of office prescribed by the law of July 2, 1862, first as to the members of the general assembly, and after the ratification of the con- stitutional amendment to the other State officers duly elected and qualified under those constitu- tions. This construction, in its first application, did not include the governor and lieutenant gov- ernor ; but as the organization of the legislature would have been incomplete without the lieu- tenant governor, and as the legislative action required by the law might have been embarrassed by the action of the old incumbents, the general of the army directed that they should be re- moved, and the governor and lieutenant governor elect should be appointed in their places. They were so appointed in North and South Carolina, qualified under their military appointment, and after the ratification of the constitutional amend- ment again qualified under the constitutions of their States. The action taken in the first case was approved, and in the second, directed by the general of the array. It has also been suggested that the re- eonstruction laws are silent as to the qualification of officers to be elected under the proposed con- stitutions and of voters at such elections, and that the laws under which the decision has been made are in conflict with the recent legislation of Congress (act of April 10, 1869) and with the XlVth article of the amendments to the Consti- tution of the United States. The question with regard to the qualification of voters was raised in the case of the (then) proposed constitution of the State of Florida, and was settled by the 2d section of the law of March 13, 1868, which pro- vides " That the constitutional conventions of any of the States named in the acts to which this is amendatory may provide, that at the time of voting upon the ratification of the constitution, the registered voters may vote also for members of the House of Representatives of the United States and for all elective officers provided by said constitution." The "voters" at the election to be held in this State for " members of the gen- eral assembly," "State officers," and " members of Congress," under the authority of the 2d sec- tion of the law of April 10, 1869, are determined by the 1st section of that law to be the " voters of said State registered at the date of said sub- mission (of the constitution) for ratification or rejection." The qualification of the officers rests upon the same basis, and must be governed by the reconstruction laws until the constitution becomes the controlling law, and this does not obtain until it has been approved by Congress. Over the remaining^suggestions the district com- mander has no control, and the question whether the laws are or are not in conflict with the con- stitution must be determined by the Supreme Court of the United States. Very respectfully, your obedient servant, Ed. R. S. Canby, Brevet Major General, commanding. Second Military District— North Carolina and South Carolina. 1868, July 2 — Various appointments of rail- road directors, &c., made by Governor Worth annulled. July 2 — Legislature of North Carolina ratified the XlVth constitutional amendment. July 3 — General Can by telegraphed to Gov- ernor Holden, "Your telegram announcing the ratification of the constitutional amendment by the Legislature of North Carolina has been re- ceived, and instructions will be sent to day to the military commanders in North Carolina to abstain from the exercise of any a' thority under the reconstruction laws, except to close up unfin- ished business, and not to interfere in any civil matters unless the execution of the law of June 25, 1868, should be obstructed by unlawful or forcible opposition to the inauguration of the new State government." July 6 — Issued instructions as to the coiwse to be pursued by commanding officers on ratifica- tion of XlVth amendment in North Carolina and issue of the President's proclamation. 428 POLITICAL MANUAL. July 9 — The Legislature of South Carolina ratified the XlVth constitutional amendment. July 13 — Order similar to that of July 6 in relation to South Carolina. July 24 — All authority conferred upon and heretofore exercised by the commander of the said second military district, by and under the aforecited law of March 2, 1867. remitted to the civil authorities constituted and organized in the eaid States of North Carolina and South Carolina under the constitutions adopted by the people thereof and approved by the Congress of the United States. Third Military District— Georgia, Florida, and Alabama. 1868, April 10 — The resignations of sheriffs in Georgia being very numerous on account of the near approach of the election, their resignations were not received, and they were required to continue in the discharge of their duties till re- lieved by further orders. Forba'de the attempts of employers to control the action or will of their laborers as to voting, by threats of discharge or other oppressive means, under the penalty of fine and imprisonment An- nounced it as the intention of the commanding general to secure to all duly registered voters an opportunity to vote "freely and without re- straint, fear, or the influence of fraud." April 11 — Forbade all municipal elections in Georgia on the general election day. Forbade the assembling of any armed bodies to discuss political questions. Forbade the carrying of arms at or near polling places on election day. Enjoined the superintendents of registration and officers of Freedmen's Bureau to instruct the freedmen as to their rights. April 13 — It having been reported that many names have been stricken from the registered list of voters in Georgia without any cause, and it being the determination of the commanding general that all the candidates shall be able to show, from official data, that the election was honestly and fairly conducted, all managers of elections were ordered to receive the votes of all such persons, to be sent in a separate envelope with the returns of the election. April 15 — Members of the General Assembly of Georgia taking their seats before the ratifica- tion of the XlVlh constitutional amendment are officers of a provisional government, and required to take tlie test-oath. April 24 — Allowed the employment on the 'highway of such persons as had been convicted of minor offences, permitted the use of the ball and chain where there was danger of escape, but the chain-gang not to be revived. May 11 — Declared the constitution of Georgia ratified by a majority of 17,699. June 2 — Declared the constitution of Florida ratified by a majority of 5,050. June 9— Legi'slature of Florida ratified the XlVth constitutional amendment. June 28— rtufus B. Bullock appointed Gov- ernor of Georgia, vice Brevet Brigadier General T. H. Euger, to date from July 5. William H. Smith, Governor, vice K. M. Patton removed, and A. J. Applegate, Lieutenant Governor, of Alabama, both to date from July 13. June 29 — All civil officers in Florida ordered to turn over all public property, Ac, to duly eleeted officers, and the district commander, on notification of the inauguration of civil govern- ment, to transfer everything appertaining to the government of said State to the proper civil officers, and to abstain in future upon any pre- text whatever from any interference with or control over the civil authorities of the State in the persons and property of the citizens thereof. July 2 — Forbade any court or ministerial offi- cer in Georgia to enforce any judgment, decree, or execution against any real estate, except for taxes, money borrowed and expended in th« improvement of the homestead or for the pur- chase-money of the same, and for labor done thereon or material furnished therefor, or re- moval of incumbrance thereon, until the legis- lature should have time to provide for the setting apart and valuation of such properly. July 3 — Governor R. B. Bullock ordered to effect organization of the two houses of the leg- islature of Georgia on the 4th inst. July 9 — Governor Wm. H. Smith ordered to organize the two houses of the legislature of Alabama on the I3th inst., having required be- forehand that each house shall be purged of those who were obnoxious to the XlVth consti- tutional amendment. July 13 — The legislature of Alabama ratified the XlVth constitutional amendment. July 14 — Military rule withdrawn from the State of Alabama. All prisoners ordered to be turned over to civil courts. Writs from State courts to be answered by stating that the pris- oners are prisoners of the United States, and writ must come from United States court. July 21 — Legislature of Georgia ratified the XlVth constitutional amendment. July 22 — Military rule withdrawn from Geor- gia. Headquarters Third Military District, (Dept. of Georgia, Florida, and Alabama,) Atlanta, Ga., July 30 1868 General Orders, No. 108. I. The several States comprising this military district having, by solemn acts of their Assem- blies, conformed to the requisitions of tlie act of Congress which became a law June 25, 1868, and civil government having been inaugurated in each, the military power vested in the district commander by the reconstruction laws, by the provisions of these laws ceases to exist, and hereafter all orders issued from these headquar- ters, and bearing upon the rights of persons and property, will have in the several States of Georgia, Alabama, and Florida only such force as may be given to tliein by the courts and leg- islatures of the respective States. * * By order of Major General Meade: S. F. Barstow, a. a. a. G. Fourth Military District— Mississippi and Ar- kansas. 1868, June 22— Arkansas admitted to repre- sentation in Congress. June 22 — Election in Mississippi, constitution defeated. June 30 — Military rule withdrawn from Ar- kansas. ORDERS AND PAPERS ON RECONSTRUCTION, ETC. 429 Augusts — Arkansas detached from the fourth military district and attached to the department of Louisiana. 1869, March 23 — All offices held by persons unable to lake the test-oath and whose disabili- ties have not been removed declared vacant. April 9 — Annuls an act of the legislature of Mississippi of 1867 in regard to poll-tax, fixing it at one dollar instead of two. No city or town allowed to levy a poll-tax. April 27 — Ordered that all persons, without respect to race, color, or previous condition of servitude, who possess the qualifications pre- scribed by article 135, page 499, of the Revised Code of 1857, shall be competent jurors. Fifth Military District— Louisiana and Texas- 1868, July 9 — Legislature of Louisiana rati- fied the XlVth constitutional amendment. July 13 — Military rule withdrawn from Louis- iana. August 4 — Louisiana detached from the fifth military district. September 18— The constitutional convention of the State of Texas, on the 25th day of August, 1868, levied a tax of one fifth of one per cent on the assessment of 1868; which tax the asses- sors and collectors now have instructions to col- lect. It is hereby ordered that the tax be promptly fiaid. Any obstruction or resistance to the col- ection of said tax will be a violation of the law of Congress, and as such will be punished by military authority. September 29 — No election for electors of Pre- sident and Vice President of the United States will be held in the State of Texas on the 3d of November next. Any assemblages, proceedings, or acts for such purposes are hereby piohibited, and all citizens are admonished to remain at home, or attend to their ordinary business on that day. November 4 — General Reynolds removed from command. General E. R. S. Canby assigned to the fifth military district. December 7 — The constitutional convention reassembled, 1869, January 16 — Divided the State into posts, giving instructions as to the duties of the commanding officers of each, and calling on all good citizens to unite in enforcing the law and establishing a good government. January 20 — Forbids all military interference where civil power is sufficient to insure justice and order, and requires all things to be done as nearly in accordance with the laws of the States as may be, and promises the support of the mili- tary in every case of need to the civil authorities. January 21 — Authorizes post commanders to admit to bail persons not subject to Articles of War held in military arrest. Prescribes the form of bond. "H. The commanding general is advised that in some of the counties of this State it has been the practice of the sheriff, in calling for assist- ance in the execution of legal process, to summon only persons who are of the same politisal party. The administration of justice should not only be impartial, but its agents should be free from the suspicion of political or partisan bias; and it is mada the duty of all sheriffs and peace officers in all cases where they may lawfully require assistance, to summon substantial citizens of the county, whose social and material intere.«ts are involved in the peace and prosperity of the com- munity, without reference to their political opinions. "For like reasons, no person who is person- ally or pecuniarily interested in any issue to be tried will hereafter be deputed to serve or be summoned to aid in the service of any legal process connected with the particular cause of action." Headq'rs Fifth Military District, Austin, Texas, April 7, 1869. General Orders, No. G8. Tlie provisions of chapter 63, general laws of the 11th legislature, State of Texas, passed Oc- tober 27, 1866, are so modified, that hereafter no county judge or county court shall apprentice any child whose relatives, either by consan- guinity or affinity, take such care of it as to pre- vent its becoming a charge upon the public; and in every case where a child has been apprenticed by the county court since the 19lh day of June, 1865, the indentures shall be cancelled by the court that ordered them, when the relatives of such child, either by consanguinity or affinity, apply to the county court for the custody and care of it. It is further ordered, that the bond required by section 5 of said act shall, in addition to the conditions therein prescribed, provide for the tuition of such child in some private or public school for three months in every year of the apprenticeship. * * In any case where a sale of real estate may be made under execution or other judicial pro- cess, or ' under a mortgage or deed of trust," and the proceeds of such sale are for the benefit of the State of Texas, the Governor and attor- ney general may direct that such real estate shall be bid in for the State, if in their judgment the interest of the State will thereby be pro- moted ; and the deed in such case shall be exe- cuted to the State of Texas in the same manner and with like effect as if the purchase had been made by an individual. The State of Texas shall in no case be required to give any bond or other security in the prose- cution of its suits or remedies in the courts of the State. The operation of the act of the 11th leg- islature of Texas, providing " for the educa- tion of indigent white children of the several counties of the State," parsed November 12, 1866, is'hereby suspended until the legislature shall provide for an equal system of common schools. All moneys collected for the purposes named in the act above cited, and not paid out or due under existing contracts or agreements, are hereby directed to be paid to the treasurers of the sev-eral counties wherein the same shall have been collected, and said treasurers are di- rected and required to receipt and account for the same as by law required with reference to other moneys not applicable to any special fund or purpose. By command of Bvt. Maj. Gen . E. R. S. Canby : Louis V. Caziarc. A. DC. A A A.G. 430 POLITICAL MANUAL. April 8 — Gen. Canby relinquished command, and Gen. .1. J. Reynolds resumed it. April 12. — All civil officers in the State who cannot take the test-oath will cease to perform official duties on the 25th instant. New Constitution of Texas. The constitution of the State of Texas, adopted by the convention, and to be submitted to a vote of the people at a time to be indicated by the President, contains in the preamble an acknowl- edgment, with gratitude, of the grace of God in permitting them to make a choice of our form of government. In the bill of rights are these declarations: That the heresies of nullification and secession, which brought the country to grief, may be elim- inated from political discussion, that public order may be restored, private property and human life protected, and the great principles of liberty and equality secured to us and our posterity, we de- clare that — The Constitution of the United States, and the laws and treaties made and to be made in pur- suance thereof, are acknowledged to be the su- Eremelaw; that this constitution is framed in armony with and in subordination thereto ; and that the fundamental principles embodied herein can only be changed subject to the national au- thority. All freemen, when they form a social compact, have equal rights, and no man or set of men is entitled to exclusive separate public emoluments or privileges. No law shall be passed depriving a party of any remedj' of the enforcement of a contract which existed when the contract was made. No person shall ever be imprisoned for debt. No citizen of this State shall be deprived of life, property, or privileges, outlawed, exiled, or in any manner disfranchised, exceptbyduecourse of tlie law of the land. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed ; nor shall the law of primogeniture or entailment ever be in force in this State. The equality of all persons before the law is herein recognized, and shall ever remain invio- late; nor shall any citizen ever be deprived of any right, privilege, or immunity, nor be ex- empted from any burdens or duty, on account of race, color, or previous condition. Importations of persons under the name of "coolies," or any other designation, or the adoption of any system of peonage, whereby the helpless and unfortunate may be reduced to j)artial bondage, shall never be authorized or tolerated by the laws of the State; and neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall ever exist in the State. Every male person who shall have attained the age of twenty-one years, and who shall be (or who shall have declared his intention to be- come) a citizen of the United States, or who is at the time of the acceptance of this constitution by the Congre.«s of the United States a citizen of Texas, and shall have resided in the State one year next preceding an election, and the lastsix months witiiin the district or county in which he offers to vote and is duly registered, (Indiana not taxed excepted,) shall be deemed a qualified elector; and should such qualified elector hap- pen to be in any other county, situated in the district in which he resides, at the time of an election, he shall be permitted to vote for any district officer; provided that the qualified elec- tor shall be permitted to vote anywhere in the State for State officers; and provided further, 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 for four. The legislature shall not authorize any lottery, and shall prohibit the sale of lottery tickets. It shall be 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 reward ; 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 constitu- tion the legislature shall proceed to ratify the Xlllth and XlVth articles of amendiiient 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 mis- feasance, malfeasance, or nonfeasance; but the reasons and causes of such removal shall be com- municated 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 the 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 >tate 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 otiicers that are now or hereafter may be elected by the people, and upon all questions submitted to tho 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 and maintenance of a system of public free schools, for the gratuitous instruction of all the inhabitants of this State between the ages of Bix and eighteen years. The legislature shall establish a uniform sys- tem of public free schools throughout the State. The legislature at its first session (or as soon thereafter as maj' 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 four months of each and every year ; provided, that whenever any of the scholastic inhabitants may be shown to have 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 establishment and endow- ment of said public free schools, all the funds, lands, and other property heretofore set apart and appropriated for the support and mainte- nance of public schools shall constitute the public school fund ; and all sums of money that may come to this State hereafter from the sale of any ?ortion of the public domain of the State of exas 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. An.d 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 tlie income derived from the public school fund and from the taxes for school purposes pro- vided for in the foregoing section, provide for 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 tlie same shall be added to the public school fund. The hgislature shall, at its first session, (and from time to time thereafter, as may be found necessary,) y)rovide all needful rules and regula- tions for the purpose of carrying into effect the provisions of this article. It is made the imper- ative duty of the legislature to see to it that all the children in the State, within the scholastic age, aril 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 scholastic 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. To ever}' head of a family, who has not a homestead, 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 for 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 conditions as are imposed upon the head of a family. Members of the legislature, and all officers, 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 sliall 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 for by pre- existing law. General laws, regulating the adoption of chil- dren, emancipation of minora, and the granting of divorces, shall be made; but no special law shall be enacted relating to particular or indi- vidual cases. The rights of married women to their separate property, real and personal, and the increase of the same, .xhall be protected by law ; and mar- ried women, infants, and insane persons, shall not be barred of their rights of property by ad- verse posses.sion or law of limitation of less tlian seven years from and after the removal of each and all of their respective legal disabilities. The legislature shall have power, and it shall be their dut3-,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 of land, (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 designation as a homestead, and without reference to the value of any improvements tliereon, 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 materiils expended thereon ; nor shall the owner, if a married man, be at liberty to alienate the same unless by tiie consent of the wife, and in such manner as may be prescribed by law. All persons who at any time heretofore lived together as husband and wife, and 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 the parties, shall be considered as having been legally married, and the issue of such cohabitation shall be deemed legitimate , and all such persons as may be now living together in such relation shall be consid- ered as having 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 seat in the legislature as representative, shall, after such ac- ceptance, be allowed to claim exemption from military service, road duty, or serving on juries, by reason of his said profession. The ordinance of the convention passed on the first day of February, A. D. 1861, commonly known as the ordinance of secession, was in con- travention of the Gonstitution and laws of the United States, and therefore null and void from the beginning ; and all laws and parts of laws founded upon said ordinance were also null and void from the date of their passage. The legis- latures which sat in the State of Texas from the 18th day of March, A. D. 18G1, until the (Itii day of August, A. D. 18G6, had no constitutional au- thority to make laws binding upon the people of the State of Texas : Provided. That 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 wliich have been actuallj'- in force or observed in Texas du- ring the above [leriod of tune, nor to afl'ect pre- judicially private rights which may have grown up under such rules and regulations, nor to in- validate official acts not in aid of the rebellion against the United States during said period of time. The legislature wliich 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 only so far as they were not in vio- lation of tiie Constitution and laws of the United States, or were not intended to reward ihose who participated in the rebellion or discriminate be- tween citizens on account of race or color, or to operate prejudicially lo any class of citizens. All debts created by the so-called Stale of Texas from and after the 28th day of January, A. D. 1861, and prior to the 5th day of August, 1SG5, were and are null and void, and the legis- lature is [irohibited irom making any provision for the 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 Government of 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, and exchanged during the rebellion at the treasury for non-interest warrants, are hereby declared to have been fully paid and dis- charged: Provided, That any loyal person, or his or her heirs or legal representatives, rnav, by proper legal proceedings, to be commenced within two years after the acceptance of this constitu- tion by the Congress of the United States, show proof in avoidance of any contract made or re- vise or annul any decree or judgment rendered since the said 28th day of January, 1861, when, through fraud practiced or threats of violence used towards such persons, no adequate consid- eration for the contract has been received ; or when, througli absence from the State of such person, or through political prejudice against such [lerson, the decision complained of was not fair or impartial. All the qualified voters of each county shall also be qualified jurors of such county. Four congressional 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 commanding general of the military district. JUDICIAL DECISIONS, AND THE OPINION OF THE ATTORNEY GENERAL OF THE UNITED STATES ON THE JURISDICTION OF MILITARY COMMISSIONS. SUPREME COURT OF THE UNITED STATES. On the Right of a State to Tax Passengers Pass- ing through it. No. 85, December Term, 1867. William H. Crandall,prff in error,"] In error to the su- I preme court of "*• f the State of Ne- The State of Nevada. J vada. ' Mr. Justice Miller delivered the opinion of the court. The question for the first time presented to the court by this record is one of importance. The proposition to be considered is the right of a Slate to levy a tax upon persons residing in the State who may wish to get out of it, and upon persons 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 have been 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- pany, and for refusing to pay the tax of one dollar imposed on each passenger by the law of that State. He pleaded in good form that the law of the State under which he was 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 violation of the Constitution are to be found in sections 90 and 91 of the revenue act of 1865, page 271 of the statutes of Nevada for that year. 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, stagecoach, or other vehicle en- gaged or employed in the business of transport- ing passengers 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 collecting 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 sheriff or other proper officer. It is claimed by counsel for the State that the tax thus levied is not a tax upon the passenger, but upon the business of the carrier who trans- ports him. 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 compel every person trav- eling through the country by the common and usual modes of public conveyance to pay a spe- cific sum to the State 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- coaches 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 Cases, 7 Howard, in which there were wide differences on several points involved in the case before us. 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 |1 tor 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; but 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 is de- manded of the captain, and not from every sep- arate passenger, for convenience of collection. 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 embark for the voyage. 51 434 POLITICAL Manual. 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 tStaie, 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 tlie su- preme court of Nevada, wliich is found in the record, it is assumed that tliis 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 imfiosts or duties on imports or exports, and that which confers on Congress the power to regulaie commerce with foreign nations and among the several States. The question as thus narrowed is not free from dithculties. 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, tliat foreigners coming to this country were imports 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 States. 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- stitution, two propositions are advanceil on be- half of tlie defendant in error : 1. That the tax imfiosed by the State on passengers is not a reg- ulation of commerce 2. Tliat if it can be so con- 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 Consti- tution, necessarily excludes the exercise by the States of any of the power thus granted, is one which has been niucti considered in this court, and the earlier discussions left the question in much doubt. As hue as the January term, 1849, tlie opinions of tiie judges in the Passengi-r Cases s!'ow tliat the question was considered to be one of much imi)ortanL-e in lliose cases, and was even then unsettled, liioiigh previous 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 leference to the local laws of tlie port of Philadslphia 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 terra "to regu- late commerce," but that until Congress made 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, that the authority to regulate commerce with foreign 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 State 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 Gillrnan vs. Philadelphia, 6 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 he 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, it 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 us is to be determined by the two clauses of the Constitution which we have been examining. Thepeofile of these United States constitute one nation. They have a Government in which all of them aredee[il}'- interested. This Government has necessarily a capital established by law, where its principal operations are conducted. Here sits its legislature, composed of senators and rejiresentatives from the States and from the people of the States. Here resides the Presi- dent, directing through thousands of agents the execution of the laws over all this vast country. Here is the seat of the supreme judicial power of tlie 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 offices of the iriiiils, of the public lands, of the collection and distribution of the public revenues, and of our foreign relations. Tliese are all estab- lished and conducted under the admitted powers of the Federal Government. That Government has a riglit 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 right cannot be made to depend upon the plea 8ure of a State, over whose territory they must pass to reach the point where tiiese services must be rendered. The Government also has its offices of secondary importance in all other parts of the country. On the seacoasts 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 demar,ds the services of its citizens, and is entitled to bring them to those points 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 througli 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 maj' be overthrown by an ob- struction to its exercise. Much the largest part of the transfiortation of troops during 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 Government to assert any claim he may have upon tliat Governttient, 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 soil he must pass in the exercise of it. The views here advanced are neither novel nor unsupported by authority. The question of the taxing power of the States, as its exercise has affected the functions of the Federal Government, has been repeatedly considered by this court, and the right of the States in this mode to impede or embarrass the coastitutional 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 Ts. 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 the Bank of the United States, with authority to es- tablish branches in the different States, and to issue notes for circulation. Tlie 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 tlie Federal Constitution No particular provision of the Constitution was pointed to as prohibiting tlie taxation b}' the State. Indeed, the authority of Congi-ess to create the bank, wliich was strenuously denied, and the discussion of wliich constituted an im- portant element in the opinion of the court, was not based by that opinion on anj' ex{)iess grant of power, but 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 justify 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 lo 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 the constitutional measures of another, wliich 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 v/as 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 MAXUAL. acter. So, in the case before us, it may be said that a tax of oue dollar for passing through the State of Nevada, by stage coach or b}' 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 liiiiioiie thousand dollars. If one State can do this, so can every other State. And tlius one or more States, covering tlie only practicable routes of travel from the east to the west, or from the north to the south, may to- tally prevent or seriousl)' 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 Slate of Maryland, (12 Wheatou, 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 lield it to be so on tliree different grounds: Orst, that it was a duty on imports ; second, that it Wiis a regulation of com- merce; and, third, that the importer who had paid the duties imfiosed b}' the United States had acquired a right to sell his goods in the same original packages in wliich they were imported. To say nothing of the first and second grounds, we iiave in the tliird a tax of a State declared to be void because it interfered with the exercise of a ri;;liL derived by the importer from the laws of the Uniied States. If tiie right of passing through a Slate by a citizen of the United States is one guarantied to him by the Constitution, it must be as j^acred 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 he 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 othersecuritiesof thesamecharacter. It was held by the court that the free and suc- cessful operation nf ijie Government required it at times to borrow money ; that to borrow money it WMs necessary to issue this class of national securities, and that if the States could tax these securities, they might^o tax them as to seriously impair or totally destroy the power of the Gov- ernment to borrow. This case, itself based on tlie doctrines advance 1 by the court in McCul- loch vs The State of Maryland, has been followed in dl the recent casi-s involving State taxation of Ouvernment 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 ill that of Brown vs. Maryland. But in all the otiier 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 tlie Federal Government, whicli was itself only to be sustained as neces- sary and proper to the exercise of soma other power expressly granted. In the Passenger Cases, to which reference has already been made, Justice Grier, with wiiom Justice Catron concurred, makes this one of the four propositions on whicli 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 tlie members of 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 Ciiief 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, which 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 great concerns 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 offices in every State in tlie Union. * * * For all the great purposes for which the Federal Gov- ernment was formed we are one people, with one common countrj'. We are all citizens of the United States, and as members of the same com- munity must have the right to pass and repass through every paVt 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 mem.bers 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 very clearly do not possess it." Although these remarks are found in a dissent- ing opinion, the}' do not relate to the matter on which the dissent was founded. Tiiey accord with the inferences which we have already drawn from the Constitution itself, and from the decis- ions of tli!s court in exposition of that instru- ment. Those principles, as we have already stated them in this o}>inion, 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 from 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. Oc 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 1 think the judg- JUDICIAL DECISIONS, ETC. 437 In error to the court of appeals of the State of N. York. ment of the court should have been placed exclu- sively upon that ground. Strong doubts are entertained by me whether Congre.=;s possepses 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 congressional action. The Chief Justice also dissents, and concurs in the views I have expressed. On State Taxation of United States Certificates of Indebtedness. December Term, ] 868. The People of the State of New York, ex rel. The Bank of New York National Banking Association, plaintiffs in error. No. 24t). vs. Richard B. Connolly, comptroller, and John T. Hottm:in.' mayor, &c., et al. The Peciple of tlic State of New Y'ork, ex rel. The National Broadway Bank, plaiutifls in error. No. 248. vs. John T. Hoffman, mayor, and Richard T. Connolly, comptroller, etc., and The People of the State of New York, ex rel. The National Bank of the Republic of the city of New York, plaintiffs in error, No. -252. vs. John T. Hoffman, mayor, Richard B. Con- nolly, comptroller "of the city of New York, et 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 tlie United States, known as certifi- cates of indebtedness, liable to be taxed by Siate legislation? These three cases 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, thougli nomi- nally imposed upon their respective cafiitals, it was in fact imposed upon the bonds and obliga- tions of the United States, in which a large pro- portion of these capita,ls was invested, and which, under the Constitution and laws of the United States, were exemp-t from State taxation. This question was brought before the court of appeals, wliich sustaiued the assessments, and disallowed the claim of the banking associations. From tliis decision an appeal was taken to tins 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 was 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 tliat 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 cliarged 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 tiie 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, anreserva- tion of our republican institutions. They were received instead of money at a time when full money payment for supplies was impossible, and, according to the principles of tlie cases to which 'we have referred, are as much beyond the taxing * 2 Black., C28. t 2 Wall., 200. JUDICIAL DECISIONS, ETC. 439 In error to the court of ap- peals of the State of New York. power of the States as the operations themselves in furiherance of which they were issued. It results that the several judgments of the court of appeals must be reversed. On State Taxation of United States Notes. No. 247.— Decembee Term, 1868. The People of the State of New York, a: rel. the Bank of New York, plain- titfs in error, vs. The Board of Supervisors of the Coun- ty of New York. Mr. Chief Justice Chase delivered the opinion of the court. This case differs from those just disposed of in two particulars: (1) That the board 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 j udgment 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 the act of July 11, 1862 ;f and the third that of March 3, 1863. t Before either of these acts received the sanc- tion of Congress the Secretary of the Treasury had been authorized by the act of July 17, 1861,^ 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,^ increased to sixty 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. In December, 18d1, the State banks (and no others then existed) .'suspended payment in coin ; and il 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 hi the national Government. The latter alter- native was preferred, and in the necessity thus recognized originated the legislation providing *12 U.S. Stat., 3-15. f 12 U.S. Stat, 532. J12 U. S.Stat., 709. ? 12 U. S. Stat., 259, 2 6. i 12 U. S. Stat., 313, J 5. H 12 U. S. Stat., 338. at first for tlie 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 be 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 into bonds of the funded debt, bearing not less than five per cent, interest, payable in coin. The act of February 25, 1862, provided for the issue of these notes to the aniount of 1150,000,000. 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 authorize'.; $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 hank 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 which 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 of 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 of the Government in issuing them for circulation more than like taxation embarrasses its power in coining and issuing gold and silver money for circulatiou. 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 POLITICAL MANUAL. Their name imports obligation. Every one of them expresses ujion its face an engagement of the nation to pay to the bearer a certain sum. The dollar note is an engagement to pay a dol- lar, and the dollar intended is the coined dollar of the United Slates — a certain quantity in ■weight and fineness of gold or silver, authenti- cated as such b}' the stamp of the Government. No other dollars liad before been recognized by the legislation of the national Government as lawful money Would, then, their usefulness and value as means to the exercise of the functions of govern- ment be injuriously affected by State taxation? It cannot be said, as we 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 culation as money. But we cannot say that no embarrassment would arise from such taxation. And we think it clearly within the discretion of Congress to determine whether, in view of all the circumstances attending the issue of the notes, their usefulness as a means of carrying on the Government would be enhanced by ex mp- tion from taxation; and within the constitu- tional power of Congress, having resolved the question of usefulness affirmatively, 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 acts under which they were issued has left no doubt in our minds upon that point. The act of February, 1862,* declares that " all United States bonds and other securities of the United States held by individuals, associations, or corporations, within the United States, shall be exempt from taxation by or under State authority." We have already 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 national faith, the only ultimate security of all national obligations, whatever form they may assume. And this provision is re-enacted in application to the second issue of United States notes by ihe act of July 11, 1863.t And, as if to remove every possible doubt from the intention of Congress, the act of March 3, 1S63,J which provides for the last issue of these notes, omits in its exemption clause the word "stocks," and substitutes for '•other securities" the words, "Treasury notes or United States notes issued under the provisions of this act." It was insisted at the bar tliat a measure of exemption in respect to the notes issued under this, different from that provided in the former acts in respect to the notes authorized by them, was intended. But we cannot yield our assent to this view. The rule established in the last act is in no respect inconsistent with tliat pre- viously established. It must be regarded, tiiere- fore, as explanatory. It makes specific what was before expressed in general terms. ♦ 12 U. S. Stat., 340, 'i2. 1 12 U. S. Stat., 54C. 1 12 Stat., 709. Our conclusion is, that United States notes are exempt, and, at the time the New York statutes were enacted, were exempt from taxation by or under State authority. The judgment of the court of appeals must therefore be reversed. Clause making United States Notes a Legal Ten- der for Debts lias no reference to State Taxes. No. 5.— December Teem, 1868. The County of Lane, prff in error,") In error to the su- vs. > preme court of the The State of Oregon. J State of Oregon. Mr. Chief Justice Chase delivered the opinion of the court. The State of Oregon, in April, 1865, filed a complaint against the county of Lane, in the circuit court of the State for that county, to recover $5,460 96 in gold and silver coin, which sum was alleged to have become due as State revenue from the county to the State on the 1st Monday of February, 1864. To this complaint an answer was put in by the county, alleging a tender of the amount claimed by the State, made on the 23d day of January, 1864, to the State treasurer, at his office, in United States notes, and averring that the law- ful money so tendered and offered was, in truth and fact, part of the first moneys collected and paid into the county treasury after the assess- ment of taxes for the year 1862. To this answer there was a demurrer, which was sustained by the circuit court, and judgment was given that the plaintiff recover of the de- fendent the sum claimed in gold and silver coin, with costs of suit, and this judgment was affirmed upon writ of error by the supreme court of the State. The case is brought here by writ of error to that court ; and two propositions have been pressed upon our attention, ably and earnestly, in behalf of the plaintiff in error. Ihe first is, that the laws of Oregon did not require the collection in coin of the taxes in question, and that the treasurer of the county could not be required to pay to the treasurer of the State any other money than that in which the taxes were actually collected. The second is, that the tender of the amount of taxes made to the treasurer of the State by the treasurer of the county in United States notes, was warranted by the acts of Congress authorizing the issue of these notes, and that the law of the State, if it required collection and payment in coin, was repugnant to these acts, and therefore void. The first of these propositions will be first considered. The answer avers substantially that the money tendered was part of the first moneys collected in Lane county after the assessment of 1863, and the demurrer admits the truth of the answer. The fact therefore may betaken as established, that the taxes for that year in Lane county were collected in United States notes. But was this in conformity with the laws of Oregon ? In this court the construction given bj'' the State courts to the laws of a State relating to local affairs is uniformily received as the true con- struction, and the question first stated must have JUDICIAL DECISIONS, ETC. 441 been passed upon, in reaching a conclusion upon the deinurrur, both by the circuit court for the county and by the supreme court of the State. Both courts must have held that the statutes of Oregon, either directly or by clear implication, required the collection of taxes in gold and silver coin. Nor do we perceive anything strained or un- reasonable in this construction. The laws of Oregon, as quoted in the brief for the State, pro- vided that " the sheriff shall pay over to the county treasurer the full amount of the State and school taxes in gold and silver coin;"* and that " the several county treasurers shall pay over to the State treasurer the Stale tax in gold and silver coin."f It is certainly a legitimate if not a necessary inference that these taxes were required to be collected in coin. Nothingshortof express words would warrant us in saying that the laws au- thorized collection in one description of money from the people and required payment over of the same taxes into the county and State treas- uries in another. If, in our judgment, however, this point were otherwise, we should still be bound by the sound- est principles of judicial administration and by a long train of decisions in this court to regard the judgment of the supreme court of Oregon, so far as it depends on the right construction of the statutes of that State, as tree from error. Thesecond proposition remains to beexamined, and this inquiry brings us to the consideration of the acts of Congress authorizing the issue of the notes in which the tender was made. The first of these was the act of February 25, 1862, which authorized the Secretary of the Treasurj' to issue, on the credit of the United States, ?150,000.000 in United States notes, and provided that these notes "shall be receivable in payment of all taxes, internal duties, excises, debts, and demands due to the United States, ex- cept duties on imports, and of all claims and demands against the United States of every kind whatsoever, except interest on bonds and notes, which shall be jjaid in coin; and shall also be lawful money and legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid." The second act contains a provision nearly in the same words with that just recited, and under these two acts two-thirds of the entire issue was authorized It is unnecessary, therefore, to refer to the third act, by which the notes to be issued under it are not in terms made receivable and payable, but are simply declared to be lawful money and a legal tender. In the first act no eniission was authorized of any notes under five dollars, nor in the other two of any under one dollar. The notes, au- thorized by difl'erent statutes, for parts of a dol- lar, were never declared to be lawful money or a legal tender. J It is obvious, therefore, that a legal tender in United States notes of the precise amount of taxes admitted to be due to the State could not ♦Statutes of Oregon, 438, 232. flWd., 441, 246. ±12 U. S. Stat., 592; Ibid., 711. be made. Coin was then and is now the only legal tender for debts less than one dollar. In the view which we take of this case this is not important. It is mentioned only to show that the general words "all debts" were not intended to be taken in a sense absolutely literal. We proceed then to inquire whether, upon a sound construction of the acts, taxes imposed by a State government upon tiie people of a State are debts within their true meaning. In examining tliis question it will be proper to give some attention to the constitution of the States and to their relations as United States. The people of the United States constitute one nation, under one government; and this govern- ment, within the scope of the powers with which it is invested, is supreme. On the other hand, the people of each State compose a State, having its own government, and endowed with all the functions essential to separate and independent existence. The States disunited might continue to exist. Without the States in union there could be no such political body as the United States. Both the States and the United States existed before the Constitution. The people, through that instrument, established amore perfect union, by substituting a national Government, acting, with ample power, directly upon the citizens, instead of the confederate government which acted with powers, greatly restricted, only upon the States. But in many articles of the Consti- tution the necessary existence of the States, and, within their jiroper spheres, the independent authority of the States, is distinctly recognized. To them nearly the whole charge ot interior reg- ulation IS committed or left ; to tliem and to the people all powers not expressly delegated to the national Government are reserved. The general condition was well stated by Air. Madison, in the Federalist, thus: "The federal and State gov- ernments are in fact but different agents and trustees of the people, constituted with different powers and designated for different purposes." Now, to the existence of the States, themselves necessary to the existence of the United States, the power of taxation is indispensable. It is an essential function of government. It was exercised by the colonies; and when the colonies became States, both before and after the formation of the confederation, it was exer- cised by the new governments. Under the articles of confederation the Gov- ernment of the United States was limited in the exercise of this power to requisitions upon the States, wiiile the whole power of direct and indi- rect taxation of persons and property, whether by taxes on polls, or duties on imports, or duties on internal production, manufacture, or use, was acknowledged to belong exclusively to the States, without any other limitation than that of non- interference with certain treaties made by Con- gress. The Constitution, it is true, greatly changed thih condition of things. It gave the power to tax, both directly and indirectly, to the national Government, and, subject to the one prohibition of any tax upon exports and to the conditions of uniformity in respect to indirect and of proper- 442 POLITIC^iL MANUAL. tioa iu respect to liirect taxes, the power was givea v/ithout any express reservation. On the other hand, no power to tax exports, or imports except lor a single purpose and to an insignificant extent, or to lay any duty on ton- nage, was permuted to the tStaies. In respect, however, lo property, business, and persons within their respective limits, their power of taxation iemained and reiaaiiis entire. It is indeed a concurrent power, and in the case of a tax on the same subject by both Governments, the claim of the United States, as the supreme authority, must be preferred; but with this qualification it is absolute. The extent to which it shall be exercised, the subjects upon which it shall be exercised, and the mode in which \l shall be exercised are all equally within the discretion of the legislatures to which the States commit the exercise of the power. That discretion is restrained only by the will of the people expressed in the State constitutions or through elections, and by the condition that it must not be so usf;d as to bur- den or embarrass the operations of the national Government. There is nothing in the Constitution which contemplates or authorizes any direct abridge- ment ot this power by national legislation. To the extent just indicated it is as complete in the States as the like power, witliin the limits of the Constitution, is complete in Congress. If, therefore, the condition of any State, in the judgment of its legislature, requires the collection of taxes in kind, that is to say, by the delivery to the proper officers of a certain pro- portion cf [iroducts, or in gold and silver bullion, or in gold and silver coin, it is not ea.sy to see upon what principle the national legislature can interfere with the exercise, to that end, of this power, original in the States, and never as yet surrendered. If this be so, it is certainly a reasonable con- clusion that Congress did not intend, by the general terms of the currency acts, to restrain the exercise of this power in the manner shown by the statutes of Oregon. Other considerations strengthen this conclu- sion. It cannot escape observation that the pro- vision intended to give currency to the United States notes in the two acts of 1862 consists of two quite distinguishable clauses. The first of these clauses makes tliose notes receivable in payment of all dues to the United States, and payable in satisfaction of all demands against the United States, with sjiecified exceptions ; the second makes them lawful money, and a legal tender in payment of debts, public and private, within the United States, with the same excep- tions. It seems quite probable that the first clause only was in the original bill, and that the second was afterwards introduced during its progress into an act. However this may be, the fact that both clauses were made part of the act of February, and were retained in the act of July, 1862, indicates clearly enougli the intention of Congress that both shall be construed together. Now, in the first clause, taxes are plainly distinguished, in enumeration, boia debts; and it is uot aa uoreasoaable infer- ence that the word debts in the other clause was not intended to include taxes. It must be observed that the first clause, which may be called the receivability and payability clause, imposes no restriction whatever upon the States in the collection of taxes. It makes the notes receivable for national taxes, but does not make them receivable for State taxes. On the contrary, the express reference to receivability by the national Government, and the omission of all reference to receivability by the State gov- ernments, excludes tiie li3'pothesis of an intention on the part of Congress to compel the States to receive them as revenue. And it must also be observed that any con- struction of the second, or, as it may well enough be called, legal-tender clause, that includes dues for taxes under the words debts, public and pri- vate, must deprive the first clause of all effect whatever. For if those words, rightly appre- hended, include State taxes, they certainly in- clude national taxes also; and if they include national taxes, the clause making them receiv- able for such taxes was wholly unnecessary and superfluous. It is also proper to be observed that a techni- cal construction of the words in question might defeat the main purpose of the act, which doubt- less was to provide a currency in which the re- ceipts and payments incident to the exigencies of the then existing civil war might be made. In his work on the Constitution, the late Mr. Justice Story, whose praise as a jurist is in all civilized lands, speaking cf the clause in the Constitution giving to Congress the power to lay and collect taxes, says of the theory which would limit the power to the object of paying the debts, that, thus limited, it would be only a power to provide for the payment of debts then existing.* And certainly, if a narrow and limited interpre- tation would thus restrict the word debts in the Constitution, the same sort of interpretation would in like manner restrict the same word in the act. Such an interpretation needs only to be men- tioned to be rejected. We refer to it only to show that a right construction must be sought through larger and less technical views. We may, then, safely decline either to limit the word debts to existing dues, or to extend its meaning so as to embrace all dues of whatever origin and description. What then is its true sense? The most obvious, and, as it seems to us, the most rational answer to this question is, that Congress must have had in contemplation debts originating in contract or demands carried into judgment, and only debts of this character. This is the commonest and most natural use of the word. Some strain is felt upon the understanding when an attempt is made to extend it so as to include taxes im- posed by legislative authority, and there should be no such straih in the interpretation of a law like this. We are the more ready to adopt this view, because the greatest of English elementary writers upon law, when treating of debts in their various descriptions, gives no hint that ♦1 Story OE Cons., 033, §921. JUDICIAL DECISIONS, ETC. 443 taxes come within either :* while American State courts of the highest authority have re- fused to treat liabilities for taxes as debts, in the ordinary sense of that word, for which actions of debt may be maintained. The first of these cases was that of Pierce vs. The City of Boston.f 1842, in which the de- fendant attempted to setoff against a demand of the plainlifl' certain taxes due to the city. The statute allowed mutual debts to be set off, but the court disallowed the right to set off taxes. Tiiis case went, indeed, upon the construction of the statute of Massachusetts, and did not turn on the precise point before us; but the language of the court shows that taxes were not regarded as debts within the common understanding of the word. The second case was that of Shaw vs. Pickett.J in which the supreme court of Vermont said : " The assessment of taxes does not create a debt that can be enforced by suit, or upon which a promise to })ay interest can be implied. It is a proceeding in invituin." The next case was that of the City of Camden vs. Allen, II 1857. That was an action of debt brought to recover a tax by the municipality to which it was due. The language of the supreme court of New Jersey was still more explicit; *' A tax, in its essential characteristics," said the court, " is not a debt, nor in the nature of a debt. A tax is an impost levied by authority of gov- ernment upon its citizens or subjects for the support of the State. It is not founded on con- tract or agreement. It operates in i7ivitum. A debt is a sum of money due by certain and ex- press agreement. It originates in and is founded upon contracts express or implied." Ttiese decisions were all made before the acts of 1862 were passed, and they may have had Bome influence upon the choice of the words used. Be this as it may, we all think that the inter- pretation which they sanction is well warranted. We cannot attribute to the legislature an in- tent to include taxes under the term debts without something more than appears in the acts to show that intention. The supreme court of California, in 1862, had the construction of these acts under consideration in the case of Perry vs. Washburn. § The decis- ions which we have cited were referred to by Chief Justice Field, now holding a seat on this bench, and the very question we are now con- sidering, " What did Congress intend by the act?" was answered in these words : " Upon this ques- tion we are clear, that it only intended by the terms debts, public and private, such obligations for the payment of money as are founded upon contract." In whatever light, therefore, we consider tliis question, whether in the light of the conflict be- tween the legislation of Congress and the taxing power of the States to which the interpretation insisted on in behalf of the county of Lane would give occasion, or in the liglit of tlie language of the acts themselves, or in the light of the de- cisions to which we have referred, we find our- selves brought to the same conclusion, that the * 2 Blaek. Com., 475, 476. f3 Met., 520. J 26 Vt., 486. 1 2 Dutch., 308. 2 20 California, 350. clause making the United States notes a legal tender for debts has no reference to taxes impoeed by State authority, but relates only to debts, in the ordinary sense of the word, arising out of simple contracts or contracts by specialty, which include judgments and recognizances.* Whether the word debts, as used in the act, includes obligations expressly made payable, or adjudged to be paid in coin, has been argued in another case. We express at present no opinion on that question. The judgment of the supreme court of Oregon must be affirmed. Express Contracts to Fay Coined Dollars can only ba satisfied by the Payment of Coined Dollars. No. 89. — December Term, 1868. Frederick Bronson, executor of the"! In error to the last will and testament of Arthur court of ap- Bronson, deceased, plaintiff in error, y peals of the vs. State of New Peter Rodes. 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 IBronson 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 Piodes, who assumed to pay the mortgage debt, and did, in fact, pay the interest until and including the 1st 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, Rodes 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 Rodes 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 tliat Bronson might be compelled to execute and deliver to him an acknowleose if we ex- amine three only — the acts of April 2, 1792,* of January 18, 18o7,t and March 3, 1S49.J The act of 1792 established a mint lor the pur- pose of a national coinage. It was the result of very carel'ul and thorough investigations of the whole subject, in which Jefferson and Hamilton took the greatest parts; audits general princi- ples have controlled all subsequent legislation. It 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-half 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 and sixteen grains 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 for 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 twoaud-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 less, 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 tiie pro[iortion 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 other, anil partly for the convenience of commerce. The only change of sufficient importance to require notice, was that made by the act of 1837.|| That iict directed that standard gold, and stand- ard silver al.^o, should thenceforth consist of nine parts pure and one part alloy ; that the weight of standard gold in the eagle should be two hun- * 1 U. S. Stat., 240. toU. S.Stat., 13(i. iOU. S. StatT, 397. i 5 U. S. Stat, 137. JUDICIAL DECISIONS, ETC. 445 dred and tifty-eight grains, and in the half-eagle and quarter-eagle, respectively, one-lialf and one-quarter of that weight precisely; and that the weight of standard silver should be in the dollar lour 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 double-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 eight-tenths of a crain. 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 attainable exactness, both in weight and purity of metal. In single coins the greatest deviation tolerated in the gold coins was half a grain in the double- eagle, eagle, or half-eagle, andaquarter of a grain in the quarter eagle or gold dollar ;f and in the silver coins, 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. J In 1849 the limit of deviation in weighing large numbers of coins on delivery 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 thought safe to make the gold and silver coins of the United States legal tender in all payments according to their nominal or declared values. This was done by the act of 18.37. Some regulations as to the tender, for small loans, of coins of less weight and purity have been made; but no other pro- vision than that made in 1837, making coined money a legal tender in all payments, now exists upon the statute-books. The design of all this minuteness and strict- ness in the regulation of coinage is easily seen. It indicates the intention of the legislature to give a sure guaranty to the people that the coins made current in payments contain the precise weight of gold or silver of the precise degree of purity declared by the statute. It recognizes the fact, accepted by all men throughout the world, that value is inherent in the precious metals; that gold and silver are in themselves values, and being such, and being in other re- spects best adapted to the purpose, are the only proper measures of value; that these values are determined 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 incontestible. If they are so in fact, the inquiry concerning the legal import of the phrase "dol- lars payable in gold and silver coin, lawful money of the United States," may be answered •without much difficulty. Every such dollar is a *9 U.S. Stat., 793. +19 U. S. Stat., 398. J 15 U. S. Stat., 137. piece of gold or silver, certified to be of a certain weight and purity b}'' the form and impress given to it at the mint of the United States, and therefore declared to be legnl tender in payments. Any number of such dollars is the number of grains of standard gold or silver in one dollar multiplied by the given number. Payment of money is delivery by the debtor to the creditor of the amount due. A contract to pay a certain number of dollars in gold or silver coins is, therefore, in legal import, nothing else than an agreement to deliver a certain weight of standard gold, to be ascertained by a count of coins, each of which i.s cerlififd to contain a definite proportion of that weight. It is not distinguishable, as we think, in prin- ciple, from a contract to deliver an equal weight of bullion of equal fineness. It is distinguisha- ble, in circumstance, only by the fact that the suflSciency of the amount to be tendered in pay- ment must be ascertained, in the case of bullion, by assay and ihe scales, while in the case of coin it may be ascertained by count We cannot suppose that it was intended by the provisions of the currency acts to enforce satisfaction of either contract by the tender of depreciated currency of any description equiva- lent only in nominal amount to the real value of the bullion or of the coined dollars. Our conclusion, therefore, upon this part of the cnse is, that the bond under consideration was in le- gal import precisely what it was in the under- standing of the parties, a valid obligation, to be satisfied b}' a tender of actual payment according to its terms, and not by an offer of mere nominal payment. Its intent was that the debtor should deliver to the creditor a certain weight of gold and silver, of a certain fineness, ascertainable by count of coins made legal tender by statute, and this intent was lawful. Arguments and illustrations of much force and value in support of this conclusion might be drawn from the possible case of the repeal of the legal-tender laws relating to coin, and the con- sequent reduction of coined money to the legal condition of bullion, and also from the actual condition of partial demonetization to which gold and silver money was reduced by the intro- duction into circulation of the United States notes and national bank currency; but we think it unnecessary to pursue this branch of the dis- cussion further. Nor do we think it necessary now to examine the question whether the clauses of the currency acts making the United States notes a legal ten- der are warranted by the Constitution. But we will proceed to inquire whether, upon the as- sumption that those clauses are so warranted, and upon the further assumption that engage- ments' to pay coined dollars may be regarded as ordinary contracts to pay money rather than as contracts to deliver certain weights of standard gold, it can be maintained that a contract to pay coined money may be satisfied by a tender of United States notes. Is this a performance of the contract within the true intent of the acts? It must be observed that the laws for the coinage of gold and silver have never been re- pealed or modified. They remain on the statute. 446 POLITICAL MANUAL. book in full force; and the emission of gold and silver coins from the mint continues, the actual coinage during the last fiscal j^ear having ex- ceeded, according to the report of the director of the mint, $19,000,000. Nor liave those provisions of law which malce these coins a legal tender in all payments been repealed or modified. It follows that tdere were two descriptions of mouey in use at the lime the tender under con- sidoraiion was made, both authorized by law, and both made legal tender in payments. The statute denomination of both aescriptions was dollars; but they were essentially unlike in na- ture. The coined dollar was, as we have said, a piece of gold or silver of a prescribed degree of puril}', weighing a prescribed number of grains. The note dollar was a promise to pay a coined dollar ; but it was not a promise to pay on de- mand nor at any fixed time, nor was it, in fact, convertible into a coined dollar. It was impos- sible, in the nature of things, that these two dol- lars should be the actual equivalents of each other, nor was there anything in the currency acts purporting to make them such. How far they were, at tiiat time, from being actual equivalents has been already stated. If, tlien, no express provision to the contrary be found in the acts of Congress, it is a just, if not a necessary inference, from the fact that both descriptions of money were issued by the fame Government, that contracts to pay in either were equally sanctioned by law. It is, indeed, difficult to see how any question can be made on this point. Doubt concerning it can only spring from that confusion of ideas' which always attends the introduction of varying and uncer- tain measures of value into circulation as money. The several statutes relating to money and legal tender must be construed together. Let it be supposed then that the statutes providing for the coinage of gold and silver dollars are found among the statutes of the same Congress which enacted the laws for the tabrication and issue of note dollars, and that the coinage and note acts, respectively, make coined dollars and note dollars legal tender in all payments, as they actually do. Coined dollars are now worth more than note dollars; but it is not impossible that note dollars actually convertible into coin at the chief commercial centres, receivable every- where for all public dues, and made, moreover, a legal tender everywhere for all debts, may be- come, at some points, worth more than coined dollars. What reason can be assigned now for Baying that a contract to pay coined dollars must be satisfied by the tender of an equal number of note dollars, wiiich will not be equally valid then for saying that a contract to pay note dol- lars must be satisfied by the tender of an equal number of coined dollars? It is not easy to see how difficulties of this sort can be avoided except by the admission that Ihe tender must be according to the terms of the contract. But we are not left to gather the intent of these currency acts from mere comparison with the coinage acts. The currency acts thom.^elves provide for payments in coin. Duties on im- ports must be paid in coin, and interest on the public debt, in the absence of other express pro- visions, must also be paid in coin. And it hardly requires argument to prove that these positive requirements cannot be fulfilled if contracts be- tween individuals to pay coin dollars can be satisfied by oilers to jmy their nominal equiva- lent in nute dollars. The merchant who is to pay duties in coin must contract for tlie coin which he requires; the bank which receives the coin on deposit contracts to repay coin on de- mand ; the me?senger who is sent to the bank or the custom-house contracts to pay or deliver the coin according to his instructions. These are all contracts, either express or imjdied, to pay coin. Is it not jilain that duties cannot be paid in coin if these contracts cannot be enforced? An itislructive illustration may be derived from another provision of the same acts. It is expressly provided that all dues to the (lovern- ment, except for duties on imports, may be paid in United (States notes. If, then, the Govern- ment, needing more coin than can be collected from duties, contracts with some bank or indi- vidual for the needed amount, to be paid at a certain day, can this contract for coin be per- formed by the tender of an equal amount in note dollars? Assuredly it may, if the note dollars are a legal tender to the Government for all dues except duties on imports. And yet a construction which will support such a tender will defeat a very important intent of the act. Another illustration, not less instructive, may be found in the contracts of the Government with the depositors of bullion at the mint to pay them tlie ascertained value of their depo.sits in coin. These are demands against the Govern- ment other than for interest on the public debt; a\d the letter of the acts certainly makes United States notes payable for all demands against the Government except such interest. But can any such construction of the act be maintained? Can judicial sanction be given to the proposition that the Government may discharge its obligation to the depositors of bullion by tendering them a number of note dollars equal to the number of gold or silver dollars which it has contracted by law to pay? But we need not pursue the subject further. It seems to us clear beyond controversy, that the act must receive the reasonable construction, not only warranted, but required by the comparison of its provisions with the jirovisions of other acts, and with each other; and that upon such reasonable construction it must be held to sus- tain the proposition that express contracts to pay coined dollars can only'be satisfied by the payment of coined dollars. They are not " debts" which may be satisfied by the tender of United States notes. It follows that the tender under consideration was not sufficient in law, and that the decree directing satisfaction of the mortgage was erro- neous. Some difficulty has been felt in regard to the judgments proper to be entered upon contracts for the payment of coin. The difficulty arises from the supposition that damages can b(^ assess- ed only in one description of money. But the act of 1792 provides that " the money of necount of the United States shall be expressed in dol- JUDICIAL DECISIONS, ETC. 447 lars, climes, cent?, and mills, and that all accounts in the public offices, and all proceedings in the courts of the United States, shall be kept and had in conformity to these regulations." This regulation is part of the first coinage act, and doubtless has reference to the coins provided for by it. Cut it is a general regulation, and re- lates to all accounts and all judunal proceedings. When, therefore, two descriptions of money are sanctioned by law, both expressed in dollars and both made current in payments, it is necessary, in order to avoid ambiguity and prevent a fail- ure ot justice, to regard this regulation as appli- cable alike lo both. When, therefore, contracts made payable in coin are sued upon, judgmenis may be entered for coined dollars and parts of dollars: and when oontracts have been made payable in dollars generally, without specifying in "what description of currency payment is to be made, judgments may be entered generally, without such specification. We have already adopted this rule as to judg- ments for duties by affirming a judgment of the circuit court for the district of California,* in favor of the United States, for $1,388 10, pay- able in gold and silver coin, and judgments ior express contracts between individuals for the payment of coin may be entered in like manner. it results that the decree of the court of appeals of New York must be reversed, and the cause remanded to that court for further proceedings. Mr. Justice Davis, concurring in the result, said : I assent to the result which a majority of the court have arrived at, that an express contract to pay coin of the United States, made before the act of February 25, 1862, commonly called the legal-tender act, is not within the clause of that act which makes treasury notes a legal tender in payment of debts; but I think it proper to guard against all possibility of misapprehen- sion, by stating that if tijere be any reasoning in the opinion of the majoiity which can be appli- cable to an}' other class of contracts, it does not receive my assent. Mr. Justice Swayne said : I concur in the conclusion announced by the Chief Justice. 'My opinion proceeds entirely upon the lan- guage of the contract and the construction of the statutes. The question of the constitutional power of Congress, in my judgment, does not arise in the case. Dissenting Opinion. Mr. Justice Miller, dissenting: I do not agree to the judgment of the court in this case, and shall, without apology, make a very brief statement of my reasons for believing that the judgment of the court of appeals of New York should be affirmed. The opinion just read correctly states that the contract in tliis case, made before the passage of the act or acts com- monly called the legal-tender acts, was an agree- ment to pay $1,400 "in gold and silver coin, lawful money of the United States." And I agree that it was the intention of both parties to this contract that it should be paid in coin. * Cheang-Kee vs. U. S., 3 Wall., 320. I go a step further than this, and agree that the legal effect of the contract, as the law stood whea it was made, was that it should be paid in coin, and could be paid in nothing else. This was the conjoint effect of the contract of the parties and the law under which that contract was made. But I do not agree that in this respect the contract under consideration differed, either ia intention of the parlies, or in its legal effect, from a contract to pay $1,400 without any further de- scription of the dollars to be paid. The only dollars which, by the laws then in force, or wbich ever had been in force since the adoption of the federal Constitution, could have been lawfully tendered in payment of any contract simply for dollars, were gold and sil ver. These were the "lawful money of the United States " mentioned in the contract, and the spe- cial reference to them gave no effect to that contract beyond what the law gave. The contract then did not differ, in its legal obligation, from any other contract payable in dollars. Much weight is attached in the opinion to the special intent of the parties in using the words gold and silver coin, but as I h^ive shown that the intent thus manifested is only what the law would have implied if those words had not been used, I cannot see their importance in dis- tinguishing this contract from others which omit these words Certainly every man who at that day received a note payable in dollars, expected and had a right to expect to be paid "in gold and silver coin, lawful money of the United States," if he chose to demand it. There was therefore no difference in the intention of the parties to such a contract, and an ordinary con- tract for the payment of money, so far as the right of the payee to exact coin is concerned. If I am asked why these words were used in this case I answer, that they were used out of abundant caution by some one not familiar with the want of power in the States to make legal- tender laws. It is very well known that under the system of State banks, which furnished al- most exclusively the currency in use for a great many yeaits prior to the issue of legal-tender notes by the United States, there was a differ- ence between the value of that currency and gold, even while the bank notes were promptly redeemed in gold. And it was doubtless to ex- clude any pos.sible assertion of the right to pay this contract in gucti bank notes that the words gold and silver coin were used, and not with any reference to a possible change in the laws of legal tender established by the United States, which liad never, during the sixty years that the Government had been administered under the present Constitution, declared anythitjg else to be a legal tender or lawful money but gold and silver coin. But if I correctly apprehend the scope of the opinion delivered by the chief justice, the effort to prove for this contract a special intent of pay- ment in gold is only for the purpose of bringing it within the principle there asserted, both by express words and by strong implication, that all contracts must be paid according to the in- tention of the parties making them. I think I am not mistaken in my recollection that ;t is 448 POLITICAL MANUAL. broadly stated that it is the business of courts of justice to enforce contracts as they are intended by the parties, and that the tender must be ac- cording to tlie intent of the contract. Now, if the argument used to show the intent of the parties to the contract is of any value in this connection, it is plain that such intent iiuist enter into, and form a controlling element in, the judgment of the court in construing the legal tender acts. I shall not here consume time by any attempt to show that the contract in this case is a debt, or that when Congress said tliat the notes it was about to issue should be received as a legal tender in payment for all private debts, it intended that which these words appropriately convev. To assume that Congress diil not in- tend (jy that act to authorize a payment by a medium diilering from tliat which tlie ]iarties in- tended by the contract is in contradiction to the express language of the statute, to the sense in which it was acted on by the people who paid and received those notes in discharge of con- tracts for incalculable millions of dollars, where gold dollars alone had been in contemplation of the parties, and to the decisions of the highest courts of fifteen States in the Union, being all that have passed upon the subject. As I have no doubt that it was intended by those acts to make tlie notes of the United States to which they applied a legal tender for all private debts then due, or which might become due on contracts then in existence, without re- gard to the intent of the parties ou that point, I must dissent from the judgment of the court, and from the opinion on which it is founded. The Status of the State of Texas. No. G (original.)— Decemeer Term, 18G8. The State of Texas, complainant, vs. George W. White, John Chiles, John A. Har- denljerg, Samuel Wolf, George W. Stew- art, The Branch of the Commercial Bank of Kentucky, We.stern F. Birch, Byron Mur- ray, jr., and' Shaw. Mr. Chief Justice Chase delivered the opinion of the court. This is an original suit in this court, in which the State of Texas, claiming certain bonds of the United States as her property, asks an injunction to restrain the defendants from receiving pay- ment from the national Government, and to com- pel the surrender of the bonds to the State. It apfiears from the bill, answers, and proofs, that the United States, by act of September 9, 1850, offered to the Stale of Texas, in compensa- tion for her claims connected with the settlement of her boundary, $10,000,000 in five-per-cent. bonds, each for the sum of $1,000, and that this offer was accepted by Texas. One-half of tliese bond.i were retained for cer- tain purposes in the national treasury, and the other half were delivered to the State. The bonds thus delivered were dated January 1, 1851, and were all made payable to the State of Texas, or bearer, and redeemable after the Slet day of December, 18G4. They were received, in behalf of the State, by the comptroller of public accounts, under author- Bill in equity. ity of an act of the legislature, whicli, 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 State. After the breaking out of the rebellion, the insurgent legislature of Texas, on the 11th oi January, 1SG2, repealed the act requiring the endorsement of the governor,* and on the same day provided ibr the organization of a military board, composed of the governor, comptroller, and treasurer, and authorized a majority of tliac board to provide for tlie defence of the State by means of any bonds in the treasury, upon any account, to the extent of $1,000,000.1 The defence contemplated by the act was to be made against the United States by war. Under this authority the military board en- 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 State, and seventy-six more, then deposited with Droege & Co., in England, in payment for which they en- gaged to deliver to the board a large quantity of cotton cards nnd medicines. This agreement was made on the Jl!th 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. Atterward, iu the course of the years 1865 and 1866, some of the same bonds came into the pos- session of others Oi the defendants by purchase, or as security for advances of money. Such is a brief outline of the case. It will be necessary hereafter to rel'er more in detail to some particular circumstances of it. Tlie first inquiries to which our attention was directed by counsel arose upon the allegations of the answer of Chiles, (1,) that no sufiicient au- thority is shown for the prosecution of the suit in the name and on the behalf of the Slate of Texas ; and, (2.) that the State having severed her rela- tions with a majority of the Stales of the Union, and having by her ordinance of secession at- tempted to throw off her allegiance to the Con- stitution and Government of the United States, has so far changed her status as to be disabled from prosecuting suits in the national courts. Tiie first of these allegations is disproved by the evidence. A letter of authority, tlie 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 ihet^e bonds, expres.'^ly ratifies and confirms the action of the solicitors who filed the bill, and empowers them to prosecute this suit; aud it is further proved by the affidavit of Mr. Paschal, counsel tor 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 renewed by E. M. Pease, the actual governor. If Texas was a State of the Union at the time of these acts, and these persons, or either of them, were competent to represent the State, this proof * Acts of Texas, 1862, p. 45. f Texas Laws, p. 55. JUDICIAL DECISIONS, ETC. 440 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 thisjurisdiction must be States of the Union. But it is equally clear that no such jurisdiction has been conferred upon tliis 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 uow, one of the United States, we have no juris- diction of this suit, and it is our duty todismiss 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 60 disposing of it as to satisfy the conflicting judgments of men equally enlight- ened, equally upright, and equally patriotic. But we meet 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 not unimportant aid, however, in ascer- taining the true sense of the Conslituiion, 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 of individuals united more or less closely in polit- ical relations, inliabiting temporarily 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- f)lied to the government under which the people ive ; at other times it represents the combined idea of people, territory, and government. It is not difficult to see that in all these senses the primary conception is that of a people or community. The people, in whatever territory dwelling, either 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 under a government sanctioned and limited by a written constitution, and established by the consent of the governed. It is the union of such States under a common constitution which forms the distinct and greater political unit which that Constitution designates as the United States, and makes 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 makin;:; 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 the State where committed. And there are instances in which the principal sense of the word seems to 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 a State and the government of a State. Having thus ascertained the senses in which the word State 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 renounced, and her obligations thrown ofif 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 conventionf 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. *Mr. Justice Paterson, in Penhallow vs. Doane's * Paschal's Digest Laws of Texas, 78. fPaBchal's Admrs. 3 Dall., 93. Digest, 80. X Laws of Texas, 1859-61, p. 11. 29 450 POLITICAL MAIfUAL. Without awaiting, however, the decision thus invoked, the convention, on the 4th of Febru- ary, adopted a resolution, designating seven del- egates to represent the State in the convention 01 seceding States at Montgomery, " in order," as the resolution declared, " that the wishes and interests of the people of Texas may be con- sulted in reference to the constitution and pro- visional government that may be established by said convention." Before tlie passage of this resolution the con- vention had appointed a committee of public safety, and adopted an ordinance giving au- thority to that committee to take measures for obtaining possession of the property of the United Slates in Texas, and for removing the national troops from lier limits. The members of the committee, and all officers and agents ap- pointed or employed by it, were sworn to secrecy and to allegiance to the Slate.* Commissioners were at once appointed, with instructions to re- pair to the headquarters of General Twiggs, then representing the United States in command 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 by which the United States troops were engaged to leave the State, and the forts and all the public property, not necessary to the removal of the troops, were surrendered to the commis- sioners. f 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 adjourned before the vote was taken, reassembled on the 2d of March, and instructed the delegates already sent to the congress of the seceding States to apply for admission into the confederation, and to give the adhesion of Texas to its provisional constitu- tion. It proceeded, also, to make the changes in the State constitution which this adhesion made necessary. The words "United States" were stricken out wherever they occurred, and the words "Confederate States" substituted: and the members of the legislature, and all officers of the State, were required by the new constitu- tion to take an oath of fidelity to the constitution and laws of the new confederacy. Before, indeed, these changes in the constitu- tion had been 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 ISlh of March, were more compliant. They took the oath, and firoceeded, on the 8th of April, to provide by aw for the choice of electors of president and vice president of the Confederate States. •Paschal'.s Digest, 80. f Texan Reports of the Com- mitteo, (Lib. of Con.,) p. 45. The representatives of the State in the Con- gress of the United States were withdrawn, and, as soon as the seceded States became organized under a constitution, Texas sent senators and representatives to the confederate congress. In all respects, so far as the object could btj accomplished by ordinances of the convention, by acts 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 by arms, 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 under the immediate protection of the national military forces. 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 purely artificial and arbitrary relation. It began among the colonies, and grew out of common origin, mutual sympathies, kindred principles, similar interests, and geographical relations. It was confirmed 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 solemnl}^ 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 unit}' 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- govprnment, by the States. Under the Articles of Confederation each State retained its sov- ereigntj', freedom, and independence, and every power, jurisdiction, and right, not expressly delegated to the United States. Under the Con- stitution, though the powers of the States were much restricted, still all powers not delegated to the United States, nor prohibited to the States, 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 State, having its own govern- ment, and endowed witli all the functions essen- tial to separate and independent existence;" and that "without the States in union there could bo 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. JUDICIAL DECISIONS, ETC. 451 the States, through their union under the Con- stitution, but it may be not unreasonably said thai the preservation of tlie States and the maintenance of their governments are as much within the design and care of the Constitution as the preservation of the Union and the main- tenance of the national Government. The Con- stitution, in all its provisions, looks to an inde- structible Union, composed of indestructible States. When, therefore, Texas became 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 admission into the Union was something more than a compact — it was the incorporation of a new member into ihe 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 lier legislature intended to give effect to that ordinance, were absolutely null. They were utterly 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 Fuppression of rebellion, and must have become a war for conquest and subjugation. 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 act or declaration of any department of the national Government, 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. And it 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, sitbject to the Constitution of the United States, are binding upon all citizens, whether faithful or unfaithful to them; but the relations which fubsist 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 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 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 Government and the citizens of the State refus- ing to recognize their constitutional obligations assumed the character of enemies and incurred the consequences of rebellion. These new relations imposed new duties upoa the United States. The first was that of sup- pressing the rebellion. The next was that of re-establishing the broken 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 no government in the State except that which had been organized for the purpose of waging war against the United States. That government immediately disappeared. The chief function- aries left the State. Many of the subordinate officials 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 like tendency, must be complete enfranchisement. 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* by President Lincoln, in December, 1863, and by President Johnson, in May, 1865.-|- And eman- cipation was confirmed, rather than ordained, in the insurgent States, by the amendment to the Constitution prohibiting slavery throughout the * 13 U. S. Stat., 737. 1 13 U. S. Stat. , 758 452 POLITICAL MANUAL. Uuion, wliicli was proposed by Congress in Feb- ruary, 1SG5, and ratified before the close of the following autuiTin by the requisite three-fourths of the States.* The new freemen necessarily became part of the people, and the people still constituted the State; for States, like individuals, retain their identity, though changed to some extent in their constituent elements. And it was the Stale, 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, wilhjut a new election of officers, was obviously impossible; and before any such election could be properly held, it was necessary that the old constitution should receive such amendments as would conform its provisions to the new conditions created by emancipation, and afford adequate security 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-establishment 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 consti- tution amended, elections held, and a State gov- ernment acknowledging its obligations to the Union established. Whether the 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 suppo.«ed doubtless to be derived from his constitutional functions as commander-in-chief; 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., 771-5. of guaranty is primarily a legislative power an. I resides in Congress. " Under the Iburth i;.ri,ic".o of the Constitution, it rests with Congres? to de- cide what government is the establishad one in a State. For, as the United Stales gui'.anty to each State a republican government, Congress must necessarily decide what governrjent is es- tablished in the State before it cji\ determine whether it is republican or not." This is the language of the late Chief Justice, speaking for this court, in a case from Rhode Island,* arising from the organization of opposing governments in that State. And wo 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 December, 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 particular 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,t the first of the series, these governments were, indeed, pro- nounced ill^i^al, 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, in ♦Luther vs. Borden, 7 How., 42. f U. S. Stat., 428. JUDICIAL DECISIONS, ETC. 453 point 01 lact, the governments thus recognized, in some important respects, still exist. What lias 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 constitution 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 tiie prosecution of the suit, and we find no ditSculty, 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 tlie State. The necessary conclusion is that the suit was instituted and is prosecuted by competent authorit}'. 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 AVhite 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- lic 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 restrictions 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 hostility 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- tainlv, 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 de facto government, and its acts, during the period of its existence as such, would be effectual, and 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 contract of the military board 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 defiuition 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 aid." And it was insisted in argument on behalf of some of the defendants that the contract with White 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 Slates, 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, therefore, to this repeal- ing act. It i'oUows that the title of the Slate was not rlivested by the act of the insurgent government iu entering into tliis contract. But It was insisted i'uillier, in behalf of tho?e delendants who claim certain of lliese bond.-^ by- purchase, or as collateral security, tiiat however unlawful may have been tlie means by which Wliiie and Chiles obtained ])Os.eopIe 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 tlie provisions and pre- sumptions, qualifications, disqualifications, and distinctions of the old organization. The black people participated in its election and in its composition on equal 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 as 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 tlie political society, and 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, when the convention met in December, 1867, the ancient constitution iif the State or any of its legal or political disabilities or dis- qualifying distinctions upon per.«ons of color, were of force, then the convention itself was il- legal, the present state government is illegal, this court is illegal ? Ilis lionor 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, 1855, a gigantic illegality. I am aware that a very large class of our most intelligent people so at this moment lion- 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 government, forming an essential part of its machinery, these views must be of overwhelming force. If he assumes the power to decide at all, he must, it seems to me, base his judgment upon prin-ciples 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 legal acumen of my associates. Honest men see things in different 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 place, 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 jurisdiction 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 applicant 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 liad then been of tlie opinion that the per- son was a mulatto, is not evidence. If tlie 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 bis veins, is matter of opinion, and a witness may give his opinion, if he states the facts upon which it is based. But whether tho JUDICIAL DECISIONS, ETC. 4G9 fact that he lias one eighth or more of such blood be matter of oianion or not, query? 5. One who testities that he has studied the science of etlinolo''y may give his opinion as an exfiert on the question of race. Its weight is for ilie jury. Pedigree, relaiionship, and race may be proven by evidence of reputation among those who know the person whose ped'gree or race is in question. The wliole court agree upon those proposi- tions. The majority of the court agree upon this proposition: Where a quo warranto wa,s issued charging that a person holding an office was in- eligible when chosen because of his having in his veins one-eighth or more of African blood, and lliere 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 8tate, 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 ofBce 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 office, my opinion is that eligibility is guaran- teed by the constitution -^f the State; and I an- nounce these propositions as the general princi- ples upon which my opinion is baoed : 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 efl'ect of that instrument is not to give, but to restrain, den}r, 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 excejition, 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 o.' Trwin's lievised Code, it is expressly declared, that among the rights of citizens is the right to hold office, and that all citizens are entitled to exercise all their riglits 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 ado[ited. 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 the United States, and resident in this State, is by that section of the constitution guaranteed eligibility to office, ex- cept when otfierw'se prohibited. 7th. Nor would thj repeal of tho.se 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 guarant}' 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 princi[)al is oi less dignity or rights than the agent. 9th. There being in the constitution of 1868 various special disqualifications of electors for particular offices, 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 that the ex- pression, &c., of one thing is the exclusion of others, persons of color electors are not disqual- ified from holding office. lOth. 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 recognizecj them as citizens, the right to vote and to hold office, except as other- wise provided by the constitution, was, ex vi termini, also guaranteed to tl>em. 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 riglit 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 [larty to choose. 12th. The people of a State, in their collective capacity, have every right a political society 470 POLITICAL MANUAL. can have, except such as thej^ have conferred upo;i the United States, or on some department of the State government, or ha'^e expressly de- nied to themselves by their constitution ; and as tlie 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 whomsoevei> 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 read from his writ- ten opinion, as follows: The view which I take of the rights of the parties litigant in this case, under the Code of Ge.irgia, renders it unnecessary for me to enter into an investigation of the question, whether the XlVth amendment of the Constitutir n of the Uni ■'•A States, or the second section of the first article of the constitution of Georgia, which in substance is i'lentical with the XlVlh amend- ment, confers upon colored 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 sufiicient for all the purposes of the case at bar, and entitles him to a reversal of the judgment of the court below, which was adverse to his right. The third paragraph of the 9th article of the constitution of this State adopts, in subordina- tion to the Constitution of the United States and the laws and treaties made in pursuance thereof, and in subordination to the said consti- tution of this State, 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 herein recognized." The Code, section 1646, classifies natural per- sons into four classes: 1st, 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 v/ith the intention of remaining herein; all wAiie persons naturalized 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 rigiit 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 tinie 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. In other words, none are citizens under the "printed book known as Irwin's Code" but white persons. Having specified the class of persons who are citizens, the Code proceeds, in section 1648, to roper regulations. And the regulation now under con- sideration is equally so. But it has been urged by the learned counsel for the plaintiff in error, that tiie section of the Code under consideration is in conflict with the eleventh sectio < of the first article of the con- stitution of lliis Slate, which declares that " the social status of the citizen shall never be the subject of legislation." In so far as the marriage relation is connected with the social status, the very reverse is true That section of the constitution forever pro- hibits legislation of any character regulating or interfering with the social status. It leaves social rights and status wnere it finds them. It prohibits the legislature from repealing any laws in existence which protect persons in the free regulation among themselves of matters properly termed social, and it also prohibits the enactment of any new laws on that subject in future. As illustrations, the laws in force when the constitution was adopted left the churches in this State free to regulate matters connected with social status in their congregations as they thought proper. They could say who should enter their church edifices and occupy seats, and in what order they should be classi- fied or seated. They could say that females should sit in one part of the church and males in another; and that persons of color should, if they attended, occupy such seats as were set apart for them. In all this they were protected by the common law of this State. The new con- stitution forever guarantees this protection, by denying to the legislature the power to pass any law withdrawing it or regulating the social status in such assemblages. And I may here remark, that precisely the same protection is guaranteed to the colored churches, in the regulation of social status in their assemblages, which is afforded the whites. Neither can ever intrude upon the other, or interfere with social arrangements without their consent. The same is true of railroad and steamboat companies and hotel keepers. By the law in existence at the time the constitution was adopted, they were obliged to furnish comforta- ble and convenient accommodations, to the extent of their capacity to accommodate, to all who applied, without regard to race or color. But they were not compelled to put persons of different races or of different sexes in the same cars or in the same apartments, or seat them at the same table. This was left to their own dis- cration. They had power to regulate it accord- ing to their own notions of prop.iety, and to classify their guests or passengers according to race or sex; and to place them at hotels in dif- ferent houses or different parts of the same house; or on railroads, in different cars; or on steam- boats, in different parts of the vessel; and to give them their meals at different tables. When they had made public these regulations, all per- sons patronizing them were bound to conform to them, and those who did not like their regula- tions must seek accommodations elsewhere. There was no law to compel them to group to- gether, in social connection, persons who did not recognize each otlier as social equals. To avoid collisions and strife, and to preserve peace, harmony, and good order in society, the new constitution has wisely prohibited the legis- lature from enacting laws compelling tiiese com- panies to make new social arrangements among their patrons, or to disturb those in existence. The law shall stand as it is, says the constitu- tion, leaving each to regulate such matters as they think best, and there shall be no legislativo JUDICIAL DECISIONS, ETC. 475 interference. All shall be comfortably accom- modated, but you shall not be compelled by law to force social equality, either upon your trains, your boats, or ia your hotels. The same remarks apply to the regulation of social status among families, and to the social intercourse of society generally. This, in my ojiinion, is one of the wisest pro- visions in tlie constitution, as it excludes from fclie halls of the legislature a question which was likely to produce more unprofitable agitation, wrangling, and contention than any other subject within tlie whole range of their autliority. Government has full power to regulate civil and political rights, and to give to each citizen of the State, as our Code has done, equal civil and equal political rights, as well as equal pro- tection of the laws. But government has no power to regulate social status. Before the laws the Code of Georgia makes all citizens equal, without regard to race or color ; but it does not create, nor does any law of the State attempt to enforce, moral or social equality between the dif- ferent races or citizens of the State. Such equal- ity does not in fact exist and never can. The God of nature made it otherwise, and no human law can produce it, and no human tribunal can enforce it. There are gradations and classes throughout the universe. From the tallest arch- angel m heaven down to the meanest reptile on earth moral and social inequalities exist, and must continue to exist throughout all eternity. While the great mass of the conquering people of the States which adhered to the Union dur- ing the late civil strife have claimed the right to dictate the terms of settlement, and have maintained in power tliose who demand that the people of the States lately in rebellion shall ac- cord to the colored race equality of civil rights, including the ballot, with tlie same protection under the law which is offered the white race, they have neither required of us the practice of miscegenation, nor have they claimed for the colored race social equality with the white 'race. The fortunes of war liave compelled us to yield to the freedinen the legal rights above ojen- tioned, but we have neither authorized nor legal- ized the marriage relation between the races, nor have we enacted laws or placed it in the power of the legislature hereafter to m?.ke 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 and reflecting portion of either race. It could never promote peace, quiet, or social order in any State or community. No such laws are of force in any of the northern States, so far as I know, and it is supposed no considerable part of the peojde of any State de- sires to see them enacted. Indeed, the most abso- lute and despotic governments do not attempt to regulate social status by fixed laws, or to enforce social equality among races or classes without their consent. As already stated, we are of the opinion that the section of the Code which forbids intermar- riages between the races is neither inconsistent with, nor is it repealed by, the section of the con- stitution now under consideration. It therefore stands upon the statute-book of the State forever prohibiting all such marriages, and declaring them to be 7iuU and void. Let the judgment of the court below be affirmed. Opinion of Attorney General Hoar as to the Ju- risdiction of Military Commissions in Texas. Attoeney General's Office, May 31,1869. Hon. John A. Rawlins, Secretary of War. Sir: Your 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 Weaver, a citizen of Texas, who was tried before a military commission appointed by the commanding gen- eral of the fifth military district, under autliority of section 3 of the act 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 President, as required by section 4 of said act, and returned by him to your department upon the 1st day of February last, without any action upon the same, was re- ceived on the 26th March last. The grave importance of the questions in- volved required such careful and deliberate con- sideration, that, under the pressure of other official duties, I have not been able, until this time, to give it suflicient attention. Having now carefully 6»xamined it, I proceed to state the conclusions to which I have arrived from the pa- pers accompanying your letter. It appears that James Weaver, a citizen of Bastrop county, in Texas, was indicted for murder in that county. By request of J. J. Thornton, district judge of the second district in Texas, made to General P^eynolds, 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 organ- ized at Austin, Texas, before which, on the I7th of September, 1868, and days following, Weaver was arraigned and tried. He was defended by counsel and found guilty, and sentenced to be hanged, and the question on v/hich you wish my opinion seems to be this: Whetiier the general commanding the fifth military district had au- thority to take a man from a civil power and try him by military law, or, in other words, whether a military commission in Texas, in September, 1868, had Jurisdiction over a citizen, not in the naval or military service, charged with the mur- der of another citizen, and under indictment and arrest therefor. From the letter of Judge Thorn- ton to General Reynolds, above referred to, which is made a part of the record in this case, it ap- pears Weaver was under indictment in tlie dis- trict court for the second judicial district of Texas for murder, and that the civil courts were so badly situated and managed that if left with them no trial could probably be had. Excep- tions to the jurisdiction of the commission were filed by Weaver, who objected, firstly, that he was entitled to a trial by jury; secondly, that the Constitution of the United States provides that no person shall be twice put in jeopardy of life or limb for the same offence, that the offence 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 in bar in the district court in Bas- tro[> county; thirdly, that before the date of the order convening tlie commission he was under indictment in civil courts and was under arrest to await trial therein, and that the said indict- ment for the same 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 lie, 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, 1867, entitled "An act to provide for the moreefficientgovornmentof the rebel States," declares in its prea.^ble that no legal State gov- ernments or adequate ptrotection for life or prop- ert}' 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 until loyal and republican State governments could be legally established: it is therefore enacted, that said rebel States should be made into mili- tary districts, and made subject to the military authority of the United States, as thereinafter prescrioed; 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 4th 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. " Sec. 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 he inflicted; and no sentence of any military commission or tribunal hereby authorized, affect- ing the life or liberty of an)' 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, Tiiat no sentence of death under the provisions of tliis act shall be carried into effect without the approval of the President." The act also provided that its provisions should become inoperative when the Slates had adopted constitutions approved by Congress and senators and representatives were admitted therefrom; and that until the people of said States sliould be by law admitted to representation in Congress, any civil governments which may exist therein shall be deemed provisional only, and in all re- spects subject to the paramount auiliorily of the United Slates at any lime 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 become 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 comnjiinding 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, therelbie, 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 it? sentence. It is obvious, in the first [ilace, that, under the Constitution, the United States Con- gress has no riglit 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 restored. 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 Government. But the Consti- tution is a frame of government, and clearly 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. Wiien war was waged upon the United States b)' States of the Union as organized communities. Con- gress could and must recognize tlie existence of that war, and apply itself, by the means be- longing to war, to the vindication of the na- tional authority, tlie preservation of the national territory, and the restoration of a republican government, under tlie national Constitution, in each of the rebellious States. As was said by the Supreme Court in the Prize Cases, (2 P)hick, 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 riglita. 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. perty 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 off their allegiance and made war on their Government, and are none the less ene- mies because they are traitors. Where all law- fitl 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- cumstances 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- gestec^ that the right to govern by military power depends 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 theGovernment 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 Slate by military power has terminated. To the first question there can be but one answer, la language of Chief Justice Chase, in Texas vs. White et al., decided at the present term of the Supreme Court, no one has 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 re-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 Govern- ment to which the power to declare war 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, which 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 statute, 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 epd 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 destroj^ed 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 waa 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-band, 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 throBgh 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 POLITICAL MANUAL. commission has been approved by the military commander, and has been certified to be regular and proper by the Judge Advocate General. I ind no reason in law tor the President's with- holding his approval. The papers wliicli v.o sent me are returned herewith. Very respectfully, your obedient servant, E. R. HoAB, Attorney General. XLVl. STATE PLATFORMS OF 1869.* CALIFORNIA, IOWA, MISSISSIPPI, OHIO, PENNSYLVANLl, VERMONT, VIRGINIA, WASHINGTON TERRITORY. CALIFORNIA. Republican, July 22, 1869. Resolved, That the Republican party of Cali- »ornia gives its earnest support to the admin- istration of President Grant, and do hereby endorse the acts and policy of his administra- tion. We recognize the earnest effort of the Government 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. Tliat the negro question has ceased to be an element in American politics, and that the ratification of the XVth amendment to the Con- stitution 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, libf^rty, 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 reproach upon the intelligence of the American people, and contrary to the spirit of the age. 5. That the Republican party having ever had in its especial keeping the rights of labor and of the laborer, and removed therefrom the blighting curse of slavery, and inaugurated a new era, in which the wages of labor have greatly advanced, while the hours therefor have been correspondingly diminished, claim to have originated in this State and steadily supported what is known as the "eight-hour law," the sound policy of which has been proclaimed by a Republican 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 Senat-e 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 British 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 an equal share of the burdens of taxation, and to that end favor the organization of a State board of equalization or review, that the inequalities 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- ment, and to maintain the financial credit of the Slate. 9. That we hail with joy the return of peace, and the promising signs of an increasing de- velopment of the country and the permanent prosperity of the whole people. We earnestly invite the cooperation 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. Such only are given as are of most significance and recent date. STATE PLATFORMS. 47D Democratic, June 29, 1869. Whereas upon the eve of a political canvass the time-honored usages of our party require that a platform of principles be announced for the government of those who may be elected to political ofHce ; and whereas new questions liave arisen since the meeting of the last Democratic convention, making such action eminently prop- er: therefore, Resolved, ThattheDemocracy of California now and always confide in the intelligence, patriot- ism, and discriminating justice of the white peo- ple of the countr}' to administer and control their Government, without the aid of eitlier negroes or Chinese. 2. That the Democratic party view with alarm the action of an unscrupulous majority in Con- gress in their attempts to absorb the powers of the executive and judicial departments of the federal Government, and to annihilate the rights andfunc- tions reserved to the State Governments. 3. That the subjection of the white population of the southern States to the rule of a mass of ig- norant negroes, their disfranchisement, and the denial to them of all tliose sacred rights guaran- teed 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 Democratic party is opposed to the policy of lending the credit of the State and squandering tiie State property upon railway or other corporations, to the detriment of the public interests, and the overwhelming increase of the State debt and taxation. 5. That the Democratic party ever has been, is now, and ever will be, the champion of the rights of the mechanic and workingman ; that all the reforms having for their object the reduc- tion of the hours of his labor, the enlargement of his privileges, and the protection of his per- sonal liberty, have ever been demanded, enacted, and enforced by the Democracy ; that we point with pride to the fact that in California it was the Democratic element in the legislature that passed and a Democratic governor tiiat apyiroved 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 efiect, 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 same to be designed, and if adopted, certain to degrade the right of suf- frage , to ruin the laboring wliite 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 aristocratic class of oligarchs in our midst, created and maintained by Chinese votes; to give the negro and Chinaman the right to vote and hold oiSce; and that its passage would be inimical to the best interests of our country, in direct opposition to the teachingsof Washington, Adams, Jefferson, andtlieother 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 the 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 population should not be brought into competion with the labor of a class of inferior people, whose living costs comparatively nothing, 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 dtsfranchisement ; for its contempt of constitu- tional obligations; for placing the city of W\ash- 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 of the manner in which the Democracy have ad- ministered the State government, and point with pride to the acts to protect the wages of labor, to lessen public and ofScial expenses, and to the fact that, during the present 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 sustain 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 the State of California who are opposed to the radical measures of Con- gress, including the proposed XVih amend- ment to the Constitution of the United States, and who are opposed to the appointment of negroes to office, be invited to unite with the Democracy in the coming contest. 12. That the Western Union 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 party in this State, been guilty of a great public wrong, 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 manly and statesmanlike course in the United States Senate, deserves the confidence of the people of the State of California. IOWA. Republican, June 10, 1869. Resolved, That we cordially endorse the ad- ministration of Governor Merril as wise, eco- nomical, and honest, and that it deserves, as i! has received, the hearty approval of the people of Iowa. 480 POLPflCAo. MANUAL. 2. That we insist upon a coiiiinuance of strict and close economy in all uepartments of our State government, in order to the mainlc-nance oftheliaj'i y and untxceptonal financial condition to wtich our State has attained under Republican rule. 3. That the moans now in the State treasury, and wiiich may become available, ought to be u?ed for the purpose of defraying the necessary expenditures 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 [irosperity to our nation, and we heartily endorse the administration of General Grant. 5. That the Republican party of Iowa, being among the first since the rebellion to incorporate in a Stale constitution the great principle of im- partial suffrage, cordially accepts the opportunity presented by adopting the XVth amendment to the Constitution of the United States of making the [irinciple national. 6. That the ymblic 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 money tliat 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 p.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 Bmall 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 shall promote commerce with every nation of the world. 4. That the pretended trial, conviction, and execution of persons not belonging to the mili- tary of 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 yiroperty 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 oJ 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 Stale of Iowa ought to be repealed at the earliest possible moment. The following resolutions were offered and rejected: Besolved, 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 Constitution. MISSISSIPPI. Republican, July 2, 1869. The Republicans of Mississippi, iu convention assembled, in a sjiirit of amity and peace toward their opponents, and of justice to themselves, make the following declaration of juinciples 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 of the suffrage. STATE PLATFORMS. 481 5. A system of free schools which shall place the means of liberal education within the reach of every child in the State. 6. Reformation of the iniquitous and unequal taxation and assessments which, discriminating against labor and laborers, have borne so un- justly and unequally upon the people. 7. That all men, without regard to race, color, or previous condition, are equal before the law; and that to be a freeman is to possess all the civil and political rights of a citizen, are not only en- during truths, but the settled and permanent doctrines of the Republican party. 8. This convention recognizes but two great national parties; tiiat under the administration of the one, the material and industrial resources of the country will languish, whilst under the liberal and fostering care of the national Republi- can party, commerce, manufactures, and internal improvements by the General Government will surely make the people of Mississippi what nature, soil, and climate intend they should be — 'rich, prosperous, and contented. 9. Recognizing 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 the removal of the disqualifi- cations and restrictions imposed upon the late rebels in the same measure as the spirit of dis- loyalty may die out, and as may be consistent with the safety of the loyal people ;" and we shall hail with unfeigned delight the day when the spirit of toleration now dawning upon our State shall be so firmly established as to warrant Congress and the nation in declaring disabilities and restrictions forever at an end — when there shall be no citizen of Mississippi clamoring for his rights. 10. Thatthe present modified condition of pub- lic sentiment in this State 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 the new constitution, so far modified in the franchise and general provisions thereof as to conform to the Constitution of the United States and the recon- struction laws; and that, as soon as Mississippi shall be fully reconstructed, according to the true intent of the laws, all disabilities imposed upon the late rebels should be entirely removed. 11. That we favor the prompt ratification by this State of article XV as an amendment to the Constitution of the United States at the earliest practicable opportunity. 12. We declare for universal amnesty and uni- versal suffrage, the enlightened spirit of the age demanding that the fossil remains of proscription must be numbered with the things of the past. 13. The languishing condition of our State, notwithstanding her genial climate and produc- tive soil, capable of sustaining and inviting a population of 15,000,000, reminds us not only of the necessity of reconstruction on a proper basis, but of the need of immigration. Schemes designed for class immigration, such as laborers only, or favoring one section, or country, or peo- ple, or portions of people, over another, on ac- count of political or any other causes, will meet 31 with no success ; plans to increase our popula- tion must embrace all countries, climes, people, professions, politics, and religious beliefs; any plan stopping short of this, or hesitating to give a practical, earnest, cordial welcome to settlers, without regard to race, color, locality, politics, or religion, will meet with merited failure, be- cause indicating the existence of bigotry and intolerance. 14. We recognize in General Grant the chosen leader of our party and cause, as well as the rep- resentative man of the age. As Washington was in his time, so is Grant now "first in war, first in peace, and first in the hearts of his country- men." Through his election, peace, toleration, and prosperity at last dawn upon Mississippi, and ere long throughout these States the old flag and the ancient principles he and it represent, will be respected, adopted, and adored. The magic words, "Let us have peace," possess a power, and have a mission, which will embrace the whole world, and will cease only with time. 15. We endorse and adopt his language, " that 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," and, in his own words, we "favor such constitution and laws as will efifectually secure the civil and political rights of all persons," a consummation we devoutly desire at the earliest practicable moment, with safety and justice to all. 16. We confide in and will support Major Gen- eral Adelbert Ames, military commander and governor of this State. We look to him as the representative of the President and of Congress, and regard him as able and firm in peace as in war; his quiet yet decided administration com- mands our confidence and admiration. For his order relieving the poor of a heavy burden and unequal taxes, and for the order abolishing dis- tinction of color for the jury, and for the marked ability and independence displayed by him, the loyal people owe him a debt of gratitude which they can never repay, save by a life of like devo- tion to the principles he represents. 17. We look to Congress as the assembled wisdom and expressed will of the nation. At whatever cost of obloquy or life, we shall in the future, as in the past, yield our unwavering fidelity to the laws and policy of the national legislature. A united nation and the principles of liberty owe their existence to-day to the firm- ness, patriotism, and wisdom of a Republican Congress. Conservative Republican, June 23. Resolved, That this convention now proceed to organize the National Union Republican party of the State of Mississippi. 2. That we express our unfaltering devotion to the great principles of the National Union Republican party, and that we look forward with hope and confidence to the early restora- tion of our State government in accordance with the reconstruction laws of the Congress of the United States. 3. That the repeated failures of all former and existing organizations to restore the State and to meet the requirements of the republican spirit 1 482 POLITICAL MANUAL. of our institutions, by insisting upon measures of proscription far exceeding the provisions of the Constitution of tlie United States and tlie reconstruction acts of Congress, have rendered them unworthy of the respect and confidence of the voters of Mississippi. 4. That, in the language of President Grant, "the question of suffrage is one vyhicli is likely to agitate the public so long as a portion of the citizens of the nation are excluded from i*8 privi- leges in any State;" and therefore we sincerely favor the addition of the proposed XVth amend- ment to the Constitution of the United States. 5. That we deprecate any attempt to impose upon the people of tliis State any greater aisa- bilities than the Constitution and laws of the United States already recognize, and that we believe it to be the duty of ail good citizens to use 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 con- stitution upon the people of this State, and affirm our unwavering support of the adminis- tration of General Grant. 7. That we announce ourselves unqualifiedly m favor of universal 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 Republican party of Missis- sippi. 9. That the State executive committee be au- thorized and instructed to issue a call for a State convention, composed of delegates representing the different counties of the State, to meet at Buch time and place as they may deem expedient, for the purpose of nominating a State and con- gressional ticket. OHIO. Bepublican, June 23. 1869. Resolved, That as citizens of the nation, rep- resenting the republican sentiment of an honored commonwealth, we regard with sincere satisfac- tion the tidelitj evinced hy General Grant to the Kepublican party, and his policy, both foreign and domestic, and of his national administration, and pledge our cordial support to tlie measures inaugurated to insure conciliation, economy, and justice at home, and command consideration and respect abroad. 2. That we hail with the profoundest satisfac- tion the patriotic and con.stitutional 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 tlie will of the people; a senti- ment which assures the country of an executive administration founded^ 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 the people their rightful control of the Govern- ment. 3. That the abolishment of slavery was a natural and necessary consequence of the war of tl^ 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 tlie assessment and equalization of taxation prepared by the commission appointed by the preceding general assembly ; its hostility to our benevolent and literary institutions ; its lailure 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 of 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 shown the Democratic party unworthy of the trust, confidence, and support of an honest and patriotic people. 5. 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, but as a recognition of the patriotic services of their fathers in the late war, and for the purpose of redeeming the [dedges made by all loyal people to protect the families of those who fought and fell in the cause of human liberty and right. Democratic, July 7, 1869. Resolved, That exeni[)tion 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 tliey are made subject to taxation. 2 That the claim of the bondholders, that the bonds which were bouglit with greenbacics, 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. Tiiat we denounce the high protective tarifT 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, cotfee, and the necessaries of life, unendura- ble 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 manufacturing workshops, the hours dictated by the physical and mental well-being of the laborer; tha't they favor the most liberal laws in regard to household and homestead ex- emption from sale and execution ; that they are also in favor of liberal grants of land from the public domain to actual settlers, without any cost, 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 Governor Hayes and Lee upon the doings of the 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 anew blind asylum, to make 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 f)rovided for without an increase of the State evy; and the appropriations in the aggregate are much less than those of the preceding Repub- lican legislature, without abstracting $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 State 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 within it; that the attempt to regulate suf- frage in Ohio by means of the so-called XV tb constitutional amendment is subversive of the federal Constitution. 9. That the policy and legislation of the Radical party directly 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 out-growths 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 jjaval 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 American 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 palpable and high- handed usurpations of the party 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 despotism, and unworthy the confidence and support of a free people. 13. That we extend the right hand of fellow- ship, and recognize as brethren in a common cause, all conservative men, not heretofore Dem- ocrats, who will unite with us in rescuing the Government from the unworthy hands into which it has fallen; and we pledge the united and cordial support of the two hundred and fifty thousand Democrats in Ohio, whom we represent, to the ticket nominated by this con- vention, and presented by us to the sufi'rages of the people of Ohio. PENNSYLVANIA. Bepublican, June 23, 1869. Resolved, 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 XV th amendment. 3. That we have confidence that the general administration will wisely and firmly protect the interests and dignity of the nation in 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 cou'ldently endorse the adminis- tration of General John W. Geary as wise, eco- nomical, and honest, and that it deserves, as i* 484 ruLITlUAL MANUAL. has received, the approval of the people of Pennsylvania; and we especially commend his uniform efi'orts to restrain the evils of special legislation. 6. That in Hon. Henry W. Williams, our can- didate for the supreme court, we present a learned, pure, and patriotic jurist, who will adorn the liigh ptosition to which we purpose to elect him. 7. That we reiterate and affirm our adherence to the doctrine of protection? as proclaimed in the 9th resolution of the platform adopted at the State convention of March 7, 1SG6. 8. That we endorse the ticket this day nomi- nated, and pledge to it our hearty and cordial support. Democratic, July 14, 1869. Resolved, That the federal government is lim- ited in power to the grants contained in the federal Constitution ; that the exercise of doubt- ful constitutional powers is dangerous to the stability of the Government and the safety of the people, and the Democratic party will never consent tliat the State of Pennsylvania shall surrender her right of local self-government. 2. That the attempted ratification of the pro- posed XVth amendment to the federal Constitu- tion by the Radical members of the last legislature, and their refusal to submit the same to a vote of the people, was a deliberate breach of their offi- cial duty and an outrage upon every citizen of the State, and the resolution making such rati- fication should be promptly repealed, and the amendment committed to the people at the polls for acceptance or rejection. 3. That the Democratic party of Pennsylvania is opposed to conferring upon the negro the right to vole, and we do empliatically deny that there is any right or power in Congress, or elsewhere, to impose negro suffrage upon the people of this State in opposition to their will. 4. That reform in the administration of the federal and State governments, and in the man- agement of their financial affairs, is imperatively demanded. 5. That the efforts now being made for the amelioration of the condition of the laboring man have our most cordial co-of)eration. 6. That the legislation of the late Republican Congress outride of the Constitution, the disre- gard of the majority therein of the will of the people and the sanctity of the ballot-box in the exclusion from thtir seats in Congress of repre- sentatives clearly elected, the establishment of military governraenta in the States of the Union, and the overthrow of all civil governments therein, are acts of tyranny and usurpation that tend directly to the destruction of all republican government and the creation of the worst forms of despotism. 7. That our soldiers and sailors who carried the fl^ig of our country to victory must be grate- fully remembered, and all the guarantees given in their favor must be faitiifuUy carried into execution. 8. Equal rights and protection for naturalized and nntivf born citizens at home and abroad. The assertion of American nationality, which .eliall command iho r(;>;K'ct of foreign towers and furnisli an examide and encouiagement to peo- ple struggling for national integrity, constitu- tional lioerty, and individual rights. 9. Tiiat the pre.^ent internal revenue and tax- ing system of the general Government is grossly unjust, and means ought at once to be adopted to cause a modification thereof. VERMONT. Bepublican, June, 1869. Resolved, That the Republican Union party of Vermont hereby affirms its adherence to the car- dinal principles of the party, and especially the exclusion of traitors from the positions of jiubiic trust, the right of impartial suffrage, and the in- tegrity of tlie public credit. 2. That we have confidence that the adminis- tration will wisely and firmly protect the inter- ests and dignity of the nation in resjiect to our just claims against Great Britain, and that, in our judgment, we can afford to wait until her majesty's government finds it for her interest to make settlement. 3. That we wholly approve the principles and policy of the administration of President Grant, and we particularly commend that point of his inaugural address wherein he declares, " I would protect the law-abiding citizen, whether of na- tive or foreign birth, wheresoever his rights are jeopardized, or the flag of our country floats, and would protect the rights of all nations, demand- ing equal respect for our own." 4. That we cordially commend the State ticket this day nominated, and pledge to its support such a majority as shall show that Vermont takes no step backward in her Republican course. Bemocratic, June 17, 1869. Resolved, That the practical workings of the general Government, as administered by the op- position to the Democratic party, renews our zeal and love for the principles of our party. 2. That we are still in favor of a strict adher- ence to the Constitution of the United States, as the safeguard of the States. 3. That the Democracy, now as ever, make no distinction between citizens, whether of native or of foreign birth, and that we sympathize, now as ever, with men of all nationalities striving for self-government. 4. That we are opposed to the present unequal system of taxation of the general Government, and to the corrupt and wasteful expenditures of the [iroceeds of such taxation. 5. That we prefer a system of government in accordance with the principles of the Democratic party rather than the present system of Radical rule. 6. That we will heartily support the nominees this day made. VIRGINIA. Bepublican, March 11, 1869. Resolved, That the early restoration of the State of Virginia to the federal Union, clothed with all the rights and privileges of the most favored States, is required by the obligations which tlie Government owes to the several States, STATE PLATFORMS. 48i is necessary to the just independence, dignity, and character of the State, is demanded by every consideration of patriotism as well as of interest; but that this return can now take place only un- der the authority of Congress, in the way pointed out by the reconstruction acts, and by the adop- tion, without change or modification, of the con- stitution soon to be submitted to the people, and an election by them of their chosen oihcials, pub- lic servants, and representatives, which election ought to be immediately held, nor can it be long er delayed without serious danger of final dis- aster. 2. That the election of General Grant has given a new guarantee and awakened new confidence in the lull and final triumph of the principles of the Republican party. The sublime truth that all men are free and equal will now become a great living fact. All persons born in the United States and subject to its jurisdiction are citizens not only of the United States, but of any State in which they mav choose to reside. Nor can any State deny to any citizen within its jurisdic- tion the equal protection of tlie laws, or the pos- session or enjoyment of any right or privilege on account of race, prior condition, or religious faith. We hail with gratitude the President's inaugural address, and will never cease to thank him for tell- ing the American people that while suffrage is denied to a portion of the citizens of the nation there cannot be peace. We pray Almighty God that the hope which is expressed for the ratifica- tion of tlie XVth article of amendment may be Fhortly realized, so that hereafter no State of the federal Union can deny to any citizen the blessed boon of sufi'rage on account of the accident of color, nor ever deny to him who has the right to vote the twin privilege, the right to be voted for. We thank the President, too, for thatprompt actof retributive justice which has restored Sheri- dan and Reynolds to the commands from which thejr wefe removed by an unjust Executive, be- cause of their faithful discharge of duty, their noble homage to the rights of humanity, and the manly enforcement of the reconstruction laws of Congress. In this act of justice we recognize an- other sure ground for confident hope, that tried fidelity to the Government is to be regarded as a virtue, and the support of the Union is to be honorable. We promise to his administration our earnest support. We invoke his best pow- ers and wisest counsels to aid us in an early, just, and lasting reconstruction of our commonwealth. 3. That the equality in rights of all tlie citi- zens, a just and proper provision for the educa- tiou of the people through public schools open to all, a more equal system of taxation, a rea sonable provision to secure a home, the necessa- ries of life, and the means of earning a support exempt from forced levy and sale; to preserve the plighted faith of the Slate by the payment of her honest debts; to do justly by making and impartially enforcing just and equal laws; to enrich the State by developing her resources; to secure an impartial jury trial by opening the jury-box to all the male citizens, without regard to race or color; to soothe animosities and strife by removing the causes of irritation ; to create friendship and harmony by burying enmities; the right of the people to frame their own organic law, and the right of the real party of recon- struction to determine the manner in which, as well as the constitution and laws under which the State shall be restored, are all fundamental pirinciples, vital to the success of the great work of reconstruction, and to which we now again [iledge our faith, allegiance, and earnest support. 4. That no republican form of government can long exist, or be wisely administered, wliere a considerable portion of tlie people are disfran- chised, and that the Republican party of the State of Virginia is not in favor of tlie creation of permanent disabilities, but pledges its influ- ence and efforts to secure tlio removal of all the disabilities incurred by participation in tlie late rebellion from all the citizens of this Stale, who, accepting in good faith the results of tlie war by their acts and influence, shall cordially co oper- ate in an earnest eflbrt for the restoration of the State under the reconstruction laws. We believe, however, tiiat such disabilities should not be removed solely on the application of personal friends, nor from mere personal considerations, but because the individual himself possesses such sufierior claims for amnesty as are not possessed by the great body of disfranchised persons. 5. That the Republican party is the real party of reconstruction; that there can be no perma- nent and just restoration of the State excepting through its instrumentality. That all efl'orts for its destruction or demoralization are dangerous to the best interests of the State, fraught with most serious consequences to the Union men, and, if successful, must finally defeat reconstruction itself; to the preservation of the party and its organization in their integrity, to its most com- plete consolidation and its higher elevation, we pledge our utmost efforts, while at the same time we open its doors wide, and cordially invite to its support, labors, and triumphs, all citizens who. rising above mere partizanship, and standing upon the higher level of statesmanship, embrace the common faith and vital principles which lie at the foundation of true reconstruction, just equality, lasting peace, and State and national prosperity. 6. That five members of the State central com- mittee, including the chairman thereof, be re- quested to wait on General Canby, when he shall assume command of this district, and request him to issue such orders to his ofiicers as shall secure the abrogation of all distinctions as to race, color, or previous condition, in the selection of juries. Conservative,* April 29, 1869. Whereas the people of the State of Virginia, *These resolutions were reported April 28, by Mes.«iP. Roliert Ould, J. B. Baldwin, J. K. Edmunds, F. MeMul- len, L. B. Anderson, Jas. C. Campbell, A. Mosely, W. D. Haskins, and W. T. Sutherlin — a majority of Die com- mittee. Messrs. John Goode, Jr., Ilugh Latham. ai;'d J. G. Mason presented the following minority report: Whereas the people of Virginia, by their del- egates duly chosen, met in convention in this city in the month of December, 1868, and after sol- emn and mature deliberation adopted their " de- claration of principles," settingforth and defining the policy of the white people of the State; And whereas in the said "declaration of prin- ciples," in its own language, did distinctly declare 486 POLITICAL MANUAL. by tbeir delegates in convention duly chosen, that the government of the State and of the Union were formed by white men to be subject to their control, and that suffrage should be so regulated by the States as to continue the system under the control and direction of the white race, and that in the opinion of this convention the peo[ile of Virginia will sincerely co operate with all men throughout the Union, of whatever name orjiarty, who will labor to restore the constitutional Union of the States, and to continue its government and those of the States under the control of the white race; And whereas the organization of the conser- vative party of the State of Virginia exists by authority of the said convention and the action of the people thereunder; And whereas the Congress of the United States have directed an election in this State to be or- dered by the President, whose proclamation is daily expected, at which election the Underwood constitution is to be submitted to the people for ratification or rejection, and at the same time an election is to be held for State officers; And whereas, for the purpose of consolidating and making effective the entire strength of the Conservative party in the State in opposition to the said constitution, the State executive commit- tee and the county and city superintendents, in the exercise of the powers confided in them on the day of , 1868, did nominate a State ticket; Now, therefore, be it Resolved, That the declaration of principles unanimously adopted by the said convention, composed of the representatives of the white men of all parts of the State, is binding upon the body until it shall have been revoked or modified by another convention of equal powers, and this meeting has no right to abandon the same. 2. That this meeting earnestly recommend to the people of Virginia to adhere steadfastly to the declaration of principles, and to the plan of organization adopted by themselves in conven- tion assembled, and to continue to follow the leadership of their nominees, who have upheld the principles of their organization with such conspicuous gallantry and devotion. 3. That the clauses of the Underwood consti- tution proposed to be submitted to a separate vote are immaterial and insignificant compared to the leading features of that instrument : Uni- versal negro suffrage, negro eligibility to office. That the same number of votes that will strike out the clauses to be submitted to a separate vote, will, if fiolled to that efifect, defeat the whole constitution. 4. That the military rule of one of our own race, responsible to his superiors, is far prefera- ble to the domination of an irresponsible multi- tude of ignorant negroes; and that, impelled by these considerations, we call upon all wiiite men, wliether native or adopted citizens, to vote down the constitution, and thereby save themselves and tlieir posterity from negro suffrage, negro office-holding, and its legitimate consequence — nf'S^ro social equality. 5. That even were an abandonment of the nbove-mentioned princi[ile9 to be agreed on by this body, the 7tli section of the election law, met in convention in this city in the month of entitled an act authorizing the submission of the constitution, &c., to the vote of the people, holds the restoration of the State subject to the subse- quent action of Congress, and that in this fact we find abundant reason to believe other condi- tions may be imposed upon us. 6. That the act in question imposes a condi- tion precedent in the adoption of the XVth amendment, which is in violation of every prin- ciple of constitutional law, and should not of right be endorsed by the people of Virginia. Mr. Shackelford, of Culpeper, objected to both reports, and moved the following: Resolved, That this meeting adjourn, to meet again ten days after the proclamation of the President of the United States fixing the day of voting on the constitution for Virginia and of election of officers under said constitution. 2. That the people of the counties of the State be requested to send delegates to the said ad- journed meeting, to act in conjunction with the present representatives, for the jmrpose of con- sidering and definitely acting upon the said con- irtituliun, or such modifications as may be pre- sented by the President to the people for their adoption or rejection. The convention refused, by yeas 29, nays 36, to lay the reports on the table; and, April 29th, the minority report having been witlidrawn to give opportunity for the renewal of Mr. Shackel- ford's motion to postpone, the latter was debated and rejected by yeas 24, nays 54; after which, without a division, the majority report was adopted. Resolutions unanimously adopted by the Con- servative convention, December 12, 1867, were as follows: 1. This convention doth recognize that, by the results of the late war, slavery has been abolish- ed ; and it doth declare that it is not tlie purpose or desire of the people of Virginia to reduce or subject again to slavery the people emancipated by the events of the war, and by the amendment to the Constitution of the United States. 2. This convention doth declare, that Virginia of right should be restored to her federal relations with the Government of the United States, and that it is not in the contemplation of the people of Virginia to violate or impair her obligations to the federal Union, but to perform tliein in good faith. 3. This convention doth solemnl}' declare and assert, that the people of Virginia are entitled to all the riglits of freedom, and all the guarantees therefor, provided by tlie Constitution of the United States; and they insist on the same as unquestionable, and that the said Constitution, which all are sworn to support, does not justify the governing of Virginia by any power not delegated by it, nor ought she, under it, to be controlled by the federal Government, except in strict accordance with its terms and limitations. 4. This convention doth declare, in the lan- guage of a resolution adopted by a public meeting held at the Cooper Institute, in the city of New York, "That the policy which continues to sub- ject the people of ten States of the Union to an irresponsible government, carried on by military STATE PLATFORMS. 487 December, 1867, and appointed an executive cominiltee to organize the counties and cities of the State with a view to consolidate the strength of the conservative party; And whereas the State executive conamittee and city and county superintendents did in the month of May. 1868, meet in this city and nominate a State ticket for the suffrage of the people; And whereas said executive committee and superintendents have again assembled to con- sider the present state of affairs, and each can- didate, with patriotic desire to promote the prosperity and welfare of the State, has resigned his candidacy: Now, therefore, be it Resolved, That this meeting accepts the said resignations of said candidates, and hereby ex- presses its higli appreciation of their devotion to the best interests of the State, and of their zeal and ability in the discharge of those duties which their candidacy imposed on them. 2. That notwithstanding the accepted resig- nations of our nominees, the conservative voters of the State are urged to organize for the pur- pose of defeating such obnoxious provisions of power, is inconsistent with the express provisions of the Constitution of the United States, and is subversive of the fundamental ideas of our Gov- ernment and of civil liberty; and the object for which this great wrong has been persisted in, as now being disclosed to the people of this coun- try and to the world, to-wit, to subject the white people of these States to the absolute su- premacy, in their local governments and in their representation in the Senate and House of Rep- resentatives, of the blackrace, just emerged from personal servitude, is abhorrent to tlie civiliza tiou of mankind, and involves us and the people of the northern States, in consequence of sur- rendering one-third of the Senate and one-quar- ter of the House of Representatives, which are to legislate over us, to the dominion of an or- ganized class of emancipated slaves, wiio are without any of the training, habits, or traditions of self government. 5. This convention, for the people of Virginia, doth declare that they disclaim all hostility to the black population; that the}' sincerely desire to see them advance in intelligence and national prosperity, and are willing to extend to them a liberal and generous protection. But that while, in the opinion of this convention, any constitu- tion of Virginia ought to make all men equal before the law, and should protect the liberty and property of all, yet this convention doth distinctly declare, that the governments of the States and of the Union were formed by v/hite men, to be subject to their control; and that the suffrage should still be so regulated by the States as to continue the federal and State sys- tems under the control and direction of the white race. 6. That, in the opinion of this convention, the people of Virginia will sincerely co-operate with all men throughout the Union, of what- ever name or party, who will labor to restore the constitutional union of the States, and to continue its government and those of the States uader the control of the while race. the constitution framed by the late convention in Richmond as may be separately submitted, and to that end, as well as to secure the election of proper persons to the legislature, the organ- izations already in existence are exhorted to in- creased activity, and in those localities where no organizations have been formed the jieoiile are earnestly requested to meet together and adopt measures for the puri)0se of preveniing the incorporation of such iniquities in the or- ganic law of the State. 3. That this convention, while expressing its hostility to ihe leading and general features of said constitution, and while urging the necessity of organization for the purpose of defeating sucii provisions as may be submitted separately, de- clines to make any recommendation to the conservative voters of the State as to their suffrages upon the constitution expurgated of said provisions, or as to the candidates that may bo before the people, feeling well assured that their good sense and patriotism will lead them to such results as will best subserve the true and substantial interests of the Commonwealth. WASHINGTON TEERITORY. Republican. Resolved, That the principles of the Republican party, as declared by tlie last National Republi- can convention at Chicago, meet with our hearty approval, and adherence thereto by the national, State, and territorial legislatures, will secure the peace and prosperity of our country. 2. That we recognize the great principles laid down in the immortal Declaration of Independ- ence as the true foundation of democratic gov- ernment, and we hail with gladness every effort toward making these principles a living reality on every inch of American soil. 3. That we regard with great pride and satis- faction the accession of the wise, efficient, and victorious leader of the American army, General Grant, to the high and honorable position of President of the United States, and confidently rely upon the earnest co-operation of the differ- ent branches of the Government for the enact- ment and enforcement of such measures as shall secure the rights and liberty of every American citizen, upon principles of justice and equality, and that respect for the laws by the people that will insure the peace and progress of the entire country. 4. That the interests of Washington Territory can best be promoted by the election of an able Republican representative of our people as del- egate to Congress, who will exert himself to ob- tain the fostering care and material aid of the general Government for our territory, and secure the just rights of each and all of our citizens, and who, as opportunity offers, will make known to the people of the States, by public addresses, the great advantages and inducements our territory presents to capital and population. 5. That a system of internal improvements in our territory should receive the encouragement and support of the general Government, in order that our important resources may be developed and the prosperity of the country promoted. 488 POLITICAL MANUAL. Among these internal improvements the con- struction of the Northern Pacific, Columbia River and Puget Sound, and Walla Walla and Colum- bia River railroads are of great and paramount importance, and their early completion highly necessary for the interests of not only this Terri- tory, but also those of the entire country. 6. That the nominee of tliis convention can, and by the hearty and united efforts of the Union Republican party will, be triumphantly elected, ana to that end all personal preferences and pre- judices should be waived for the general good, and the present as well as future success of the Republican party and its principles be thereby effectually maintained. Democratic. Btsolved, That the Democracy of Washington Territory rely upon the justice and patriotism of the American people for the ultimate triumph of democratic principles, wliich alone can effect the full and complete restoration of the Ameri- can Union, and restore to the people and the States respectively their rights under the con- stitution. 2. That this Government was founded by white men, and ttiat we are opposed to the ex- tension of the elective franchise or citizenship to negroes, Indians, or Chinamen. 3. That the recent attempt on the part of the Radical party in Congress to disfranchise the people of the Territory indicates a purpose in that party to destroy the liberties of the people. 4. That we are opposed to the proposed XVth amendment of the Constitution of the United States. 5. That the exclusion of any State from rep- resentation in Congress in time of peace is a dan- gerous assault upon the liberties of the people, in violation of the principles of our Union, and subversive of the rights of the Constitution. 6. That we are opposed to the present system of Government taxation, and are in favor of raising the necessary revenue for Government purposes by an ad valorem tax on the entire im- ports and property of the country. 7. That we favor the construction of railroads, the development of the vast resources of our Territory, and believe that Government should aid the construction of the same, and we ac- knowledge the important services rendered to our Territory in projecting the North Pacific railroad by the late I. I. Stevens. XLVII, VOTES OF STATE LEGISLATURES ON THE PROPOSED XVth AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES. Alabama^ [Not yet voted.] Arkansas. Senate, March 13, 1869. Yeas — Messrs. Barber, Beldin, V. Dell, Evans, Hadley, Harbison. Hunt, Hemingway, Keeton, Mallor}', Martin, Mason, Portis, Rogers, Sarber, Snyder, Vance, Wheeler, Young — 19. Nays — Messrs. Sanders, Ray — 2. HousEOF Representatives, March 15, 1869. Yeas — Messrs. John G. Price, [Speaker,] Isaac Ayres, Samuel Bard, Joseph Brooks, Wm. A. Britton, James A. Btrtler, Abraliam T. Carroll, Jeremiah Clem, Robert S. Curry, Charles C. Far- relly, Edgar D. Fenno, George M. French, John H. Fitzwater, Jerome W. Ferguson, Solomon Exon, John J. Gibbons, James M. Gray, William II. Grey. Artliur Gunther, John W. Harrison, Asa Hodges, Jeffrey A. Houghton, Jacob Huf- Ftedler, Daniel Hunt, Daniel R. Lee, James M. Livesay, Z. Henry Manees, Alfred M. Merrick, Solomon Miller, Jesse MiUsaps, Saml. F. Mitch- ell, Wm. T. Morrow, Peter Moseley, Wm. S. Mc- CuUough, Nathan M. Newell, David Nicholls, MarviUe M. Olive, John F. Owen, Newton L. Pears, Nathan N. Rawlin^s, Moses Reed, Ander- son L. Rush, Ricliard Samuels, Ephrnira Sharp, Daniel J. Smith, Wm. W. Stansberrv, John B. C. Turman, Daniel P. Upham, Benj. Vauglian, Jas. T. White, John K. Whitson, Wm. H. WiUs, Wm. H. Wright— 53. Nays— 0. California. [Not yet voted.] Connecticut. Senate, May 7, 1869. Yeas — Messrs. Calvin King, Samuel W. Dudley, Erasmus D. Avery, Henry W. Kings- ley, Aaron E. Emmons, Heiisted W. R. Hoyt, David Gallup, Joseph D. Barrows, Charles B. Andrews, Oscar Leach, Carnot 0. Spencer, Chas. Underwood, Edwin D Alvord — 13. Nays— Messrs. George M. Landers, N. Web- ster Holcomb, Lucian W. Sperry, Alfred B. Judd, Owen B. King, E. Grove Lawrence — 6. Not Voting — Edward N. Shelton, James S. Taylor— 2. House of Representatives, May 13, 1869. Yeas — Messrs. Henry Woodford, Henry Sage, Albert C. Raymond, James F. Comstock, Daniel Phelps, Calci) Leavitt, George S. Miller, Rufus Stratton, Thomas Cowles, Samuel Q. Porter, VOTES OF LEGISLATURES. 489 Abira Merriara, Byron Goddard, Charles H. Arnold, Horace Eddy, Samuel Rockwell, Robert Sugden, Benjamin F! Hastings, Samuel N. Reid, Jobn M. G. Brace, Joseph J. Francis, Joseph T. Hotclikiss, Julius A. Dowd, Stephen R. Bartlett, Jonathan Willard, Clinton Clark, T. Andrew Smith, Daniel A. Patten, George A. Bryan, John R. Piatt, Israel Holmes, William A.Warner, Seth Smith, Benjamin B. Thurston, Edward Harland, George Pratt, William W. Smith, Joseph N. Adams, John D. Watrous, Paul Couch, William H. Potter, Robert Palmer, David Geer, Daniel Bailey, Israel Allyn, Henry S. Lord, John F. Laplace, Willet R. Wood, Alfred Clarke, Roger G. Avery, Gurdon F. Allyn, David D Mallory, Benjamin B. Hewitt, Amos S. Treat, Walker B. Bartram, Ebenezer S. Judd, Ira Scofield, Charles Judson, Francis L. Aiken, Israel M. Bullock, William H. Hill, Aaron H. Davis, William 0. Seymour, Phineas S. Jacobs, Alfred Hoyt, Lewis W. Burritt, Hiram St. John, William Wood- bridge, Joseph E. Marcy, George R. Hammond, Edwin H. Bugbee, Charles Burton, Isaac K. Cut- ler, Lucius Fits, John W. Clapp, Hezekiah Bab- bitt, Henry H. Gary, James Pike, Eden Davis, Franklin H. Converse, Albert Campbell, Lewis Burlingham, Charles Larabee, Ezra Dean, Wil- liam H. Church, Norman A. Wilson, Lyman Gridlev, Seth K. Priest, Frederic Merrill, Wil- liam W. Welch, William E. Phelps, Edward Dai- ley, Charles Ilotchkiss, Edward B. Birge, Augus- tine T. Peck, Charles A. Warren, John T. Rock- well, Charles J. Yo'-k, Stephen A. Loper, Martin L. Roberts, George Jones, James L. Davis, Henry Tucker, Samuel M- Comstock, Phineas M. Augur, Samuel H. Lord, Daniel Strong, Oliver C. Carter, Gilbert F. Buckingham, Edwin ^ Kirkland, George H. Kingsbury, 0. B. Pomero_, , Henry W. Mason, Isaac Mason, Guy P. Collins, John M. Way, George B. Armstrong, Meenelly H. Hanks. Elijah Cutter, R. W. Andrews, J. R Washburn, George D. Colburu, Chauncey Paul, A. Park Hammond, Hezekiah Eldridge, William Shaffer — 125. Nays — Messrs. Elisha Johnson, Norman Smith, William J. Gabb, Edward B. Dunbar, Oeorge J. Jlinman, Henry A. Case, Benjamin Taylor, Wil- liam If. Bates, Flavd (!. Newton, Joseph Thomp- son, Roland 0. Buell, William C. Case, Horace Bclden, Roswell A. Neal, Noah H. Byington, Francis Jones, Samuel W. Goodrich, Alva Fen- ton, Alexander Clapp, Timothy 0. Coogan, Sam- uel L. Branson, Michael Williams, Asa C. Wood- ward, William D Hendrick Burritt Bradley, Mark Bishop, Gilbert S- Benham, Selah Strong, James Sweet, John A. Peck, Egbert L. Warner, Fhilo Holbrook, John C. Wooster, Hezekiah Hall, John Roach, Amos S. Blake, Isaac Hough, Enoch L. Beckwith, Thomas H. C. Kingsbury, Sanford Bromley, Robert F. Chapman, Daniel S. Guile, Prentice Avery, Geo. D. Loveland. Savilion Chap- man, David H Meekes, Edwin Wheeler, Cyrus Sherwood, Bern L. Budd, Jonathan A. Close. Jno. G. Wellstood, Eli D. Beardsley, Hinman Knapp, Philo H. Skidmore, Cyrus F. Fairchild, Asa Smith, Harvey K. Smith, jarvis H. Waiizer, Sh.erman French, 2d, Matthew Buckley, James Smibert, Jo- seph Pldllips, William B. James, Henry A- Kim- ball, Lyman N. Applcy, George C. Martin, Josiah G. Beckwith, John B. Hopkins, Arbert E. Merrill, Calvin Aldrich, Marshall E. Beecher. Austin H. GiUett, Lorenzo H. Hakes. William G. Kinney, John S. Wheeler, William H. Harrison, Mija A. Nickcrson, Fred. A. Lucas. Enos B. Pratt, Sidney Peck, Isaac B. Bristol, Albert S. Hill. James A. Root, j.~ Vwtt Beardsley, Pliney S. Barton, Ej^s- tus D. Goodwin, Edgar J. Reed, David L. Smith, John B Newton, Henry S. Wheaton, Robert Ba^ con, Edwin Scovill, Hezekiah Scovil, James C Walkley,* Charles Kirby, Huntington South- mayd, Charles E. Brownetl, Edwin A. Emmons, Randolph P. Stevens, Charles D. Kelsey, John S. Topliff, Thos.J. White, Samuel A. Collins, Thomp- son Strickland — 105. Not Voting— Addison 0. Mills, Jeremiah H. Bartholomew, James Baldwin, Fred. A. Mallory, Edwin Roberts, James M. Kibbe — 6. Delaware [The Senate voted down the resolution to adopt amendment by a strict party vote, the particia- arsof which were not received in time for publi- cation.] Florida. Senate, June 14, 1869. Yeas-— Messrs. Bradwell, Cruse, Hillyer, Kat- zenberg. Krimminger. Meacham.Pearce, Purman, Smith, Underwood, Vaughan, Walls, Wentworth —13. Nays — Messrs. Atkins, Crawford, Ginn, Hen- derson, Kendrick, Moragne, McCaskill, Weeks — 8. House, June 11, 1869. Yeas — Mr. Speaker, Messrs. Butler, Bogue» Black, Cox, Cruce, DeLaney, Erwin, Fortune, Graham, Ilarman, Harris, Hill, Hodges, Keene, Lee, Mills, Moore of Columbia, Pons, Powell, Robinson, Scott, Simpson, Thompson, Walker, Wells— 26. fNAYS — Messrs Bostick, Bradwell, Cheshire, Forward, McKinnon, il/oore of Hillsborough, Oli- ver, Pittman, Raney, Steward, Sto7ie, Urquhart, Watson — 13. Georgia. JSENATE.J/arc/i 18,1869. Yeas— Messrs. Joseph Adkins, B. F. Bruton, /. J. Collier, William GrifEn, McW. Hungerford, W. F. Jordan, W. W. Merrill, B. R. McCutchen, R. T. Nesbit M. C. Smith, C. J. Wellborn, F. O. Welch, W. T. Winn—n. * Independent Republican. t June 12— Mr. Filer, of Monroe, sent the following communication to the Speaker : "llavins unintentionally been absent from the As- sembly when the vote was taken yesterday on the joint resolution ratifying the XVth amendment of the Constitution of the United States, I respectfully ask that this fominunication be placed upon the Journal, that my disapprobation of the measure and desire to vote against it may be publicly known and placed on re- cord. This is asked in justice to myself and my constituency." The request was granted. % March l(t, a motion to lay joint resolution to ratify proposed XVth amendment to the Constitution on the table was lost by yeas 13, nays 10; March 12, the joint resolution was adopted by yeas 21, nays 10; March 13, a motion to reconsider prevailed, by yeas 19, nays 14; March 17, the resolution was indefinitely postponed, by yeas 18, nays 17 — the chair giving the casting vote. March 18, this vote was reconsidered, by yeas 17, nays 14; but a direct vote upon adoption of the amendment resulted in yeas 13, nays 10, as above. 490 POLITICAL MANUAL. Nats — Messrs. W. J. Anderson, W. F. Bowers, J. T. Burns, M. A. Candler, J. M. Col man, /. C. Fain, J. GrifBn, John Harris, B. B. Hinton, R. E. Lester, W. T. Mc Arthur, C. R- Moore, A. D. Nunally, Josiali Sherman, W. C. Smith, T. J. Speer — 16. * House OF Representatives, March 16, 1869. Yeas — Messrs. W. D. Anderson, Benjamin Ay- »r, Edwin Belcher, Marion Bethnne, P. H Bras- sell T. F. Brewster, G. S. Carpenter, W. C. Carson, P. H. Chambers, W. H. Clarke, Clower, A. E. Cloud, James Cunningham, S. A. Darnell, Madi- son Davis, R- A. Donaldson, J. T. Ellis, W. S. Erwin, J. R. Evans, F. M. Ford. A. M. George, I N. N. Gober, W. B. Gray, W. W. Grieger, J. E. i Oidlatt, R. B. Hall, W. D. Hamilton, J. F. Har- [ den, G. R. Harper, J. N. Harris, Heard, W. F. i Holden, G- M. Hooks, Darling Johnson, H. C \ Kellogg, C H Kytle, W. A. Lane, Aug II. Lee, John Long, J. J. Mc Arthur, J. A Madden, /. A. Maxwell, J. C. Nesbit, J. W. O'Neal, G. K. Os- good, R. M. Parks, J. B. Parke, Josepli L. Per- kins, W. P. Price, M. Rawlcs, James M. Rouse, G. W. Rumph, Pierce Sewell, M. Shackelford, J. E. Shumate, J. A. Smith, J. R. Smith, Smith, S. L. Strickland, E. M. Taliaferro, W. W. Watkms, Hiram Williams, W. S. Zellers, B H. Zelner— 64. Nays — Messrs. M. R. Ballanger, Richard Bradford, W. G. Brown, Wm. M Butt, J M. Burtz, C. C Cleghorn, J. A. Cobb, J. M Craw- ford, John C Drake, H. R. Felder. McK. Em- cannon, James Fitzpatrick, R. W. Flour noy , 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, C. C Humher, J. R. Kim- brough, J. J. Kelley, Samuel McComb, W. T. Mc- Cullough, Platte Madison, /. W. Matthews, J. W. Meadows, Henry Morgan, Lewis Nash, J. M. Nunn, S. E Pearson, j. H. Penland, F. L. Pep- per, N. J. Perkins, R. W. Phillips, G. S. Rosser, J. It. Saussey, F. M. Scroggins. Dunlup Scott, V F. Sisson, J. B. Sorrell, W. M. Tumlin, R. A. Turnipseed, L. H. Walthal, L. C. A. Warren, Ware, Frank Wilcher, Wilcox, J. C. Wilson— 53. Illinois. Senate, May, 1869. Yeas — Messrs. John II. Addams, Thomas A. Boyd, Andrew Crowford, John C. Dore, William C. Flagg, Greenbury L. Fort, Allen C. Fuller, Isaac McMauus, Jolin McNulta, Dan. W. Mann, A. B. Nicholson, William Patten, Daniel J. Pinckney, Henry Snapp, J. W Strevell, John L. Tincker, John P. Van Dorston, Jasper D. Ward— 18. Nays — Messrs. S. K. Casey, S. R. Chittenden, James M. Epler, Edwin H. Harlan, William Sheppard, Joseph J. Turney, John M. Woodsoii — * March 11, a joint resolution to ratify the amend- ment was adopted by 67 yeas to CO nays, three other members protostinK that if the proposed amendment does not confer upon the colored man the right to liold office, then they vote "ayo." otherwise "no " March 12 this vote was reconsidered by Ci) yeas to 4) nays. Bubsequently, March Ki, a sulistituto ratifying the amendment" was offered and adopted by the abore vote. House of Representatives, March 5, 1869. Yeas — Messrs. Joseph M. Bailey, L. L. Bond, Alexander W. Bothvvell, Thomas H. Burgess, James E. Callaway, Samuel H. Challis, Henry C. Child, Philip Collins, Ansel B. Cook, John Cook, Franklin Corwin, Irus Coy, Peter W. Deitz, James Dinsmoor, Silas H. Elliott, David M. Findley, Calvin H. Frew, W. Selden Gale, George Gay lord, George Gundlach, Philip K. Ilanna, Joel W. Hopkins, Humphrey Horrabin, Daniel Kerr, Alonzo Kinyon, J. C. Knicker- bocker, Iver Lawson, Charles W. Marsh, John M. McCutcheon, James R. Miller, William B Miller, Francis Munson, Adam Nase, George W. Parker, James M. Perry, William E. Phelps, John Porter, NN. Ravlin,Chas G. Reed, J. S. Reynolds, Alex- ander Ross, John W. Scroggs, Hiram F. Sickles, William M. Smith. Wilson "M. Stanley, William Strawn, Ephraim Sumner, Jacob Swigart, H. H. Talbott, E. S. Taylor, Bradford F. Thomp- son, L. D. Whiting, Samuel Wiley, Jonathan C. Wilhs, Ogden B. Youngs— 55. Nays— Messrs. Silas Reason, Andrew J. D. Bradshaw, Lewis Brookhart, Beatty F. Burke, Charles Burncit, Newton R. Casey, Joseph Cooper, Edward L Deuison, James E. Downing, John Ewiny. Thomas B. Fuller, E. M. Gilmore, John Halley, Thomas Jasper, John Landrigan. Edward Lanning, Thomas E. Merritt, Abraham Mittower, D. H Morgan, Timothy M. Morse, Smith M. Pal- mer, C C. M. V. B. Paine, James G. Phillips, John W. Ross, Leonard Rush, S. R. Saltonstall, Cliorlcs Voris, David M. Woodson — 28. Not Voting — Henry Dresser, Henry Green — 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 R. Cravens, James Elliott, Sternes Fisher, E. W. Fosdick, Isaac P. Gray, John (ireen, John V. Iladley, Thomas M Hamilton, L. W. Hess, A Y. Hooper, David F. Johnson, Isaac Kinley, Thomas N- Rice, John Reynolds, Milton S. Rob- inson, William J. Robinson. Harvey D. Scott, John A. Stein, Anson Wojcott, Samuel F. Wood — 27. Present bjt not Voting — James Bradley, Wil- liam W. Carson, George W. Denbo, Thomas Gif- \ford, E. C. Henderson, Archibald JoJmslon, Charles I B. Laselle. Thomas G. Lee, David Morgan, Wil- liam F. Sherrod, Wilson Smith — II. Absent— Messrs. Oehmig Bird, Sims A. Cal- ley. James M. Hanna, George V. Ilowk, Robert liuey, Elijah Huffman, James Hughes. J. M. Humphreys, Wdliam H Montgomery, William Taggart, William S. Turner — 11. * House of Representatives, May 14, 1869. Yeas — Messrs. George A. Buskirk, (Sfieaker.) *0n this day a message from the ,i;overnor an- nounced the resignations of the following members of tho House: Jamrs F. Mock. C. R. Corp. W. D. TTufrhinrff!, .T. n. Hobo, D. Monfgomcrt/, S. A. Shodff, D S. Fuller. J. <}. Johnson, Isaac Odcll. T. H. Pabncr. J. C. McGregor. C A'. ^Tc Bride, L. Carr.S. Wile, J. D. Williams. W. E. Dittcmorc. J>. W. Cunninnham, It. Logan, J. Addison. L. Calvert. I). H. Long, W. K. Admire, J. C. Laivlcr. W. Tebbs, J. D. Cor. J. Ilvatt, S. J. Barritt, J. L. Bates, D. McDonald, A. ZoUars, N. D VOTES OF LEGISLATURES. 491 Reuben Baker, John P. Barnett, Samuel Beatty, I'ieiding Beeler, Wm. C. Bowen, Robert Breck enridge, George W. Chapman, George F. Cbit- 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- gins, Austin Hutson, Amasa Johnson, James T. Johnson, Samuel V. Jump, Robert T. Kercheval, Jonathan Lamborn, 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- Wildraan, Isaac Williams, Ben- jamin F. Williams, William Wilson — 54. PuESENT BUT NOT VoTiNG — Messrs. John R. Coffroth, J. S. Davis, and James V. Mitchell — 3. [Not yet voted.] Iowa. Kansas. Senate, February 27, 1869. Yeas — Abner Arrowsmith, J. C. Bailey, J. C- Broadliead, A. A. Carnahan, J. C. Carpenter, S. A. Cobb, W. H Fitzgerald, W. H. Grimes, 0. J. Grover, E. J. Jenkins, William Larimer, O. E. Learnard, James R. Mead, M. M. Murdock, John McKee, E. S. Niccolls, J. H. Prescott, Martin Schmitt, W. H. Smallwood, S. J. H. Snyder, A. G. Speer, E. Tucker, M. V. Voss, H. H. Wil- liams, Levi Woodward — 25. Nays— 0. Absent and not Voting— 0. House op Representatives, February 27, 1869. Yeas— Messrs. N. J. Allen, L. D. Bailey, P. Y. Baker, James Blood, M. B. Bowers, F. C. Bowles, Aaron Brundage, John Baterbaugh, Alexander E. Case, H. W. Cook, E. B Crocker, William Crosby, I. N. Dairy mple, Rufus Darby, C. Drake. A. J. Evans, F. Gilluly, Charles Gregg, Joel Grover. John Guthrie, W. M. Hamm, H. G. 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, Cyrus Kilgore, W. W- Lambert, Samuel Lappin, J S Larimer, Joseph Logan, J. H. M?dden, Joel Maltby, J. B. Moore, John McClenahan, C. C. McDowell, J. A. McGinnis, H. W. McNav, W. F. Osborne, A. C. Pierce, J. Q. Porter. J. T. Rankin, M. H. Ristine, D. D. Roberts, L. Rob- Afilps, T. W. Lemman, W. G Neff, J. C. Shoemaker, M. T. Carnahan, P. M. Zenor, J. M. Slz^^h, J. &. Cotton, J. F. Wdborn, L. D. Britton, B. D. Miner^S.. After the message, a vote was taken upon the adop- tion of the proposed XVth amendment, with above result. The Speaker ruled, that for ordinary legisla- tion the State constitution preseribe.s that two-thirds of the House (or 67 member.i present and answering to their names) constitutes a quorum, but it does not define what number of members, more than a simple majority of the legisl.ature. shall be suttirietit to act upon ft proposed amendment to tlie I'nitod 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 Uliler, 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 Fceny, R. V. Flora N. Humher, R E. Palmer, P H Tiernan, Geo W Tlionipson, John F. Wriqht — 7- Not Voting— Messrs. T. H. Butler, E E. Cof- fin, Oliver Davis, S. K. Hungerford, G. B. Inge, J. S. Martin, A. J. Mowry, McGrath, Mcintosh, 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. Nays — Mr. Speaker, {Wm. Johnson,) Joseph M. Alexander, F. M Allison, A. K. JBradley, Jno. O Carlisle, Jos. H. Chandler, Jno. B. Clarke, Lyttleton Cooke, A. D. Crosby, Wm. A. Dudley, A. H. Field, Joseph Gardner, Evan M. Garriott, P. H. Leslie, W. Lindsay, Isaac T. Martin, W. H. Payne, I. A. Spalding, E. D. Standeford, Philip Swigerl, Harrison Thompson, Oscar Tur- ner, A. C- Vallandigham, W. L. Varies, Benj. J. Webb, I. C. Winfrey, C. T. Worthington— 21 . House of Representatives, March 11, 1869. Yeas — Robert Bird, Alexander Bruce, Demp- sey King, Zachariah Morgan, Hiram S. Powell— 5. Nays — Mr. Speaker, {John T. Bunch.) Peter Abell, John J. Allnutt. George W. Anderson, Robert C. Beauchamp, Higgason G. Boone, Or- lando C. Bowles, Jeremiah W. Bozarth, Jesse D. Bright, Richard J. Browne, William W. Bush, B F. Camp, Patrick Campion, George M. Cay- wood, A. T. Chenault, Thomas T. Cogar, John B". Conkwright, Thomas H. Corbett, Robert T Davis, John Deaton, Fra7icis U. Dodds, Michael A. Downing. 0. L- Drake, George W. Drye, Thomas J. Fades, George R. Fearons, Manlius T. Flip- pin, Hart Gibson, Robert T. Glass. Wm. 0. Hall, George Hamilton. Mortimer D. Hay, James R. HiNDMAN,f Smith M. Hobbs, Basil Holland, Richard C. Hudson, Thomas L. Jefferson, Alfred M. Jones, Francis Justice, Alfred Kendall, Gab- riel A. Lackey, J. Fry Lawrence, John W. Lea- thers, Charles H. Lee. Wm. Lusby, Wm. J. Lusk, Bcriah Magoffm, Samuel I. M Major, Andrew J. Markley, Alexander L. Martin, Mortimer D. Martin, Jas. M. McFerran. W. Estill McHenry, James A. McKenzie, Guy S. Miles, John Wesley Moscly, John Allen Murray, John W. Oqilvie, William N. Owens, Thompson S. Parks, Henry L. Perry, George G. Perkins, Julian N. Phelps, Elijah S Phister. Wm. Preston, Wm. B. R-^ad, John D. Russell, Cidvin Sanders, Robert Sim- mons, Fenton Sims. Alexander B. Smith, R^xhard M. Spalding. Barton W. Stone, David P. Stout, Hezekiah li. Thomas, James White, Robert K. * The vote actually taken was on a joint resolution to reject the amendment; but I have made the record to oorrespond in form witli the other States, in which the question was on ratifying. tConseryaiive. 492 POLITICAL MANUAL. White, James A. Wilson, Samuel M. Wralher, J. Mall Yowcll — 80. Louisiana. Senate, February 27, 1869. Yeas — Messrs C C. Antoine, H. J. Campbell, F. V. Coupland, L. B. Jenks, G. Y. Kelso, J. Lynch, J. J. Monette, C. C. Packard, P. B. S. Pinchback, E. Poindexter, G. Pollard, J. Ptandall, J. Ray, M. F. Smith, S. M. Todd, C Wilcox, J. B. Williams, J. Wittgenstein— 18. Nays— Messrs. 0. H. Brauglm, J. C Egan.W. L. Tliompson — 3. House of Representatives, March 1, 1869. Yeas — Messrs. Charles W. Lowell, (Speaker,) Isaac A. Abbott. Frank Alexander, F. C An- toine, C. J. Adolphe, Octave Belot, 0. H. Brew- ster, Dennis Burrell, B. Collins, W. S. Callioun, M. Carr, Sam E. Cuny, P. G Deslonde, E. W. Dewees. P. L Dufresne, A. J. Demarest, N Douglas, T. B. W. Evans, A. W. Faulkner, P. Guigonet. John Gair, J. Garsikamp. Chas. Gray, Paul Guidry. J. A. Hall. J. T. Hanlon, H. Heid- enhain. G. H Hill, E. Honore, J. W. Hutchinson, E. H. Isabelle, R. Lange, V. M. Lange, E. Le- Llanc, Chas. Le Roy, Milton Morris, J. H. Mc- Vean, Wm. Murrel.'W. C. Melvin, F. Morey, R. J. Moran, James S. Mathews, John Page, M. Raymond. D. H. Reese, Henry L. Rey, Moses Slerrett, Robert J. Taylor, A. Tureaud, H. C. Tounoir, 8. Umphreys, James J Walsh, Geo. Washington, E. S. Wilson, David Young — 55. Nays - Messrs. L. P. Bryant, James E. Currell, Wm. Haskell, James McCullen, W. Pope Noble, C. B. Pratt, J. E. Rengstorff, P. H. Waters, Jacob Zoelhj—9. Not Voting— Messrs. Leslie Barbee, W. W. Bennett, J. B Bergerson, F. Borge, J. A. Craw- ford, Jos. H. Degrange, Ulger Dupart, Ciiarles A E;iger, J. B. Esnard, David C. Fouts, Peter Harper, W. M. Holland, J. M Judice, Amos Kent, J B. Landers, A. L. Lee, E. F. L'Haste, Harry Lott, Jacob Magee, Theophilo Mahier, W. L McMillen, Joseph Mansion, C. R. May, S. C. Mollere, John Pearce, William H. Pierce, S. Prejean, Willis Prescott, J. Simms, H. C. Slaton, Henderson Williams, William C. Williams, L. A. Wiltz, B. C Wren, P. Jones Yorke, Nicholas Young — 36. Kaiao. Senate, March 11, 1869. Yras — Messrs. William W. Balster, John A. Buik, George Gary, T. H. Gushing, Reuel B. Fuller, Lorenzo Garcelon, Ciiarles E. Gibbs, George Go dwin, Thomas R. Kingsbury, M. D. L. Lane, Thomas S. Lang, Stephen D. Lindsay, Manderville T. Ludden, Frederick G. Messer, Benjamin D. Metcalf, Jeremiah Mitchell, Jacob p. ^ioise. Benjamin B. Murray, jr., Sumner A. Patten, William B Snell, John L. Stevens, F. I^oring Talbot, Samuel Tyler, Luther U. Webb, Josepii H. West — I'o. Nay — Mr. Moses P. Mathews — 1. House, March 11, 1869. Adopted Unanimously — The members pres- ent, being: Charles B. Abbot, Nathaniel Averill, John W. Barker, E. K. Bennett, W. H. Bige- low, Francis Blackman, Granville Blake, E. P. Blaisdell, Hiram Bliss, jr., Uranus 0. Brackett, Alden Bradlbrd, Edmund Bragdon, jr., Henry Brawn, George E. Brickett, John R. Bridges, John A. Briggs, Jethro Brown, James M Buz- zell, O. W. Caldwell, E. A. Calderwood, P. J. Carldon, Hanson T. Carver, John S. Case, J. H. Chamberlain, Andrew C. Chandler, D. W. Chap- man, F. A. Chase, George A. Clark, James M. CofSn, Cyrus Cole, Marshall Cram, Joaeph Cran- don,jr., G. F. Danforth, William Dickey, Ahner Dinsmore, William S. Dodge, William Dolbier, J. H. Drummond, (Speaker,) Edwin A. Duncan, Cyrus Dunn, James Dunning, Parker G. Eaton, Robert Edcs, E. C Farrington, /. A. Farrington, A. B. Farwell, W. B. Ferguson, Jjevi H. Folsom, Francis H Foss, Isaac Foster, Jacob F. Frede- ric, Washington Gilbert, D. T. Giveen, Isaac B. Goodwin, G. C. Goss, A. Greely, Seward B. Gun- nison. James R Haley, John S. P. Ham, O. A. Hammond. G. W. Hammond, Austin Harris, A. J. Hatch, Joseph W. Holland. George S. Holman, Caleb Holyoke, William Hopkins, G. W. Howe, Wales Hubbard, Aaron W. Huntress, William Irish, Charles Junkins, Eleazer Kelley, Ezra Kempton, I. G. Kimball, Thomas Knowlton, Francis B. Lane, Andrew Leighton, Jonathan Libby, William L. Longley, Tobias Lord, Leon- ard Lord, William W. Lucas, George C. Lynam, John G. Mayo, A. B. McCausland, Orrin Mc- Fadden, Mason J. Metcalf, Charles V. Minot, Charles J. Morris, S. M. Newhall, StiUman Noyes, jr., Lyndon Oak, G. S. Palmer, J. W. Palmer, George Parcher, Jere G. Patten, David Patterson, Andrew M. Peables, Henry 0. Perry, Oscar Pike, Stanley A. Plurnraer, Daniel F. Pot- ter, C. M. Powers, A. C. Pray, Joseph C. Purin- ton, Thomas B. Reed, Samuel A. Rendell, S. D. Richardson, William M. Rust, Edmund Russell, John Russell, D. W. Sawyer, Whitman Sawyer, Stillman W. Shaw, Reuben Small, Joseph 0. Smith, Thaddeus S. Somes, Pliny B. Soule, Jas. M. Stone, L. H. Storer, Ira D. Sturgis, Judah D. Teague, N. Thompson, E. W. Thompson, J. P. Tliwing, Philander Tolman, Abner Toothaker, Eastman H Tripp, Charles Y. Tuell, Ellery Turner, Thomas E. Twitchell, Alfred Watts, Cyrus Waugh, E. W. Wedgewood, Andrew J. Weston, Charles R. Whidden, Daniel White, Joshua Whitney, Elijah Wyman. [Not yet voted.] Maryland. Massachusetts. Senate, March 9, 1869. Yeas — Messrs. Natlil. E. Atwood, Nathl. J. Holden, Joshua N. Marshall, George M. Rice, George 0. Brastow, Estes Howe, George H. Mon- roe, H. H. Coolidge, Richmond Kingman, Dan- iel Needham, George S. Taylor, Samuel D. Crane, Lucius J. Knowles, Julius A. Palmer, Whiting Griswold, John H. Lockey, Richard Plumer, Gershom B. Weston, John B. Hathawa" Chas. R. McLean, Joseph G. Pollard, O. H. P. Smith, George M. Buttrick, George A. King, Edwin L. Morton, George H. Sweetser, J. Scott Todd, Ed- mund Dowse, Ciiarles R. Ladd, Robert C Pitman, VOTES OF LEGISLATURES. 4D3 Harrison Tweed, Charles A. Whirlock, Francis A. Hobart, Charles Marsh, Joseph G. Ray, Jona- than White — oG. Nays— Messrs. Benjamin Dean, Alonzo M. Giles— 2. House of Representatives, March 12, 1869. Yeas — Messrs. William T. Adams, Alexander H. Allen, John A. P. Allen, William W. Ama- don, Frank M. Ames, Isaac A. Anthony, John I. Baker, Life Baldwin, John Barlow, William E. Barnes, William Bartlett, Ezra Batcheller, Jacob Bates, Lonng Bates, Marcus A. Bates, Alfred Belden, Francis W. Bird.Saml G. Bowd- lear, Charles Bradley, Samuel P. Breed, Ezra C Brett, Benjamin A Biidges, Jethro C. Brock, William G. Brooks, John Brown, Werden R. Brown, Ferdinand L. Burley, Alvah A. Burrage, Alfred A. BurriU, Rodney French, Josiah 0. Friend, jr., Cliauucey G Fuller, Geo. L. Gibbs, Edwin Gilbert, Kimball C. Gleason, Abijah W. Goddard, Stephen D. Goddard, John B. Good- rich, Thomas H. Goodspeed, Levi S. Gould, Sam. H. Gould, Wesley A. Gove, Win. T. Graramer, Calvin S. Greenwood, Charles H. Guild, Moses H. Hale, Lyman S. Hapgood, Rich. P. A. Har- ris, Abraham G. Hart, Edward H. Hartshorn, Andrew L. Haskell, Wm. H. Haskell, James A. Hervey, James Hewes, Chas. A. Hewins, Elmer Hewitt, Wm. Hichborn, Levi W. Hobart, Thorn- dike D. Hodges, Ambrous Hodgkins, Alvah Hol- •way, James Horswell, Samuel Horton, Charles H. Hovey, Geo. F. Howland, James Humphrey, Theodjre C Hiird, Harvey Jewell, (Speaker,) Henn L. Johnson, Robert Johnson, Herbert C. Joyner, Shubael B. Kelley, William W. Kellogg, Thos. G. Kent. Moses Kimball, Dexter S. King, Enoch King, Daniel \V. Knight, Jos. S- Knight, Oliver S. Butler, Solomon Carter, Albert Chara- berlin, Linus M. Child, Wm. M. Child, Horace Choaie, Le Baron B. Gburch, Joseph N. Clark, Asa Clement, Samuel Cloon, Aurj G. Goes, Ben- jamin F. Cook, George P. Cox, Freeborn W. Grassy, James M. Cunliff, Robt. S. Daniels, Elna- than Davis, William W. Davis, Ebenezer Dawes, John Dean, Avery J. Denison, Benjamin Dupar, J. Franklin Dyer, Wm. I. Edwards, Thos. Ellis, Jacob Fisher, Charles A. Kiske, Wm. Fletcher, James B. Francis, Franklin C. Knox, Albeit Langdon, Roger H. Leavitt, Manning Leonard, Nahum Leonard, jr., William Livermore, Caleb Lombard, Josiah Lor '. jr., Marcus M. Luther,- Charles N. Marsh, Wm. Melcher, Wm. R. Mel- den, Chas. H. Merriam, John M. Merrick, Moody Merrill, Wm. H. Merritt, Lansing Millis, Eben Mitchell, Elliott Montague, Lyman E. Moore, Asa P. Morse, Newton Morse, Edwin Mudge, Nathaniel C. Nash, Henry J. Nazro, Thomas L. Nelson, Daniel H. Newton, Jeremiah L. Newton, Geo. K. Nichols, Jolin P. Ober, Weaver Osborn, Rufus S. Owen, Samuel S. Paine, John C. Peak, Joseph D. Peirce, Francis A. Perry, Avery Plu- mer, A. A. Plimpton, M. C. Phipps, Augustus Pratt, Joseph A. Priest, Asahel D. Puffer, Ed- gar H. Reed, Ezra Rije, James Ritchie, James H. Roberts, Ensign B. Rogers, Joseph N. Rolfe, Augustine K. Russell, George J. Sanger, Joseph L, Sargent, Samuel D. Sawin, Clark Sears, John N. Sherman, Rufus S. Slade, Edward Smith, Horace Smith, Iram Smith, John J. Smith, Mar- tin L. Smith, Willis Smith, Welcome W. Sprague, Charles W. Soule, L. Miles Standish, Haynes K. Starkweather, Eliphalet Stone, Ruel F. Thayer, Justus Toner, S. K. Towle, Welcome H. Wales, Royal S. Warren, Thos. S. Waters, Henry White, D Dwight Whitmore, Emerson Wight, Charles Wilcox, Salem Wilder, Alfred M. Williams, War- ren Williams, William D. Witherell, George M. Woodward, D. T. Woodwell, Luther A. Wright, P. Ambrose Young — 192. Nays — Messrs. Jiich. D. Blinn, Dennis Caw- ley, jr , Samuel Clark, Alanson Crittenden, Ben- jamin Franklin, Dennis J. Oorman, Hugh A. Madden, Murdock Matheson, Charles J. Mcln- tyre, F. H. Morse, Thomas F. Plunkett, Thomas k. Plunkett, Caleb Rand, James Wilson, Orlow Wolcott— 15. * Not Voting— 33. Michigan. Senate, 1869. Yeas— Charles Andrews, John K. Boies, Evan J. Bonine, Henry C. Conkling, John. C Fitzger- ald, Bela W. J'enks, John H. Jones, Ezra L. Koon, Charles Blunt Mills, Stephen Pearl, Peter R. L. Peirce, Delos Phillips, Abraham C Pruty- man, Hampton Rich, Elliott T. Slocum, Amos Smith, Thaddeus G. Smith, John H. Standish, George Thomas, Jerome W. Turner, P. Dean Walker, William B. Williams, (President, pro tern.,) Richard Winsor, Alfred B. Wood, Hiel Woodward— 25. l^ AYS— William Adair, Lore' zo M. Mason, Edward O. Morton, Lyman Decatur Norris, William Willard,jr. — 5. House of Repkesentatives, 1869. Yeas— John Avery, Horace T. Barnaby, Ben- jamin L. Baxter, Isaac D. Beall, John E. Blake, Ezra Bostwick. Nathan S. Boynton, George, G. Briggs, Ellery A. Bronnell, Alexander Cameron, Benjamin Clark, Archer H. Crane, Daniel L. Grossman, James L. Curry, William R. Davis, Philo Doty, William R. Eck, Adam Elliott, George H. Fenner, Ceylon C. Fuller, Milo E. Gifford, Levi N. Goodrich, William W. Hartson, Henry H. Holt, Dexter Horton, Edmund W. Hunt, William H. Hurlbut, Benjamin W. Hus- ton, jr., Loomis Hutchinson, John N. Ingersoll, Charles A. Jewell, Peter Lane, Enos T. Lovell, Jan es W. Mandigo, Edward M. Mason, Henry McCowen, Norton L. Miller, Charles R. Milling- ton, William H. C. Mitchell, Lyman Murray, Orlando Newman, Henry A. Norton, John M. Osborn, Emory M. Plimpton, Uzziel Putnam, jr.. Almond B. Riford, Harvey B. Rowlson, George P. Sanford, Brackley Shaw, jr., Charles Shier, Aaron Sickels, Thomas J. Slayton, Robert B. Smith, Jos. W. Snell, Abiel S. Stannard, Frank B. Stockbridge, George W. Swift, Almon A. * Under an order of the He ase, permitting absentees to record how they would have voted had they been present, the following were recorded : YE.4S— Messrs. George H. Barrett, Wm. W. Nichols, S. H. Walker, Henry Chase, O. S. Brown, E. Foster Bailey, Lewis 8. Judd, Addison G. Fay, Henry Blake, Jos. A. Stranger, Francis A. Nye, Samuel B. Simmons, Stephen M. Crosby, S. S. Willson, Charles P. Lyon, Shepard Thayer, Tilly Haynes, Frank M. Ames, W. A. Russell, Edward Stowell— 20. NsY— Patrick A. Collins. 494 POLITICAL MANUAL. Thompson, George Vowles, Jolin Wagner, John Walker, Jacob Walton, Edgar B. Ward, Luther Westover, Hubert G. William?, James A Wil- liams, Jonathan T. Woodman, (Speaker,) Samuel W. Yawkey— 60. Nays — liobert V. Brings, Orman Clark, Beta Cugshall, Jcrojne B. Eaton, Thomas W. Harris, John H. Hubbard. Frederick O. Kendrich, James Kin'/sley, Peter Klein, James B. LeT, John Q. McKernan, Cyrus Mdcs, William Parcell, Claude N. Riopelle, James W. liomeyn, James Stewart, Newton Shelton, Peter Ternes, Joseph Weier, Jacob A. T Wendall, Darwin 0. White, Elliott H. Wilcox, William D. Williams, David A. Woodard—2'i. Minnesota. [Not yet voted — the lef:;islature declining to act upon a telegram, and adjourning prior to receipt of an official copy of proposed amendment.] Mississippi. [Not yet voted.] Missouri. Sekate, March 1, 1869. Yeas— Messrs Wells H. Biodgett, George W. Boardman, C. S. Brown of Shelby, Theodore Bruere, John S. Corender, John B. Clark, sr , David R. Conrad, Lewellyn Davis, Isam B. Dod- son, Ellis G. Evans, Jo'lm M. Filler, Louis Gott- Bchalk, Minor T. Graham, Thos. Harbine, Sam- uel W. Headlee, George IL Rea, Stephen Ridg- ley, Wm. B. Rogers, M. G. Roseberry, William A. Shelton, James H. Todd, David A. Waters, Eugene Williams 23. Nays— Mes.srs. James H. Birch, jr., Josej)h Brown of St. Louis. Thomas M. Carroll, Tltomaa Essex, Thomas J. 0. Morrison, John H. Morse James S. Pollins, Thomas B. Peed, Henry J. Sj^amihorst — 9. Not Voting- George W. Elvvell, John C. Hu- man. House of Representatives, March 1, 1869. Yeas — Messrs. John C. Orrick, (Speaker,) J. J. Akard, Ben Alsup, T. W. Allred, A. Jackson Baker, T. S. Benefiel, Tarlton Brewster, W. P. Browning, Henry Bruihl, C. C. Byrne, Daniel Clark, M. S. Courtright, D. S. Crumb, W. H. H. Cundiff, E. S. Davis, R. B. Dennv, R. T. Dibble, J. H. Dolle, D. S. Donegan, W. B. Elliot. A. M. Ellison, Frank Eno, J. W. Enoch, W. J. Fergu- son, E. P. Ferrell, J. B. Freeman, A. L. Gibbs, J. II. Glenn, Ricliard Gladney, A. Hackman, J. B. Harper, Samuel Hayes, J. T. K. Hay ward, A. F. lleely, N. P. Howe, Anthony Ikner, Jesu Jennings, R. F.Johnson, T. H. Jones of Laclede, W. A. Jones of Nodaway, R. D- Keener, G. R. King, Oscar Kirkham, N. B. Klaine, M. L. Laughlin, Wm. Lawson, F. T. Ledergerl)er, F. E. Lombar, J. M. Magner, M. J. Manville, J. C. McGinnis, J. F. McKernan, W. H. McLane, R S. Moore. H. G. Mullings, A. Munch, W. N. Nalle, T. D. Neal, W. H Norris, C. R. Peck, Anthony Perry, J. L. Powell, J. M. Quigley, Constance Riek, J. P. Robertson L. A. Roun- tree. F. T. Russell, Louis Schulenberg, W. L. Snidow, James Southard, T. J. Staubcr, E. Stin- Bon, L. A. Thompson, J. S. Todd, J. L. N'lckers, G. H. Walser, H. Winchester, Jacob Yankee, J. M. Young— 79. Nays — Messrs. /. F. Adams, Joseph Bogy, W. H. Bowles, A. F. Brown of Callaway, L. A. Brown of Howard. A. Purge, J. O. Burton, Thomas Byrns, D. L. Caldwell, P. A. Campbell, Tyree Harris, Garland Hurt, William Key, F. L. Marchand, Andrew McElvaiv, J. M. Mc^R- chad, a J. Mdler, A. W. Mitchell of St. Louis, /. P. Murphy, A. P. Phillips; Lucius Salisbury, J. Sahjer, E. C. Sebastian, M. Sides, O. D. Sloan, C. P. Smythe, J. H. Terry, Robert Waide, T. F. Warner, C. Weinrich — 30. [Not yet voted.] Nebraska Nevada. Senate, March 1, 1869. Yeas— Messrs. David H. Brown, T. W. Abra- ham, T. D. Edwards, C. H. Eastman, 0. II. Grey, Wm. N. Hall, James W. Haynes, M. S. Hurd. David L. Hastings, Benjamin S. Mason, Thomas B. Sliamp. C C. Stevenson, Frederick A. Tritle, D. W. Welty— 14. Nays — Messrs. M. S. Bonnifield, Eugene B. Hazard, Jacob J. Linn, Robert Ifullan, Wm. O. Monroe, Samuel Wilson — 6. House of Representatites, March 1, 1869. Yeas — Messrs. D. 0. Adkison, (Speaker,) J. K. Barney, Wilmer Brown, N. E. Bunker, J. S. Burson, J. A. Burlingame, William H. Corbett, H F. Dangberg, S. J'. Davis, William Doolin.J. S. Ford, W. D. Gray, J. M. Handford, John Hanson, C. J. Hillyer, C. D. King, George J. Lammon, J. L. Richardson, C. P. Shakespere, E. R. Schimmin, John Welch, J. M. Woodworth, S. C. Wright— 23. Nays — Messrs. Anderson, John Bowman, E. Clark, A. C. Cleveland, G D. Coburn, J. S. May- hugh, O. F. Mills, R. J. iMoodv, S. A. Moulton. A. K. Potter, F. W. Randall, T. W. Rule, R. H. Scott, J. W. Small, T. J. Tennant, A. B. Waller 16. New Hampshire. * Senate, 1869. House of Representatives, 1869. Yeas — Messrs. William C. Noyes, Jacob Luf kin. John W. Dudley. Rufus W. Moore, Daniel Clifiord, Harvey P. Hood, George Moore, 2d.. Sebastian A. Brown Andrew J. Hoyt, Ebenezer Folsom, George Beebe, John D. Ordway, Dewitt C Durgin, Emery Batclu-lder, Andrew W. Mack, Matthew Holmes, Joshua M. Bickford, Charles Wingale, William II. Y. Hackett, Edward D. Coffin, Daniel J. Vaughn, Isaiah Wilson, Wm. P. Jones, Charles Robinson, William H. Hen- derson, Frank W. Miller, John W. Wheeler, Joel C. Carey, George Marston, Patrick Quinn, Leonard Lang, Rei Hills, John S. Buzzell, Jos. Daniels, William T. Wentworth, Hiram F. Snow, Alvah Moulton, Samuel M. Wheeler. (Jeorge Wadleigh, Oliver Wyatt, Charles II. Sawyer, Jonas H. Colony, John Hill, George L3'man, * Adopted the amendment, but returns not received in time for insertion. VOTES OF LEGISLATURES. 49, Samuel G. Chamberlain, Larkin Harrington, John Crockett, 8ilas Hussey, jr., Jos. N. Hayes, John Drew, Daniel Chadbourne, George Stevens, Daniel J. Holmes, Charles F. Montgomery, Chas. Hayes, Waller G. C. Emerson, Ruius G. Morrill, Enoch Franders, Stephen B. Cole, Rufus E. Gale, Geo. W. Sanborn, Sam'l. Emerson, Aaron Clarke, Wm. Blake, jr., Mark Nickerson, Wm. M. Weed, Enoch Q. Fellows, Jas. M. Pease, Sam'l. W. Rob- erts, Blake Folsom, Nehemiah Butler, Wm. H. Allen, Henry Farnum, John West, Benjamin E. Badger, Augustine C. Pierce, Ephraim W. Wood- ward, Jos. W. Prescott, Calvin C. Webster, Geo. F. Whittrege, John B. Ireland, Arthur S. Nes- mith, George W. Rice, Moses Favor, Benjamin J. Gile, Thomas B. Jones, Reuben E. French, Nahum T. Greenwood, Nathaniel G. Foote, Chas. E. Perkins, Cyrus French, David A. Macurdy, William A. Mack, William N. Tattle, James H. Hall, Samuel D. Downes, John Greer, Lucien D. Hunkins, Avery M. Clark, Chas. B. Richardson, Daniel M. Greeley, Luther Cram, Joseph L. Stephens, Nathan P. Kidder, Timothy W. Chal- lis, Geo. S. Andrews, Jas. 0. Adams, Albert H. Daniels, William Flanders, Herman Foster, Ben- i"amin Currier, Samuel D. Lord, James P. Eaton, lobert Hall, Robert M. Shirley, Elisha B. Bar- rett, Benj. Ela, Samuel G. Dearborn, Bainbridge Wadleigh, Archibald H. Dunlap, George A. Ramsdell, Caleb Burbank, Amos Webster, Chas. Holman, William A. Preston, Riley B. Hatch, Chas. Wilder, Stephen H. Bacon, Isaiah Wheel- er, Charles 0. Ballon, Alonzo H. Wood, Aaron Smith, John N. Richardson, George S. Wilder, Frederick W. Bailey, John Humphrey, Solon S. Wilkinson, Robert Wilson, Charles Bridgman, Solon A. Carter, Wm. French, Jairus Collins, Geo. A. Whitney, Alba C. Davis, Charles Mason, William H. Porter. Augustus Hodgkins, Henry Abbott, Edward Alexander, Chas. H. Whitney, Chapin K. Brooks, Nathan W. Howard, Frank- lin W. Putnam, William Ellis, Hiram Webb, Edward L. Goddard, George N. Farwell, Joseph B. Comings, Albina Hall, William H. Eastman, Martin Bascom, Benjamin F. Sawyer, John B. Cooper, Levi F. Hill, Thos. N. Hughes. Abner Fowler, Sam'l. K. Mason, Erastus Dole, Converse G. Morgan, Herbert Bailey, Jacob S. Perley, Jas. S. Adams, Harlow S. Nash, Joseph W. Cleveland, Jesse C. Sturtevant, Hiram Noyes, Horace B. Savage, Isaac D. Miner, Theodore M. Franklin, Frank Paddleford, Reuben Batclielder, Henry H. Palmer, WiUard Spencer, Henry 0. Kent, Ossian Ray, Charles E. Philbrook, George W. Libbey— 187. Nays— Messrs. John W. Gate, Jesse W. Sar- cjcnt. Joseph R Garrish, George W. Sanborn, Jas. L. Rimdlctt, Stephen G. Sleeper, Chas. W. Piek- erinfi, Josiah D. Presscott, Charles B Clark, Wm. A. Shackford. Nathan II. Leavitt.jr., Levi Wil son, Samuel S. Warner, Pike II. Ilarccy, John R. Reading, Samuel L^ngdon, David Gri§ln, Thos. Green, Joseph Chase. Lafayette Hall. Harry S. Parker, Ilosea B. Snell, Franklin Cnlbath, Chas. H. Boodi/, William Prodor, Jacob W. Evans, Ehenezer P. Osgood, John IF. Busiel, Jolm Neally, Natlian B. Wadleigh, Lyman B. Ames, William S. Woodman, Benjamin B. Lamprey. Harrison C. Smith, Thomas J. Allard, George W. M. Pit- man, Daniel Chandler, 2d, Christopher W. Wil- der, Charles H. Osgood, Thomas Lovering, Jona- than Gale, William II. H. Mason, llenry J, Banks, Sanborn B Carter, Elisha Goodwin, jr., Henry Dowst, Henry A. Weymouth, Samuel O. Clement, William 0. Heath, Joseph Ayers, John 8. Sherburne, Charles Smith, Samuel Martin, Ar- chelcnus Moore, Jaines M Sawyer, Hiram Cilley, Charles C. Rogers, Christopher G. McAlpine, Lemuel W. Cdlins, Jason Walker, Jno. C. Dodge, Augustus Wdson Alfred W Savage, Brooks K. Webber, Ephraim Button, John W. Griffin, An- drew W. Raymond, George Edgceomb, Dennis D. Sullivan. Eldridge P. Brown. Andrew J. Bennett, William G Butler, Franeis Green, Joel Hessel- ton, Silas Chapman, Asa H. Burge, James H. Goodrich, Aaron D. Hammond, Ezra G. Hunt- ley, Asa H. Bullock. Edward E. Upton, Philip D. Angier, David Parsons, Leonard B. Holland, George Rust, Charles Knight. John Chase, Abram Bean, Daniel A. George, Ora M. Huntoon, Weld D. Proctor, Luke Gale, John Bedel, Chase Whit- cher, Thomas J. Spooner, James C. Felch, Joseph D. Weeks, John A. Butrick, Elias M. Blodgett, James M. Dristen, Nathaniel W. Chcjiey, Alvah Stevens, Joseph Wheat, George F. Putnam, Charles M. Weeks, Thomas Muzzey, George F. Cummings, Daniel Whitcher, Samuel A. Edson, Charles C. Smith, Richard Smith, Joseph A. Dodge, Horace B. Perkins, George W. Garland, Samuel B. Page, Joseph Savage, Joseph W. Campbell, Daniel Green, Charles S. Leavitt, Benjamin Young, William S. Rolfe, Lucius Bond, Charles L. Heywood, Rufua F. Ingalls, Charles L. Plaisted, Moses Hodgdon, jr., Wayne Cobleigh. Thomas C. Hart, Cyrus E. Bickjord, Sylvanus M. Jordan, Sam. C. Brown — 131. New Jersey. [Late in the session, the Senate, by a party vote, passed a resolution postponing all action on the amendment till the third Tuesday of Jan- uary, 1870 — the Republicans voting no. The House did not act on the resolution ] New York. Senate, April 14, 1869. Yeas — Messrs. Samuel Campbell, Orlow W. Chapman, Richard Crowley, Charles J. Volger, Matthew Hale, Wolcott J. Humphrey, George N. Kennedy, Abner C. Mattoon, Lewis H. Mor- gan, John I. Nicks, John O'Donnell, Abiah W. Palmer, Abraham X. Parker, Charles Stanford, Francis S. Thayer, John B. Van Petten, Stephen K. Williams— 17. Nays —Messrs. A. Bleecher Banks, Geo. Beech, John J. Bradley, William Cauldivell, Thomas J. Creamer, Lewis A. Edwards, Henry W. Genet, William M. Graham, John F. Hubbard, jr., Lewis Morris, Henry C. Murphy, Asher P. Nichols, Michael Norton, James F. Pierce, William M. Tweed— 15. House, March 17, 1869. Yeas — James R. Allaban, A. H. Andrews, Clif- ford S. Arms, Eli Avery, Isaac V. Baker, jr., W. F. Barker, C. V. B. Barse, Benjamin J. Bassett, P. H. Bender, D. V. Berry, Monroe Brundage, W. W. Butterfield, Albert C. Calkins, Winfield S. Cameron, W. W. Campbell, Wesley M. Car- penter, James A. Chase, G. Clark, W. A. Coannt, 496 POLITICAL MANUAL. Hugh Conger, George Cook, H. M. Crane, J. C. Bancroft Itavis, Erasmus W. Day, J. Dimick, B. Dooiittle, E. Ely, W. M. Ely, Beujamin Farley, J. Ferris, Sanl'ord Gifford, George M. Gleason, Elijah M. K. Glenn, David R. Gould, Miles B. ilackett, Marvin Harris, W. W. Hegeman, F. A. llixson, A. B. Hodges, C. Dewitt Hoyt, Marcus A. Hull. James A. Husted, James V. Kendall, E. C. Killiam, Nicholas B. La Bau, James D. Lasher, S. Mitchell, J. M. Palmer, C. Pearsall, . William I. Terry, Andrew J. Randall, G. Ray, CharlesB. Rich,8ilas Richardson, James A. Rich rnond, Samuel Root, E. F. Sargent, J. O. Schoon- inaker, John H. Selkreg.L. E.Smith, N. B.Smith, D. Stewart, W. H. Stuart, Moses Sumraei ', Mer- ritt Thornton, Lyman Truman, Addison B. Tut- tle. Edward C. Walker, C. H. Weed, Hiram Whit- marsh, C. S. Wright, Truman G. Younglove — 72. Nays— (?. /. Bramler, W. G. Berrjen. N. C. Bradstrect, Denis Burns, T. J. Campbell, Owen Cavanagh, H. M. Clark, Henry J. CuUcn,jr., P. Ji. Dyckman, C. Ferris. A. J. Flynn, John Gal- vin, Baldwin Griffin, William Ilalpin, Anthony Hartman, A. E. Hasbrotick, William Hitchman, Morgan Horton, H. B. Howard, James Irving, John C. Jacobs, Law. D. Kiernan, John M. Kim- ball, J. L. La Moree, E. D- Lawrence, Thomas Y. Lyon, Josiah T. Miller, P. Mitchell, William W. Moseley, M. C. Murphy, Martin Karhlmann, D. O' Keeffe, Edward L, Patrick, J. B- Pearsall, Georgia W. Plunhitt, Josiah Porter, B. M- Skcels, A. W. Smith, James Stevens, Edward Sturges, James Suffern, John Tighe, Moses Y. Tilden, D. W. C Tower, Peter Trainer, Charles H. Whalen, Henry Woltman — 47. Not Voting — Edward Akin, Matthew P. Be- mus, John Decker, John L. Flagg, George L. Fox, Alexander Frear, John Keegan, John B. Mad- den, H. Ray— 9. North Carolina. Senate, March 4, 1869. Yeas — Messrs. William Barrow, J. W. Beas- ley, P. T. Beeman, N. B. Bellamy, C H. Brog- den. Silas Burns, Jas. Blythe, D. D. Colgrove, J. B. Cook, J. H. Davis, J. B. Eaves, Henry Eppes, Samuel Forkner, A. H. Galloway, 0. S. Hayes, J. S. Harrington, J. A. Hyraan, A. J. Jones, W. D. Jones, Pi,. W. Lassiter, Edwin Legg. J. M. Lindsay, P. A. Long, W. L. Love, L. A. Mason, F. G. Martindale, W. .A. Moore, W. M. Moore, J. W. Osborne, W. B. Richardson, J. B. Respass. T. M. Shoffner, S. P. Smith, J. W. Ste- phens, W. H. S. Sweet, G. W. Welker, E. A. White. R. J. Wynne, C S. Winstead, Peter Wil- son — -10. Nays — Messrs. Joshua Barnes, E. L. Beall, J. W. Graham, 0. Mclchor, W. If. Bobbins, J. G. Scott— Q. House, March 4, 1869. Yeas — Messrs Joseph W. Holden, (Speaker,) Wallace Ames, Thomas M. Argo, J. Ashworih, Louis Banner, S. C. Barnett, E. T. Blair, J. W. Bowman, W. G. Candler, M. Carson, W. Carev, Wm. Cawthorn, H. C Ciierry, J. H. Crawlbrd, Joseph Dixon, Hugh Downing, D. S. Ellington, L. G. Estes, R. Falkenor, F. W. Foster, S. D. Franklin, George Z. French, Geo. W. Gahagan, W. W. Gilbert, George A, Graham, W. W. Grier, W. T. Gunter, J. T. Harris, J. H. Harris, W T. J. Hayes, A. L. Hendrix, R. H Hilliard, B. R. Hinnaut. David Hodgin. P. Hodnctt, J. Hoff- man S. G Horney, T. 0. Humphries, Ivey Hudg- ings, Dixon Digram, 2'. J. Jarvis, W. D. Justus, J. M. Justice, / A. Kelly, Geo. Kinney, Byroa LaBin, J. S. Leary, J. B. Long, C. Mayo, W. W. McC'anless, J. R. Mendenhall, F. G! Moring, /. 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. Renfrow, P. D. Robbins, /. L. Bobinson, 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. S. Sweat, T. A. Sykes, T. M. Vestal, J. P. Vest, J. E. Waldrop, W. P. Welch, J. White, B. D. Whitley, L. D Wilkie, J. H. Wil- liamson, S. C. Wilson, A. C. Wiswall — 87. Nays — Messrs. /. /. Allison, N. E. Armstrong, W. W. Boddic, J. W. Clayton, Plato Durham, T. Farrow, W. B. Ferebee, J. P. Gibson, J. A. Hawkins, D. P. High, W. H Malone, J. C. Mc- Millan, T. A. Nicholson, E. M. Painter, David Proffit, Isaac M. Shaver, J. L. Smith, D. E. Smith, F. Thompson, B. C. Williams— 20. Ohio.* Senate, 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 Stedman, Samuel N. Yeoman — 14. Nays — Messrs. Curtis Berry, jr., W. H. H. Campbell, Wm Carter, S F. Dowdney, J. Emmitt, Louis Evans. T. J. Godfrey, W. Beed Golden, Harmount Robert Hutcheson, James B. Jamison, Jo7i(ithan Kcnncy, William Lawrence, Daniel B. Linn, Manuel May, Henry W. Onderdonk, Geo, Bex, Charles M. Scnbner, Jolm L. Winner — 19. House, April 1, 1869. Yeas — Messrs. Ross W. Anderson, Madison Belirs, Hiram Bronson, Delos Canfield, Reuben P. Cannon, S. C. Carpenter. George Crist, Rob- ert B. Dennis, Joseph H. Dickson, Jeremiah M. Dunn, William M. Eames, Morris E. Gallup, Benjamin L. Hill, Amos Hill, William P. John- son, Samuel F. Kerr, Samuel 0. Kerr, M. C. Law- rence, Alfred E. Lee, Samuel T. McMorran, Fred. W. Moore, Welcome O.Parker, William Ritezel, Jonathan K. Rukenbrod, James Sayler, William H. Scott, John Lincoln, William Sinclair, Geo. W. Skaats, Perry Stewart, Josiah Thompson, Joseph C. Ulleiy, Henry Warnking, Marwin Warren, Thomas Welsh, Jacob Wolf — oti. Nays — Messrs. William T. Acker, Jacob Ba- ker, Edward Ball, Wilmer M. Belville, John W. Branch, Peres B. Buell, Bushnall. Daniel J. Cal- lev, Joseph R. Cockerill. Elisha G. Denrnan, Jo- seph Dilworth, Levi Dungan, William Fielding, Isaac J. Finlcy, Elias W. Gaston, Robert B. Gor- don, Eliel Ilcadley, George Henricks, William D. Hill, Peyton Ilord, John L. Hughes, Hxtyh *Tho vote actually taken was on a joint rcsoliUioa to reject, but I Ikivo made the record correspond with other States, and stated itas if the motion hud been to ratify. VOTES OF LEGISLATURES. 407 7. Jeivett, Richard E. Jones, John D. Kemp, Jno. M. Kennon, Wm. Larwill, John Laivson, Ralph Leete, C. T. Mann, Lawrence McMarrell, More, Lawrence T. Neal, James W. Newman, 21iomax M. Nichol, Morgan N. Odell. James Parks, Jno. B. Read, James Robinson, William L. Ross, N. C. Ruttcr, William Shaw, Andrew J. Swain, Je- riah Swetland, Ansel T. Walling, William R. Wilson, Samuel M. Worth, and Speaker — 47. [Not 3-et voted. Oregon. Pennsylvania. Senate, March 11, 1869. Yeas— Messrs. Esaias Billingfelt, James C Brown, G. Dnvvson Coleman, George Connell, Russell Errelt James VV. Fisher, James L. Gra- ham, A. Wilson Henszey, James Kerr, Morrow B. liowry, A. G. Olmsted. P. M. Osterhout, Jno. K. Robinson, C. H. Stinson, Alex. Stutzman, A. W. Taylor, H. White, Wilmer Worthington— 18. Nays — Messrs. John B. Beck, R. S. Brown, Charlton Burnett, J. D. Davis, C. M. Duncan, George D. Jackson, R. J. Lindcrman, William McCandless, Charles J. T. Mclntire, A. G. Mil- ler, D. A. Nagle, William M. Randall, Thom,as B. Searight, Samuel G. Turner, William A. Wal- lace — 15. House of Representatives, March 25, 1869. Yeas — Messrs. Alex. Adaire, Fred. W. Ames, William Beatty, Samuel T. Brown, Andrew J. Buffington, Wm. M. Bumd, Loren Burritt, John F. Ciiambeilain, Thos Church, Junius R. Clark, John Cloud, Elisha W. Davis, Allender P. Dun- can, John Edwards, David Foy, Jacob C. Gat- chell, Alex C. Hamilton, Jacob G. Heilman, A. Jackson Herr, Wm. G. Herrold, Robert Her- vey. Henry B. Hofl'man, Jas. Holgate, Marshall C. Hong. Washington W. Hopkins, Miles S. Humphreys, Jas. A. Hunter, Samuel M. Jack- son, Samuel Kerr, Chas. Kleckner, Augustus B. Leedond, Alex. Leslie, Jacob H. Longenecker, David M. Marshall, Amos H. Martin, Stephen M. Mereditii, Vincent Miller, George F Morgan, George W. Myers, Thomas Nicholson, Jerome B. Nile«, Wm. P. I. Painper, Jacob G. Peters, Jas. M. Phillips, Geo. P. Rea, Archimides Robb, Jos. Robison, David Robison, Almon P. Stephens, James V. Stokes, John D. Stranahan, Butler B Strang, Jas. Subers, Aaron H. Summy, James Tavlnr, Harvey J. Vankirk, John H. Walker, Jaines H. Webb, Jno. Weller, Geo. S. Westlake, Geo. Wilson, John Clark, (Speaker,)— 62. Nays — Messrs. Joshua Beans, Michael Beard, Samuel F. Bossard, Phillip Breen, Henry Brobst, Robert B. Brown, Theodore Cornman, Daniel H. Greitz, Samuel D. Dailey, William J. Davis, Armstrong B Dill, .James Eschbach, John II. Fogel, George II. Goundie, Henry S Hottenstein, George R. Iliirsk, Pdchmond L. Jones, Samuel Josephs, WiUiurn H. liase, Thos. J. McCullough, John M. Ginnis, Edward C. McKinstry, Henry McMiller, P. Gray Meek, Michael Mullin, Wm. M. Nelson, Decatur E. Nice, Danl. L. O'Neill, Jas. Place, Wm. H. Playford, John Porter, Benja- min F. Porter, John I. Rogers, George Scott, Jos. Sedgwick, John Shirely, Lewis H. Stout, Nathan O. Westler— 38. '62 Bbode Island. Senate, May 27, 1869. Yeas— Messrs. Wheaton Allen, Nicholas Ball, George L. Clark. George II. Corliss, Benoni Car- penter, Samuel W. Church, James S. Cook, Geo. B. Coggeshall, John M. Douglass, James T. Ed- wards, Benjamin Fessenden, Lysander Flagg, Cliarles H. Fisher, Albert G. Hopkins, David Hopkins, Asahel Matteson, Jos. Osborne, Daniel B. Pond, William C. Potter, Jethro Peekham, Isaac B. Richmond, Lewis B. Smith, Cnarles C. Van Zandt— 23. Nays — Messrs Pardon W. Stevens, AXjre.d Anthony, William Butler, Stephen C. Browning, SiUs C. Crandall, Samuel H. Cross, Alexander Eddy, Timothy A. Leonard, Nathaniel C. Peck- ham, John B. Pearce, Joseph W. Sweet, George W, Taylor— 12. House of Representatives, May 29, 1869. Vote on postponing the question till the January session. For Postponement— Messrs. William D. Aid- rich, Ferdinand H. Allen, Emor J. Angell, Ju- lius Baker, George N. Bliss. Theodore P. Bogert Baj'lies Bourne, John C. Brown, Ezra J. Cady, /. Hamilton Clarke, Nathaniel B. Durfee. Henry T. Grant, Richard W. Greene, Mason W. Hale, Stephen Harris, William S. Kent, Robert R. Knowles, Edward Lillibridge, John Loveland, Francis W Miner, Arlon Mowry, George H. Olney, Samuel B. Parker, John C Pegram, Sam- uel Rodman, jr., William P. Shaffield, Nathaniel C. Smith, George T. Spicer, Joseph E. Speink Horatio A. Stone, Nathan T. Verry, Albert M, Waite, John E. Weeden, Joseph D. Wilcox, Jas. M. Wright— 35. Against Postponement — Messrs. Benjamin T, Fames, (Speaker,) William T. Adams, Edwin Aldrich, Lucius C. Ashley, John H. Barden, Wil- liam W. Blodgett, Francis Brinley, Joseph F. Brown, Henry Bull, jr., John T. Bush, Thoniaa G. Carr, John G. Childs, Thomas Coggeshall, 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, W'm. Knowles, Nathan B. Jjewis, Jesse Metcalf, Jabez W. Mowry, Charle.s H. Perkins, William H. Seagrave, Owen W. Simmons— 29. South Carolina. Senate, March 6, 1869. Yeas— Messrs. H. Itick, R. H. Cain, E. F Dickson, R. J Donaldson, H. W. Duncan, J. A. Greene, W. R. Hoyt, J. K. Jill.son, C P. Leslie, John Lunney, C. W. Montgomery, PI. J. Max- well, W. B. Nash, Y. J. P. Owens, J. H Rainey, W. E. Rose, S. A. Swails, J. J. Wright— 18. Nay — Mr. Joel Foster — 1. House of Representatives, March 11, 1869. Yeas — Messrs. F. J. Moses, jr., (Speaker,) B. A. Boseman, B. F.Berry, W J.Brodie, S Brown, John Boston, Joseph Boston. John A Boswell, Jason Bryant, W. A. Bishop, Lawrence Cain, E. J. Cain, Wilson Cooke, W. S. Collins, Joseph Crews, R. C. DeLarge, John B. Dennis, William Driffle, R. B. Elliott. J. H. Feriter S. Farr W. H. W. Gray, John Gardner, yEsop Goodson, E. 498 POLITICAL MANUAL. Hayes, C. D. Hayne, James N. Ilayne, B. TTutn- phries, G- llollinan, Jajiies Hutson. D. Hams, John B. Hyde, D. J. J. Johnson, W. E John- Eton, S. Johnson, B. F. Jackson, H. Jacobs. B. James, H. James, \V. R. Jervay, J. H. Jones, W. H. Jones, C S. Kuh, H. J. Loniax, George Lee, S. J. Lee, J. Long, J. Mayer, W. C. Morrison, W. J. Mc- Kinley, E. Mickey, G. F. Mclnlyre. H. McDnn- 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. Ptansier, Thomas Richardson, T. Root, A. Rush, P. R. Rivers, E. M. Stoeber, C. J. Stol- branch, Robert Smalls, A. Smith, S. Saunders, H. L. Shrewsbury, P. Smythe, T. K Serporlas, R. F. Scott, B. A. Thompson, S. B. Thompson, Reuben Tomlinson, W. M. Thomas, S. Tiuslev, C. M. Wilder, John Woolev, W. J. Whipper, J. H. White, J. B. Wright, George M. Wells— 88 Nays— Messrs. 0. M. Doyle, R. M. Smith, John Wilson — 3. Not Voting — Messrs. B. Barton, T. F Cly- burn, 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. C. Keith, F. A. Lewie, S. Littlejohn, Wm. McKinlev, John B. Moore, Y. B. Milford, F. F. Miller. W. J. Mixson, S. Nuckles, C. H. Pettengill, B. F.Sloan, W. G. Steivart, William Simons, J. Smiley, C C Turner, W. W. Waller, H. W. Webb-29. [Not yet voted [Not yet voted. Tennessee. Texas. Vermont. [Not yet voted.] Virginia. [Not yet voted.] West Virginia. Senate, March 3, 1869. Yeas — Messrs. Joseph T. Hoke, (President,) James Burley, H. K. I)ix, Willis J. Drummond, Ephvaim Doolittle, George K. Leonard, Z. D. Eamsdell, Alstorpheus Werninger, Wm. Work- roan, Samuel Young — 10. Nay.s — Messrs. Lewis Applegate, Wm. J. Bore- man, Jes.'e H. Gather, Henry G. Davis, John M. Phelps, Andrew Wilson — (i. House, March 2, 1869. Yeas — Messrs. Solomon G. Fleming. (Speaker,) Joseph W. Allison, George W. Oarjjenter, James Car[ienter, Benjamin F. Charlton, Elias Cun- ningham, George Edwards, Joseph H. Gibson, Sidney llayrnond, Fenelon Howes, John S. Keever, Edward S. Maiion, Andrew W. Mann, William M. Powell, Thomas G. Putnam, John Reynolds, Barney J. P>,ollins, Owen Q. Scofield, John Rufns Smith. Jes=e 't . Snodgrass, Richard Thomas, William 0. Wright— 22. Nays— Messrs. Rhodes B. Ballard, John Bow- yer, Reuben Davisson, Henry H. Dits, William M. French, Alpheus Garrison, Benjamin F. Har- rison, James Hervcy, John A. Hutton, Alexander M. Jacob, John J. Jacob, John Kincaid. Daniel Lamb, Thomas W. Manion, Jas. T. McClaskey, David S. Pinnell, Charles W. Smith, Louis C. Stiiel, John T. Vance— Id. Wisconsin. Senate, March 9, 1869. Yeas — Messrs. Henrv Adams, S. S. Barlow, W. J. Copp, J. W. Fisher, William M. Griswold, Geo. C- Hazelton, Lemuel W. Joiner, W. J. Ker- shaw, A. W. Newman, David Taylor, Anthony Van Wyck, Geo. D. Waring, Chas. M. Webb, C. G. Williams, Nelson Williams— 15. Nay^ — Messrs. W. J. Abrams. Satterlee Clarke, H. H. Gray, Curl Habich, Chas. H. Larkin, Wm. Pitt Lynde. Lyman Morgan, Geo. Reed, Adam Schanlz, W. W. Woouman, Wm. Young —11. Absent and not Voting — E. S. Bragg, C. M. Butli, William Ketcham, N. M. Littlejohn, M. W. Louder, Curtis Mann, Henry Stevens — 7. House of Representatives, March, 3, 1869. Yeas — Messrs. Fayette Allen, Douglas Ar- nold, H. D. Barron, J. B. G. Baxter, J. Bennett, Van S. Bennett. Benjamin II. Bettis, J. M. Bingham, J. N. P. Bird, Thomas Blackstock, H. C Bottuin, G H. Brock, Luther Buxton, Syl- vester Calwell, Ben M. Coules, Joseph S. Curtis, W. P. Dewey, Seth Fisher, Jas. S. Foster, Hiram L. Gilmore, Geo. T. Graves, J. K. Hamilton, Joseph Harris, Andrew Henry, Robert Henry, Edwin Jj Hoyt, Frederick Huntley, Edwin Hurlbut, Thos. A. Jackson, D. II. Johnson, J. E. Jolinson.C. C Kuntz.O. B. Lapham, A. R. Mc- Cartney, J. R. McDonald, John McLees, D. E. Maxson, Knute Nelson, C. C. Palmer, C. J). Parker, C H. Parker, Cvrus Perry, A. L. Phil- lips, Thad. C. Pound, ""Abner .Powell N. B. Richardson Freeman M. Ross, Wm E Rowe, M. H. Sessions, Adelnian Sherman, John A. Smith, S. E. Tarbell, Joseph M. Thomas, Thornton Thompson, Vernon Jjichoner, G. W. Trask. A. J. Turner, N. P. Waller W S. Warner, Jellerson F. Wescott. Samuel C West, and Mr. Speaker A. M. Thomson — 62. Nays — Messrs. John Adams, Jvhn II. Bohne, A. K. Delaney. Andrew Dieringer, Richard Don- ovan, Patrick Drew, Rees Evans, B. F. Fay, John Fellenz, Charles Geisse, Job Haskell, James Woye E. II. Ives, John Kastler, J. McDonald, C. E, Mcintosh, D. W. Maxon, William Murphy, Eu gene O'Connor, C. H M. Peterson, J. Phillips C. Pole, Jerome B. Potter, Henry Reed, Henry C Rankel, John Ruttledge, John Scheffel, Geo. B Smith, Joseph Winslow — 29. Not Voting — Messrs. George Abert, P. J. Conklin, J. L. Fobes, John Gillesjiie, Daniel Hooper, A. G. Kellam, Henry Roethe, Parian Semple, Randall Wilcox — 9 STATISTICAL TABLES. PRESIDENTIAL ELECTION RETURNS-NATIONAL DEBT STATEMENT. ^Electoral and Popular Votes for President of the TTnited Statest for the Term Commencing March 4, 1889. States. New Hampshire. Massachusetts .... Rhode Island Connecticut Vermont New York New Jersey Pennsylvania Delaware Maryland Virginia! North Carolina ..., South Carolina... Kentucky Tennessee Ohio Louisiana Indiana Mississippi! Illinois Alabama Maine Missouri Arkansas Michigan. Ploridaf Texasll Wisconsin Iowa California , Minnesota Oregon Kansas West Virginia .. Nevada .. Nebraska Excluding Georgia,. Georgia Including Georgia. 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QJ © 00 Ol 3 ^- ;5 cj SSS •^ '^ T3 '^ 0) OJ o a) « c3 05 C3 s s s s .« 73 m e8 « ,r to 3 "^^ o o (U *> 1^"^ s 3 t- C *^ 3 o 3 es 1-5 o < 73 73 T) T! to" to cT c-f -^ (>r CO '^ t>. 00 CO ID (lia> 502 POLITICAL MANUAL. o i o o o o o o o o o o o o o o o o C-J CO 1- » OO O «© 1-1 n m CO -M -*" ?! o '^ ^ M <1> ■d t< fl 0! 3 S •o <0 0) § c p. N "2 o. " ^ > g -: -o B a c to 5 Ji ® -; p. r fe 3 M 0.••- T3 i ° ""cm , c« c3 o a K •/: M O -d -3 -c CO to O Q, tc c C c5 — «= <1J O 0) ^ « « PQ ^ ^O^ ^ Q CI. Q § 0_ tO^ 00^ Cl^ pT oT t-T i-J^ ^ 00 Oi CO r-^ -i*^ o^ 00 oT o t-^ CO O Q O CO I 00 ?I o ec to C4 c> 3 3 M Ol t- o 3 -I* (O CO S5 •1-2 c 3 < « o STATEMENT "OF THE PUBLiC DEBT. 503 ^ f^ <3 u ^ o> t3> o ^__ M o> 1 rj* o> ■«»l to ■<* o Ol 1^1 o> CO ^^ 0> ^, to CO lO 3!l o to *S2m «_ oT C3d o" co__ o" S o.'g o c. o CO kA CO 00 -r o_ t-^ c *e — «o p2 S s 5 P PQ •o ^ , fH o t— <» O) to ■« a " (N a> IM to a> 1 = 1 ID to- in" co" CR* It^ S la --^'-N •b^ ■° s IM o> to CO to to CO .n lO o t- Ol o d 3ts O CO CO to CI CO to CO C5 5 C-l to S "=^ o o o £.02 I— ^ ^ Oi^ 00^ o_ o m -a co" •rs IM r^ -h" t-T o" 3 lO rH 00 lrt> CO QJ ^ co_ lO US co S, 'a co" <& cP hH "B-H t- o CO irt OS o o -X = 3 « o o> to Tj. o o "* o a- .« o •*< in -K o ^ o> o a> o to to o ^^ o o o o. to ■<*^ tjT co" tC" co- oT o" ■>* co ■* Tl< to " o t- la tD__ t- z *f> ■^ "2 (-( C3 i 13 •B ^ to I-H TS ^ 1 fl >» T >i a a tS >i X" C3 ea 1 >>-<■ >> rn" >> r4 ^.r-i cj >> * >. ^ to rH s >. fe >. b« IS == "3 1^ i§ — g-^ c c« g § h-l ■-5 •-5 i-s •-5 1-5 •-5 1-5 t4 £ E 6 p w- E E O o o o o _2 > tH u B2. ca ct C8 03 Si ■a 5> o o o c3 o o ^ s CO CO CO O 'O CO CO CdC^ w -4^ <0 4> o S t> o CI o o <£ s L< ^ f_ u t-t (4 a) © (U PS = 0. a. a, o. p. p. o to -d ^ -C i, fl _<^ te c "B o g o '3 cd c« 08 .2 "^ pa cT-g rt __ tn -2 0) -t-^ C3 (^ CO III! C8 O <2 a "a G 3 eu a a u > _>> _>. >. >. >. (B ■M "3 3 "3 3 "3 3 >-» •-5 >-3 "-5 >-s •-5 % "73 13 •o •o •a "d la C a a fl H O) ce <« ec c« OS « •^ •c .» >.g >>« thg >.§ 75 1-1 S '" 3 -* "s. ""^ 3 "^ 3 "^ •5 •^ •-8 >» ►1 •^ ' XLIX. MISCELLANEOUS MATTERS. Letter from General Sherman. THE SDKREKDER OF GENKRAL JOS. E. JOHNSTON. Tu the editor of the Trihiuie. Sir; In your issue of yesterday is a notice of Mr. Healy'.'* picture, representing the interview between Mr. Lincoln, General Grant, Admiral Porter, and myself, whicli repeats substantially the account published some tune ago in Wakes' Spirit of the Times explanatory of that inter- view, and attributing to Mr. Lincoln himself the paternity of the terms to General Johnston's army at Durham, in April, 1865 * I am glad you have called public attention to the picture il.=elf, because I feel a personal inter- est that Mr. ilealy should be af)preciated as one of our vf^ry best American artists. But some friends here think by silence I may be construed as willing to throw off on Mr. Lincoln the odium of those terms. If there be any od«um, which I doubt, I surely would not be willing that the least t^how of it should go to Mr. Lincoln's mem- or}', which I hold in too much veneration to be stained by anything done or said by me. I un- derstand that the substance of Mr. Wilkes's orig- inal article was compiled by him after a railroad conversation with Admiral Porter, who was pres- ent at that interview, as represented in the pic- ture, and who made a note of the conversation immediately after we separated. He would be more likely to have preserved the exact words used on the occasion than I, who made no notes, then or since. I cannot now even pretend to re- call more than the subjects touched upon by the several parties, and the imfiression left on my mind after we parted. The interview was in March, nearly a month before the final catastro- phe, and it was my part of the plan of opera- tions to move my army, reinforced by Schofield, then at Goldsboro', North Carolina, to Burkes- ville, Virginia, when Lee would have been forced to surrender in Richmond. The true move left to him was a hasty abandonment of Richmond, join his force to Johnston's, and strike me in the open country. The only question was, could I Kustain this joint attack till General Grant came up in pursuit? I was confident I could; but at the very laoment of our conversaiion General Grant was moving General Sheridan's heavy force of cavalry to his extreme left to prevent this very contingency. Mr. Lincoln, in hearing us speak of a final bloody battle, which I then thought would fall on me near Raleigh, did ex- claim, more than once, that blood enough had already been shed, and he hoped that the war would end without any more. We spoke of what was to be done with Davis, other party • For t.bese terms, see Politinal Manual for 1866, and the JHaEd-Book of Politics for 186H, p. 121. leaders, and the rebel army; and he left me un- der the im[iression that all he asked of us was to dissipate tiiese armies, and get the soldiers back to their homes anyhow, the quicker the better, leaving him free to apply the remedy and the restoration of civil law. He (Mr. Lincoln) surely left upon my mind the impression, war- ranted by Admiral's Porter's account, that he had long thought of his course of action when the rebel armies were out of his way, and that he wanted to get civil governments reorganized at the South, the quicker the better, and strictly conforming with our general system. I had been absent so long that I presumed, of course, that Congress had enacted all the laws necessary to meet the event of peace so long ex- pected, and the near approach of which must then have been seen by the most obtuse, and all I aimed to do was to remit the rebel army surrendering to me to the cotiditions of the laws of the country as they then existed. At the time of Johnston's surrender at Durham, I drew up the terms with my own hand. Breckinridge had nothing at all to do with them more than to discuss tlieir effect, and he knew they only applied to the military, and he forthwith pro- ceeded to make his escape from the country; a course that 1 believe Mr. Lincoln wished that Mr. Davis should have succeeded in effecting, as well as all the other leading southern politicians against whom public indignation always turned with a feeling far more intense than against Generals Lee, Johnston, and other purely mili- tary men. I repeat, that, according to my memory, Mr. Lincoln did not expressly name any specific terms of surrender, but he was in that kindly and gentle frame of mind that would have in- duced him to approve fully what I did, except- ing, probably, he would have interlined some modifications, such as recognizing his several proclamations antecedent, as well as the laws of Congress, which would have been perfectly right and acceptable to me and to all parties. I dislike to open this or any other old ques- tion, and do it for the reason stated, viz, lest I be construed as throwing off on Mr. Lincoln what his friends think should be properly borne by me alone. If in the original terms I had, as I certainly meant, included the proclamations of the Presi- dent, they would have covered the slavery ques- tion and all the real State questions which caused the war: and had not Mr. Lincoln been assassinated at that very moment, I believe those "terms" would have taken the usual course of approval, modification, or absolute disapproval, and been returned to me, like hundreds of other official acts, without the newspaper clamor and 604 MISCELLANEOUS MATTERS. 505 nnpleasant controversies so unkindly and un- pleasantly thrust upon me at the time. I am, truly, yours, W. T. Shermak, Oentral. Washington, D. C, April 11, 1869. 'President Grant's Proclamation for the 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 convention which met in Jackson, Mississippi, to the voters of said State registered at the date of such submission, viz, November 30, 1869. And I submit to a separate vote that part of Bection 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 all 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- construction acts of the said 39th and 40th Congresses, (and the legislature of this State shall concur therein.) then so much of this oath, and so raucli only, as refers to the said recon- struction acts, shall not be required of such per- son 80 pardoned to entitle him to be registered " And 1 further submit to a separate vote sec- tion 5 of the same article of said constitution, whicli 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 passed 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 [jersons 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 constitution, within the United States, hostile or inimical thereto, except all persons who aided reconstruction by voting for this convention, or who have continuously advocated the assem- bling of this convention, and shall continuously and in good faith advocate the acts of the same ; but the legislature may remove such disability: Provided, That nothing in this section, except voting for or signing the ordinance of secession, siiall be so construed as to exclude from office the private soldier of the late so-called Confed- erate btates army." And I further submit to a separate vote sec- tion 5 of article XII of the said constitution, which 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 phall thIay 10, 1870. g Qualified December «, 18G9, in place of E. B. Washburne, resignea. II Qualified MarVh 31, 1870. II Qualified February 23, 1870, in place of Benjamin F. Hopkins, deceased. LI. JUDICIAL DECISIONS. SUPREME COURT OF THE UNITED STATES. On the Validity of Contracts in Confederate Money. December Term, 1868. Thorington 1 Appeal from the district court for the a ^^li. C middle district of Alabama. Smith. ) The Chief Justice delivered the opinion of the court. The questions before us upon this appeal are these : (1.) Can a contract for the payment of Con- federate notes, made during the late rebellion, between parties residing within the so-called Confederate States, be enforced at all in the courts of the United States? (2.) Can evidence be received to prove that a firomise expressed to be for the payment of dol- ars was, in fact, made for the payment of any other than lawful dollars of the United States? (3.) Does the evidence in the record establish the fact that the note for the thousand dollars was 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 Con- federate notes were issued in furtherance of an unlawful attempt to overthrow the Government of the United States by insurrectionary force. Nor is it a doubtful principle of law that no con- tracts made in aid of such an attempt can be enforced through the courts of the country whose government 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 De considered. It is familiar history, that early in 1861 the authorities of seven States, supported, as was alleged, by popular majorities, combined for the overthrow of the 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 constitution and after- wards under a constitution intended to be per- manent. In the course of a few months four other States acceded to this confederation, and the seat of the central authority was transferred to Richmond, in Virginia It was by the cen- tral authority thus organized, and under its direction, 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 t«rritory of the States confederated in insurrec- tion. It was the actual government of all the insurgent States, except tliose portions of them protected from its control by the presence of the armed forces of the national Government. What was the precise character of this govern- ment in contemplation 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 qualifica- tion. But the general principles of law relating to de facto government will, 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 adnerents 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 dejure when restored. Examples of this description of government 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, though warranted in so doing by the law- ful monarch.! But tliis is where the usurper obtains actual possession of the royal authority of the kingdom, not wlien he has succeeded only in establishing his power over particular locali- ties. Being in possession, allegiance is due to him as king de facto. Another example may be found in the gov- ernment of England under the Commonwealth, first by Parliament, and afterwards 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. It incurred obligations and made conquests which remained the obligations and conquests of Eng- land after the restoration. The better opinion 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 acts were protected from criminal prosecu- tion by the spirit, if not by the letter, of the statute of Henry VII. It was held otherwise by the judges by whom Sir Henry Vane was *2 British Stats, at Large, 82. t4 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 as a de facto government 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 tlie 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 (1) that 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 treaty of peace in 1815, according to the judgment of this court in United States vs. Rice,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 Britisn 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 tlie troops of the United States. It was determined by this court, in Fleming vs. Page, J 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 •8 State Trials, no. fi Wheaton, 253. X 9 Howard, C14. States. These were cnses 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, m the 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 gov- ernments of which these are examples. It is to be observed, that tlie 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 unlawfully gained, in all matters of government within its 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- lishmentof 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 im[)0ssible. 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, tliese 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." Wliile the war lasted, how- ever, they had a certain contingent value, and were used as money in nearly all tlie business transactions of many millions of people. They must be regarded, tliorefore, as a currency im- posed on the community bj' 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 tlie 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 insurrectioa. JUDICIAL DECISIONS, ETC. 511 We cannot doubt that such 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, mirst 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 of 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 citizens 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 foreign 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 made 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 g;overnment 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 tender, 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, ratner 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 sura 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 sliut 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 be received in respect to such contracts, 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 is enough 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 Constitutionality of Legal-Tender Clause as relates to Contracts made priqr to its adop- tion. December Teem, 1869. Susan P. Hepburn and Henry") j„ „„„„„+„ +u„ „„„..* „« Henry A. driswold. J °'' Kentucky. (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 debts contracted after enact- ment. (2.) The cases of Lane County vs. Oregon, Bronson vs. Rodes, 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 deliverj' 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 Supreme Court to compare the act with the fundamental 512 POLITICAL MANUAL. law, and if the former cannot, upon a fair con- Btruction, be reconciled witli the latter, to give effect to the Constitution rather than the statute. (3.]) There is in the Constitution no express grant 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 or 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 to effect objects intrusted to the Government. (5.) Among means appropriate, plainly adapt- ed, not inconsistent witii the spirit of the Consti- tution, nor proJiibited by its terms, the legislature has unrestricted choice; but no power can be derived by implication from any express power to enact laws as means for carrying 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 apfiropriate, plainly adapted, or really calculated to carry into effect any express fiower vested in Congress, is inconsistent with he 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, 60 far as it applies to debts contracted 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 money, not expressly stipulating otherwise, were, in legal effect and universal understanding, contracts for the pay- ment of coin, and, under 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 coin, 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 of 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, liS')2, is obliged by law to accept in payment United States notes, equal in nominal amount to tlic sum due according to its terms, when tendered by the maker or other party bound to pay it. And this requires, in tlie first jilace, a construc- tion of that clause of the first section of tlie act of Congress passed on that day which declares the United States notes, the issue of whicli was authorized bv the statute, to be a legal tender in payment of clebts. The entire clause is in these words: "And such notes, herein authorized, shall be receivable in payment of all taxes, internal duties, excises, debts, and demands of every kind due to the United States, except duties on imports, and of all claims and demands against the United States of every kind whatsoever, except for interest upon bonds and notes, which shall be paid in coin ; and shall also be lawful money and a legal tender in payment of all debts, public and pri- vate, within the United States, except duties on imports and interest as aforesaid." * This clause has already received much consid- eration here, and this court has held that, upon a sound construction, neither taxes imposed by State legislation,! nor demands upon contracts which stipulate in terms for the payment or de- livery of coin or bullion, | are included by legis- lative intention under the description of debts public and private. We are now to determine whether this de- scription embraces debts contracted before as well as after the date of the act. It is an established rule for the construction of statutes that the terms employed by the legis- lature are not to receive an interpretation which conflicts with acknowledged principles of justice and equity, if another sense, consonant with those principles, can be given to them. But this rule cannot prevail where the intent is clear. Except in the scarcely supposable case, where a statute sets at naught the plainest pre- cepts of morality and social obligation, courts must give effect to the clearly ascertained legis- lative intent, if not repugnant to the fundamental law ordained in the Constitution. Applying the rule just stated to the act under consideration, there appears to be strong reason for construing the word debts as 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 makes a legal tender in payment, are essentially unlike in nature, and, being irredeemable in coin, are necessarily unlike in value, to the lawful money intended by ])arties to contracts for the payment of money made before its passage. The lawful money then in use and made a legal tender in payment consisted of gold and silver coin. Tlie currency in use under the act, and de- clared bj'' its terms to be lawful money and a legal tender, consists of notes or promises to pay, impressed upon paper prepared in convenient form for circulation, and protected against coun- terfeiting by suitable devices and penalties. The former possess intrinsic value, determined by the weight and fineness of the metal; the lat- ter have no intrinsic value, but a purchnsing value, determined by the quantity in circulation, by general consent to its currency in jiayments, and by opinion as to the probability of redemp- tion in coin. Both derive, in different degrees, a certain additional value from their adaptation to circu- lation by the form and impress given to them under national authority and from the acts piak- ing them res]iectively a legal tender. Contracts for the f>ayment of money, made before the act of 1862, had reference to coined money, and could not be discharged, unless by * 12 tinitod States Stats., 345. f J-tune County vs. Ore- jion, 7 Wnll., 71. J Bnmson vs. Rodes, 7 Wall., 229; But- ler vs. Uorwitz, 7 Wall., 258. JUDICIAL DECISIONS, ETC. 513 consent, otherwise than by tender of the sura 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- niently and promptly convertible into coin at the will of tlie holder, can never, except under un- usual and abnormal conditions, be at par in cir- culation 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 witli 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 promissorj^ 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 J)oint, to accept in payment a thousand note dol- ars, although with the thousand coin dollars, due under tlie contract, he could have purchased on that day two thousand eight hundred and fifty such dollars Every payment, since the passage of 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 im]>airs its obligation, and that the extent of impairment is 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, if any other can be reconciled with the manifest intent of the legislature. What, then, is that manifest intent? Are we at liberty, upon a fair and reasonable construc- tion of the act, to say that Congress meant that the word "debts" used in the act should not include debts contracted prior to its passage? In the case of Bronson vs. Rodes we thought ourselves warranted iii holding that this word, as used in the statute, does not include obliga- tions created by express contracts for the pay- ment of gold and silver, whether coined or in bullion. 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- 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 iike pay- ments, without which, indeed, the provisions re- lating to government payments could hardly have practical effect. 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 ditfer- ence in its operation on different descriptions of debts payable generally in money, that is to say, in dollars and 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 ffiture day, or arising and becoming due under subsequent contracts. A strict and literal construction, in- deed, would, as suggested by Mr. Justice Story,* in respect to the same word used 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 debts 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. Those 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 reluctantly ; 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 of 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 delogated to it by * 1 Story on Const., g 921. 514 POLITICAL MANUAL. the people. All the legislative power granted by the Constitution belongs to Congress; but it bas no legislative power whicb is not thus granted. And the same observation is equallv true in its application to the executive and judicial powers granted respectively to the President and the courts. All these powers differ in kind, but not in source or in limitation. Thev 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 they 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 parties, 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 express declaration of the Consti- tution itself, in these words : "The Constitution, and the laws of the United States which shall be made in pursuance thereof, 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 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- garded as the supreme law of the land ; nor is it by every act ot 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 Constitu- 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 m not the supreme law; it is neither necessary nor useful, in any case, to inquire whether or not any act of Congress was passed in pursuance of it ; and the cath which every member of this court is required to take, that he " will administer justice w)thout 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 United 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 the defendants a certain sum expressed on the face of a promissory note. The defendants in- eisted on the right, under the act of February 25, 1862, to acquit themselves of their obliga- tion by tendering in payment a sum nominally equal in United States notes. But the note had been executed before the passage of the act, and the jilaintiff insisted on his riglit under the Con- etitution to be paid the amount due in gold and silver. And ithas not been and cannat be de- nied, that the plaintiff was entitled to judgment accordins; to his claim, unless bound by a consti- tutional law to accept the notes as coin. Thus two questions were directly presented: Were the defendants relieved by the act from the obligation assumed in the contract? Could the yilaintiff 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 by writ of error. It becomes our duty, therefore, to determine whether the act of February 25, 1!^G2, 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 to the best of our ability and understanding, we shall proceed to dispose of th? 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 department 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, to mark, by sufficiently definite lines, the sphere of its operations. To this end it was nee-h'ul only to make express grants of general powen, <;oupled with a further grant of such incidental . nJ aux- iliary powers as might be required for o.^^ exer- cise of the powers expressly granted. 'ihesart of the history, that other issues, bearing 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 furtlier 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 tlie 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, tlien, to tiie question under conside- ration. No one questions the general constitu- tionality, and not very many perhaps the gen- 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 circula- * 12 United States Stats., 345, .'i32, and 709. +12 United States Stats., 711. tl2 United States Stats., 6G9. jlS United States Stats., 218, 425. 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 disDursements 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 wlien 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 better 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 tlie re- ceivability clause appears to have been in the original draft of the bill, 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 that 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, by 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. J3ut it may be said that the depreciation will he 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 place; 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 availabilitj' 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 flow 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 furtherance 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 injures the currency in its proper use to a much greater degree. And these considerations seep 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 j)lainly adapted means to its exercise, the power of mak- ing circulating notes a legal 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 therulestated by Chief Justice Marshall the words "appropriate," ''plainly ada[)ted," "really calcu- lated," are qualified by the limitation that the meaus 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. I When the Constitution was undergoing discus- I sion in the convention, the Congress of the 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 in 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 bortajide 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 State 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 express power to enact bankrupt laws, and we do not say that a law made in the execution of anj' 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 De 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 that, 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 shall 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 civilized men exists 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 wl:i>;-h imndentally only imjtairs its value. And it may be urged in illustration that the holders of stock in a turnjiike, a bmlgc, or a manufacturing corporation, or an insurance com- pany, or a bank, cannot invoke its protec'ion against legislation which, by auliiorizing similar works or corporations, reduces its price in tho market. But all this does not appear to meat 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 liolders 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 bo more obvious. No one probably could be found to contend that an act enforcing the acceptance of fifty or seventj'-five acres of land in satisl'action 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 terms. 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 tho reiaiblic almost universal, different views, never before enter- tained bv 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. Some who were strongly averse to making government notes a legal tender felt themselves constrained to acquiesce in the views of tho advocates of the measure. Not a few who then insisted upon its necessity, or acquiesced in that view, hifve, 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 ?.n- nounced. These conclusions 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 jilaintiffs 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 bo affirmed. JUDICIAL DECISIONS, ETC. 519 It is proper to say that Mr. Justice Grier, who was a member of the court when this cause was decided in conference,* and when this opinion was directed to be read.f stated his judgment to be that the legal-tender clause, properly con- strued, has no application to debts contracted prior to its enactment; but that upon the con- Etruction given to the act by the otlier 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 be sub- divided into the positive and tne 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. The implied or auxiliary powers of legislation are founded largely on that 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 oiEcer thereof." The question which 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 any 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- tution. 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 silver coin a tender in payment of debts;" thus removing the whole matter from the domain of State legislation. No such prohibition is placed upon the power of Congress on this subject, though there are, as I have already said, matters expressly forbidden to Congress; but 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 * Noy. 27, 1869. t Jan- 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 otlier 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 carrying into etiect some of the powers of the Government essential to its successful operation, to make its securities perform the office of money in the payment of debts, such 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 the 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- partment 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 literal 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 from authorizing the use of any means which could not have been used without it, is a restriction upon the powers ne- cessarily implied by an instrument 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- stitution, its necessity must be absolute, and its adaptation to the conceded purpose unquestion- able Nowhere has this principle been met with more emphatic denial and more satisfactory refu- tation than in this court. That eminent jurist and statesman, whose official career of over thirty years as chief justice commenced very soon after the Constitution was adopted, and 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 fullest con- sideration. In the case of the United States vs. Fisher, (2 Cranch, 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 under the authority to make all laws which shall bo 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 etfect to a specified power. Where various systems raight 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 McCulloch 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 it always 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 tiling mav be neces- sary, very necessary, absolutely or indisnensably necessary." * * * "This word, then, like others, is used in various senses, and in its con- Btruction the subject, the context, the intention of the per.son u.«ing them are all to be taken mio 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 clioice of means to such narrow limits as not to leave it in the power of Congress to adopt any which might be appropriate and which were conducive to the end. This provis- ion is made in a constitution intended to endure for ages to coine, and consequently to be adapted to various crises of human affairs. To have prescribed the means by which the government should in all future time execute its powers would have been to change entirely the charac- 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 tho.se alone without which the power given would be nugatory, 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- 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 prophetic. 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 iiseu 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. But it is said that the clause under considera- tion is admonitory as to the use of implied powers, and adds nothing to what would have 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 refer 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 efficient 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 )janks 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 purcliases and army paj-ments, 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 we are now called upon to construe with such nice and 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 cotfers of the commissary and quartermaster. It furnished a medium for tlie payment of private debts, as well as public, at a time when gold was being rapidly withdrawn from circulation and the State-bank currency was becoming worthless. It furnished the means to the capitalist of buying the bonds ol the Government. It stimulated trade, revived the drooping energies of the country, 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 of trade, 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, includmg 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 circulation 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 been stretclied 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 tlie form of the security given would have revived this sinking credit? On the contrary, all experience shows that a currency not redeemable promptly 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 compelled 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 tliey were made to discharge the function of paying debts, they had a per- petual credit or value equal to 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 tlien, and always have been, eagerly sought by the people. To say, then, tliat 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 bonds had a fixed period for their 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 necewity 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 that 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 through this measure. Certainly it seems to the best judgment that I 522 POLITICAL MANUAL. can bring to bear upon tlie subject that this law was a necessit}' 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 tliis court, how can we avoid this conclusion ? Can it be said that this pro- vision did not conduce towards the jiurposeof borrowing money, of paying debts, of raising armies, of suppressing insurrection? or that it was not calculated to effect these objects ? or that it was not useful and essential to that end? Can it be said that this was not among the choice of means, if not the only means, wliich were left to Congress to carry on this war for national existence ? Let us compare the present with other cases decided in this court. If we can say judicially that to declare, as in the case of the United States vs. 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 creatfton 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 w~as 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 mucli less apparent to me than in the adojition 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, wliether 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 i)ower, undertaken to provide a currency for the whole country, it cannot be questioned that Congress may constitutionally secure the benefit of it to the pjeople by appro- priate means." Which is the more appropriate and effectual means of making the currency es- tablished by Congress useful, acceptable, perfect — the taxing of all other currency out of exist- ence, or giving to that furnished by the Gov- ernment the quality of lawful tender for debts? The latter is a means directlj- 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 jiower, protect and I'oster 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 tlie redemption of which its faith is [iledged, a lawful tender in payment of debts. But it is said that t!ie 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. iJut 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 bankru[itcy, the essence of which is to ilischarge debtors from the obligation of their contracts; and in ])ursuance of this power Con- gress has three times passed such a law, which in every instance operated on contracts made Ijefore it was passed. Such 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 diflicult to perceive. So it is said that the provisions, that private 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 the acts under consideration. The argument is too vague for my perception by which tlie indirect effect of a great public meas- ure, in depreciating the value of lands, stocks, bonds, ana other contracts, renders such a law invalid as takinjr private property for public use or as depriving tlie ownerof it without due course of law. A declaration of war with a maritime power would thus be unconstitutional, because the value of every sliip abroad is lessened twenty-five or thirty per C(;nt. and those at home almost as much. The abolition of the taritf 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 issue of government bonds during the war was void, because by increasing the public debt it made tho.se already in private hands less valuable. This whole argument of the injustice of the law, 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, is too abstract and intangible for application to courts (f 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 void 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 lo 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 Government, to undertake here to inquire into the degree of its necessity would be to pass the line which circum- scribes the judicial department, and to tread on legislative ground. This court disclaims all pre- tences to such a power." This sound exposition of the duties of the court in this class 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 that Mr. Justice Swayne and Mr. Justice Davis concur in this opinion. Note.— When this decision was made the court con- sisted of eight judge.s, tliere being one vacancy, caused by the death of Judge Wayne, of Georgia. Thefivewho concurred in the decision are Chief Justice Chase and Associate Justices Nelson, Clifford, Grier, and Field. Of these, the iirst three are understood to hold the le- gal-tender clause unconstitutional for all purposes, and the latter two as unconstitutional as to prior con- tracts only. B Since the decision was pronounced. Associate Jus- tices Strong and Bradley have been added to the bench, the former in place of Associate Justice Grier, the latter in place of Associate Justice Wayne. There is a strong impression that the full court will reverse the above decision wlienever a case involving the ques- tion may arise.— E. McP. On the Eight of the United States Government to Tax State Banks. Pecember Term, 1869 TliePresident, Directors, and"] Certifieate of division Company of the Veazie in opinion between Bank, plaintiffs, I the judges of the cir- vs. ( cuit court of the Uni- Jeremiah Fenuo, collector of t ted States for the dis- internal revenue. J trict of Maine. 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 which had hitherto prevailed, these changes, more or less distinctly shown in administrative recom- mendations, took form and substance in lemsla- tive acts. We have now to consider, within a limited range, those which 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 legislation, of various degrees of credit, and very unequal resources, administered often with great, and not unfroquently with little skill, prudence, and in- tegrity. The acts of Congress then in force pro- hibiting the receiptor 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* regulation 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 authorizing the emission of notes by the Treasury Department for circulation was that, of July 17, ISGl.f The notes issued under this act were treasury notes, payable on demand in coin. The amount authorized by it was fifty millions of dollars, and was increased by the act of February 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 just referred to, and for some- time afterwards they continued to be paid in 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 the country, and was adopted. The notes hitherto issued, as has just been stated, were called treas- * See the act of December 27, 1854, to suppress small notes in the District of Columbia, 10 U. S. Stats., 599. tl2 U. S. Stats., 259. J 12 U. S. Stats., 338. gl2 U. S. Stats., 345. 5Q4: 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 paj'able to bearer, but not expressed to be paj'able on demand, to the amount of $150,OtH3,bOO; and this amount was increased bv Bubsequent acts to $450,000,000, of which $50"- 000,000 were to be 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 alwaj's convertible into or receivable at par for bonds payable in coin, and bearing coin interest, at a late not less than five per cent., and the acts by which they were authorized declared them to be lawful money and a legal tender Tliis currency, i.-sued 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, the act authorizing national banking associations! 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 authorized 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, § which was substituted for the act of February 25, 1863, authorizing national banking associa- tions, tiie rate of tax on circulation was continued and ap[ilied 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, 1861, || to provide ways and means for tiie supjiort of the Govern- ment, the tax on the circulation of the State banks was also continued at tlie same annual rate of one per cent., as before, but payment was required in monthly installments of one-twelfth of oae jier 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 jiroper authorities of the exact amount of paper mono}'- in circulation, with a view to its regulation by law. The first step taken by Congress in that direc- tion v.-as by the act of >}uly 17, 1862,^ 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 Bome raontlis later by the act of March 3, 1SG5, amendatory of the prior internal revenue acts, the (itli 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 tne notes of any State •Act of July 11,1802, 12 U. S. Ptats., .')32 ; act of March 3, 18(;:t, 12 U. 8. Htats., 71ii. + 12 U. S. Stat.s., C7II. ;'' 12 V. 8. 6(at^., 712. Jl.l (J: S. btat.s.. 111. [ la U. 8. Stats., 277 \12U. S. Stat.s,592. bank or State banking association paid out by them after the 1st day of July, 1866."* Tlie same provision was re-enacted, with a more extended application, on the lotliofJuly, 1806, in tliese words : " Every national banking association. State bank, or State banking asso- ciation, shall pay a tax of ten per centuiu on th& amount of notes of any person, State bank, or State banking association, used for circulation and jiaid out by tliem after the 1st day of August, 1860, and such tax shall be assessed and paid ia such manner as sliall be prescribed by the Com- missioner of Internal Revenue." f The constitutionality of tliis last provision is- now drawn in question, and this brief statement of the recent legislation of Congress has beea made for the purpose of jdacing in a clear light its scope and oearing, especially as developed iu the provisions just cited. It will be seen that when the jiolicy of taxing bank 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 the (KHintry had been sufliciently furnished with a national currency by the issue of United States notes and of national bank notes, the discrimi- nation was turned, and very decidedly turned, in tlie 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 opinion between the judges of the circuit court of the United States for the district of Maine, ia 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, and 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 rela- tion to the State as a finaucial agent, or tiiat its authority to issue notes was conferred or exer- cised with any special reference to other than private interests. The case was presented to the circuit court upon an agreed statement of facts; and upon a prayer for instructions to the jury the judges found tliemselves opposed in opinion on three questions, the first of whicli is this : " Whether the second clause of the 9th sectioQ of tiie act of Congress of the 13tli of July, 1S6G, under which the yix in this case was levied and collected, is a valid and constitutional law?" Tlie other two questions difier from this in form only, and need not be recited. In support of the position that the act of Con- gress, so I'ar as it provides for the levy and col- lection of this tax, is repugnant to the Constitu- tion, two propositions liave been argued with much force and earnestness. * 13 U. S. Stats., 484. 1 14 U. S. Stats, 148. 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 i'ranchise granted by the iState, 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 and collect taxes, duties, im- posts, and excises, to pay the debt and provide for the common defence and general welfare of the United States." More comprehensive words could not have been used. Exports only are by another provision excluded from its application. There are, indeed, 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 with 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 describe 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 t. 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 indirect taxation, there is nothing which afibrds 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 warranted them 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 tax was imposed, the total amount was fixed at $2,000,000;* in 1813, the amount of tlie second direct tax was fixed at $3,000,000 ;t in 1815, the amount of the third at $6,000,000, and it was marie an annual tax; J 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 otlier direct tax was imposed until 1861, when a direct tax of $20,000,000 was laid and made annual ;|| but 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. Thei^e subjects in 1798,^ 1813,** 1815, If 1816,Jf 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., 597. f Act of Au- gust 2, 1813, 3 U S. Stats , .03. .t Act of July 9, 181.5, 3 U. S. Stats., 1G4. § Act of March 5, 1846, 3 U. S. Stats., 255. II Aft of August 5,1801, 12 U.S. Stats., 294. 1[ Act of July 9, 1798, 1 U. S. Stats., 586. ♦♦Act of July 22, 1813, 3 U. 8. Stats., 26. tt 3 U. S. Stats,, 166. JJ 3 U. S. Stats., 255. 526 POLITICAL MANUAL. cents on eacn; under tlie other acts, according to Valuation b)' assessors. This ret'iew f^hows 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 he considered as an exception to this observation. But the exception is rather apparent than real. As persons, slaves were pro}>er subjects of a capi- tation tax, whicli is described in the Constitution as a direct tax ; as property, tiiey were by the laws of some, if not most, of tlie States classed as real property, descendible to heirs. Under the first view, tiie}^ 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 realty. That the latter view was that taken by the framers of the acts after 17'JS be- comes highly probable, wlien it is considered that in the States where slaves were held much of the value which would otherwise have attached to laud passed into the slaves. If indeed the land only had 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 pojiulation, 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 showing, as t-ome 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, tliat in the practical construction 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- eideration, especially in the absence of anything adverse to it in the discussions of the conv'ention 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 represeutalion 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 difliculty ;" and, speaking doubtless of direct tax- ation, he went on to observe, "The sum allotted to a State rnay be levied without dilficulty, 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 bo levied by capitation, and on lands and appurtenances; :;r, perhaps, by valuation and asse.ssment of per- gonal 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 years before the enactment of the first law imposing direct taxes eo nomine. During the February terra, 179G, the constitu- tionality of the act of 1794, imposing a duty on carriages, came under consideration in the case of Ilylton vs. The United States.*'' Suic was brought by the United States against Daniel Ilylton to recover the penalty imposed by the act for not returning and paying dutj^ on a num- 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, tlie law was confess- edly unwarranted by the Constitution. Tiie 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 op[iosition to the tax, by Campbell, attorney for the Virginia district, and IngersoU, attorney general of Pennsylvania. Of the justices who then filled this bench, Ells- worth, Paterson, and Wilson had been members, and conspicuous members, of the constitutional convention, and each of the three liad 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 commission 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. Cliase, J., was inclined to think that the direct taxes contemplated by the Constitu- tion are only two: a ca];)itation or poll tax, and a tax on land. He doubted whether a tax by a general assessment of personal jiroperty can be included within the term direct tax. I'aterson, 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: " VVJiether direct taxes, in the sense of the Con- stitution, comprehend any other tax than a capi- tation tax and tax on land is a questionable point. If Congress, for i'..oiauce, should tax, in the aggregate cr riiciss, things that generally per- vnde 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 framers of the Constitution contemplated as falling within the rule of apportionment were a capitation tax and a tax on land."f *3Dall., 171. tSDall., 177. JUDICIAL DECISIONS, ETC. 5-17 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 Gushing expressed any dissent; and it can- not be supposed if, in a case so important, their judgments had differed from those announced, that an opportunity would not have been 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 established, upon the testimony of Paterson, that the words direct taxes, as used in the Constitution, comprehended only capitation taxes and taxes on land, ami 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 coUectoJ by the rule of uniformity. The tax under consideration ia 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 be 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 case 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 pass laws, to give effect to laws through executive action, to administer justice through the courts, and to era- 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 for 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 questioned that these con- tracts of the company are objects of taxation 7 Wall., 453. ' within the powers of Congress, ami not exempted by any relation to the State which granted the charter of the railroad. And it seems ditBcult j to distinguish the taxation of notes issued for circulation from the taxation of these railroad I contracts. Both descriptions of contracts are j means of profit to the corporations which issue I them ; and both, as we think, may properly be ! made contributory to the public revenue. I 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, but 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 \ise 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 explained in the 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 maj' constitutionally 628 POLITICAL MANUAL. secure 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 couulerleit 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 tax 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 si ma- jority of the court in this case. The Veazie Bank was incorporated by the Legislature of tlie State of Maine in 184^, with a capital of $200,000, and was invested with tlie customary powers of a baniiing 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 tiie Constitution is as follows: " The powers not delegated to the Uni- ted States by the Constitution, nor [)roliibited by it to the States, are reserved to the States respect- ively or to the people." On looking into the Constitution it will l)e found that tiiere is no clause or provision which, either expressly or by reasonable implication, delegates this power to the federal Government, whicli originally belong- ed to the States, nor which prohibits il to them. In the discussions on the subject of tlie creation of the first bank of the United States in the first Congress and in the Cabinet of Washington, in 17110 and 1791, no question was made as to the constitutionalit}'' of the State 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 Consiitution, the govern- ment under which they were then engaged in organizing, was, whetlier or not Congress pos- sessed a concurrent power toincor[)Orate a bank- ing institution of the United States. Mr. Hamilton, in iiis celebrated report on a national bank to the House of Re[iresentatives, discusses at some length the question whether or not it would be expedient to substitute the Bank of Nortli America, located in Pliiladelphia, and which had accepted a charter from the Legisla- ture of rennsylvania, in the place of organizing a new bank. And, althougli 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 tliis court in McCulloch t>s. 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 Ifad the power conferred on it by the States to estab- lish a national bank. As we have said, that question was closed by the judgment of this court in McCulloch 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" "emitbills 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 gold and silver coin a tender in payment of debts." 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, as 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. J29 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, in 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 ■««. Trapnall, (10 How., 205 ;) in Danington vs. 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 greater authority of Mr. Hamilton, the earliest Secretary of the Treasury, may be cited in sup- port of a diiferent 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 the case 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 their notes were not intended nor were considered as bills of credit. (1 Kent's Com., p. 409, marg. note A, 10th 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 uplield consistently with the enjoyment of this power. The act of Congress of July 13, 1866, (14 U. S. Stats., 146, ^ 9,) declares tliat the State banks shall pay ten per centum on the amount of 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. Ih 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, § 120,) besides a duty of one twenty-iburth of one per centum monthly u]>on all deposits, and the same monthly duty upon the capital of the bank. (/&., 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 property, 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 theproperty 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 with 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 insti- tutions are liable. As we have seen, in the forepart of this opin- ion, the 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 this right. As to the powers thus reserved, the 530 POLITICAL MANUAL. States are as supreme as before they entered into the Union, and are entitled to the unrestrained exercise 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 be 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 itnder 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 case 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 tliat 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 the State governments, which are essential to their sovereignty and to the efl5cient and inde- pendent 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 statessnen who founded it. These states- men scrupulously abstained from any encroach- ment upon the reserved rights of the States, and within these limits sustained and supported them as sovereign States. We say nothing as to the purpose of this heavy tax of some sixteen per centum upon the banks, ten of which we cannot but regard as im- posed upon the power of the States to create them; indeed tlie 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 tlie States; and, if we are at liberty to judge of the purpose of an action from the consequences that nave followed it, ii is not, perhaps, going too far to say that these consequences were intended. [I am instructed to say that Mr. Justice Davis concurs in this oj'inion.j On the Right of the State Governments to Tax National Banks. December Term, 1869, TheFirst National Bank of Louis-] In error to Vh© ville, plaintiff in error, I court of appeals vs. I of the State of 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 distinct 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 Government 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 shares, 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, 18d4, (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 t!:ing 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 capiilai is a tax upon the bank, and we have held that when that 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 liave held that the shareholders or stockholders, by which is meant the same thing, may be taxed by the States on slock or shares so held by them, although all the JUDICIAL DECISIONS, ETC. 53] capital of the bank be invested in federal secu- rities, 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- Bidered 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 Btock 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 one hundred dollars. These shares may, in the market, be worth a great deal more or a great deal less than their 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 share 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 shoAvs 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 weiglit. What the legislature intended to say was, tliat we im- 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 filly cents per sliare of stock equal to $100. If the shares are only equal to $50, it will be twenly-five cents on ea.ch 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 eacli sliare 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 ofiicers of the bank to pay this tax on the shares of its stockholders. Wliether the State has the right to do this we will presently consider; but the fact that it has attempted to do it does not prove that the tax 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 to 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, and 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 stock- holder. If the State cannot require of the bank 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 provision 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 conducted, 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- Culloch vs. The State of Maryland, has been re- peatedly reaflSrmed 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 instrumentalities 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 instrumentalities 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, but no one Mrill 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 the functions by which they are de- signed to serve that Government. Any other rule would convert a principle founded alone in the necessity of securing to the Government of the United States the means of exercising its legitimate powers into an unau- thorized and unjustifiable invasion of the rights of tlie States. The salaiy of a federal officer may not be taxed ; he may be exempted from any personal service which interferes with the dis- charge of his official duties, because those exemp- tions are essential to enable him to perfoim those duties. But he is subject to all the 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 the 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 Slate 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 ])erfoiming 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 lato 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, December G, 18G9. To the Senate and House of Representatives: In coming before you for the hrsttirneas Chief Magistrate of this great nation, it is with grati- tude to the Giver of all good for the many bene- fits we enjoy : we are blessed wich 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 sufficient 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 jiress, 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 unequaled by that of any other power. These blessings and countless others are in- trusted to your care and mine for safe-keeping, for the brief period of our tenure of office. In a short time we must, each of us, return to 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 of gigantic magni- tude, aided as it was by the sympathies and as- sistance of nations with which we were at peace, eleven States of tlie Union were four years at'O left without legal State governments. A national debt had been contracted ; American commerce was almost driven 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, and providing means for paying the interest on the public debt, has received am- ple attention from Congress. Although your efforts have not met with the success in all partic- ulars 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 ratitied her constitution, repub- lican in form, elected a governor, members of Congress, a State legislature, and all other officers 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 originallv elected to the legislature, requiring each membe'i to take the oath prescribed by the reconstruction acts, and none to be admitted who are ineligible under the third clause of the XI Vth amendrnent. The freedmen, under the protection which they have received, are making rapid progress in learn- ing, and no complaints are heard of lack of in- dustry on Uieir 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 on 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. I earnestly recommend to you, then, such 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 I'rom 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 jiay these bonds at any pe- riod after the expiration of the least time men- tioned u[ion their face. The time has alread)'' expired when a great part of them may be taken up, and is rapidly apjiroaching when all may be. It is believed that all which are now due may be replaced by bonds bearing a rate of in- terest not exceeding four-and-a-lialf per cent., and as rapidly as the remainder become due that they may be replaced in the same way. To accomplish this it may oe 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 effect, 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 pay3 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 be 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- oped. 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, &c., 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 afi'ect 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 reducing 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 tliat the whole be placed to the credit of the finking fund. Your attention is respectfully invited to the recommendations of the Secretary of the Treas- ury for the creation of the ofiice of commissioner of customs revenue, for the increase of salaries to certain classes of ofiBcials, 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 the repeal of laws allowing shares of fines, penalties, forfeitures, &c., to officers of the Government or to informers. The office of Commissioner of Internal Reve- nue is one of the most arduous and responsible under 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 j^our judgment will place the oflice upon a footing of dignity commensurate with its importance, 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, so, too, its people sympathize with all peoples Btruggling 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 and 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 oiSces to bring the existing eontes* 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 the 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 tlie 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 been reprimanded for the irregularity of his conduct, and that the Spanish authorities in Cuba 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 one of the Bahama Islands, by Sjian- 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 be well worth con- sidering whether new treaties between us and themmay 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 United 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 Older to comply with the agreement of the United States as to a mixed commission at Lima for the adjustment of claims, it became necessary to send a commissioner and secretary to Lima in August last. No appropriation having been made- by Congress for this purpose, it is now ayked 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 held in Wash- 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 difficult that it has been deemed advisable to withdraw our repre- eentative 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 wholly inadequate for the settlement of the grave wrongs that had been sustained by this Government as 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 upon 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 suppres.^ion, 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 dilTerence. Not a word was found in the treaty, and not an inference could be drawn from it, to remove the sense of the un- friendliness of the course of Great Britain in our struggle for existence, which had so deeply and universally impressed itself upon the peoj>le of this country. Believing that a convention thus misconceived in its scope and inadequate in its provisions would not have produced tlie hearty, cordial Bettiement of pending questions, which alone is consistent with the relations which 1 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 under a great wrong, wholly unatoned, 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 vie\7r. 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 tlie 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 taxation would prove a protection to the British producer, 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 nas 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 commissioners 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 States 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 Stales, MESSAGES AND PROCLAMATION. 537 with the very objectionable feature of subjecting 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 such other enactment on the subject as might be i passed during the approaching session of Con- I gress; also, to use their influence to secure from the French government a modification of their concession, so as to permit the 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 United States from competition upon the shores of France. I recommend legislation to protect the rights of citizens of the United 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 this, they return to their native, country and reside there, without disclosing their change of allegiance. They accept official 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, thej^ avoid the duties of its citizenship, and they only make themselves known by a claim of protection. I have directed the diplomatic and consular officers of the United States to scrutinize carefully all such claims for protection. The citizen of the United States, whether native or adopted, who discharges his duty to his country, is entitled to its complete protection. While I have a voice in the direction of afl'airs, I shall not consent to im- peril this sacred right by conferring it upon ficti- tious or fraudulent claimants. On the accession of the present administration it was found that tJ:ie 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 Stock- holm, to empower their representatives at Wash- 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 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 to be observed during the voyage, in order to secure ventilation, to promote health, to prevent intrusion, and to protect the females, and provid- ing for the establishment of tribunals in the sev- eral countries for enforcing such regulations by summary process. Your attention is respectfully called to thelaw regulating the tariff on Russian hemp, and to the question whether, to fix the charges on Russian hemp higher than they are fixed upon Manilla, is not a violation of our treaty with Russia, placing her products upon the same footing with those of the most favored nations. Our manufactures are increasing v;ith wonder- ful rajiidity 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 arti- cles 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 retain with us the means which otherwise would be 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 and 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.s 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 efforts of one of our own distinguished citizens, the world is about to commence largely-increased relations with that populous and hitherto 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 tliis connection I advise such legi.'eated 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 Congress, and it will be conceded that no part of our pub- lic burden is more cheerfully borne than that 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 chargeable to tho naval pension fund, an appropriation of $30,000,000. During the year ending the 30th of September, 1869, the Patent Office issued 13,702 patents, and its receipts were $GS6,3S9, 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 tlie Commissioner of Education. If it is tlie 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- per in reference to the census, and report a plan, I 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 offices 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 hiade 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; and the duty whicli 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- xiuced, but I abstain, believing that your patriot- ism and statesmanship will susjgest 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. Grant. Executive Mansion, Washington, D. C, December 6, 1869. SPECIAL MESSAGES. Eecommending early Action toward an Increase of tho Commerce of the United States. To the Senate and House of Representatives : 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 Bpecilically plans to accomplish this result. Now tliat tlie committee of the House of Representa- tives intrusted with tlie 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 tlie 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 of 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 this 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- gress, and the further fact that, if there should be 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 wax. 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 wealtii, six hundred vessels, exceeding one million tons, and about seventy thousand men to aid in the supjiression 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 jtrosjierity ; the actual and comparative decline since, together with the causes, and exhibits all other statistics of MESSAGES AND PROCLAMATIOISr. 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 proposed by the com- mittee and referred to in this message. U. S. Geant. Executive Mansion, March 23, 1870. Urging the Eatification of the Treaty with San Domingo- To tlie 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 an 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 tlie 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 Januarjr 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 of 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 sha'U 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 i hundred and twenty mousand sonls, 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 in 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 Si)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 will, 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 produce, thus equalizing our exports and imports. In case of foreign v/ar 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 coast of 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 Rico 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 wiil 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; it 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. Geant. Executive AIansion, 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 peofile 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 which 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- populated 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, ana 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 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 civiliza.tion 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 aroused 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 firder, 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 oi> 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 objects 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 sj'mpathy in a con- flict carried on by both parties alike 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 strife 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 liope 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 efibrts thus made failed, but not without an assurance from Spain that the good oflSces 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 esca])ing from the island and avoiding the risks of war, congregating in tliis 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 object of making their value MESSAGES AND PROCLAMATION. 543 thus contingent upon the action of this Govern- ment is a subject tor 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 b)'' succeeding cliief 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 that 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 caprice, passions, interests, or foreign sym- pathies; that the agents of foreign governments, recognized or unrecognized, cannot be permitted to abuse our hospitality by usurping the func- tions of enlisting or equipping military or naval forces within our 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 fillibustering 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 Quincy 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 snores. In no country are men wanting for any enterprise that holds out promise of adventure 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 upon European powers. The revolutions which, from 1810, spread almost si- multaneously through all the Spanish-American continental colonies, resulted in tlie 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 re-publics 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 tlie 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 belligerency 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, &c., &c. ; and to justify a recognition of belligerency there must be, above all, a de facto political organization of the insurgents sufficient in character and resources to constitute 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 establislied seat of government: they have no prize courts ; no organization for the receiving or collecting of revenue ; no seaport to which a prize may be carried, or thiK)ugh which access can be had by a foreign power to the limited interior territory and mountain fastnesses which they oc- cupy. The existence of a legislature representing any popular constituency is more than doubtful. 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 cutoff," 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 foreign State of bellig- erent rights to insurgents under circumstances such as 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 duty 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 ot 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 lor 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 wliich 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 wa.r-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 i'ust relations with other nations. Spain has not een 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 have 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 and 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. Grant. Executive Mansion, Jime 13, 1870. PROCLAMATION President Grant's Proclamation ag-ainst the Fenian Invasion of Canada, issued May 24, 1870. Whereas it has come to my knowledge that sundry illegal military enterprises and expedi- tions are being set on foot within the territoiy 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 ail 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 Iiand 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. Geant. By the President: Hamilton Fish, Secretary of State. LIIl. XVTH AMENDMENT, YOTES ON RATIFICATION, PROCLAMATION OF RATIFICATION, BILLS ENFORCING AND VOTES THEREON. Special Message of President Grant on Ratifica- tion of the XVtli Amendment. To the Senate and House of Representatives : It is unusual to notify the two houses 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 instrument, I deem a departure from the usual custom justifi- able. A measure which makes at once four millions of people voters, who were heretofore declared by the highest tribunal in the land not citizens of the United States, nor eligible to be- come so, (with 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 of grander importance than any other one act of the kind from the foundation of our free government to the present day. 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 of knowledge. In propor- tion as the structure of the Government gives force to public opinion, it 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; and 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 De secured. U. S. Grant. Executive Mansion, March 30, 1870. Certificate of Mr. Secretary Fish respecting tlie Ratification of the XVth Amendment to the Constitution, March 30, 1870. HAMILTON FISH, SECRETARY OF STATE OF THE UNITED STATES. To all to whom these presents may come, greeting: linow ye that the Congress of the United States, on or about the 27th day of February, in the year 1869, passed a resolution in the words and figures following, to wit: A Resolution proposing an amendment to the Constitution of the United States. Resolved by the Senate and House of Represent- atives of the United States of America in Congress assembled, {two-thirds of both houses concurring,) 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 : Article 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 jtrevious condition of servitude. Sec. 2. The Congress shall have power to en- force this article by appropriate legislation. And, further, that it appears, from oificial doc- uments on file in this department, tliat the amend- ment to the Constitution of the United States, proposed as aforesaid, has been ratified by the' legislatures of the States of Nortli Carolina, West Virginia, Massachusetts,Wisconsin, Maine, Louis- iana, Michigan, South Carolina, Pennsylvania, Arkansas, Connecticut, Florida, Illinois, Indiana, New York, New Hampshire, Nevada, Vermont, Virginia, Alabama, Missouri, Mississippi, Ohio, Iowa, Kansas, Minnesota, Rhode Island, Ne- braska, and Texas; in all, twenty-nine States. And, further, that the States whose legislatures 545 546 POLITICAL MANUAL. bave 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 araondmont which had been made by the legislature of that State, and of \\-'aich 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.: Kow, therefore, be it. known that I, Hamilton Fish, Secretary of State of the United States, by virtue and in pursuance of the 2d section of the act of Congress, apjiroved the 20th day of April, 1*318, eniitled "An act to provide for the publication of the laws of the United States, and lor other purposes," do hereby certify, that the amendment aforesaid has become valid, to all intents and purposes, as 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 30th day of March, in the year of our Lord 1870, [seal.] and of the independence of the United States the ninety-fourth. Hamilton Fish. Enforcement of the Fourteenth and Fifteenth Amendments. An Act to enforce the right of citizens of the United States to vote in the several States of this Union, and for other purposes. Be it enacted, &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 in any State, Tcrrritory, district, county, city, pjarish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections without dis- tinction of race, color, or previous condition of servitude ; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwith- standing. Sec. 2. That if by or under the authority of the con.'titution or laws of any State, or the laws of any Territory, any act is or shall be required to bcVjonc as a j)rerequisite or qualification for voting, and by such constitution or laws persons or officers are or shall be charged with the per- formance of duties in furnishing to citizens an opportunity to perform sucli prerequisite, or to become cpialified 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 i)rerequi.site, and to become qualified to vote, witnout 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, he 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 misde- meanor, 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 done 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 to perform or acting tliereon, 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 t'lo same extent as if he had in fact performed such act; and any judge, inspector, or other officer of election whose duty 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 vote of such citizen, upon the presentation by him of his affidavit stating such ofl'er and the time and place thereof, and the name of the officer 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 sura 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 just, 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 for every such offense forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on tlie case, with full costs and such allowance for counsel fees as the court «hall 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 tlian one month and not more than one year, or both, at the discretion of the court. Sec. 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 right 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- XVin AIMENDMENT. 547 ing such person from rented house, lands, or other property, or by threats of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, sucli person so offending shall be deemed guilty of a misdemeanor, and ehall, on conviction tliercof, 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 jirovision of this act, or to injure, oppress, threaten, or intimidate any citizen with intent to prevent or hinder his free exercise and enjoyment of any right or privilege granted or secured to him by the Constitution or laws of the United States, or because of his having exercised the same, such persons shall be held guilty of felony, and, on conviction thereof, ehall be fined or imprisoned, or both, at the dis- cretion of the court, the fine not to exceed $5,000, and the imprisonment not to exceed ten years, and shall, moreover, be thereafter ineligible to, and disabled from holding, any office or place of honor, profit, or trust created by the Constitu- tion or laws of the United States. Sec. 7. That if, in the act of violating any pro- vision in either of the two preceding sections, any other felony, crime, or misdemeanor shall be committed, the offender, 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. Sec. 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 ofi'enses com- mitted against the provisions of this act, and also, concurrentljr with the circuit courts of the United States, of all causes, 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 jurj^ or, in cases of crimes and ofi'enses 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 commissioners appointed by the circuit and ter- ritorial courts of tlie 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 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- Erisoned, or bailed, as the case may be, for trial efore such court of the United Slates 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- vious condition of servitude, and to the prompt discharge of the duties of this act, it shall be the duty of ihe circuit courts of 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 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. Sec. 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 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 $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 respectivelj'', to ap- point in writing, under their hands, any one or more suitable persons, trom 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 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 XVth 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. Sec. 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 sucli 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 those 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- 1 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 wliich 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 States. Sec. 12. That the comraiscioners, 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 maybe 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 custodj', 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 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 arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction. Sec. 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 *XIVth Article of Amendmeat to the Constitution of the United States. Section 1. All persons born or naturalized in the Uni- ted States, and sul)jeet to tlie jurisdiction thereof, are citizens of the United States and of tlie State wherein they reside. No State shall make or enforce any law which shall abridtre 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 its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall bo apportioned among the several States aecording 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 judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens of the Constitution of the United States, it shall be the dutj' 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 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 qxio warranto, <"^ 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 XlVth article of amendment of the Constitution of the United States, or who shall attempt to hold or exercise the duties of any such oiBce, 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. Sec. 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 puu- 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 tlierein shall be reduced in the pro- portion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Sec. 3. No person shall be a senator or representative in Congress, or elector of President and Vice Presi- dent, or hold any ottice, civil or military, under the United States, or under any State, 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 olflcer of any State, to support the Constitution of tlic United States, shall have engaged in insurrection or rebellion against the same, or given aid or comf rt to the ene- mies thereof. But Congress may, liya vote of two- thirds of each house, remove such disaliility. Sec. 4. The validity of the public delit of the United States, authorized bylaw, including dclits incurred for payment of pensions and bounties for .services in sup- pressing insurrection or reljcllion, shall not he ques- tioned. But uoithor the United States nor any State shall assume or pay any debtor obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emani;ipation of any slave ; but all such debts, obligations, and claims shall be lield illegal and void. Sec. T). The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. xvth amendment. 549 torn, shall subject, or caube 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 difi'erent 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 ])unished 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 [lersons 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, whetlier 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 ofiicer 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, person, or officer to do any act hereby made a crime, or to omit to do any duty the omission of which is hereby made a crime, or attempt to do 60, every such person shall be deemed guilty of a crime, and shall for such crime be liable to prosecution in any court of the United States of competentjurisdiction, and, on conviction 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. Thatif, at any registration of voters for an election of rejiresentative 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 olfer, 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 such 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 his 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 person shall be deemed guilty of a crime, and shall 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. Sec. 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 vote 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 pireceding 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 shail be voted for, 550 POLITICAL MANUAL. whether such oflScer of election be appointed or seated by or under any law or authority of the United Slates, or by or under any State, territo- rial, district, or municipal law or authority, wlio shall neglect or refuse to perform any duty in regard to such election required of him by anj^ 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 certiticate 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 ao 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 ol 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. The 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: Yeas — Mepsre. Ame«, Anthony, Boroman, Brownlow, Buckingham, Cameron, Chandler, Cole, Conkling, Crai^in, Drake, Edmunds, Ferry, Flanagan, (iilbert, Hamilton of Texas, Hamlin, Harlan, Harris, Howard, Howe, K''llo^.5g, Lewis, MeDonald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osljorn. Patterson, Pomeroy, Pool, Pratt, Ramsey, liice, Ross, Sawyer, Sf:ott, Sherman, Speneer, Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Williams — i8. N.tTS — Messrs. Bayard, Casserb/, Davis, Fowler, Ham- ilton of Maryland, Johnston, MeCreery, Saulsbury, Stock- ton, Thurman, Vickers — 11. May 27 — The House concurred — yeas 133, nays 58, (not voting 39,) as follow : Yeas — Messrs. Allison, Ambler, Armstrong, Arnell, Asper, Atwood, Aver, Bailey, Banks, Barry, Beatty, Bennett, Benton, iiin,i;ham, lilair. Boles, Bowen, Boyd, George M. Broi.ik^^, Buekley, Biiliinton, Burchard, Bur- dett, Benjamin F. Butler. Kudoriek R. Butler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Covode, Cowles, CuUom, Davis, Dawes, Degener, Diekey, Dix- on, Doekerj-, Donley, Ferris, Finkelnburg, Fitch, Gar- field, Hale, Harris, JIawley, Hay, Hays, Hoflin, Hill, Hoar, Hooper, Hotchkiss, IngersoU, Jenckes. Alexan- der H. Jones, Judd, Kelley, Kellogg, Kelsey, Ketoham, Knapp, Laflin, Lash, Lawrence, Logan, Lynch, May- nard, McCrary, McGrew, McKee, McKenzie, Mercur, Eliakim H. Moore. William Moore, Daniel II. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Orth, Pack- ard, Packer, Paine, Peek, Perce, l^eters, Phelps, Poland, Pomeroy, Prosser, Roots, Sargent, Sawyer, Schenek, Scofield. Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith. William J. Smith, Worthington C.Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strickland. Strong, Taffe, Taylor, Tillman, Townsend, Twichell, Tyner, Upson, Wallace, Ward, William B. Washburn, Welker, \\ heeler. Whit- more, Willard, Williams, John T.Wilson, Winans, Uitch- er— 1:3.3. Nats — Messrs. Adams, Archer, Axtell, Barnum, Beck, Bigqs, Bird, Booker, James Brooks, Burr. Calkin, Cleve- lanci, Conner, Cox, Crebs, Dickinson, Do.c, Eldridge. Fox, Getz, Gibson, Haight, Ilaldeman, Hanibleton, Hawkins, Holman, Johnson. Kerr, Knott. Lewis, Marshall, Marjkam, McCormick, McNe.ehi, Morgan. Morrissc)i, Mnngcn, Nib- lack. Potter, Randall. Reeves, Rice, Ridgway, Rogers, Schu- maker, Sherrod, Shober, Slocum, Joseph S. Smith. Stiles, Stone, Swann. Sweeneii, Trimble, Voorhees, Wells, Eugene M. Wilson, Woodward — 58. Previoas 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 officer 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 law of 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, sliall, upon conviction thereof, be adjudged guilty of a mis- demeanor, and shall be punished by imprisonment of not less than one year and not 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. Sec. 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 in the State, county, parish, town, townsliip, ward, or hundred of their residence, subject only to the same conditions which now are or may hereafter be required to qualify white citizens to vote there- in. And any person who shall by force, fraud, intimidation, or other unlawful means whatso- ever, prevent any colored citizen from voting at xvth amendment. 551 any such election, wlao possesses the qualifications, except 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 bo 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 any State shall require the assessment or payment of a tax as a qualification of an elector, if any assessor or other ofiicer 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, county, ward, or district for which said assessor or other ofiicer shall have been elected or ap- pointed as aforesaid, he shall, for every such of- fense, forfeit and pay the sum of $500 to any per- son who will sue for the same, and shall for every such ofi'ense be guilty of a misdemeanor, and shall be fined not less than $500, and be imprisoned not less than one month. Sec. 4. That in case the constitution or law of any State shall require the 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 ofilcers, 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 ofiicers, 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 ofiicers shall have been elected or appointed, he shall for every such ofi'ense 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 pro])er duplicates of such assessment list, the name of any colored 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 such clerk or officer shall for evei-y such offense forfeit and pay the sum of $500 to any person who will sue for the same, and shall for every such ofiense be deemed guilty of a misdemeanor, and shall be fined not less than $500 and be im- prisoned not less than one month. Sec. 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 by law to collect from citizens of such State, and the payment of which tax is by the constitution 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.c, when the amount thereof shall have been paid or tendered to him by such colored citizen, 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 ofi'ense be deemed guilty of a misdemeanor, and shall be fined not less than $200, and be imprisoned for not less than one month. Sec 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 election 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 of his race, color, or previous condition of servitude, every such officer, inspect- or, or judge shall for every such olTense forfeit and pay tlie sum of $500 to any j)erson 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 misdemeanor, 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 or 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 qualifications 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 maybe votedfor, such person so offending shall be liable to indictment,. ■Mid on conivictioa 552 POLITICAL MANUAL. thereof shall be subject to a fine not exceeding $1,000, or to imprisonment not less than one year nor more than three years, or both, at the aiscretion of the court. Sec. 10. That the circuit courts of the United States 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, .\twood, Ayer, Banks, Barry, Be.iman, Beatty, Benjamin, Bennett, Benton, Binaham, Blair, Booker, Boyd, George M. Brook.'. Buck, Buckley, Buf- finton. Bui-chard, Benjamin F. Butler, Cake, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb. Coburn, Cook, Conger^ Covvles, Dawes. Dickey, Dixon, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Fiukelnburg. Fitch, Garfield, Gilfilian, Hale, Ham'ilton. Harris, Hawley, Hay, Heflin. Hill. Hoar, Hooper, Hotchkiss, Inper^oU, Julian, Kelley, Kellogg, Kelsev, Keteham, Laflin, Lash, Logon, Loughridge, Lyncli. JMr.ynard, McCarthy, McCrary, McGrew, Me- Kee, McKc'nzic, Merour, Milnes, Fliakim H. Moore, Jesse H. Moore, William Monre. Morphis, Daniel J. Morrell, Myers, Negley, O'Neill, Packard, Packer, Peek, Perce. Peters, Piatt, Poland, Pume'-oy, Prosper, Roots, Sanford, Sargent, Sawyer, Schenck, Scofield, Shanks. Lionel A. Sheldon. Porter Sheldon, John A. Smith, William J. Smith, Worthington C.Smith, Wil- liam Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strickland. Strong, TatFe, Tanner, Taylor, Tillman, Townscnd, Twichell, Tyner, Upson, Cadwala- der C. Washburn, Welker, Wheeler, Whitmore, Wil- lard, Williams, John T. Wilson, Winans— 131. Nats — Messrs. Adams, Archer, Axtcll, Barnum, Beck, Bifigs, James Brooks, Burr, Conner, Crehs, Dickinson. Dox. Eidridfic, Gibson, Grisivold, Haight, Haldeman, Hamill, Hawkins, Holman, Knott, Lewis, Mai/ham, McNcely, Mor- gan, Mungcn, Niblack. Potter, liandall. Bice, Rogers, Schu- maker, Sherrod. Slocum, Joseph S. Smith, Stiles, Swann, Swecnoi, Trimble. Van Trump, Voorhees, Eugene M. Wil- son, ]yinchester, Wood — i4. In Senate. 1870, 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 notwithstanding. Sec. 2. Tliat 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 olficers are or shall be charged with the per- formance of duties in furnishing to citizens an opportunity to j)erform such jirerequisite, 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 ]irerequisite, 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, he shall, lor every such offense, forfeit and pay the sum of ^fj^JO to the person aggrieved thereby, to be recovered by an action on the case, ^vith full costs and such allowance for counsel fees as the court shall deem just, and shall also, for every such ofl'ense, 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 bo done by any citizen as a pre- requisite to qualif}'- or entitle him to vote, the ofl'cr 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 oflicer charged with the duty of receiving or permitting such performance or offer to perform or acting thereon, be deemed and held as a 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 ofiicer of election whose duty it is or shall be to receive, count, certify, rogis- 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. Skc. 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 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 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, sliall be entitled to recover possession of such office by writ of mandamus or other approjiriate proceecl- 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. 553 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, of all causes, civil and criminal, arising under this act, except as herein otherwise provided ; and the jurisdiction licreby 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 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. Sec 7. That the district attorneys, marshals, and deputy marshals of the United States, the commissioners appointed by the circuit and ter- ritorial courts of 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 of 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 authorized 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; anct should any marshal or deputy marshal refuse to receive such warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of $1,000, to the use of the person de- prived of the rights conferred by this act. And the better to enable the said commissioners 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 writing, under their liands, 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 r«spective 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 such 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 orTerritory within which they are i.ssued. Sec. 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 pjersons 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 wlien 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 aiithorized 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 pjrevent 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 be 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 tlie 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 tlie 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 reasonar 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 as 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 case 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 a-* 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. Sec. 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 execuiion of this act. Sec. 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 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 oi quo warranto sohrought 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. 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 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 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 sliall have the same right in every State and Territory in the United States to maKc and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for tlie secu- rity of person and property as is enjoyed by white citizens, and shall ue subject to like punishments, pains, penalties, taxes, licenses, and exactions of every Kind, and none other, any law, statute, ordinance, regulation, or custom to the contrary notwithstanding. No 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 imposed 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. Sec. 16. That any person who, under color of any law, statute, ordinance, regulation, or cus- tom, shall subject, or cause to bo subjected, any inhabitant of any State or Territory to the de- privation of any right secured or protected by this act, or to dillerent 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 excce'ding $1,000, or imprisonment not exceeding one year, or both, in the discretion of the court. Sec. 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, 18G6, 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 following 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 lawful right to vote ; or do any unlawful act to secure a right or an opportunity to vote for himself or any other person; or by force, threat, menace, intimidation, bribery, 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 n.ny Territory thereof, from freely exercising the right of suffrage, or by any such means induce an}' 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 auy manner with any officer of said elections in the discharge of his duties ; or by any of such means or other- 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 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 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 omissiori of which is hereby made a crime, or attempt to do so, every such person shall be deemed guilty of a crime, and shall for such crime bo liable to indictment in anj- court of the United States of competent jurisdic- tion, and on conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding three years, or both, in xvth amendment. 555 the discretion of the court, and shall pay Ae costs of prosecution. Sec. — . 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 be 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 person, 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 officer 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 entitled to vote, or refuse to receive the vote of any person entitled to vote, or aid, counsel, procure, or advise any such voter, per- son, or officer to do any act herebj^ 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 be liable to indictment and punishment therefor, as provided in the first sec- tion of this act for persons guilty of any of the crimes therein specified. Sec. — . That if any person shall, by force, threat, menace, intimidation, or otherwise, un- lawfully prevent any citizen or citizens from assembling in public meeting, to freely discuss or hear discussed the claims or merits of any candidate for the office of President or Vice President or elector thereof, or representative or delegate in Congress, or of any officer of the Government of the United States ; or the laws or measures of Congress, or any measure ex- isting, pending, or proposed, affecting the Gov- ernment of the United States, or any depart- ment or officer thereof; or if any person shall by any such means break up, disperse, or molest any such assemblage, or molest any citizen in or of such assemblage, every person so offending shall be deemed guilty of a crime, and shall be liable to indictment and punishment therefor, as provided in the first section of this act for persons guilty of any of the crimes therein specified. Which was disagreed to. Mr. Hamlin moved to add the first two sec- tions proposed by Mr. Sherman, which was agreed to — yeas 31, nays 12, as follow : Ykas— Messrs. Abbott, Carpenter, Chandler, Cole, Corbett, Cragin, Flanagan, Hamlin, Harlan, Harris, Howell, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Revels, Rioe, Sawyer, Scott, Spencer, Sprague, Stewart, Sum- ner, Thayer, Warner, Yates— 31. Nays — Messrs. Casserh/, Davis, Fowler, Hamilton of Maryland, Johnston, McCreery, Pool, Ross, Stockton, Thmman, Vickers, Willey — 12. Mr. Morton moved to insert the following, to eome in as the fifth section of the bill: That if any person shall prevent, hinder, con- trol, or intimidate, or shall attempt to prevent, hinder, control, or intimidate, any person from exercising or in exercising the right of suffrage, to whom the right of suffrage is secured or guar- antied by the XVth Amendment to the Consti- tution of the United States, by means of bribery, threats, or threats of depriving sucli person of employment or occupation, or of ejecting such person from rented house, lands, or other prop- erty, 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 upon conviction thereof shall be fined not less than $500 and be imprisoned not less than one month and not more tlian one year. Which was agreed to — yeas 36, nays 9, as fol- low: Yeas— Messrs. Abbott, Anthony, Carpenter, Chand- ler, Cole, Corbett. Cragin, Flanagan, Hamlin, Harlan, Harris, Howell, McDonald, Morrill of Maine, Morton, Nye, O.sborn, Patterson, Pomeroy, Pool, Pratt, Ram- sey, Revels, Rice, Ross, Sawyer, Scott, Spencer, Sprague, Stewart, Sumner, Thayer, Warner, Willey, Williams, Yates— .3R. Nats — Messrs. Casserly, Davis, Fowler, Hamilton of Maryland, Johnston, McCreery, Stockton, Thurman, Vickers — 9. Mr. Davis moved to amend, by inserting the following additional section: Sec. — . That no person shall enter into, hold, or attempt to exercise the powers or perform the duties of any office or public trust, which the Constitution or laws require to be filled by vote of the people, unless he shall have received at the election therefor a greater number of the votes of the electors entitled to vote at such election than any other candidate ; and all per- sons entering into, holding, or attempting to ex- ercise the powers or perform the duties of such office or public trust shall thereby commit a high misdemeanor, for which they shall be sub- ject to indictment and punishment of imprison- ment for not less than one or more than five years, and fine of not less than $1,000 or more than $5,000, one-half thereof to go to the in- former; and all treasury officers settling, passing, or paying any claim or account for pay or com- pensation of any kind of any person entering into or holding, or attempting to exercise the powers or perform the duties of any office or public trust, against the provisions of this sec- tion, shall be guilty of a misdemeanor, thereby forfeit and be disqualified to hold his place, and be subject to indictment and punishment of im- prisonment for not less than twelve months, and fine of $1,000, one-half to the informer. All persons entering into, holding, or attempting to exercise the powers or perform the duties of any office or public trust, against the provisions of this section, shall also be subject to the civil suit of any person injured thereby. Which was disagreed to. Mr. Pool moved to insert as sections 6 and 7 the following: Sec. — . 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 666 POLITICAL MANUAL. citizen with intent to prevent or hinder his free exercise and enjoyment of any right or privilege f;ranted or secured to him by the Constitution or aws of the United States, or because of his hav- ing exercised the same, such person sliall be held guilty of felony, and on conviction thereof shall be fined and imprisoned; the fine not to exceed $5,000, and the imprisonment not to exceed ten years; and shall, moreover, be thereafter ineli- gible to, and disabled from holding, any ofEce or place of honor, profit, or trust, created by the Constitution or laws of the United States. Sec. — . That if in the act of violating any provision in either of the two preceding sections, any other felony, crime, or misdemeanor shall be committed, the offender, on conviction of such violation of said sections, shall be punished for the same with such punishments as are attached to like felonies, crimes, and misdemeanors by the laws '-'' the State in which the offense may be committed. Which was agreed to. Mr. Pool moved to strike out the twelfth sec- tion and insert as follows : That the President of the United States may employ in any State such part of the land and naval forces of the United States, or of the mil- itia, as he may deem necessary to enforce the complete execution of this act; and with such forces may pursue, arrest, and hold for trial all persons charged with the violation of any of the provisions of this act, and enforce the attendance of witnesses upon the examination or trial of such persons. Which was disagreed to — yeas 6, nays 34, on a division. Mr. Willey moved to strike out of the second section the following words: For every such offense forfeit and pay the sum of $500 to the person agfi;rieved thereby, to be recovered by an action oa the case, with full costs and such allowance for counsel fees as the court shall deem just, and shall also Which was disagreed to — yeas 21, nays 27, as follow : Yeas — Messrs. Anthony, Casserh/, Davis, Fowler, HamUton of Maryland, Hamlin, Harlan, Howell, Johns- ton, McCreeri/, Patterson, Pomeroy, Pratt, Ross. Scott, Stockton, Thurman, Vichers, Willey, Williams, Yates — 21. Nays — Messrs. Abbott, Cameron, Carpenter, Chand- ler, Cole. Corbett, Cragin, Flanagan, Hamilton of Te.xas, Harri.s. Howard, Howe, Mc-Donald, Nye, Osborn, Pool, Ramsey, Revels, Rice, Robertson, Sawyer, Spencer, Spragno. Stewart, Sumner, Thayer, Warner— 27. Mr. Carpenter moved to amend by adding the followiirg section: . Sfx'. — . That any person who shall be deprived of or fail to be elected to any office, except that of m&mber of Congress or member of a State leg- islature, by reason of a violation of any of the provisions of this act, or by reason of the denial to any citizen of tlie rigiit to vote on account of his rare, color, or j)revious condition of servitude, shall be entitled to hold such office and perform the duties and receive the emoluments thereof, and may recover the possession of such office by quo warranto or other appropriate proceeding in the circuit or district court of the tJnited States for the ]>ro[ier district, or in any State court hav- ing jurisdiction of such proceedings. Which was agreed to — yeas 24, nays 22, as follow: Yeas— Messr.«. Cameron, Carpenter, Chandler. Cole, Cr.igin. Flanagan, Gilbert, Hamilton of Texas, Harris, Howe. HowoU, McDonald. Nye", Osborn, Ramsey, Rev- els, Rice, Robertson, Sawyer, Spencer, Stewart, Sum- ner, Thflyer, Warner — 24. Nays — Messrs. Abbott, Casserh/. Corbett, Davis. Ham- Uton of Maryland, Harlan. Woward, Johnston, McCrcery, Morton, Pomeroy, Pool. Pratt, Ross. Scott, Stockton, Thurman, Trumbull, Vickers, Willey, Williams, Yate.s — 22. Mr. Williams moved to strike out of the eighth section the words "or such portion of the land or naval forces of the United States or of the mili- tia." Which was disagreed to — yeas 12, nays 3S, as follow : Yeas — Me.flsrs. Casserlji, Davis, Fowler, Hamilton of Maryland, Johnston, McCreeri/. Ross, Sprague, Stockton, Thurman, Vickers, Williams — 12. Nays— Messrs. Abbott, Brownlow, Cameron, Carpen- ter, Chandler, Cole, Corbett, Cragin. Flanagan, Hamil- ton of Texas, Hamlin, Harlan, Harris. Howard, Howe, Howell, McDonnld, Morton, Nye, Osborn, P.attorson, Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Robert- son, Savvyer, Scott, Spencer, s'tewart, Sumner, Thayer, Trumbull, Warner, Willey, Yates— 3«. Mr. Scott moved to strike out the third section of the substitute, which was disagreed to — yeas 14, nays 33, as follow : Yeas — Messrs. Anthony. Casserlv, Davis, Fowler, Ham- ilton of Maryland. Howell, Johnston, McCrcerji, Ross, Scott. Stockton. Thurman, Vickers, Williams — 14. Nays — Messrs. Abbott. Brownlow, Cameron, Carpen- ter, Chandler. Cole, Corbett. Cragin, Flanagan. Gilbert, Hamilton of Texas, Hamlin, Harlan, Harris, Howe, McDonald, Morrill of Maine, Nye. O.'iliorn, Pomeroy, Pool. Pratt. Ramsey, Revels. Rice, Robertson, Sawyer, Spencer, Stewart, Sumner, Thayer, Warner, Yates — 33. Mr. Vickers moved to amend the fourth sec- tion by inserting in the first line after the words "That if," the words "under or by color of State authority;" which was disagreed to — yeas 9, nays 41, as follow : Yeas— Mes.srs. Casserh/, Davis, Fowler. Hamilton of Maryland, Johnston, McCreery, Stockton, Thurman, Vick- ers — 9. Nays— Messrs. Abbott, Anthony. Brownlow, Cameron, Carpenter, Chandler, Cole, Corbett, Cragin, Flanagan, Gilbert, Hamilton of Texas. Hamlin, Harlan, Harris, Howard, Howe, Howell, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Robertson, Sawyer, Scott, Spen- cer, Stewart, Sumner, Thayer, Trumbull, Warner, Wil- liams, Yates — 41. Mr. Casserly moved to strike out the words "and such allowance for counsel fees as the court shall deem just" wherever they occur in the bill; which was disagreed to — yeas 10, nays 39, as follow : Yeas — Messrs. Casserly. Davis, Fowler, Hamilton of Maryland, Johnston, McCreery, Ross, Stockton, Thurman, Vickers— W. Nays — Messrs. Abbott, .\nthony, Brownlow, Cameron, Carpenter, Chandler, Cole. Corbett, Cr.agin, Flanagan, Gilbert, Hamilton of Texas. Hamlin, Harlan, Hams, Howard, Howe, Howell, McDonald, Morton, Nye, Os- born, Patterson, Pomeroy Pool, Pratt, Ramsey. Revels, Rice, Robertson, Sawyer, Scott, Spencer, Stewart, Sumner, Thayer, Warner, Williams, Yates — ■'59. Mr. Howard moved to amend section four by striking out the word "attempt" and inserting the words "shall combine or confederate with others;" which was agreed to. With some verbal amendments the bill was passed — yeas 43, nays 8, as follow: Yeas — Messrs. .\bbott, Anthony, Brownlow, Cameron, Carpenter, Chandler, Colo, Corbett, Cragin, Flanagan, xvth amendment. 557 Gilbert, Hamilton of Texas, Hamlin, Harlan, Harris, Howard, Howe, Howell, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Ross, Sawyer, Se'ott, Spencer, Sprague, Stewart, Sumner, Thayer, Trumbull, Warner, Willey, Williams, Vates— 13. Nays— Messrs. Cassrrhi, Davis. Fowler, ITainUton of Maryland, Johnston, McCreery, Thurman, Vickers — S. The Senate amendments were disagreed to by the House and a committee of conference asked and granted, which reported to both houses the bill as finally passed, as above. VOTES OF THE STATE LEGISLATURES ON THE PROPOSED xvth AMENDMENT TO THE CON- STITUTION OF THE UNITED STATES.* Alabama. Senate, November 16, 1869. Yeas — Messrs. R. N. Barr, F. G. Bromberg, W. M. Buckley, D. E. Coon, J. A. Farden, J. T. Foster, W. W. Glass, Burrell Johnston, W. B. Jones, Philip King, Thomas Lambert, Benjamin Lentz, G. T. McAfee, J. W. Mabry, J. W. Mahan, W. B. Martin, William Miller, J. F. Morton, John Oliver, J. L. Pennington, J. D. F. Richards, B. F. Royal, H. C. Sanford, D. V. Sevier, I. D. Sib- ley, J. P. Stow, H. H. Wise, C. 0. Whitney, F. D. Wyman, J. A. Yordy— 30. Nay— Mr. A. N. Worthy— 1. House of Representatives, November 16, 1869. Yeas — Messrs. Benjamin Alexander, T. W. Armstrong, William Alley, John R. Ard, Austin, E W. Attaway, Matt. Avery, Alfred Baker, M. R. Bell, Samuel Blanden, Warren A. Brantley, N. A. Brewington, Pierce Burton, Richard Burke, John Carraway, E. T. Childress, W. R, Chisholm, John W. Coleman, George W. Cox, J. W. Daniels, John W. Dereen, Thomas Diggs, Joseph Drawn, A. Emmons, Thomas D. Fister, J. R. Greene, G. W. Haley, John Hardy, R. E. Harris, John A. Hart, William Henderson, D. H. Hill, A. L. Holman, George Houston, D. C. Humphrej's, E. F. Jennings, Jones, P. A. Kendrick, S. F. Kenemer, Horace King, E. W. Lawrence, G. Lewis, Thomas Masterson, 0. W. Malone, Jeff. McCall, T. W. Newsom, Nin- ninger, Rice, A. G. Richardson, Justin Ro- nayne, Edward Rose, Thomas Sanford, C. P. Sim- mons, W. G. W. Smith, S. Speed, H. J. Spring- field, T. C. Steward. Paul Strobach, W. L. Tay- lor, John Taylor, William Taylor, H. Thompson, Charles T. Thweatt, William V. Turner, James Vanzandt, Spencer Weaver, George White, L. J. Williams, B. R. Wilson, Jack Wood, George F. Harrington, Speaker — 71. Nays — Messrs. W. T. Broivn, W. D. Humphrey, J. P. Hubbard, W. F. Hunt, Jacob Magee, Wil- liam Mastin, J. G. Moore, E. J. Manseli, William Murrah, Adolph Proskauer, James A. Peeves, Ry- land Randolph, H. C. Tompkins, 0. Tucker, Jack- son Tyner, J. M. Walker — 16. California. Both houses rejected the amendment at the late session of the legislature, but an application for a copy of the vote was not granted. The vote is understood to have been a party one — the Republicans supporting, the Democrats re- jecting, the amendment. *See pp. 4S8 to 49S, Manual of 1869, for the rest of the votes in State Legislatures. Delaware. Senate, March 17, 1869. Yeas — Messrs. Curtis B. Ellison, John G. Jack- son — 2. NAYS^Messrs. Jacob Bounds, Thomas H. Den- ney, Chas. Gooding, John W. Hall, John H. Payn- ter, Geo. Russell, James Williams, Speaker — 7. House of Repuerentatives, March 18, 1869. Yeas— 0. Nays — Messrs. John G. Bacon, Geo. F. Brady, John A. Brown, Lot Cloud, Isaac Connoway, Ja- cob Deakyne, William Dean, Shepard P. Houslon, Thomas J. Marvel, Philip C. Matthews, Whiteley W. Meredith, Robert J. Reynolds, Peter Robinson, Albert H Silver, William B. Tomlinson, Joseph W. Vandegrift, H. C. Wolcott, J. Hickman, Speaker — 19. Georgia-* Senate, February 2, 1870. Yeas — Messrs. W. F. Bowers, H. A. Bradley, Walker Brock, T. G. Campbell, I. M. Coleman, N. Corbitt, John Dickey, J. L. Dunning, William Griffin, Joshua Griffin, John Harris, E. I. Higbee, McW. Plungerford, W. B. Jones, W. F. Jordan, J. H. McWhorter, J. C. Richardson, Josiah Sher- man, W. G. Smith, T. I. Speer, A. M. Stringer, J. W. Traywick, George Wallace, F. 0. Welch, Benjamin Conley, President — 25. Nays — Messrs. John T. Burns, M. A. Candler, J. a Fain, H. Hicks, A. W. Holcomb, W. T. McArthur, A. D. Nunnally, M. C. Smith, C. B. Wooten — 9. House of Representatives. Yeas — Messrs. James Allen, T. M. Allen, J. W. Atkins, Armstrong, W. R. Bell, I. M. Buchan, Marion Bethune, Eli Barnes, Richard Bradford, T. P. Beard, James Cunningham, W. C. Carson, AL Claiborne, A. Colby, J. T. Costin, G. H. Glower, T. G. Campbell, jr., J. H. Caldwell, Mat. Davis, J. M Ellis, James Fitzpatrick, Mon- day Floyd, W. A. Golden, Samuel Gardner, ■ Guilford, N. N. Gober, W. L. Goodman, W. B. Gray, Virgil Hillver, H. C. Holcomb, W. H. Harrison, W. H. F. Hall. J. F. Harden, A. Haren, J. P. Hutchings, W. F. Holden, Charles H. Hooks, U. L. Plouston, John Higdon, G. W\ Johnson, Charles 0. Johnson, P. Joiner, Jackson, G. Lastinger, W. A. Lane, George Linder, J. A. Madden, R. Moore, Plate Madison, J. T. McCor- mick, John B. Nesbitt, J. C. Nisbit, Peter O'Neal, R. M. Parks, S. G. Prudden, James Porter, W. P. Price, J. L. Perkins, A. R. Reid, A. Richardson, J. Mason Rice, P. Sewell, F. M. Smith, Abram Smith, S. L. Strickland, J. M. Sims, S. F. Salter, E. Tweedy, W. W. Watkins, John Warren, Hiram Williams, W. N. Williams, A. J. Williams, B. H. Zellars, R. Tj. McWhorter, Speaker — 75. Nays — Messrs. /. K. Barnum, M. R. Ballen- ger, W. G. Broivn. J. A. Cobb, C. C. Cleghorn, A. E. Clond,^ W. H. Clark, C. C. Duncan, W. S. Erwin, McK. Fincannon, H. R. Fclder, J. E. Gullatt, W. D. Hamilton, G. M. Hook, Har- ris, C. H. Kytlc, J. J. McArthur, J. W. Mathews, R. W. Phillips, N. J. Perkins, F. L. Pepper, Thomas F. Rainey, V. P. Sisson, Dunlaj) Scott, W. M. Tumlin, U. 0. Tate, W. G. Vinson, L. H. Walthal, L. C. A. Warren— 2'd. *See p. 489 for a former vote on same proposition. 658 POLITICAL MANUAL. Iowa. Senate, January 26, 1870. Yeas — Messrs. Benjamin F. Allen, Charles At- kins, Charles Bcardsle}', G. G. Bennett, Edward M. Bill, Henry (J. Buli.s, Frank T. Campbell, John M. Cathcart, James Chapin, Hans R. Ciaussen, Go."!r;re W. Couch, John N. Di.xon, William G. iJcnnan, Joseph Dysart. George E. Griffith, Joseph Grimes, A. 11. Hamilton, Joseph W. Havens, Theodore Hawley, James S. Hurley, Alexander B. Ireland, Isaac W. Keller, William Larrabee, Matthew Long, Robert Lowry, John I\IcKean, Samuel McNutt, I. J. Mitchell, Napoleon B. Moore, Benjamin F. Murray, Homer E. Newell, J. G. Patterson, Abial R. Pierce, Wells S. Rice, Robert Smith, Henry C. Traverse, Marcus Tuttle, Jacob G. Vale, W. F. Vermillion, John P. West, William P. Wolf, James D. Wright— 42. Nays — Messrs. / P Casady, Lewis B. Dunliam, Samuel II. Fairall, Liberty E. Fellows, F. M. Knoll, E. S. IlcCulloch, M. B. Mulkern—1. House of Representatives, January 20, 1870. Yeas — ]^Iessrs. C. C. Applegate, Delos Arnold, Joseph Ball, James W. Beatty, John Beresheim, Peter G. Bonewitz, Aaron Brown, Joel Brown, Caleb Bundy, William Butler, G. W. Butterfield, William 11. Campbell, T. B. Carpenter, John Car- ver, Aylett R. Colton, M. E. Cutts, Harwood G. Lay, David Dickerson, Charles Dudley, Samuel B. "Dumont, David T. Durham, Benjamin F. El- bert, William C. Evans, Amos S. Faville, John W. Green, William Harper, 0. C. Harrington, George D. Harrison, B. F. Hartshorn, Benjamin A. Haycock, Joseph Hobson, John F. Hopkins, William Hopkirk, Henry L. llufi", John D. Hun- ter, George W.Jones, John A. Kas.'^on, Benjamin F. Keables, James P. Ketcham, John F. Lacey, Daniel S. Lee, Anders 0. Lommen, John Mahin, Constant R. Marks, L T. McCoun, George PI. McGavren, William ^V. Merritt, J.D. Miles, Lewis Miles, jr., John L. Millard, Claudius B. Miller, John D. Miracle, John Morrison, jr., Samuel Mur- dock, J. G. Newbold, Cole Noel, Timothy 0. Nor- ris, Galusha Parsons, Henry 0. Pratt, Samuel H Rogers, Matthias J. Piohli's, George N. Rosser, Neal W. Rowell, John Russell, Cummings San- born, Thomas J. Sater, J. W. Satterthwait, Eras- tus Snow, Benjamin Spencer, 0. 0. Stanchfield, David Stewart, Joh.n Y. Stone, A. H. Stutsman, Alexander H.Swan, John H. Tait, Hamilton B. Taylor, Frederick Teale, Gillum S. ToUiver, Joim W.' Traer, J. Q. Tufts, Edgar A. Warner, Jesse Wasson, Horace B. Williams, George H. Wright —84. Nays — Messrs. David S. Bell, John Christoph, Thcophiliis Crawford, Emory DeGroat, James Dunne, Patrick Gibbons, Christian Hirschler, James M. Hood, John P. Irish, William Mills, Frederick O'Donnell, Pierce G. Wriyht — 12. Maryland. Sen.\te, February, 1870. YEAfy— 0. Nays — Messrs. Joshua Biyys, Nathan Browne, John Lee Carroll, James C. Clarke, Barnes Cnmp- ton, Isaac M. Denson, James T- Earle, Daniel Fields, James H. Grove, Eli J. Hcnkle, Daniel M. Henry, C. H. Hyland, Charles M. Jump, Wil- liam, Kimmell, G. Frederick Maddox, Lemuel Malone, John M. Miller, John C. Parker, W. 0. Sellman, Henry Snyder, Alfred Spates, William B. Stephenson, William E. Timmoni, William Welsh, George W. Wilson — 25. House of Delegates, February, 1870. Yeas— 0. Nays — Messrs. R. W. Baldwin, William Bald- win, Horatio Beck, George Biddlc, Thomas R. Blake, Noah Bowlus, Robert F. Braitan, John B. Brown, Daniel W. Cameron, William E. Col- lins, George Colton, John H. Cooper, Andrew G. Chapman, Edward S. W. Choate, Andrew J. Crawford, William H. Crouse, Samuel K. Dennis, James I. Duke, CharlfS S. Duvall, John F. Ehlcn, Isaiah Gardner, Robert J. W. Garey, William G. Gordy, Arthur P. Gorman, Thomas II. Hamil- ton, Alexander Hardcastle, E. L. F. Hardcastle, Benjamin H Harrington, Henry R. Harris, F. S. Hoblitzell, J. T. C. Hopkins, John H. Jordan, Anthony Kean, E. G. Kilbourn, George A. Kirk, Benjamin Lankford, E. C. Latrobe, Jefferson D. Loker, Fendall Marbury, William T. Markland, John H Marshall, Thomas Martin, John T. Mc- Creery, James L. McLane, William M. Merrick, John W. Mitchell, Thomas W. Morse, Jacob My- ers, Alexander Neill, John Owens, Henry Owings, George Percy, John R. Purnell, William Richards, J. Alfred Ritter, James B. Sauner, David Seibert, Columbus I. Shipley, George A. Shower. Jolin M. Standish, J. M. Street, J. Monroe Sword, John B. Thomas, Joel Thomas, James Touchstone, Ltwis Turner, jr., Grecnbury M. Watkins, James Webb, George Wells, John Welty, William White, John F. Wiley, William B. Wilmer, James Wilson, Airheart Winters, Richard Wooton — 87. Minnesota. Senate, January 12, 1870. Tf^EAS — Messrs. George F. Batchelder, J. B. Crooker, Charles Hill, W. S. Jackson, D. E. King, J. A. Latimer, J. A. Leonar^l, Samuel Lord, C. H. Pettit, William Pfaender, B. F. Smith, B. D Sprague, H. C. Wait— 13. Nays — Messrs. L. L. Ba.der, George L. Becker, C. F. Buck, D. L. Buell, J. N. Castle, R. J. Chew- ning, William Henry, William Lochren — 8. House of Representatives, January 13, 1870. Yeas — Messrs. B. Abbott, William Barton, Ole C. Bratrud, H. A. Brown, William L. Couplin, William Close, R. Crandall, Orin Densmore, Plen- ry Drought, John Gage, S, W. Graham, A. R. Hall, B. S. Larsen, William Lowell, John Miller, Wil- liam E. Potter, E. A. Rice, H. W. Rulifison, M. E. L. Shanks, Giles Slocum, Ch-arles Stewart, P. H. Swift, Isaac Thorson, Nathan Vance, C. H. Waterman, A. C. Wedge, W. C. Young, John L. Merriam — 28. Navs — Messrs. /o/i.?i Bullen, G. M. Cameron, S. G. Canfeld, John M. Cool, J. K. Cullen,John Flan- negan, A. J. Fowler, A- M. Fridlcy, William Jones, John F. Meagher, J. S- Norris, John A. Pfaar, J. H Pound, M. Scanlan, John L. Wilson — 15. Mississippi. Senate, January 15, 1870. YEA3--^Mei5srs. F. M. Abbott. Horatio N. Bal- lard, Charles Caldwell, Thomas W. Castles. H. L. Duncan, John Gartman, William H. Gibbs, xvth amendment. 559 Eobert Gleed, William Gray, William M. Han- cock, Thomas J. JIardi/, Stephen Johnson, Robert E. Leachman, Finis H. Little, Orange S. Miles, Green Millsaps, Albert T. Morgan, Alston My- gatt, Henry M. Paine, J. H. Pierce, Hiram R. Revels, W. S. Rushing, James C. Shoup, George S. Smith, WUliam T. Stricklin, Thomas W. Stringer, Charles A. Sullivan, and Alexander Warner — 28. Nays— 0. House op Representatives, January 17, 1870. Yeas — Mr. Speaker, F. E Franklin, Messr.'s. P. Balch, P. Barrow, /. L. Bolton, J. F. Boulden, C. M. Bowles, Rasselas Boyd, E. Buchanan, \V. S. Cabell. M. Campbell, G. Charles, C. W. Clarke, J. S. B. Coggeshall, V. A. Collins, J. P. Conner, E. Carrie, A. K Davis, W. H. Foote, H. M. Foley, C. A. Foster, 0. C. French, John Gillis, T. k. Gowan, if. C. Orier, E. Plandy, W. W. Hart, E. P. Hatch, C. P. Head, W. L. Hnmningway, A. Henderson, J. L. Herbert, D. Higgins, William Hodges, G. Holland, W. Holmes, M. Howard, E. N. Hunt, H. P Jacobs, R. A. Johns. W. L. Jones of Marshall county, C. D. Landon, G. N. Lang- ford, H. W. Lewis, J. R. Lynch, C. W. Loomis, Henry Mayson, M. K. Mister, J. A. Moore, J. Morgan, L.,. A. Munson, M. T. Newsom, C. F. Norris, L N. Osborne, J. G. Owen, W. B. Owings, A. Parker, E. Phillips, J. H. Piles, Henry Pit- man, D. N. Quinn, A. S. Roane of Calhoun, W. ,H. Roane of Pike, / F. Sessions, W. B. Snowden, J. J. Spelman, J. Stewart, E. H. Stiles, D, Stiles, J. M. Stone, H. M. Street, H. Taylor, B. G. Un- derwood, J. V. Walker, H. W. Warren, G. W. White, S. V. W. Whiting, W. B. Williams W. J. Willing, A. S. Wood— 79. Nats— 0. Missouri House of Representatives, January 7, 1870.* Yeas — Messrs. J. J. Akard, Benjamin Alsup, Thomas W. Allred, A. J. Baker, Francis P. Becker, T. S. Benefiel, John Bitman, John H. Bolin, Jacob S. Boreman, Tarlton Brewster, Wil- liam P. Browning, Henry Bruihl, C. C. Byrne, Daniel Clark, M. S. Courtright, D. S. Crumb, W. H. H. CundiiT, E. S. Davis, R. B. Dennv, R. T. Dibble, John H. DoUe, W. B. Elliott, A. W. Elli- son, Frank Eno, John W. Enoch, John F. Fas- sen, William J. Ferguson, E. P. Ferrell, John B. Freeman, A. L. Gibbs, James Gibson, John H. Glenn, R. T. Gladney, August Hackman, James B. Harper, Samuel Hays, J. T. K. Hayward, Asa F. Heely, Newton P. Howe, Anthony Ittner, Jesse Jennings, R. F. Johnson, T. H. Jones, Rufus D. Keeney, Oscar Kirkham, Milo S. Laugh- lin, Frank E. Lombar, J. M. Magner, James C. McGmnis, William H. McLane, G. W. L. Mitch- ell, Robert S. Moore, H. G. Mullings, Adolphus Munch, William N. Nalle, Thomas D. Neal, W. H. Norris, W. R. Pyle, C. R. Peck, James L. Powell, Joseph Pulitzer, J. M. Quigley, David C. Reed, John A. Rice, Constance Riek, J. P. Rob- ertson, Samuel E. Roberts, Frederick Roever, L. A. Rountree, Ozias Ruark, F. T. Russell, Louis Schulenberg, Milton F. Simmons, Sam. L. Smith, James Southard, T. J. Stauber, Edraon Stinson, David K. Steele, L. A. Thompson, James S. Todd, *Tlie fm-mer vote, on p. 494, Manual of 1869, was void through informality. J. D. Vickers, B. J. Wai<>rs, Conrad Weinrich, Jacob Yankee, J. Morris Young, John C. Orrick, Speaker — 86. Nays — Messrs. James T. Adarns, Emile P. Albert, W. H. Bennett, Joseph Bogy, W. H. Bowles, S. A. Brown, John G. Burton, Thomas Byriis, D. S. Caldwell, R. A. Campbell, N. C. Claiborne, G. William Collcy, T. G. Harris, Jesse Huffman, Garland Hurt, William Key, W. J. I^nott, William T. Leeper, F. L. Marchand, An- drew McElvain, John If. McMichael, C. J. Miller, John P. Murpliy, Sidney S. Neely, M. H. Phelav, Amos R. Phillips, James H. Rfcj^ua, Lucicn Sal- isbury, John Salyer, Edwin 8. Sebastian, Marion Sides, George D. Sloan, Robert Waide, Theodore F. Warner — 34. Nebraska. Senate, February 17, 1870. Yeas— Messrs. Tolbert Ashton, E. E. Cun- ningham, William Daily, Geo. W. Frost, Samuel A. Fulton, Charles H. Gere, William F. Good- will, Hiram D. Hathaway, Nathan S. Porter, Eugene L. Reed, Thomas B. Stevenson, Edward B. Taylor- 12. Nays — Mr. Guy C. Barnum — 1. House of Representatives, February 17, 1870. Yeas — Messrs. Wells Brewer, Sardius C. Brewster, Jarvis C Church, Samuel Carter, Jona- than Edwards, James Fitchie, Joseph Fox, J. F. Gardner, Joel T. Griffin, J. McF. Hagood, P C. Jones, Edwin Loveland, A. F. McCartney, David McCaig, Joseph McKeon, H. 0. Minick, Daniel S. Parmelee, Watson Parish, L. W. Pattison, Christian Rathman, Hinman Rhodes, F. R. Roper, Geo. L. Seybolt, Geo. R. Shook, Henry Stinemann, A. S Stewart, W. H. B. Stout, J. W. Talbot, Ezra Tullis, Anton Zimmerrer, William McLennan, Speaker — 31. Nays— Messrs. Marcus Brush, J. S. Hunt, C. A. Leary, C. A. Spieice — 4. New Hampshire.* Senate, July 1, 1869. The resolution ratifying the amendment was adopted without a division, there being eleven Senators in the body, as follow : John H. Bailey, Nathaniel Gordon, Joseph F. Kennard, Jolm Y. Mugridge, George C. Peavey, Ezra Gould, Oilman Scripture, -Jonas Livingston, Ellery Albee, Ira Colby, jr., John W.Barney. New Jersey. Senate, February 7, 1870. Yeas — Messrs. Jesse Adams, John C. Belden, Edward Bettle, George T. Cobb, Samuel Hopkins, James H. Nixon, John W. Taylor, John Torrey, jr.-8. Nays— Messrs. Edward H. Bird, Joseph G. Bowne, James J. Brinkerhoff', Calvin Corle, Rich- ard E. Edsall, Job H. Gaskill, John Hopper, Henry S- Little, Learning Rice, Amos Robins, (President,) Noah D. Taylor, James T. Wiley, John Woolverton—lu. House of Assembly, February 1, 1870. Yeas — Messrs. Thomas C. Alcott, William H. * For vote in House, see p. 494, Manual of 1S69. 560 POLITICAL MANUAL. Barton, Columbus Beacli, Thomas Beesley, Henry L. Bonsall, Albert M. Bradshaw, Albert A. Drake, David Evans, Charles F. H. Gray, C. P. Gurnee, James L. Gurney, Leonard F. Harding, William A. House, John Hunkele, Levi D. Jarrard, Far- rand Kitchell, James C. Norris, Benjamin H. Overheiser, Theodore W. Phosnix, Albert L Run- von, Joseph F. Sanxay, William R. Sayre, Wil- liam C. Sliinn, Abel I. Smith, John R. Staats, Henry W. Wilson, Nimrod Woolery — 27. Nats — Messrs. Leon Ahhctt, James W. Arrow- smith, S. B. Bcraus, Ferdinand Blauck, Williayn Brinkerhojf, Oeorcje E. Brown, Herman D. Busch, Hiram C. Clark, James B. Doremus, Levi French, Charles 0. Groscup, William W. Hawkins, Henry Hohhs, Henry A. Hopper, Charles 0. Hudnut, Samuel H. Hunt, John liurfler, John P. Lair, John J. Maxwell, Mathexo Murphy, Austin H Patterson, Abraham Perkins, Theodore Prohasco, Absalom B. Purcell, Hugh Reid, Jesse M. Sharp, William Silverthorn, Caleb H. Valentine, D. H. Van Mater, Samuel Whartman, Chauncey G. WilliamrS, and Eben Winton — 32. Bhode Island. House of Representatives,* Jamtari/ 18, 1870. Yeas — Mr. Speaker Benj. T. Fames, Messrs. William T. Adams, Edwin Aldrich, William D. Aldrich, Ferdinand H. Allen, Emor J. Angell, Lucius C. Ashley, Julius Baker, John H. Bar- den, William W. Blodgett, Baylies Bourne, Fran- cis Brinley, Joseph F. Brown, Henry Bull, jr., John T. Bush, Ezra J. Cady, Thomas G. Carr, John G. Childs, J. Hamilton Clarke, William H. Clarke, James C. Collins, Davis Cook, jr., Sala- din Cook, Edwin Darling, Daniel E. Day, Henry F. Drown, Edward L. Freeman, Henry T. Grant, George W. Greene, Richard W. Green, Mason W. Hale, David S. Harris, Stephen Harris, William S. Kent, Robert R. Knowles, William Knowles, George W. Lewis, Nathan B. Lewis, John Love- land, Jesse Metcalf, Francis W. Miner, Arlon Mowry, Jabez W. Mowry, George H. Olney, Samuel B. Parker, Charles H. Perkins, DeWitt C. Remington, William H. Seagrave, Ira 0. Sea- mans, William P. SheiBeld, Orrin W. Simmons, George T. Spicer, Joseph E. Spink, Horatio A. Stone, Albert M. Waite, William R. Walker, John E. Weeden, Joseph D. Wilcox, James M. Wright— 59. Nays — Messrs. George N. Bliss, Theodore P. Bogert, Raymond P. Colwell, Nathaniel B. Dur- fee, Edward Lillibridge, John C. Pegram, Wil- liam C. Rhodes, Samuel Rodman, jr., Nathaniel C. Smith, Nathan T. Ferry— 10. Tennessee. Senate, November 24, 1869. The resolution ratifying the amendment was referred to the Committee on Federal Relations, from which it has never been reported. House of Representatives,! November 16, 1869. Yeas — Messrs. J. H. Agee, Baker, Boyd, Eckel, Hunley, Layman, McConnell, McElwee, Scott, Singletary, Snodderly, and Yoakum — 12. *Queftion po.stponed from May, 18G9, as shown on p. 487 Manual of ISiif). fTlio full names are not given here on account of Inability to obtain them. Nays — Messrs. Baber, Barry, Barton, Boyett, Bright, Caldwell, Cheatham, Clark of Jackson, Colville, Cox, Curl, Dunlap, Everett, Fleming, Glenn, Hampton, Harrison, Hinkle, Hornbcrger, James of Hamilton, James of Smith, J(/?if4', Kee- ney, Kclley, Kenney, King, Knight, Longacre, McGaughcy, Morrison, Neil, Nicks, Nixon, Pear- son, Rhea, Roach, Rose, Rosson, Russell of I'uth- erford, Saddler, Saunders, Sherrod, Slack, Smith, Spears, Steale, Stephens, Thomas, Towsand, Tuck- er, Walker, Warren, West, White, Wilson, Young, and Mr. Speaker Pearkins — 57. Texas. Senate, February 18, 1870. Yeas — Messrs. E L. Alford, Thomas H. Baker, John G. Bell, W. H. Bowers, E. T. Braughton, Don Campbell, D. W. Cole, E. L. Dohoncy, J. P. Douglass, W. Flanagan, S. W. Ford, A. K. Fos- ter, A. J. Fountain, Matt. Gaines, P. W. Hall, Theodore Hertzberg, H- R. Latimer, J. S. Mills, W. H. Parsons, B. J. Pridgen, E. L. Pyle, Henry Rawson, G. T. Ruby, W. A. Saylor— 24. Nays — Messrs. Samuel Evans, G. R. Shan- non — 2. House of Representatives, February 15, 1870. Yeas — Messrs. /. 0. Austin, J. A. Abney, C. 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. CoUon, J. R. 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. Harn, J. P. Hill, J. J. Hamilton, G. T. Haswell, /. E. Hawkins, J. W. Johnson, C. Jenkins, M. Kendal, John W. Lane, A. F. Leonard, W. J. Locke, M. Manning, J. H. Morrison, H. Moore, W. P. McLean, J. R. McKee, J. F. McKee, S. Mullins, D. Medlock, R. L. Moore, /. W. Posey, W. C. Pierson, B. R. Plumly, W. Prissie, W. G. Robinson, F. Schleckum, G. H. Slaughter, W. H. Sinclair, W.Sherriii", W. B. Stirman, E. L. Smith, C. J. Stockbridge, B. S. Shelburn, J. Schutze, F. Tegner, 8. S. Weaver, B. F. Williams, H. W. Young, J. B.York, H. C. Youngkin, R. Zapp, and A. Zoller— 65. Nays — Messrs. .i;i;, Jiiiliniij/ L. Knopp. John Law. Owen Lovejoy, Ruljcrt .McKni^ht, Robert Mallory, Justin S. Morrill, James K. Morris, War- rf authorizing the Northern Pacific Eailroad Companj' 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 Rail- 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 office 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 sound, via the valley of the Columbia river, with the right to locate and construct its branch from some convenient point on its main trunk 11:.^; 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, witliin the limits 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, witliin 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, except mineral and other lands, as ex- cepted in the cnarter of said company of ISfil, to the amount of the lands tliat 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, 1SG4. 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- [ileted by the Ist 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 ot 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 authorized shall at any time be enforced by foreclosure or other legal proceeding, or the mortgaged lands hereby granted, or aay 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, sucli 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. Sec. 2. That Congress may at any time alter or amend this joint resolution, having due regard to the rights of said company and any other parties. Approved, May 31, 1870. The final vote on this bill was as follows: In Senate, April 21, 1870. Yeas — Messrs. Ames, Anthony, Brownlovv, Bucking- ham, Cameron, Chandler, Cole, Corljctt, Cragin, Fen- ton, Ferry, Flanagan, Hamilton of Texas. Hamlin, Harris, Howard, Howe. Kellogg, McDonald, Morrill of Maine, MorriJ of Vermont, Norton, Nye, OsVjorn, Pat- ter.son, Pomeroy, Ramsey. Revels, Rice, Robertson, Sawyer, Scott. Spencer, " Stewart, Sumner, Thayer, Trumbull, Williams, Wilson, Yates — iO. Nats — Messrs. Bayard, Boreman. Casserly, Fowler, Harlan, McCreery, Morton, Pratt, Saulsbury, Schurz,Wil- ley— 11. In House of REPRESENTATives, May 26, 1870. Yeas— Messrs. Allison, Ames, Archrr, Armstrong, At- wood, Axtrll, Aver, Bailey, Banks. Barnum, Barry, Ben- nett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M. BrooliS, Buckley, Burdett, Roderick R.But- ler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Dawes, Deg- ener, Dickey, Dixon, Dockery, Dux, Ferriss, Ferry, Fitch, Fox, Garfield, Gibsnn, Hamilton, Harris, Hays, Hoar, Uooper, Ilotclikiss, Jb/(?(son. Alexander 11. Jones, Kellej', Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCarthy, McKee, McKenzie, .Morphis, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Peck, Berce, Peters, Phelps, Poland, Pomeroy, Prosscr, Roots, Sawyer, Schenck, Schumaltr. Lionel A. Sheldon, Porter Sheldon, Sherrod, Shoher. Joseph S. Smith, William J. Smith, Worthingtou C, Smith. \Vm. Smyth, Starkweather, Stokes, Stough- ton, Strickland, Taffo, Tanner, Tillman, Townsend, Trimble, Twichell, Von: Provided, That when so sold or conveyed the said lands in the hands of the p)urchaser, mortgagee, or trustee, or other grantees, shall be subject to sale to actual settlers within the time limited as aforesaid, and on the same terms as though the said deed, mortgage, or deed of trust had never been made: Provided, That if said road is not completed within ten years from the date of the acceptance of the grant herein made, the lands remaining along the un- completed portions of the road shall revert to the Government and be open to pre-emption and homestead entry after due public notice by the district land officers, under instructions from the Secretary of the Interior, as provided in the case of public lands. Which was disagreed to — yeas 68, nays 117, as follow : Yeas— Messrs. Ambler, Arnell, Asper, Beatty, Biggs, Bird, Butfinton, Burohard, Cessna, Sidney Clarke, Cleveland, Amasa Cobb, Col)arn, Cook, Cox, Crebs. Cul- lom, Dickinson. Donley, Duval, Dyer. Ela, Eh/ridge, Farnsworth, Grisivold^ Ifdi'/hl, lialdr)nan. Hawkins, Hawley, Hay, Hctliii, llolman, Ingersoll, /y^ow/i, Judd, Kerr, Knott, Lawrence, Lewis. Marshall, McCrary, Mc- Grew, McNeely, Eliakim H, Moore, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Potter, Randall, Reeves, Rice. Ridgway, Rogers. Sargent, Shanks, John A. Smith, StoveiiSDii, Stiles, Tyner, Upson, Van Wyck, Ward, Williams, John T. Wilson, Winans, Witcher, Woodward — G8. N.AYs — Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, Bingham, Blair, Boles, Booker, Bowen, Boyd, George M. Brooks, Buckley, Bni-dett, Roderick R. Butler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Dawes, Degener, Dickey, Dixon, Dockery, Dox, Ferriss, Ferry, Finkelnburg, Fitch, Fox, Garfield, Ge.tz, Halo, Hcmiil, Hamilton, Harris, Hays, Hoar, Hooper, Hotehkiss, KeMey, Kellogg, Kelsey, K etc ham, Knapp, Lafiin, Lash, Logan. Lynch, .Va(//(o;ii, Maynard, McCarthy, McKeo, Mel\en:ir,ih-\v\\Y, Morjihis, 1 >aniel J. .Morrel'l, Samuel P. Morrill, j1/oj-nsswsham, O'Neill. Packer, Paine, Peck, I'eree, Peters, Plielps, Poland, Pomeroy, Prosser, Rocts, Sawyer, Schcnck, Schumaker, Lioiiel A. Sheldon, I'ortcr Shel- don, Sherrod, S/ioher. Josiph S. Smith, Worthington C. Smith, William Smyth, Starkweatlier, Stokes, Stone, Stoughton, Strickland, Strong, Swann, Tuli'c, Tanner, Taylor, Tillman, Townsend, Trimble, Twiehell, Van Atiken, William B. Washbuvn, AVelker, Wheeler, Whit- more, Wilkinson, Euj/ene M. WiUo/n — 117. LAND SUBSIDIES. 571 Mr. Ela moved to add at the end of section one the following : And provided further, That any railroad now authorized or which hereafter may be author- ized to be built by competent State or national authority, whose line of road does or shall inter- sect the line of the said Noi'thern Pacific Railroad Company, shall have the right of way to the ex- tent of two hundred feet in width, with necessary grounds for depot purposes, over and across the lands of such company, now or heretofore granted to said Northern Pacific Railroad Company by act of Congress, free of any charge whatever. Which was disagreed to — yeas 69, nays 112, as follow : Yeas— Messrs. Ambler, Arnell, Asper. Beatty, Beck, Bird, James Brooks, Buffintoii, Burchard, Cessna, Sid- ney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cox, Crebs, CuUom, Dickinson, Donley, Duvcal, Dyer, Ela, Mdridge, Parnsworth, Finkelnburg, Griswold, Haight, Haldeman, Hawkins, Hawley, Hay, Heflin, Holnian, In- gersoll, Judd, Kerr, Knott. Lawrence, Lewis, Marshall, McCrary, McGrew, McKee, McNeely, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Potter, Randall, Reeves. Rice, Sargent, Shanks, John A. Smith, William J. Smith. Stevens, Stevenson, Stiles, Tyner, Upson, Van Wyck, Williams, John T. Wilson, Winans, Witcher, Woodward — G9. Nats — Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, Bingham, Blair, Boles, Booker, Bow- en, Bovd, George M. Brooks, Buckley, Burdett, Rod- erick R. Butler, Cake, Calkin, Chureliill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Dawes, Degener, Dixon, Dockery, Dnx, Ferriss, Ferry, Fitch, Fox, Garfield, Get^, Halo, Hamill, Hamilton, Har- ris. Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley. Kellogg, Kclsey, Ketcham, Knapp, Laflin, Lash, Lo- gan, tynch, Mayham, Maynard, McCarthy, McKenzie, Mereur, Daniel J. Morrill, Morrissey, Myers, Kegley, Newsham, Packer, Peck, Perce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, Joseph S, Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strickland, Strong, Swanii, Taffe, Tanner, Taylor, Tillman, Town- send, iVinii^c, Twichell, Van Auken, Voorhees, Ward, William B. Washburn, Wheeler, Whitmore, Wilkinson, Eugene M. Wdson — 112. Mr. Lawrence moved to insert the following additional section : Sec. — . That said 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 information as said Secretary may require, and in such form and verified in such manner as he may require. Which was disagreed to — yeas 62, nays 95, as follow : Yeas— Messrs. Ambler, Archer, Asper, Beatty, Reck, Bird, James Brooks, Bufflnton, Burchard, Cessna, Sidney Clarke, Amasa Cobb, Coburn, Cook, Cox, Crebs. Cullom, Dickinson, Oonley, Duval, Dyer, Farnsworth, Finkeln- burg, Getz, Haldeman, Hawley, Hay, Heflin, Ilolman, Kerr, Knott, Lawrence, Lewis, Marshall. McGrew, McXedy, Mereur, Jesse IL Moore, William Moore, Morgan, Orth, Packard. Packer, Potter, Randall, R/xves, Rice, Uidgway, Rogers, Sargent, Shanks, Stevenson, Stiles, Tyner, Van Wyck, Voorhees, Ward, Williams, John T.Wilson, Winans, Witcher, ^Voodward — 62. Nats — Messrs. Allison, Armstrong, Atwood, Axtell, Ayer, Bailey, Barnum, Barry, Bennett, Benton, Bing- ham, Blair, Booker, Bowen, Boyd, George M. Brooks, .Bueklev, Burdett, Ilenjamin F. Butler, Roderick R. Butler, Cake, Calkin, Churchill, William T. Clark, Con- fer, Conner, Covode, Cowles, Degener, Dixon, Dockery, >oa;, Ferriss, Ferry, Fitch, i^ljaT.'Garfield, Hale, Hamil- ton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kellogg, Kelsey. Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Mayham, Maynard, McCarthy, McKee, McKenzie, .Morpliis, Daniel J. Morrell, Mnrrissey, Myers, Negley, Newsham, O'Neill, Paine, Peck, Peters, Phelps, Poland, Pomeroy, Roots, Sawyer, Schumaker, Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Wor- thington C. Smith, William Smyth, Starkweather, Stokes, (Sione, Stoughton, Strickland, Tanner, Taylor, Townsend, irrtm;>/<'. Twichell, Van Auken, Whecler,Wil- kinsou, Eugene M. Wilson— 'db. 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 appurtenances, 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 : Yeas — Messrs. Ambler, Arnell, Asper, Beatty, James Brooks, Buffiuton, Burchard, Cessna, Sidney Clarke, Coburn, Cook, Cox, Crebs, Cullom, Dickinsmi, Duval, Dyer, Ela, Farnsworth, Finkelnburg, Haldeman, Haw- ley, Hay, Heflin, Holman, Ingersoll, Knott. Lawrence, Lewis, Marshall, McGrew, McNeely, Eliakim H. Moore, William Moore, Morpliis, Orth, Packard. Packer, Potter, Randall, Reeves, Rice, Sargent, Shanks, William J.Smith, Stiles. Tyner, Van Wyck, Williams, Winans, Witcher, Woodward — 52. Nats— Messrs. Allison, Ames, Archer, Armstrong, At- wood, Axtell, Ayer, Bailey. Barnum, Barry, Beck, Ben- nett, Benton, Biggs, Bingham, Bird, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Calkin, Churchill, Cleveland, Clinton L. Cobb, Conger, Conner, Covode, Cowles. Davis, Dawes, Dixon, Dockery, Donley, Box, Ferriss, Ferry, Fitch, Garfield, Getz, Hale, Hamill, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kellogg, Kelsey, Kerr, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCar- thy, McKee, McKenzie, Mef cur, Daniel J. Morrell, Samuel P. Morrill, Morrissey, Myers, Negley, Newsham, O'Neill, Paine, Peck, Perce, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, John A. Smith, Joseph S. Smith, Worthington C. Smith, William Smyth, Stark- weather, Stokes, Stone, Stoughton, Strickland, Strong, TafFe, Tanner, Taylor, Townsend, Trimble, Twichell, Upson, Van Auken. Voorhees, Ward, William B. Wash- burn, Wheeler, Wilkinson, Eugene M.Wilson — 115. Mr. Coburn moved to insert after the word "point," in line sixteen, these words: "not ex- ceeding three hundred miles east of the western terminus," so as to provide that the branch shall not be over three hundred miles in length. Which was disagreed to — yeas 68, nays 99, as follow : Yeas— Messrs. Allison, Ambler, Arnell, Asper, Beatty, Bingham, Bird, James Brooks, Buffinton, Cessna, Sid- ney Clarke, Cleveland, Amasa Cobb, Cobui'ii, Cook, Cox, Crebs, Cullom, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Griswold, Haight, Haldeman, Hawley, Hay, Heflin, Holman. Ingersoll, Judi, Knolt, Lawrence, Lewis, Marshall, McCrary, Mc- Grew, McNeely, Mereur, William Moore, Morgan, Orth, Packard, Packer, Paine, Potter, Randall, Reeves. Rice, A'td/jiwai/, Sargent, Shanks, John A.Smith, William J. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyck, Voorhees, Ward, Williams, Winans, Witcher — G8. Nays— Messrs. Ames, Archer, krms.Xvon^. Axtell, kyer, Bailey, iiamMW, Barry, Bennett, Benton, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, I5urdett, Roderick R. Butler, Cake, Calkin, (Jhurehill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dawes, Degener, Dixon. Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Hamill, Harris, llaj's. Hoar, Hooper, Hotchkiss, Jo7inso», Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCarthy, Mc- Kee, McKenzie, IVIorpliis, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Pomeroy, Rogers, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Shel- don, Sherrod, Shober, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Swann, "Taffe, Tanner, Taylor, Tillman, Towiisend, Trimble, Twichell, Van Auken, William B. Washburn, Wheeler, Whitmore, Wilkinson, Eugene M, Wdson, Woodward — 99. Mr. Coburn further moved to amend, 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, Butfinton, Burchard, Cessna, Sidney Clarke, C'levelaml, Amasa Cobb, Coburu, Cook, Crebs, Culloni, Dickinson. Duval, Ela, Eldridge, Farnsvvorth, Finkelnburg. Gris- wotd, Haiglit, JIaldeman, Ilawley, Hay, Hetlin, Holman, Ingei^oll, Judd, Kerr, Knott, Lawrouee, Lcicia, Mar- shall, JlcCrary, McGrew, McNeely, Jesse H. Moore, William Moore, J/or^/an, Orth, Packard, Packer, lian- dall, lifevcs, Rice, Sargent, Shanks, William J. Smith, Stevenson, Stiles, Tyuer, Upson, Van Wyek, Voorhees, Williams, Winans, *\ itcher— 59. Nats— Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, l^ailey, Barnum, Barry, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, Buck- ley, Burdett, Roderick K. Butler, Cake, C'a?A:(7i, Church- ill, William T. Clark, Cunger, Conner. Covode, Cowles, Dawes, Degener, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Gciz, Hale, Hamill, Hamilton, Harris, Hays, Hoar, Hooper, Hotehkiss, Johnson, Kel- ley, Kellogg, Kelsey, Keteham, Knapp, Latlin, Lash, Logan, L^'ueh, Maynard, McCarthy, McKee, ilf(;A'en3ie, Mercur, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Paine, Peek, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Sohenck, Sc/iumaA:er, Lionel A. Sheldon, Porter Sheldon, Sherrod, John A. Smith, JosepA S. Smith, Worthington C. Sinith, William Smyth, Starkweather, Stokes, Stone. Stoughton, Strick- land. iSwann, Taffe, Tanner, Tavlor, Tillman, Tovvnsend, Trimble. Twichell,Fan Aukcn, 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 he it further provided. That the gra.nts 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' Butlinton, Burchard, Ces.*na, Sidney Clarke, Amasa Cobb, Cook, Cowles, Cox, Crebs, Cullom, Dawes, Degen- er, Dicldnson. Donley, Duval, Dyer, Ela, Eldridge. Fmk- ehiburg, Garfield, Haldeman, Hamilton, Hawkins, Uaw- ley. Hay, lleflin, Ilolmnn, Inger.soU, Johnson. Judd, Knott, Lawrence, Lewis, AIc(Jrary, McGrew, McXecli/, Mercur, Eliakim U. Moore, Williiim Moore. Newsham, Oith, Packard. Packer, Paine, Pomeroy, Potter, Ran- dall, Reeves. Rice. Sargent, Shanks, .lohn A. Smith, Wil- liam J. Smith, Stevens, Stevenson, Stiles, Strong, Ty- uer, Upson, Van Wyck, Ward, AVilliam B. Washbtu'n, Williams, John T. Wilson, Winans, Witcher, Woodr ward — 72. Nats— Messrs. Ames, Armstrong, .i4a-?c/?, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Bird. Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, lioderick R. BiUler, "C.ake, Calkin, Churchill, William T. Clark, Cleveland, Clinton L. Cobb, Conger, Conner. Covode, Dixon, Box, Ferriss, Ferry, Fitch, Fox, Gcti, Ilaight, Hamill, Harris. Hays, Hoge, Hooper, Hotehkiss, Kel- ley, Kellogg, Kelsey, Kerr, Keteham, Knapp, Laflin, Lash, Logan, Lynch, Mayham, Maynard, McCarthy, McKee, Morphis. Daniel J. Morrell, Morrissey. Myers, Negley, O'Neill, Peck, Perce, Peters, Phelps, Poland, Prosser, Roots, Sawyer, Sehenck,iSc/iM.ma/ver, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, Jos'ph S. Smith. Worthington C. Smith, William Smyth, Stark- weather, Stokes, Stone, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Tovvnsend, Trimble, Twiehell, Van Auken, Wheeler, Whitmore, Wilkinson, Eugene M. W%o»— 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 : Re&olved, 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 Eepre- sentation in the Congress of the United States. Whereas the people of Virginia have framed and adopted a constitution of State government which is republican ; and whereas the Legislature of Virginia elected under said constitution have ratified the XlVth and XVth 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, &c., 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 preservntion, 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 meoiber 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 reljollion against the same, or given aid or comfort to the enemies thereof: so help nio God;" or such per- son shall in like manner take, subscribe, and file RESTORATION OF VIRGINIA, ETC. 573 the following oath: " I, , do solemnly swear that I have by act of Congress of the United States been relieved from the disabilities imposed upon me by the 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 peijury, and shall be punished therefor by imprisonment not less than one year and not more than ten years, and shall be lined 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 nest 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 eifects, 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 office 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: In Senate, January 24, 1870. Yeas — Messrs. Abbott, Anthony, Boreman, Brown- low, Backiugham, Carpenter, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Gil- bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Blorrill of Maine, Blorton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice," Robertson, Ross, Sawyer, Sohurz, Soott, Sherman, Spencer, Stew- art, Tipton, Trumbull, Warner, Willey, Williams, Wil- son, Yates — 17. Nays — Messrs. Bayard, Casserly, Davis, Fowler, Wilr Ham T. Hamilton, Norton, Saulsbury, Stockton, Thurman, Vickers— 10. In House, January 24, 1870. Yeas — Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Bailey, Banks, Beaman, Beatty, Benja- min, Bennett, Benion, Bingham, Blair, Boles, Bowen, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Clarke, Ama,«a Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom, Davis, Dawes, Dixon, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Finkelnbnrg, Fi.«her, Fitch, Garfield, Gilfillan, Hale, Hamilton, Hawley, Hay, Heaton, Bellin, Hill. Hoar. Sol. L. Hoge, Hooper, Ingersoll, Jenckcs, Judd, Julian, Kelley, Kellogg, Kel.>licable to all the voters of said State may te 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. Sec. 2. That the election of United States Sen- ators by the general assembly of said State, on the 19th day of October, 1869, shall have the same validity 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 take either )f the aforesaid oaths or affirmations shall be Jeemed guilty of perjury, and shall sufi"er the ^ains and penalties thereof, and may be tried, convicted, 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, Arnell, As- per, Beainan, Beatty, Benjamin, Bennett, Benton, Boles, Jiowen, Boyd, George M. Brooks, Buck, Buckley, Bul- finton, Burchard, Burdett, Roderick R. Butler, Cake, Ces8na,Churt;hill,Clarke,Amasa Cobb, Clinton L.Cobb, Coburii, Cook, Conger, Covvles, CuUom, Dawes, Dickey, Dixon, Diinley, Duval, Dyer, Ela, Ferriss, Ferry, Fink- elnbur.^, Fi.«lier, Fitch, Gai-field, Gillillan, Hale, Ham- ilton, U.awley, Hay, Heflin, Hill, Hoar,Solomon L. Hugo, Hooper, IngcrsoU, Jenckcs, Judd, Kelley, Kellogg, Kelsey, Keicliam, Knapp, Latlin, Lash, Lawrence, Lo- gan, Loughridgc, Maynard, McCarthy, McCrary, Mc- Grew, Mercur, J;iiakiin H. Moore, Jos.se II. Mooro, William Moore, iJauiol J. .Morrell, Samuel V. Morrill, Myers, ^eglfav, O'Neill, Orth, Packard, Packer, Paine, Palmer, Petew. Phelps. Pomeroy, Pros.scr, Koots, San- ford, Sargent, Schenek, Scofiehl, Shanks, Ijionel A. Sheldon, Portcv Sheldon, John A. Smith, William J. Smith, Wurthipf^lon C. Sniitli, William Smylli, Siaik- wcather,8ti'vens,9teven.'-on.SI(>kc.'j,.'^tiiughtciii,8troiig, Tntl'e, Townsend, Twichrll, 'Jvner, Up.snn, \'an llnrti. Ward, CailwaludcvC. Washburn, William B. Washhurn, Wheeler. B. F. What'inorc, Willard, Williams, John T. Wilson, Winaiis, Witi-her— I2.'J. Nats — Mcs'-rs. Admm, Archer, Axtdl, Bailey, Bank.s, Barnum, lirck. B'kjijh, Bingham, Bird, Blair, James Brooks, Burr, Calkin, Clffilaml, Cor, \)<'\\ni:-^c, Dickinson, l)c)ck- cry, Do.r, Eldriilgc, Furtisworth, Fox. Gelz, Golladai/, Greene. (Jriswcjhl, IJajjIit. llalikunan. Uamhicton, llnmiU, Uftwkiaf, Hcatou, Wjlman,, Juhiisun, Kerr, Knott, Mar- shaU. Mnvham, McCormkk. McNeeh/, Morgan, Mungm, Nihlack. Potter, Randall, Rcadinq, Reeves, Rice, Rogers, Schn maker. Slocum. Joseph S. Smith, Stiles. Stone, Strader, Swann, Sweeney, Tanner, Tillman, Trimble, Van Auken, Van Trump, Voorhces. Welker, Wells, Eugene M. WUson, Winchester, Wood, Woodward— 10, 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, "Alis- sissippi, and Texas to a vote of the ]>eople, and authorizing the election of State officers, pro- vided by the said constitutions, and members of Congress," approved April 10, 1869: Therefore, Be it rcsolced, &c.. That the said State of Vir- ginia is entitled to representation in tlie Con- gress of the United States. Which was adopted — yeas 98, nays 95, as fol- low: Yeas— Messrs. Adams. Archer, Axtell, Bailey, Banks, Barnum, Beck, Biggs, Bingham, Bird, Blair, George M. Brooks, James B^'ooks. Buckley, Burchard, Burr, Calkin, Cleveland, Cox, Crehs. CuUom, Dawes, Dewecso, Dickin- son, Dockery, Dox, Eldridge. Farnsworth, Ferry, Fink- elnburg. Fitch, i?'ox', Gartield, Gctz, Golladay,' Greene, Griswold, Haight, Haldeman, Hale, JTambleton, Ifamill, Hawkins, Hay, Heaton, Holman, Hooper, Ingersoll, .Tenckes, Johnson, Kellogg, A'err, Keteham, Knott. Laf- lin, Logan, Marshall. Ma;/ham, McCarthy, ilcCurmick, McNcely, Jes.se H. Moore, Morgan, Mu)igen, IViblack, Orth, Peters, Potter, Randall, Reading, Reeves, Rice, Ro- gers, Sanford, Schumaker, Slocum. Joseph S. Smith, Worthington C. Smith, Stiles, Stone, Strader, Strong, Swann. Sweeney, Tanner, Tillman, Trimble, Van Auken, Van Trump, Voorhees, Wells, Eugene M. Wilson, John T. Wilson, Winans, Winchester, Witcher, Wood, Woodward —98. Nats — Blessrs. Ambler, Ames, Armstrong, Arnell, Aspcr, Beaman, Beatty, Benjamin, Bennett, Benton, Boles, Bowen, Boyd, Buck, Burtinton, Burdett, Roder- ick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Coburu, Cook, Conger, Cowles, Dickey, Dixon, Donley, Duval, Dyer, Ela, Ferriss, Fisher, Gilfillan, Hamilton, Hawley,'Heflin, Hill, Hoar, Solomon L. Hoge, Judd, Kelley, Kelsey, Knaijp, Lash, Lawrence. Loughridge, Maynard, McCrary, Jb;-Gro\v, Mercur, Eliakim H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrin, Myers, Negley, O'Neil, Packard, Packer, Paine, Palmer, Phelps, Pomeroy, Prosser, Roots, Sargent, Schenek, Scolicld, Shanks, Porter Sheldon, John A. Smith, William J. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Tatie, Townsend, Twichell, Tyucr, 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, nays 49, as follow: Yeas — Messrs. Adams. Ames, Archer, Armstrong, Ax- tell, Bailey, Banks, Barnum, Beaman, Beck, Benjamin, Bennett, Biggs. Bingham. Bird, Blair, George JI. Brooks, James Brook's, Buck, Buckley, Burchard. Burdett, i)i»T, Roderick R. Butler, Cake, Calkin, Churchill, Clinton L. Cobb, Cook, Conger, Cowles, Cox, Crebs, CuUom, Dawes, Dcwcese, Dickinson, Dockery, Dox, Duval, Dyer, Eld- ridge, Farnsworth, Ferry, Finkeluburg, Fitch, Fox, Garfield, Gctz, Gilfillan, Golladait, Greene, Griswold. IJai'il.t. Haldeman. Hale, Ilambleion. Ilamill, Hawkins, Hay, lleaton, llcflin, Uill, Holman, Hooper, Ingersoll, Jeii/f!fA-, Orth, I'a.kurd, Packer, Paine, Peters, PoUind. Potter, Presser, Randall, Rending, Reeves, Rice, Rogers, Sant'ord, Sargent, Sciicnek, -Vc/iii- maker, ScM.lield, Porter Sheldon, i'/oorm, John A.Smith, Joseph i,'.Km(7/(. Worthington C.Smith, Starkweather, Slilc-i, Stone. SK.ughton, Strader. Strong, Swann, Sweeneij, Tanner, Tillman, 'y'rm6ic, Twichell. Tyiicr, Upson, I'an Auken, Van Trump. Voorhces, William B. Washburn, Melker, Wells, Williams, Eugene M. Wilson, John T. RESTORATION OF VIRGINIA, ETC. 675 Wilson, Winans, Winchester, 'Witcher, Wood, Woodward —142. Nays— Messrs. Ambler, Arnell, Asper, Beatty, Benton, Bole.?, Bovven, Boyd, Buffinton, Ces.sna, Clarke, Aniasa Cobb, Col)urn, Dickey, Dixon, Donley, Ela, Ferriss, Fisher, Hamilton, Ilawloy, Hoar, Solomon L. Hoge, Kelley, Kel.'^cy. Lawrence, Loughridgo, Jlaynard, Mc- t'rary,' William Moore, Negley, O'Neill, Palmer, Phelps, Pomeroy, Roots, Shanks, William J. Smith, William Bmyth, Stevens, Stevenson, Stokes, Tafie, Tovvnsend, Ward, Cadwalader C. Washburn, Wheeler, B. F. Whitte- more, Willard — 49. In Senate. 1870, January 17 — Mr. Edmunds moved to amend by inserting at the end of the bill the following proviso: Provided, That before any member of the leg- islature 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 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 Dy 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- ktered by competent authority; And provided further. That every such person who snail ne- glect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office ; Which (January 19) was agreed to — yeas 45, nays 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, Mc- Donald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Sherman, Spencer, Sumner, Thayer, Tipton, Warner, Willey, Williams, Wilson — 45. Nats — Messrs. Bayard, Casserhj, Davis, Ferry, Fow- ler, William T. Hamilton, Kellogg, MeCreerfi, Norton, Ross, Saulsbury, Stewart, Stockton, Thurman, Trumbull, Vickers — IG. 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 admitted to representation in Congress as one of the States of the Union, upon the fol- lowing fundamental conditions : First. That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the 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. Mr. Schurz moved to amend the amendment by inserting after the word "vote," the words "or to hold 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, McDonald, Morrill of Ver- mont, Morton, Osborn, Pomeroy, Pratt, Ramsey, Rice, Robertson, Schurz, Spencer, Sumner, Thayer, Warner, Wilson, Yates — 28. Nays — Messrs. Bni/ard, Carpenter, Casserlij, Cole, Conkling, Corbett, Cragin, Davis, Drake, Fenton, Ferry, Fowler, William T. Hamilton, Howard, Kellogg, Mor- rill of Maine, Norton, Nye, Patter.son, Ross, Saidshury, 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: Yeas— Messrs. Abbott, .4nthony, Boreman, Brownlow, Buckingham, Chandler, Cragin, Drake, Edmunds, Gil- bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Vermont, Morton, O&born, Pat- terson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Spen- cer, Sumner, Thayer, Wilson, Yates— 31. Nays — Messrs. Bayard, Carpenter, Casserly, Cole, Conkling, Corbett, Davis, Fenton, Ferry, Fowler, Wil- liam T. Hamilton, Morrill of Maine, Norton, Nye, Ross, 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 qualifications for office than such as are required of all other 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, Rice, Robertson, Schurz, Spencer, Sum- ner, Thayer, Wilson, Yates — 30. Nays — Messrs. Bayard, Carpenter, Casserhj, Cole, Conkling, Corbett, Cragin, Davis, Fenton. Ferry, Fow- ler, William T. Hamilton, Morrill of Maine, Norton, Nye, Ross, Saulshury, Sawyer, Scott, Sherman, Stewart, Stock- ton, Thurman, ' Tipton, Trumbull, 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 anj' 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 : Yeas — Messrs. Abbott, Anthony, Boreman. Brownlow, Buckingham, Cliandlcr, Cragin" Drake, Edmunds, Gil- bert, Hamlin, Harlan, Harris, Howard, Howe, McDon- ald, Morriil of Vermont, Morton, O.sliom, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Schurz, Spencer, Sumner, Thayer, Wilson, Yates — 31. Nats — Messrs. Bar/ard, Carpenter, Casserly, Cole, Conkling, Corbett, Davis, Fenton, Perry, Fowler, Wil- liam T. Hamilton, Kellogg, Morrill of "Maine, iVo7-ton, Nye. Ross, SauUbury, Sawyer, Scott, Sherman, Stewart, Stockton, 7"/j»rman, Tipton, Trumbull, PJcAers, 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 condition precedent to the representation of the State in Congress : Therefore Which was agreed to — yeas 39, nays 20, as follow : Yeas— Messrs. Abbott, Anthony, Boreman, Brown- low, Buckingham, Chandler, Cole, Cragin, Di-ake, Ed- munds, Fenton, Gilbert, Hamlin, Harlan, Harris, How- ard, Howe, McDonald, Jlorrill of Maine, Morrill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Spen- cer, Sumner, Thayer, Tipton, Willey, Williams, Wilson, Yates— 39. Nays — Messrs. iJayard, Carpenter, Cas«erft/, Conkling, Corbett, 2>ai'is, Ferry, Fowler, William T.Hamilton,Ke\- logg, Norton, Nye, Saulsbury, Sherman, Stewart, Stock- ton, Thurman, Trumbull, Vickers, Warner— 20. The bill as amended passed the Senate and was concurred in by the House as 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 United 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 Mississippi to Bep- resentation in tbe Congress of the United States. Whereas 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, &c., 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 afterward 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 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 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 of 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 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 RESTORATION OF VIRGINIA, ETC. 577 require of him any other qualifications for office than 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, Booker, Bow- en, Boyd, Georfje M. Brooks, Buck, Buckley, Buffinton, I5urcharQ, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L.Cobb, Coburn, Cook, Conger, Cowles, CuUom, Davis, Dawes, Dovveese, Dickey, Dixon. Dockery, Don- ley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Finkelnburg, Fitch, Garfield, Gilfillan, Hale, Hamilton, Hawley, Hay, Heflin, Hill, Solomon L. Hoge, Hooper, Jcnckes.Judd, Julian, Kelley, Kellogg, Kelsey, Ketch- r.m, Knapp, Lafiin, Lash, Lawrence, Logan, Lough- ridge, Lynch, Maynai J, McCrary, McGrew, McKenzie, Mercur, Milnes, Eliakim H. Moore. William Moore, Daniel J. Morrell, Samuel P. Blorrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Peters, Phelps, Piatt, Pomcroy, Prosser, Ridgway, Roots, Sargent, Saw- yer, Seofield, Shanks, Lionel A. Sheldon, Porter Shel- don, John A. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strong, Taffe, Tanner, Tillman, Townsend, Twiehell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, B. F.Whittemore, Wilkin- son, Willard, Williams, John T. Wilson, Winans— 131. Nats — Messrs. Adams, Archer, Beck, Biggs, Bird, James Bronks, Burr, Calkin, Cleveland, Cox, Crebs, Dickinsrm, Dnx, Eldridge, Gelz, Gil>son, GoUaday, Greene, Griswold, Haight, Hambietnn, Hamdl. Hoar, ffolman, Johnson, Thomas L. Jones, Kerr, Knntt, Marshall, Mayhnm, McCurmick, McNeehj, Morgan, Nil/lack, Palmer, Potter, Rani all, Reading, Reeves, Rice, Rogrrs, Schumaker, ,sherrod. Stiles, Stone, Strader, Swann, Sweeney, Van Auken, Van Trump, Voorhees, Wells, Winchester, Wood, Woodward— 5G. In Senate, February 17, 1870. Yeas— Messrs. Abbott. Anthony, Boreman, Brown- low, Buckingham, Cameron, Chandler. Cole, Conkling, Corbett, Cra<;in, Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, Howell, Kel- logg, McDonald, Morrill of Maine, Morrill of V^ermont, Morton, Nye.Osbom, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Ross. Sawyer, Scott, Spen- cer, Sprague, Stewart, Sumner, Thayer, Tipton, Trum- bull, Warner, Willey, Williams, Wilson, Yat -s — 50. Nats — Messrs. Bai/ard, Casserlt/, Davis, Fowler, Wil- liam T. Hamilton, Johnston, McCreery, Saulsbury, Stock- ton, Thurman, Vickers — 11. Frevions Votes. In HocrsE. 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, Be it enacted, &c.. That the said State of Mis- sissippi is entitled to representation in the Con- gress of the United States. Which was not agreed to — yeas 83, nays ICO, as follow : Yeas — Messrs. Adams, Axtell, Barnum, Beck, Siggs, Bird, Blair, James Brooks, Burchard, Burr, Calkin, Cleveland, Cox, Crebs, Deweese, Dickinson, Dockery, Box, Eldridge, Farnsworth, Ferry, Finkelnburg, Pitch, Gar- field. Gctz, Gibson, Golladati, Griswold, Haight. Hale, Hambleton, Hamill, Hawkins, Hay, Hill, Iloiman, Jenckes, Johnson, Thomas L. Jones, Kellogg, A'crr, Ketcham, Knott, Laflin, Logan, Marshall, Mayham, McCortnick, McKenzie, McNeely, Milnes, Morgan, Niblack, Orth, Potter, Randall, Reading, Reeves, Rice, Ridgway, Rogers, Schumaker, Sherrod, Slocum, Joseph S. Smith, Stiles, Stone, Strong, Swann, Sweeney, Tanner, Tillman, Trimble, Van Auken, Van Trump, Voorhees, Wells, Eugene '61 M. Wilson, Winans, Winchester, Witcher, Vi'ood, Wood- ward — S3. Nats — Messrs. Allison, Ambler, Armstrong, Arnell, Asper. Ayer, Banks, Beaman, Beatty, Benjamin, Ben- nett, Benton, Boles, Booker, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burdett, Benjamin F. But- ler, Roderick R. Butler, Cake, Cessna, Churchill, Clarke. Amasa Cobb, Clinton L. Cobb, Colsurn. Cook, Conger, Cowles, Dickey, Dixon, Donley, Duval, Dyer, Ela, Ferriss, Hamilton, Hawley, Heflin, Hoar, Judd, Julian, Kelley, Kelsey, Knapp, Lash, Lawrence. Lynch, McCrary, McGrew, Mercur, Eliakim 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, Scotleld, Shanks, Lionel A. Sheldon. Porter i 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, 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 Virginia 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, Mc- Creery, Nye, Ross, Saulsbury, Sawyer, Sprague, Stewart, Stockton, Thurman, Trumbull, Vickers, 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, Spencer, Sum- ner, Thayer, Tipton, Wilson, Yates — 36. The Committee on the Judiciary recommended to amend by striking out all the provisos ; 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, McCreery, Morrill of Maine, Ross, Saulsbury, Sawyer, Scott, , Sprague, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey, Williams— 27. Nats — Messrs. Abbott, Anthony, Boreman, Brown- low, Buckingham, Cameron, Chandler, 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 has ratified the XlVth and XVth amendments to the Con- stitution of the United States ; and whereas the performance of these several acts in good faith 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 : Provided, That before any member of the legislature of said State shall take or resume his seat, or any officer of said State 578 POLITICAL MANUAL. shall en tor upon the duties of his oflSce, he shall take and subscribe and file in the office of the secrptar\f of state of Texas, for permanent preser- vation, an oath or afiirmation in tlie form fol- lowing: "I, , do solemnly swear (or alfirm) that I have never taken an oath as a member of Congress, or as an ofiicer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States and afterward engaged in insurrection or rebel- lion against the same, or given aid or comfort to the enemies thereof: so help me 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: "1, , do solemnly swear (or atSrm) that 1 have, by act of Congress of the United States, been relieved from the disabilities imposed upon mo 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 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 oatlis or affirmations, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath or affirmation was regularly and lawfully adminis- tered by competent authority : And provided fur- ther, That every such person who sliall neglect for the period of thirty days next after the pas- sage 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 Texas is admitted to representation in Congress as one of the States of the Union, upon the following fundamental conditions : First, Tliat the constitution of Texas shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitu- tion herein recognized, except as a punishment for sue! I crimes as are now felonies at common law, whereof thev shall liave been duly convicted under laws equally applicable to all the inhabit- ants of said State: Provided, That any alteration of Haid constitution, prospective in its eii'ccts, may be made in regard to tlie 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 right to liold office under the constitution and laws of said State, or upon any such ground to require of him any otlier qualifications lor office than such as are required of^ all other citizens. Third, That tlie constitution of Texas shall never be so amended or changed as to deprive any citizen or class of citizeus of the United States of the school rights and privileges secured by the constitution <. i said State. Approved, March 30, 1870. The final votes on this act were as follow: In Senate, March 29, 1S70. Yeas— Messrs. Abbott, Boreman, Brownlovv, Bucls- in;^ham, Cameron, Cattell, Chandler, Cole, Corbctt, Cra- Rin, Drake, Feuton, Ferry, Gilbert. Hamlin, Harlan, Harris, Howard, Howell, Lewis, McDonald, Morrill of Jlainc, Morrill ol Vermont, Morton, Nyo, Ot^born, Pat- terson, Pomeroy, Pratt, Uamsey, Revels, Rice, Robert- son, Rosa, Sawyer, Seliurz. Scott, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wavner, Willey, Wil- liams, Wilson — '17. Nats — Messrs Bayard, Casserly, Davis. WiUiani T. Hamilton, Johnston, McCreery, Norton, Saulsbury, Stock- ton, Thurman, Vickers — H. In House, March 30, 1870. Yeas — Messrs. Allison, Ambler, Ames, Arnell, Asper, Atwood, Ayer, Beaman, Beatty, Benjamin, Bennett, Benton, Bluir, Boles, Boyd, George M. Brooks, Buck, Buckley, Buflinton, Burchard, B'urdett, Benjamin F. Butler, Cake, Cessna, Sidney Clarke, Clinton L.Cobb, Goburn, Cook, Conger, Covode, Cowlcs, Cullom, Davis, Dawes, Dickey, Dixon, Dockery, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Finkelnburg, Fisher, Garfield, Gilfi I Ian, Hale, Hamilton. Harris, Hawley, Hay, Heaton, Heflin, Hill, Hoar, Hoge, Hooper, ln.u:ersoll, Jenckes. Alexander H. Jones, Judd, Julian, Kclley, Kelsey, Knapp, Lash, Lawrence, Logan, Loughridtrc, Lynch, Maynard, McCarthy, MeCrary, McGiew, Mc- Kcnzie, Mercur, Milnes, Eliakim H. Moore, Vv'illiam IMoore, IMorphis, D. J. Morrell, Myers, Neglcy, O'Neill, Orth. Packard, Packer, Paine, Perce, Peters, Piatt, Po- land, Pomeroy, Prosser, Roots, Sanford, Sargent, Saw- yer, Sehenck,.9cotield, Shanks, Lionel A. Sheldon, Por- ter Sheldon. John A.Smith, William J. Smith, Worthing- ton C. Smith, William Smyth, Stevens, Stevensoii, Stokes, Stoughton, Stricklarid, Taffe, Tillman. Tyner, Upson, Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, Wilkinson, Williams, John T. Wilson, Winans, Witch- er— i;jO. Nays — MoB=rs. Adams, Archer, Axtell. Beck, Bigqs, Bird, James Brooks, Burr, Calkin, Cleveland, Cox. Crcbs, Dickinson, Dox. Eldridge, Getz, Oibson, Grisirotd, Haight, Haldeman, Ilambleton, Ilamill, Holman. Kerr, Knott, Marshall. Mai/ham, McCormick, McNeely, Morgan. Munrjen, Niblack, Potter, Randall, Reading, Rice. Ridgway, S'chu- maker, Sherrod, Slocum, Joseph 8. Smith, Stiles, Stone, Swann, Sweeney, Trimble, Van Trump, U'cWs, Eugene il. Wilson, IFood— 50. Previous 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 wliich 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. Which was disagreed to — yeas 49, nays 121, as follow : Yeas — Messrs. Adams, Archer. Barnum, Beck, Bifigs, Bird, James Brocks, Burr. Calkin, Crebs, Vickinr.mi. Vox, Kldridgp, Cetz, Qfiswold, Ilaiijld, ITuldem'in, Hamill, IlnJr man, Jnhnion, Kjerr. Knotl, il lyhnm, McOn-mick, McKen- zie, McNeely, Mnnjan, Mumien, Ntblack, Puller, Randall, Reading, Reeves, Rice, Ridgway. Rogers, Sco(i(i\d, Sherrod, Slocum, Sttles, Stone., Swann, Trimble, Van Aul.cn, Van Trump, Viinrhrcs, Wills, Eugene M. Wilson, Wand — '!9. Nav.s— Messrs. Allison, Ambl-^r, Armstrong, Arnell, Asper, Atwood, Axtell, Beatty. Benjamin, Blair, Bolos, Booker, Boyd, George M. Brooks, Buck, Buckley, DECLARATORY RESOLUTIONS. 579 Buffinton, Burchard, Biirdett, Benjamin F. Butler, Koderick R. Biulor, Cake, Cessna, Churchill, Sidney- Clarke, Ama?a Cobb, Clinton L. Colib, Coburn, Conner, Covode, Cullom, Dawes, Duval. Ela, Ferriss, Ferry, Finkelnburg, Fisher, Garfield, Hamilton, Harris, Haw- kins, Hawley, Hay, Heaton, llcflin, Hill, Hoar, Hooper, InsersoU, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Laflin, Logan, Lougiiridge, Lynch, Mavnard, McCarthy, McCrary, McGrcw, McKee, Jesse H. Moore, William Moore, Morphis, Moirell, Morrill, Myers, O'Neill, Orth, Tack- ard, Packer, Paine, Palmer, Perce, Peters, Poland, Pomeroy, Prosser, Ptoots, Sanford, Sargent, Sawyer, Schenck, Schumaker, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Striclcland, Strong, TafFee, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Wa«hburn, William B. Washburn, Welker, Wheeler, Wilkinson, Willard, Williams, John T. Wilson, Winans— Ivil. Mr. Beck 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 Kepresentatives 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 States." Which was disagreed to — yeas 52, nays 106 — as follow: Yeas— Messrs. Adams, Archer, Beck, Biggs, Bird, Blair, James Brooks, Burr, Calkin, Dickinson, Dockery, Dox, Eld- Hdge, Fnri\BWortb^Getz,Griswnld, HaigM,Haldi'man, Hamill, Hawliins, Hay, Ilalman, Johnson, Kerr, Knott, Mayham, McCormicl; McKcnzie, McNeely, Morgan, Mungen, JViUack, Potter, Randall, Heading, Heevs, Rice, Ridgway, Rogers, Scliuniaker, irth, Packard, Paine, Peters, Pomeroy, Poficr, Randall, Reeves, Rice, Ridgna;/, Rogers. Sawyer. Scbonck, Schumaker, Shanks, Sh'rrod, Sloctmi, John A. Smith, Worthington C. Smith, Starkweather, Stevens. Steven- son, .*^fi/e,<(, Stokes,iS^onf..S'. Nats — Messrs. Archer, Banks, Barnum, Beaman, Ben- ton, i^m/, George M. Brooks, James Bioohs, Birtfinton, Burr, Cake, Calkin. Cessna, Cowles, Dawes, Dickey, Dickinson, Di.xon, Ela, Eldridife, Fcrriss, Fisher, Gar- field, Gibson, Griswold, IlaUicman, Hale, Hambleton, Bamill, Hoar, Ilolman, Hooper, Hotehkiss, Jenokes, Tho'man L Jones, Kflh^y, Kellogg, Kelsey, A'rrr, Knapp, Lawrence, Lynch, Mc'Vormick, McGrew, McNccli/, Mer- cur, William Moore, Mon/an, Daniel .J. Morrell, il/»ii- Sen, Myers, Negley, Nibl'ack, O'Neill, Packer, Peiirs, Phelps, Poland, Potter, liandaU, Reeves, Schenck, Schu- makcr, Scofield, John A. ii\i\M\, Joseph S. Smith, Worth- rngton C. Smith, Starkucuthcr, Stevens, Stevenson, JStrader, Strong, Tanner, 'I'aylor, VViniWe. Twichell, Van Tfrump, Voorhecs, Ward, William B. Washburn, Wells, Whoeler, Willard, Wood, Woodward— SH. Ik Senate. 1B70, May 25— Mr. Trumbull, from the Com- mittee on the Judiciary, reported the bill with amendments, as follows: Strike out the words "two hundred and seventy-five" wherever they occur, and insert the words "three hundred." Strike out all from the word "limited" in the 11th 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. — Tlic 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 : Yeas— Messrs. Abbott, Bayard, Boreman, Carpenter, Cnsserl'i, Chandler, Corbett. Fowler. Gilbert, Harlan, Howard, Howe, Howell. Johnston. Kellogg, McCrcery, McDonald, Pomeroy, Kam.sey, Rico. Ross, Schurz, Sprague, Stewart, Stockton, Thayer, Thurman, Tipton, Trnmbtill, Warner, Yates — 31. Nays — Messrs. Ames, Brownlow, Bnckinaham. Cole, Davis. Drake, Fenton, Hamilton of Maryland, Hamil- ton of Te.xas, Hamlin, Morrill of Maine, Morrill of Vermont, Morton, Pratt, Robertson, liauUbury, Scott, Sherman, Sumner, Vickers, Williams — 21. The next amendment of the committee, to strike out the following words — "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 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 "of such State;" and the words "unless otherwise provided by such State," at the end of the sec- tion, so that it would read: "And if the representation of any State shall be increased or diminished by such apportion- ment, any additional representative or repre- sentatives of such State so increased and all the representatives of any State so diminished in the Forty-Second Congress shall be chosen by the State at large, unless otherwise provided by such State." Mr. Drake moved to add thereto the following words: "but thereafter shall be elected by single districts ;" which was disagreed to — yeas 24, nays 28, as follow : Yeas— Messrs. Ames, Boreman, Buckingham, Cos- serly, (Jorbett, Davis. Drake, f^dmunds, Fenton, Ham- ilton of Maryland, Howell, Johnston, McCrcery, Morrill of Vermont, Morton, Pool, Pratt, Schurz, S(;c)tt, Spen- cer, /cCVeer?/, [ McDonald, Morton, Nye, Osborn, Pomeroy, Ramsey, | Robertson, Ross. Sherman, Spencer, Stewart, Stockton, : Thayer, Trumbull, Vickers, Warner— 31. I The bill, some verbal amendments having been made, was then passed — yeas 30, nays 10, as fol- low: j Yeas — Messrs. Abbott, Ames, Bayard. Boreman, Cas- eerii/, Chandler, Z)ai'w, Fowler, Gilbert, Harlan, Howard, Howe, Howell, Lewis, McOreery, McDonald, Morton, Nye, Osborn, Pomeroy, Pratt, Ramsey, Robertson, Boss, Spencer, Sprague, Stewart, Stockton, Trumbull, ', Warner — 30. j Nats — Messrs. Cole, Drake, Hamilton of Maryland, ; Hamlin, Morrill of Maine, Morrill of Vermont, Scott, Sherman, Sumner, Vickers— 10. In House. June 22 — Mr. Judd moved that the amend- ments of the Senate be concurred in. Mr. Mar- shall moved to add the following as an additional section : Sec. 6. That in all cases at any election where there shall be two or more members of Congress elected in any State by general ticket, each quali- fied voter may, at such election, cast as many votes for one candidate as there are representa- tives to be thus elected, or may distribute the same, or equal parts thereof, among the candi- dates, as he shall see fit; and the candidates highest in votes shall be declared elected. Mr. Scofield moved that the bill and amend- ments be laid on the table, which was disagreed to — yeas 78, nays 95, as follow: Yeas — Messrs. Ames, Archer, Armstrong, Bailey, Banks, Blair. George M. Brooks, James Brooks, Bufiin- ton, Benjamin F. Butler. Cessna, Churchill, Covode, Cox. Crcbs. Davis, Dawes, Dickey, Dixon, Donley, Ela, EUlridge, Ferriss, Fisher, Fox, Getz, Gilfillan, Hnl'deman, 'HA\e.Hambleton.Hamill,lioar,Jc'nckes,Tlwmas L.Jones, Kelley, Kellogg, Kelsey, Ketcham. Knapp, Laflin, Lash, Lawrence, Marshall, Mayham, McNeely, WlHiam Moore, Morgan, Myers, Negley, Niblack. O'Neill, Packer, Phelps, Poland, Potter, Prosser, Randall. Reeves, Sco- field. Porter HUe\don, Shobcr. Slocum. John A. Smith, Joseph S. Smith, Stevens. Stevenson, Stile's, Strong, Swann, Tanner, Tavlor.Twiehell, Van Aulen, Van VVyck, Ward, William B. "Washburn, Wheeler, Hood— 78. Nays — Messrs. Allison. Arnell, Asper, Atwood, Axtell, Beatty, Beck. Benjamin, Bennett. Bingham. Bird, Boles, [ .Boo/i-eV. Boyd, Buck, Burchard. Burdett, Calkin. William j T. Clark, Sidney Clarke. Cleveland, Amasa Cobb, Clin- I ton L. Cobb, Coburn, Cook. Conger. Cullom, Degener, I Dickinson, Dockery, Dyer. Farnsworth. Ferry, Finkeln- I burg. Gartield, Haiqht, Harris, Hawkins, Hay, Hays, ] Heflin, Ingersoll, Johnson, Judd, Julian. Knott, Lewis, Logan. Maynard. MeCormick, McCrary, McGrew, Mc- I Kec, McKenzie. Jesse H. Moore, Morphis, Daniel J. | Morrell. Orth. Packard. Paine, Palmer, Peck, Perce, Piatt, Pomeroy, Rice, Rogers, Roots, Sargent, Sawyer, I Schenck, Schumaker, Shanks, Lionel A. J'heldon, Sher- \ rod, William Smyth, .Stoughton, Strader. Strickland, [ TafFe, Trimble. Tyner. Upson, Van Horn, Wallace, Cad- j walader C. Washburn, Welker. Wells, Whitmore, Wil- kinson, Williams, Eugene M. Wilson, John T. Wilson, I Winans, Winchester — 95. | June 23 — Mr. Scofield moved that the bill and amendments be referred to the Committee on the Judiciary ; which was agreed to — yeas 96, nays 94, as follow : Yeas— Messrs. Ames,.i4rcfter, Armstrong, Arnell, Bailey, Banks, Beaman, Bennett, Biggs, Bird, lllair, George M. Brooks, James Brooks, Butiinton, Burr, Benjamin V. But- ler, Ca/Wre, Cessna, Churchill, William T. (lark, CTfue- iand, Covode, Cox, Davis, Dawes, Dickey, Donley, Ela, £/drid<7e, Ferriss, Fisher, Getz. G \lf\\\;in. Uriswold, Haight, Haldeman. Hale, HamUHon, I/amitI, Hill, Hoar, llolman. Hooper, Jenckes, Julian, Kelley, Kellogg, Kelsey. Ketcham, Knapp. Latlin. Lash, Lawrence, Lewis. May- ham, Maynard, McNeely, William Moore, jt/or'/an, Daniel J. Morrell, Samuel P. Morrill, Morrisfey, Myers, Negley, A'jWacfc, O'Neill, Packer, Phelps, Poland, Porter, Ran- dall, Renes, Sanford. Scofii^ld, Porter Sheldon, Shober, Slocum, John A. Smith, William J.Smith, Starkweather, Stevens, Stevenson, Sides, Stone, Strong, Swann, Taylor, Twichell, Van Atiken, Van Trump, Van Wyck, Ward, Wil- liam B. Washburn. Wheeler, Wood, Wooilward — yn. Nats — Messrs. Adams, Allison, Asper, Atwood, Axtell, Barry, Beatty, Beck, Benjamin, Bingham, Boles, Booker, Boyd, Buck. Buckley, Burc hard, liurdett, Sidney Clarke, Amasa Cobb. Clinton L. Cobb, Coburn, Conger, Conner, Cook, Cullom, Degener. Dickimon, Dockery, Dox, Dyer, Farnsworth, Ferry. Finkelnburg, Garfield. Gibson, Ham- ilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Ingersoll,Joft7is'/w. Alexander H.Jones, Thomas L. Jones, Judd, Knott, Logan, Marshall. McCorm'ck, McCrary, McGrew, McKee. McKenzie. Jesse H. Moore, Morphis, Newshani, Orth, Packard, Paine, Palmer, Peck. Perce, Piatt. Prosser, Rice, Rogers, Roots, Sargent, Sawyer, Sh.anks, Lionel A. Sheldon, Sherrod. Joseph S. SmiOi, William Smyth. Stoughton. Strader, Strickland, Taffe, Tillman, Trimble. Tyner, Upson, Van Horn, Wallace, Cad walader C. Washburn, Welker, Wells, Whitmore, Wilkinson, Williams, John T, Wilson, Wincli^ster—H. Present Apportionment. The present apportionment is as follows: Maine 5 Kentucky 9 New Hampshire 3 Tennessee 8 Vermont 3 Indiana 11 Massachusetts 10 Illinois 14 Rhode Island 2 Missouri 9 Connecticut 4 Arkansas 3 New York 31 Michigan G New Jersey 5 Florida 1 Pennsylvania 24 Texas 4 Delaware, 1 Iowa 6 Maryland 5 Wisconsin 6 Virginia 8 California 3 North Carolina 7 Minnesota 2 South Carolina 4 Oregon 1 Georgia 7 Kansas I Alabama 6 West Virginia 3 Mississippi 5 Nevada 1 Louisiana 5 Nebraska 1 Oliio 19 Whole number of representatives 243 Delegates 9 Whole number of representatives and delegates 252 The original number fixed was 23.3. Eight were sub- sequently added for .special States, making 241, and Nevad<) and Nebraska have 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 Eassed by the Senate on the 7th day of July, 1870, ut 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, nays 97. 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 LVII. BANKING AND CURRENCY. AN ACf to provide for the redemption of the three per centum temporary loan certificates, and for an increase of national bank notes. Beit cna€t,:d,d: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 bj' 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, 186-i; 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 oi 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 oi 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 bo reported, and may, if necessary, in order to procure the presentation of such temporary loan certificates for redemp- tion, give notice to the holders thereof, by pub- lication or otlierwise, that certain of said certifi- cates (which shall be designated by number, date, and amount) shall cea^e to bear interest 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 ot 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 be lawful for the Comptroller of the Currency to issue to the association making the same circulating notes of different denominations not less than So, not exceeding in amount eighty per cent, of the par value of the bonds depositea, 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 upon 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. Sec. 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. Sec. 5. That every association organized for the purpose of issuing gold notes as provided in this act shall be subject to all the requirements and provisions of the national currency act, ex- cept the first clause of section 22, which limits the circulation of national banking associations to $300,000,000; the first clause of section 32, which, taken in connection with the preceding section, would require national banking associa- ' tions organized in the city of San Francisco to redeem tlieir 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 be held and construed to mean gold or silver coin of the United States. Sec. 6. That to secure a more equitable distri- bution of the national banking currency, there may be issued circulating notes to banking asso- ciations organized in States and Territories hav- 586 BANKING AND CURRENCY. 587 ing 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 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 provide for the circulation and re- demption thereof,' " approved March 3, 1865, but the amount so withdrawn shall not exceed $25,- 000,000. Tlie 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 be retired by each banking association in accordance with this section, and shall, when such redistribution of circulation is lequired, 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, leaving undisturb- ed the banks in States having a smaller propor- 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 equnlize 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 returned, and shall pay the balance, if anj-, to such bank- ing association: Provided, That no circulation shall be withdrawn under tlie provisions of this section until after llie $54,000,000 granted in the first section shall have been taken up. Sec 7. 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, i4nder 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, 1870. Final Vote. In Senate, July 6, 1870. The bill, as printed above, being the report of the co.nmittee of conference last appointed, was agreed to without a division. In House, July 7, 1870. Yeas — Messrs. Allison, Ambler, Armstrong, Asper, Atwood, Ayer, Bailey, Banks, Benjamin, Bennett, Benton, Blair, Boles, Booker, Boyd, Buck, Buckley, Burchard, Burdett, Roderick R. Butler, Cake, Cessna, Churchill, William T.Clark, Sidney Clarke, Amasa Cobb, Cobiiru, Conger, Cook, Covode, Cowles, Darrall, Dickey, Donley, Duval, Dyer, Ferriss, Ferry, Finkelnburg, Fisher, Garfield, Gilfillan, Harris, Hawley, Hays, Hill, Thomas L. Jones. Judd, Kelley, Knapp, Lash, Logan, Loughridge. McCarthy, McCrary, McGrew, McKenzie, Merour, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Myers, Negley, O'Neill, Packard, Packer, Palmer, Peck, Poland, Porter, Prosser, Roots, Sawyer, Scofield, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington C.Smith, William Smyth, Stevens, Stokes, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Tiimble, Upson, Van Horn, Cadwalader C. Washburn, William B. Washburn, Wheeler, Whitmore, Wilkinson, Willard, John T. Wilson— 100. Nays— Messrs. Adams, Archer, Arnell, Axtell. Bamum, Beatty, Biggs, Bingham, Bird, George M.. Brooks, James Brooks, Butfinton, Burr. Benjamin F. Butler, (alkin, Cli-veland, Conner, Cox, Crebs, Davis, Dickinson, Dixon, Box, Ela, Oetz, Haldeman, Hamill, Hawkins, Hay, Hoar, Hooper, Ingersoll, Jenckes, Johnson, Julian. Kellogg, K-'rr, Lawrence, Lewis, Marshall, Mayham. McCormick, McNeely, Morgan, Mungen, Nihlack, Orth, Paine, Potter, liandall. Reeves, Rice, Sanford, Sargent, Schumaker, Shanks, Slocum, Joseph S. Smith, Starkweather, Steven- son, StiUs, Stone, Strong, Swann, Sweeney, Townsend, Twichell, Tyner, Van Auken, Van Trump, Van Wyck, Voorhees, Ward, Welker, Williams, Winchester, Woodward —77. Previous Votes. In Senate. 1870, January 11 — Mr. Sherman, from the Committee on Finance, reported the following bill: To provide a national currency of coin notes, and to equalize the 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 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 4, 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 cir- culation and redemption thereof," approved March 3, 1865; but a new apportionment shall be made as soon as practicable, based upon the census of 1870. Sec. 2. That at the end of each month after the passage of this act it shall be the duty of 588 POLITICAL MANUAL. the Comptroller of the Currency to report to the Secretary of the Treasury the amount of circu- 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 6uch certificates, and they shall not 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 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 <«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 tlian 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, snail be subject to all the requirf'ments 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 of 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, wliich requires every national banking association to receive in payment of debts tlie notes of every other national banking association at par: Provided, That in applying the provisions and requirements of said act to the banking a.ssociations 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 strike 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 tlie par value of the bonds dejiosited;" which was agreed to. Mr. Sherman also moved to insert, as section three, the following: Sec. 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. Abbott 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 oi six months from the passage of this act;" which was agreed to The amendment as amended was then agreed to — yeas 43, nays 12, as follow: Yeas — Messrs. Abbott, Bayard, Brownlovv, Cameron, Carpenter, Casserly, Chandler, Corbett, Davis, Drake, Gilbert, Harlan. Harris, Howe, lloweW. JoUnston, Kel- logg, LewLs, AfcCreery, Morton, Osborn, Pomeroy, Pool, Pratt, Uamsey, Piice. Robertson, Ross, Saulslmry. Saw- yer, Schurz, .Scott, Sherman, Spencer, Stewart. Stock- inn, Th.ayer, Tipton, Trumbull, Vicke.rs, Warner, Willey, Williams- 43. Navs — Messrs. Anthony, Buckingham, Conkling, Ed- munds, Fenton, Ferry, .VioDonald, 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, as follow : Yeas— Messrs. Abbott, Bayard. Boreman, Brown low, Cameron, Carpenter, Davis, Drake, Fowler, Gilbert, Hamilton of Maryland, Harlan, Harris, Howard. Howe, Howell, Johnston, Kellogg, McCrt^ry, McDonald, Mor- rill of Maine, Morton, Norton, Osborn, Pomeroy. Pool, Pratt, Ramsey, Rice, Robertson, Koss, Schurz, Soott, Spencer, Thayer, Tlmrman, Tipton, ric/.-crs, Warner— 39. NATS-Messrs. Anthony. Buckingham, Cas.«er/y,Chand- ler, Conkling, Corbett, Cragin, Edmunds, Fentou, Hamlin, Morrill of Vermont. Patterson, S.iulshtiiy, Sher- man, Stewart, Stnckton,SamneT, 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, aa follow : Yeas — Messrs. Anthony, Boreman, Buckingham, Cameron, Chandler, Cole, Conkling, Corbett, Cragin, Edmunds. Fenton, Ferry, Hamlin, Morrill of Maine, Morrill of Vermont, Osl)orn, Patterson, Pomeroj ,Rice, Scott, Stewart, Sumner, Wilson — 2:!. Nays — Messrs. Abbott, Bai/ard, Brownkiw, Carpenter, Catserly, Davis, Drake, Fowler, Hamilton of Maryl.ind, Harlan, Harris, Howe, Howell, Johnston. Kellogg, Wc- Cretry, McDonald, Morton. Norton, Pool, Pratt. Ramsay, Robertson, Ross, Saulsbwy, Sawyer, Schurz, bherinaii. BANKING AND CURRENCY. 589 Spencer. Stochton, Thayer. Thurman, Tipton, Trumbull, Vickers, Warner, 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 practicaole, based upon the census of 1870." Which was disagreed to — yeas 16, nays 44, as follow : Yeas — Messrs. Anthony, Boreman, Buckingham, Cole, Conkling Cragin, Edmunds. Fenton, Ferry, Ham- lin, Howe, Morrill of Vermont, Patterson, Scott, Sum- lier, Wilson — 16. Nats — Messrs. Abbott, Bayard, Brownlow, Cameron, Carpenter, Casser^y, Corbett, Davis, Drake, Fowler, Ham- ilton of Maryland, Harlan, Harris, Howard, Howell, Johnston, MrCreery, McDonald, Morrill of Maine, Mor- ton, Norton, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Boss, Sauhhury, Sawyer, Sclinrz, Sher- man, Spencer, Stewart, Stockton, Thayer, Thurman, Tip- ton, Trumbull, Vickers, Warner, Willey, Williams — 44. Mr. Sumner offered an amendment, which was disagreed to without a division. Mr. Saulsbury moved to add to the end of the bill the following: Sec. — . 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: Yeas— Messrs. Bayard, Cameron, Casserly, Cragin, Da- vis, Ferry, Hamilton of Maryland, Johnston, SIcCreery, Norton, Pool. Robertson, Saulsbury, Spencer, Stockton, Thurman, Vickers, Wilson — 18. Nays — Messrs. Abbott, Anthony, Boreman, Brown- low, Carpenter, Chandler, Cole, Conkling, Corbett, Drake, Edmunds, Fenton, Hamlin, Harlan, Harris, Howard, Howe, Howell, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Osborn. Patter- son, Pomeroy, Pratt, Ram.«ey, Rice, Ross, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tip- ton, Trumbull, Warner, Willey, Williams— 42. Mr. Morton moved to add the following to the bill: Sec. — . That to secure a better distribution of the national banking currency, there may be issued circulation notes to banking associations organized in States and Territories having a less banking circulation than their pro rata share, as herein set forth. And the circulation in this sec- tion authorized shall within one year, if required, be withdrawn, as herein provided, from banks organized in States having a circulation exceed- ing that provided for by the act entitled "An act to amend an act entitled 'An act to provide for a national banking currency secured by pledge of United States bonds, and to provide for the circulation and redemption thereof,' approved March 3, 1865;" but the amount to be so with- drawn shall not exceed $13,000,000. The Comp- troller of the Currency shall, under the direction of the Secretary of the Treasury, make a state- ment showing the amount of circulation in each State and the amount to be retired by each bank in accordance with this section, and shall, when circulation is required, make a requisition for such amount upon such banks, commencing with the banks having a circulation exceeding $1,000,- 000 in States having an excess of circulation, and withdrawing one-third of their circulation in excess of $1,000,000, and then proceeding ^Jro 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 he 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 hank 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 security for its circu- lation equal to the circulation to be withdrawn from such 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 section have been taken up. Mr. Davis moved 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. Abbott, Bayard, Brownlow, Carpenter, Casserly, Cole, Davis, Fowler, Hamilton of Maryland, Harlan, Harris, Howe, Howell, Johnston, Kellogg, Afc- Creery, McDonald, Morton, iVbrfera, Osborn, Pool, Pratt, Ramsey, Rice, Robertson, Saulsbury, Sawyer, Spencer, Stockton, Thayer, Thurman,Tipton,'Vickers,\V\\son—3i. 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, Scott, Sherman, Stewart, Sumner, Trumbull, Warner, Willey, Williams — 27. 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. Batard, Boreman, Buckingham, Car- penter, Casserl}/, Conkling. Fowler, Hamilton of Mary- land, Harris, Howe, Howell, Kellogg, McDonald, Mor- ton, Norton, Rice, Saulsbury. Scott, Spencer, Stockton, Sumner, Thayer, Thurm*n,'Vickers—2'l. Nays— Messrs. Abbott, Anthony, Brownlow, Cameron, Chandler, Cole, Corbett, Cragin, Davis, Drake, Ed- munds, Fenton, Ferry, Harlan, Howard, McCreery, Mor- rill of Maine, Morrill of Vermont, Osborn, Patterson, Pomeroy, Pool, Pratt, Robertson, Sawyer, Sherman, Stewart, Tipton, Trumbull, Warner, 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, That 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. lastoccurs, 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 its 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 below 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. Casserly, Davis. Fowler, Ham- ilton of Maryland, McCreery, Saulslmry, Spencer, Stock- ton, Thurman, Vickers — 11. Nats— Messrs. Abbott, Anthony. Boreman, Brownlow, Buckingham, Cameron, Carpenter, Chandler, Cole, Conkline:, Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Hamlin, Harlan, Harris, Howard, Howe, McDon- ald, Morrill of Maine, Morrill of Vermont, Morton, Os- born, Patter.son, Pomeroy, Pool, Pratt, Ramsey, Rice, Robert.eon, Ross, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson-— 47. Ml-. 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 dejiosit. Which was disagreed to — yeas 9, nays 46, as follow : Yeas — Messrs. Bayard, Casserly, Davis, Fowler, Hamil- tonof Maryland, McCreery, Norton, Thurman, Vickcis — 9. Navs — Messrs. Abbott, Anthony, Horeman, Brown- low, Kuek in i;ham,Cam('ron,Carpenter, Chandler, Conk- Hng. Corbet t,-<'ragin, Drake. Edmunds, Fenton. Ferry, Hamlin. Harlan, Harris, Howard, lloweW, Johnston, .Mc- Donald, Morrill of Vermont, Morton, Osljorn, Patterson, Pomeroy, Pool, Ramsey, Riro, Robertson, Ross, Saids- bur;/, Sawyer. Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 40. Mr. Ross moved to amend section 1 by adding thereto the following: Provided, That notliing 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 case charge or receive upon any loan or discount a higher rate of interest than 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: Yeas— Messrs. Bayard, Cameron, Carpenter, Conk- ling, Crajrin. Edmtinds, Patterson, Pratt, Rice, Ross, Spencer. Thurman. Wilson — 13. Nats— Messrs. Abbott. .■Vnthony, Boreman, Brown- low, Buckingham, (handler, Cole, Corbett, Davts, Drake, Fenton, Ferry, Fowler, Gilbert, HamiUon of Maryland. Hamlin. Harlan. Harris, Howard, Howe, Howell, Johnston. Kellogg, McCreery, McDonald, Morrill of Maine. Morrill of Vermont, Norton. Osborn. Pome- roy. Pool. Ramsey, Robertson, SauUbury, Sawyer, Schurz, Scott, Sherman. Stewart, Stockton, Sumner, Thayer. Tipton, Trumbull, Vickers, Warner, Willey, William.s— 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 oflered 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, Joftristo/!, Kel- logg, Lewis, Morrill of DIaine, Jlorton, Osborn, Pom- eroy, Pool, Pratt, Kamsey, Rice. Robertson, Ross, Saw- yer, Schurz, Scott, Sherm'an, Spencer. Stewart, Stockton, Thayer, Thurman, Tipton, Trumbull, Vicktrs, Warner, Willey, Williams— « Nats — Messrs. Anthony, Buckingham, Cameron, Conkling, Cragin, Davis, Edmunds, Fenton, Ferry, Hamilton of Maryland. Plamlin, McCreery, McDonald, Morrill of Vermont, NorV/n, Nye, Patterson, Saulsbury, Sumner, Wilson— 20. The first amendment offered by Mr. Sherman was then agreed to — yeas 44, nays 12, as follow ; Yeas — Jlessrs. Abbott, Anthony, Boreman, Brown- low, Buckingham, Cameron, Chandler, Cole, Conkling, Corbett, Edmunds, Fenton, Ferry, Gilbert, Hamlin, Marian, 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, Thaver, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 44 Nats— Messrs. Bayard, CarpeiTter, Casserly, Davis, Hiimillim of Maryland, Howe, McDonald, Arn-ton, Sauls- bury, Stockton, Thurmun, Vickers — 12. Mr. Morton moved to amend the amendment ofi'ered 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, r./.'j.'j.r/y, Cole, Corliett, Davis, Drake, Fnwler, Gilbert. }f,nii,lln,i',^{ Maryland, Harlan, Harris. Ilnwe, U(>\Yf\\,Johiisiim, Kellogg^ Mcdrrry, McDonald, Jloiton, Norton. Osborn, Pratt, Rice, Robertson. Ross, Saulsbury, Sawyer, Schurz, Scott, Sherman, Spencer, Stewart, Stficfdrm, Thayer, Thurman, Tipton, Trumbull, Vickers, \\arucr, Wilson — 4.3. Nays — Messrs. Anthony, Buckingham, Cameron, Chandler, Conkling. Cragin, Edmunds, Fenton, Ferry, llowaril, Morrill of'Maine, Morrill of Vermont, Patter- son, Sumner, Willey — 15. The amendment of Mr. Morton as thus amended was then agreed to — yeas 3'J, nays 15, as follow: Yeas— Messrs. Abbott, Bayard, Boreman, Brownlow, BANKING AND CURRENCY. 591 Carpenter, Casserlj/, Corbett, Davis, Drake, Ilarlan, Har- ris, Howe, Howell, Kellogg, UcOreery, McDonald, Mor- ton, Osborn. Pool, Pratt, Ramsey, Pkiec, Robertson, Ross, Sawyer, Schurz, Scott, Sherman. Spencer. Stew- art, StncJ.-ton, Thayer, Thurman, Tipton, Trumbull, Vick- ers. Warner, Willey, Wilson — 39. Nats — Messrs. Anthony, Buckingham, Cameron, Conkling. Cragin, Edmunds. Penton, Ferry, Fowler, Howard, Morrill of Maine, Morrill of Vermont, Nye, Patterson, Sumner — 15. 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, llamlin, Morrill of Maine, Morrill of Vermont, Nye, Patterson, Sherman, Stewart, Sumner, Vickers, Williams, Wilson— 21. Nays— Messrs. Abbott, Boreman, Brownlow, Carpen- ter, Casserbj, Corbett, Davis, Drake, Fowler, Harlan, Harris, Howard, Howe, Howell, Johnston, Kellogg, Mc- Creery. McDonald. Morton, Norton, Osborn, Pool, Pratt, Ramsey, Rice, Robertson, Ross, Saulsbury, Sawyer, Schurz. Scott, Stockton, Thayer, Tipton, Trumbull, War- ner— 30. Mr. Howe moved to strike out the 4th, 5th, and 6th sections ; which was disagreed to — yeas 29, nays 29, as follow : Yeas — Messrs. Abbott Bayard Boreman, Bucking- ham, Carpenter, Casserly, Conkling, Davis, Dr.ake, Fer- ry. Fowler, Hamilton of Maryland, Harris, Howe, How- ell, Johnston, Kellogg, McDonald, Morton, Norton, Pom- eroy. Rice, ■S'au^sAury, Scott, Spencer, Stockton, Sumner, Thurman, Vickers — 29. Nats — Slessrs. Anthony, Brownlow, Cameron, Cor- bett, Edmunds, Gilbert, Hamlin, Harlan. Howard, Mc- Creery, Morrill of Maine, Morrill of Vermont, Nye, Os- born. i?atterson, Pool, Pratt, Robertson, Ross, Sawyer, Sherman. Stewart Thaver, 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, Davis, Drake, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, Johnston, Kellogg, McCreery, Norton, Nye, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rico, Robertson. Ross, Sawyer, Schurz, Sher- man, Spencer, Stewart, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 39. Nays— Messrs. Anthony, Bayard, Buckingham, Car- penter, Casserly, Cole, Conkling, Edmunds, Fenton, Ferry, Fowler, /Tami'ton of Maryland, Howe, McDon- ald, Morrill of Maine, Morrill of Vermont, Norton, Saulsbury, Scott, Stockton, Sumner, Thurman, Vickers — 23. In House of Representatives. 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, 18G4; 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 less than 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 circulating notes herein authorized shall be of any description of bonds of the United States bearing interest in coin : Provided, That if applications for the circulation herein authorized shall not be made within one year alter 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 lo 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. 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 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, 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 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 paid 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 ot 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. Sec. 3. That to secure a more equitable distri- bution of the national 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 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 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 p?-© 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 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 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- turned, 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 1st section shall have been taken up. Sec. 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 pro])ortion of cir- culation, under such rules and regulations as the Comptroller of the Currency, with the approval of the Secretary of the Treasury, may req^uire : 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 substitute: 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 redemjition or funding thereof, and for funding the floating debt of the United States," passed February 25, 18G2. 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 purcliaso of such amounts 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 the 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 notes 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. Sec. 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 tlierei'rorn 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 liis duty to take the same up at par with the notes BANKING AND CURRENCY. 593 authorized by this act to an extent of the propor- tion of the notes to be 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. Adanis. Axtell, Beck, Bird, Booker, Ben- jamin F. Butler, Calkin, Clinton L. Cobb, Coolj. Covode, Cox, Crehs, Dockery, Dox, Eldridge,Fitch, Fox, Getz, Oib- son, Hambleton, Hamill, Hay, Hays, Heflin, Hnlman, John- son, Lasii, Marshall, McCormick, McNedy, Milnes, Morgan, JUorrissey, Mungen, Niblack, Randall, Meeves, Rice, Ridg- way, Rogers, Schumaker, Sherrod, Shnber, Joseph S. Smith, sales, Strader, Sweeney, Trimble, Wells, Winchester, Wood- ward — 51. Nays — Messrs. Allison, Ambler, Ames, Armstrong, Asper, Atwood, Bailey. Banks, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Biggs, Bingham, Blair, Boles, George JI. Brocks, Buck, Buckley, Buffinton, Burchard, Burdett, Roderick R. Butler, Cessna, Churchill, Sidney Clarke, Amasa Cobb, Coburn, Con- ger, towles, CuUom, Dawes, Uegener, DicUey, Dixon, Donley, Duval. Ferriss, Finkelnburg, Fisher, Garfield, Gilfillan, 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, Piatt, Poland, Pomeroy, Porter, Potter, Prosser, Sanford, Sargent, Sawyer, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William Smyth, Starkweather, Stokes, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Townsend, Twiehell. Upson, Van 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 and 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 called greenbacks, of convenient de- nominations, in manner and form as already pre- scribed by law, to the amount of $400,000,000. Sec. 3. That the Secretary 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 be 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. Sec. 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 Government 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 and parts of acts inconsistent with the provisions of this act are hereby repealed. Which was disagreed to — yeas 37, nays 127, as follow : Yeas — Messrs. Adanis, Axtell, Beck, Bipgs, Bird, Burr, Conner. Crebs, Vox. Gibson, Hamill. Hawkins. Hays, Hef- lin, Holman, Johnson, Kerr, Knott, Lewis, Marshall, McCor- mick, Mcyeely, Morgan, Mungen, Niblack, Reeves, Rice, Ridgway, Rogers, Sherrnd. Shober, Strader, Sweeney, Trim- ble. Van Trump, Wells, Winchester— 'SI . Nays — Messrs. Allison. Ambler, Ames, Armstrong, Asper, Atwood, Bailey, Banks, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Booker, George M. Brooks, Buckley, Buffinton, Buroh- ard, Burdett, Roderick R. Butler, Calkin, Cessna, Churchill, William T. Clark, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cox, Cullom, Dawes, Degener, Dickey, Dixon, itonley, Duval, Ela, Farnsworth, Ferriss, Ferry, Finkelnburg, Fisher, i^oaf, Garfield, Ge<^, Gilfillan, Oriswold. Ha,\e. Hambleton, Ham- ilton, [larris, Hawley, Hay, Hooper, Hotchkiss, Inger- soll. Judd, Julian, Kelley, Kellogg, Kelsey. Ketcham, Knapp, Laflin, Lash, Lawrence, Logan, Maynard, Mc- Carthy, McCrary, McGrew, Mercur, Milnes, Eliakim H. Moore, Jesse H. Moore, William Moore, JMorphis. Dan- iel J. Morrell, Morrissey, Newsham, 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, Twiehell, Upson, Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, 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 remaining $14,000,000 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. Adams, Archer, Beatty, Beck, Bennett, Burr, Amasa Cobb, Coburn, Cook, Co7wer, Crebs, Cullom, Dox, Kldridge, Oihson, Ilamblcton, llamill, llamiltou, Hawkins. Hay, Hays, Hftiin, Ildlman, Iiit^ersoll, Kerr, Knott, Ltiwrenoe, Lewis, Marsliall, McCormiclc, McKenzie, Hcjyeel!/. HilnM, Morgan. Aiblach, (,)i-tli, Packard, Meeves, Rice, liidgwai/, Bogers, Roots, Shn-rod, Strader, Trimble, Tyner, Van Trump, Wells, Winchester, Witcher, Wood — 51. N.\TS — 5Iessrs. Allison, .\mbler, Ames, Asper, At wood, Bailey, Banks, Barry, Beaman, Benjamin, Benton, Bingliam, Bird, Blair, Booker, George M. Brooks, Buck, Buckley, Buttinton. Burehard, Burdett, Roderick R. Butler, Ce.ssna.Churuhill, Sidney Clarke, Cleveland, Con- ger, Cowles, Cox, Degener, Dickey, Dixon, Donley, Du- val, Dyer, Ela, Farns\vorth,Ferriss,Finkelnburg,"Pish- er, Fitch, Fox, Garfield, Getz, Uaipht, Hale, Harris, Haw- ley.Hoar, Hooper, Hotchkiss, J udd, Julian, Kel ley, Kel- logg, Kelsey, Ketchaiii, Knii]!]!, Latlin, Lash, Maynard, McCarthy, McCrary, Mi'Gi-i_-\v, Mercur, William Moore, Morphis, Daniel J.'Murrcll, Murrisxey, Newsham, Pack- er. Pock, Perec, Phelps, Poland, Pomeroy, Potter, Ban- dall, Sargent, Sawyer, Sehenck, Schumaker, Vorter Shel- don, Josiph S. Smith, William Smyth, Starkweather, Stiles, Btokes. Strickland, Strong, Swann, Tafi«, Tanner, Till- man, Twichell, Upson, Van Auken, Van Wyck, Ward, William B. Washburn, Willard, Winans, Woodward — 103. Messrs. 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 bill: Sec. — . That after the 1st day of January, A. D. 1871, no interest shall be paid to any national banking association on the bonds deposited by it in pursuance of law as security for iis circula- tion, exce|it on the excess of the par value of Buch 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 wafl disagreed to — ^yeas 37, nays 118, as follow : Yeas— Messrs. Adams, Beck, Bird, Burr, Calkin, Conner, Cox, Crebs, Dox, J/amliUlan, Holman, Knott, Lewis, Mar- shall, Mayliam, McNecly, Milnes, Morgan, Morrissey, itun- gen, yiblack, Randall, Beeves, Rice, Bidgway, Rogers, Schu- maker, Sherrod, Shober, Joseph S. Smith, Stiles, Sweeney, Triniljk,Van Auken, Van Trump, Winchester, Wood — 37. Nays— Messrs. Allison, Ames, Armstrong. Asper, At- wood, Bailey, Banks, Bariy, Beaman, Beatty, Bennett, Benton, Blair, Boles, Booker, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burehard, Biardett, Benja- min F. Butler, Roderick Ji. Butler, Cessna, Churchill, William T.Clark, CleveUinU, Amasa Cobb, Coburn, Cook, Conger, Cowles, Degener, l>ickev, Dixon, Dockery, Donley, Duval, E;ia, Farnsworth, Ferriss, Finkelnburg, Fisher, Garfield, Getz, llaigld. Hale, Hamilton, Hawkins, Hawley, Hay, Hays, Hoar, Hooper, Hotchkiss, Inger- 80II, Judd, Julian, Kellcy, Kellogg, Kelsey, Ketcham, Knanp, Latlin, Lash, Lawrence, Liigan, Mavnard, Me- Carlliv, Mc(Jrary, Mi'(;rcw, Mercur, lOliakim' 11. Moore, Ji-ssc H. .Mo.ire, William Moore, Morphis, Daniel J. Morrell, Orth, Packard, Packer, Paine, Palmer, Peck, Phelps, Piatt, Poland, Pomeroy, Potter, Sargent, Saw- yer, Sehenck, Lionel A. Sheldon, John A. Smith, Wil- liam Smyth, Starkweather, Stokes, Stoughton, Strader, Strickland, Strong, Taffe, Tanner, laylor, Tillman, Twiihcll, Tyner, Upson, Van Wyck, Ward, Cadwalader C. Washburn, William B.Washburn. Wheeler, Willard, John T. Wilson, Winans, Witcher, IVbotiwari/— 118. Mr. Judd moved to strike out the following from the 2d section of the substitute; And when the whole amount of additional circulating notes, i.ssued in accordance witli tlie provisions of the preceding section of tliis act, ehall exceed the amount of three ])er cent, tem- 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, Biags, Boles, Burehard, Burr, Cal- kin, Churchill, William T. Clark, Cleveland, Cook, Con- ger, Conner, Crebs, Degener, Dox, Dyer, Finkelnburg, Fox, Garfield, Getz, Haight, Harris, Hawkins, Hay, Hef- lin, Holman, Hooper, Judd, Kelley, Knott, Marshall, Mayham, Maynard, McO>rm,ick, McKenzie, McNeeJy, Milnes, Morgan, Morrissey, Mungen, Niblack, Perce, Reeves, Rice, Ridfiway, Rogers, Sehenck, Sherrod, Sholier, Joseph S. Smith. Stiles, Strader, Siveeney, Taylor. Trimble, Van Auken, Van Trump, Wells, Winana, Wincheder, Witcher, Wood — CO, Nays- Messrs Amliler, Armstrong, Atwood, Bailev, Banks, Beaman, Beatty, Benton, Bingham, Bird. Blair, Booker, Boyd, George M. Brooks, Buck, Buckley, Buf- finton, Burdett, Roderick R. Butler, Cessna, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cowles, Cox, CuUoin, Dawes, Dickey, 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 IL Moore, Jesse H. Moore, William Moore, 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, Stoughton, Strickland, Strong, Tatfe, Tanner, Tillman, Twiidiell, Tyner, Upson, Van Wyck, Ward, Cadwalader C. Wash- bi'irn, William B. Washburn, Wheeler, Willard, John T. Wilson, Woodward — Ol. Mr. Burehard 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 : Sec. — . That the Secretary of the Treasury be, and lie 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, temjiorarj' loan certificates, used as a portion of the lawful money reserves by the national banks. Whicli was disagreed to — yeas 77, nays 95, aa follow : BANKING AND CURRENCY. 59^ Yeas — Messrs. Adams, Allison, Ames. ArcJier, Beatty, Beck, Bennett, Boles, Booker, Boyd, Buckley, Burr, Ben- lamin F. Butler, Roderick R. Butler, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conner, Crebs, Cullom, Dockery, Dox, Dyer, Eldriilge, Gibsnn, Griswnid, Hambhtnn, Hawkins, Hay, Hays, Hettin, Hol- man, Ingersoll, Knott, Lash, Lawrence, Lewis, Marslialt, Maynard, McCormick, McKenzie, McNeeli/. Eliakiin H. Moore, Jesse H. Moore, Morgan, Morphis, Morrissey, Mimgen, Newsham, Niblack, Orth, Packard, Pomeroy, Randall, Reeves, Rice, Ridgway, Rogers, Roots, Sherrod, Shober, Joseph S. Smith, sirader, Taffe, Trimble, Tyner, Van Horn, Van Trump, VanWyck, Wells, John T. Wilson, Windiester, Witoher, Wood — 77. Nays — Messrs. Ambler, Armstrong, Asper, Atwood, Axlell, Bailey, Banks, Barry. Ueaman, Benjamin, Ben- ton, Bingham, Bird, Blair, George M. Brooks, James Brooks, Liuck, Buffinton, Burchard, Burdett, Calkin, Churchill, William T. Clark, Cleveland, Conger, Cowles, Cox, D.awes, Degener, Dickey, Dixon, Donley, Duval, Farnsworth, Ferriss, Finkelnburg. Fisher, Fox, Gar- field, Getz, Haight, Hale, Hawley, Hooper, Hotchkiss, Judd, Julian, Kelley, Kellogg. Kelsey, Ketcham, Knapp, Laflin, Mayham, McCarthy, McGrew, Mereur, William Moore, Daniel J. Morrell, Samuel P. Morrill, Packer, Paine, Palmer, Peck, Perce, Phelps, Piatt, Po- land, Porter, Potter, Sanford, Sawyer, Sohenck, Schu- maker, Lionel A. Sheldon, Porter Sheldon, William Smyth. Starkweather, Stiles, Stokes, Stoushton, Strick- lancl, Strong, Tanner, Taylor, Tillman. Twichell, Up- son, Van Avken, Ward, Cadwalader C. Washburn, Wil- liam B, Washburn, Wheeler, Willard, Winans, Wood- ward — 95. The bill Wcas then passed — yeas 98, nays 80, as follow : Yeas— Messrs. Allison, Ambler, Armstrong, Asper, Atwood, Bailey, Barry, Beaman, Beatty, Benjamin, Bennett, Bingham, Boles, Booker, Boyd, Buck, Buck- ley, Burchard, Burdett, Cessna, William T. Clark, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom, Degener, Dickey, Dockery, Donley, Duval. Dyer, Farnsworth, Finkelnburg, Garfield, Oib- son, Hamilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Judd, Julian, Kelley, Kelsey, Knapp, Lash, Lawrence, Logan, McCarthy, McCormick. McVvary, Mc- Grew, McKee, McKenzie, Mereur, Milnes, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis. New- sham, Orth, Packard, Packer, Palmer, Peck, Perce, Phelps, Piatt, Pomeroy, Rogers, Roots, Schenck, Shanks, Lionel A. Sheldon, Porter Sheldon, William Smyth, Stokes, Stoughton, Strickland, Taffe, Tillman, Tyner, Upson, Van Horn, Van Wyck, Welker, Wells, Wilkin- son, Willard, John T. Wilson, Winans, Witeher— 98. Nats — Messrs. Adams, Ames, Archer, Axtell, Banks, Benton, Biggs, Bird, Blair, George M. Brooks, James Brooks, Buffinton, Burr, Calkin, Churchill, Cleveland, Conner, Cox, Crebs, Dawes, Dixon, Dox, Ela, Eldridge, Ferriss. Fisher. Fox, Oetz, Grisivold, Haight, Hale, Hnm- bleton, Hamill, Hoar, Holman, Hooper, Ingersoll, Ketch- am, Knott, Laflin, Lewis, Marshall, Mayham, Maynard, McNeehj, Morgan, Daniel J. Mnrrell, Samuel P. Morrill, Morrisse}!, Mungen, Niblack, Paine, Poland, Potter. Ran- dall, Beeves, Rice, Sanford, Sargent, Sawyer, Shober, Joseph S. Smith, Starkweather, Stiles, Strader, Strong, Swann, Sweencji, Tanner, Taylor, Twichell, Van Aiiken, Van TVtimp, Ward, Cadwalader C. Washburn, William ■B. Washburn, Wheeler, Winchester, 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 Senate refused to concur in the House amendments and asked a committee of conference, which was granted. June 27 — The Committee of Confeeence, consisting of Senators Sherman, Warner, and Sprague, and Representatives 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 t!ie increased circu- lation herein provided for shall be made as soon as practicable, based upon the census of 1870." After section — add the following sections: Seo. — 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 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 office of the association in gold coin of the United States, and shall be redeemable upon such presentation in such coin : Provided, That no banking associa- tion organized under this section shall have a circulation in excess of $1,000,000. Sec. — . 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 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 coin of the United States. Sec. — . 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 tne first clause of section 22, whicn limits the circulation of national banking asso- ciations to $300,000,000; 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 San Fran- cisco to redeem 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 debts 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 be amended as follows: page 4, line 3, after the word " withdrawing," insert " one- third of." Same page, line 5, strike out the word " three" and insert in lieu thereof the word "two." In House, 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 R. Butler, Churchill, Dickey, Ela, Ferriss. Finkelnburg, Fitch, Garfield, Hale, Harris, Ileflin, Hill, Thomas L. Jones, Kelsey, Knapp, Laflin, Lash, Mereur, Eliakim H, Moore, Palmer, Perce, Poland, Pomeroy, Roots, Sar- gent, Sawyer, Schenck, Scotield, Lionel A. Sheldon, m POLITICAL MANUAL. Porter Sheldon, S?!o5er, .lohn A. Smith, Worthington I C. Smith. William Smyth. Stevens, Stokes, Tanner, Tavlor, Tillman, Upson, Wallace, Ward, Willard, Wi- I Hans — .')3. I Nats — Messrs. Adajns, Allison, Ambler. Armstrong, .\twoo(l, Banks, ^nriiHHi, Realty, Deck. Benjamin, Ben- | nott, Binijs, liinghani, Bird, (ieorgo M. Brooks, James i Brooks, Buffinton, Buioliard. liitrr. Benjamin F. Butler, I Calkin, Cessna. William T. Clark, Sidney Clarke. Cleve- land, Amasa Cohb. Clinton L. Cobb, Coburn, Conger, Cook, Cojc. Crebs. Cullom, Davis. Dawes. Degener, /)/(;/> in.wn, Dixon, Dookery, Dox. Dyer, Eldridge, Farns- worth, Ferry. Fisher, Geti, Griswold, Hambleton, Ham- ill, Hawkins, Ilawley, Hay. Hoar. Holmnn, Hooper, In- gersoll.7o/insoi..!iiild,Kelley, Kellogg, A'fTr,Ketcham, h'nott. Lawience, Lewis. I^oiiiiliridge. Marshall. May- nard, McCarthy. McCormick. McGrew, itVcKce, McJS'eely, Milnes. Jesse H. Moore, William .Moore, Morgan, Mor- phis. Daniel J. Morrcll. .Mnnfien, Myers. Negley, Nib- lack, O'Neill, Orth, Packer. Paine. Peck, Phelps. Porter, Prosser, Reeves. Rice, Rogers, Sanford. Schumaker, Shanks Siocum, Joseph S. Smith. .'Starkweather, Steven- son, Stilf , Stone, Stonghton. .Wra'.?cr, Strickland. Strong, iiwanii, Siaeenei), TaflTe. To.vnsend. Twichell. Tyner, Van Auken, Van Horn. Van Wyck. Wolker, ire/is, Wheeler, Whitmore, Wilkinson, Williams, Eur/ene M. Wilson, John T. Wilson, Winchester, Wood, Woodward— 121 . A second committee of conference, consisting of Senators Williams, Morton, and Bayard, and Representatives 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 additionar circulation given in this act: Virginia, $4,915,985; West Virginia, $457,770; Illinoi's, $1,079,592; Michigan, $786,776; Wis- consin, $2,117,939; Iowa, $681,363; Kansas, $174,712; Mis.soari, $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, $1,717,388; 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; Pennsvlvania, $26,527,500; Mary- land, $7,137,000; Delaware, $1,090,500; District of Columbia, $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; Mississipni, $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, $370,500; Texas, $3,961,000; Ar- kan.sas, $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, December 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, Bi(ji.is. Bird. Blair, Boyd, George I\I. Brooks, Buck. Buckley, HiiHintun, Vox. Dawes, Dixon. Donley, Duval. Ferriss, Finkcluburg. Fisher. Gartield. Oetz, Hal- deman. Hoar, Hooper, Jenckes.Kelley, Kellogg, Kelsey, Kerr, Ketcham, Knapp, Latlin, Lasll, MeGrew, Mercur, William Moore, Samuel P. Morrill, Munyen, .Myers, O'Neill, Poland. i^aHftoW, Ecading, Reeves. Scotield. Porter Sheldon, Job j .■V. Smith, Worthington C Smith. Stark- weather, Ste ''ens. Stought on, St ri(!k land, Strong.Towns- end. Twichell, Ward, Cad walader C. Washburn. M'illiam B. Washburn, Wheeler, Willard, Winans, Woodward— (J5. Nays— Messrs. Allison, Armstrong, Arnell. Beatty, Bennett, Boles, Burchard, Burdett. Burr, Benjamin F. Butler, Roderick R. Butler, Calkin, Cessna, Amasa Cobb, Coburn, Cook, Cowles. Crebs, Cullom, Davis. I)e- weese, Dickinson. Dockery. Dox. Dyer, Eldridge, Farns- worth. Ferry, Fitch, Gilfillan, Griswold, Hamilton, Hawkins, Hawley, Hay,Heaton, Heflin, Hoag, Solomon L. Hoge, Hdhnan. Ingersoll, Johnson. Alexander H. Jon«i, Judd, Julian, Knolt, Lawrence, Loughridgc, May- ham, Maynard, McCarthy, JlcVormick, McCrary, Mor- gan, Negley, A'iblack, C)rth, Packard. Paine, Peters, Pomeroy, Prosser, Rice. Rogers. Sargent, Lionel A. Shel- don, Jbsep/i S. Smith, William J. Smith. William Smyth, Stevenson, Stokes, Stone, Strader, Sweenry, Tatf'e, T.anner, Tillman, Tyner, Upson, Van Trump, Welker, Wells, B. F. Whittemore, Wilkinson, Williams, Eugene M. Wdson, Witcher, Wood— SB. 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 — Jlessrs. Adams, Archer, Axtell, Beck, Biggs, Bird, James Brooks, Burr, Roderick P.. Butler, Calkin, Cox, Crebs, Dickinson, Dox, Eldridge. Getz, Golladai/, Greene, Griswold, Haight, Haldeman, Hambleton, Haniitl, Haw- kins, Hay, liolman, Johnson, Thomas L. Jones. Kerr, Knott, Marshall, Mayham, McCormick, McNeely, Morgan, Mungen, Niblack, Randall, Reading, Reeves, Rogers, Schu- maker, Sherrod, Joseph S. Smith, Stiles. Strader, Swann, Trimble, Van Auken, Van Trump, Voorhees, Wells, Eu- gene M. Wilson, Winchester, Wood, Woodward — jO. Navs — Messrs. Ambler, .Ames. Armstrong, Asper, Bai- lej'. Banks, Barman. Beaman. Beatty, Benjamin, Ben- ton, Bingham, Blair. Holes, Bowen, Boyd. G. M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Cake, Cessna, .Sidney Clarke, Amasa Cobb, Clinton L.Cobb, Coburn, Cook, Conger, Cowles. Dawes, Deweese, Dick- ey, Dixon. Donley. Duval, Dyer. Ferriss, Finkelnburg, Fisher, (iarfield," Giltillan, Hale, Hamilton, Hawley, Heaton,HeHin, Hill, Hoar, Hooper, Jenckes, Judd, Ju- lian, Kelley, Kellogg, Kelsey. Ketcham, Knapp. Lash, Lawrence, Logan, Lynch, McCarth}'. McCrary, McGrew, Merenr, Eliakim H. Moore, Jesse H. Moore. William Moore, Daniel J. Morrell, Myers, Negley, O'Neill, Orth, 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, TafTe, Tanner, Tillman, Tovvnsend, Twichell, Tyner, Upson, Cadwalader C.Washburn, William B. Washburn, Wol- ker, Wheeler, Wilkinson, Willard, Williams, John T. Wilson— 114. LVIIl. THE FUNDING ACT. AH ACT to authorize the refunding of the na- tional debt. Be it enacted, tfcc, 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- Bue, 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 issue, and bearing interest at the rate of four and a half per cent, per annum ; also a sum or sums not exceeding in the aggregate $1,000,000,000 of like bonds, the same in 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 set forth and ex- pressed upon their face the above specified con- ditions, and shall, with their coupons, be made Sayablc at the Treasury of the United States, lut 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 exchange the 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 herein 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 herebj' authorized after the expiration of the said several terms 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. Sec. 4. That the Secretary of the Treasury is hereb}' authorized, with any coin in the Treasury of the United States which he 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 shall hereafter become redeemable 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 and issued, in puolic 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. Sec. 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 Sacretary 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 coin 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 Secretarj' of the Treasury. And not less than twenty-five per cent, of the coin deposited for or represented by said certificates of deposits shall he retained in the Treasury for the payment of said certificates; and the excess beyond twenty-five per cent, mux 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 provisions 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. Sec. 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 fundl/ig 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 the Treasury Department. Any bonds hereafter ap- plied to said sinking fund, and all otlier 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 of the bonds of each 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 amount so to be applied is hereby appro- priated annually for that purpose out ol the re- ceipts for duties on imported goods. Approved, July 14, 1870. Final Votes. In Senate, Juhj 13, 1870. The bill, being the report of the committee of conference last appointed, was agreed to without a division. In House, July 13, 1870. Yeas — Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, .\t\vood, Ayer, Bailey, Banks, Biiriy, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Roderick R. Butler, Cake, Cessna, Churchill, Sidney Clarke, William T. Clark, .4masa Cobb, Coburn, Conger, Cook, Covode, Cowles, CuUom, Darrall, Davis, Dawes, Degener, Dickey, Dixon. Donley, Duval, Ela, Farnsworth, "Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Garfield, Gilfillan, Hamilton, Harris, Hawley, Hays, Heflin, Hill, Hoar, Hooper, Hotchkiss, Jenckes, Judd, Julian, Kelley, Kellogg, Kelsey, Keteh- am, Knapp, Laflin, Lai^h, Lawrence, Logan, Lough- ridge, Lynch, Maynard, McCarthy, McCrary, McGrew, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis. Daniel J. Morrell, Myers, Negley, O'eill. Orth, Packard, Packer, Paine, Palmer. Peck, Perce, Peters, Phclp.s, Poland, Porter, Prosser, Rogers, Roots, Sanford, Sargent, Sawyer, Sehenck, Shanks, Lionel A. Sheldon, Porter Sheldon. John A. Smith, Wil- liam J. Smith, Worthington 0. Smith, William Smyth, Stevens, Stokes, Stoughton, Strickland, Taft'e, Tanner, Taylor, Tillman, Townscnd, Twichcll, Tyner, Upson, Van Horn. Van Wvck, Ward, William B. Washburn, Welker, Wheeler, Whitmore. Wilkinson, Willard, Wil- liams, John T.Wilson, \Vitcher— 130. Nats — Messrs. Adams, Archer, Axtell, Bamum, Beatty, Beck, Bii/gs, liird, James Brnols. Burr. ( alkin, Chvclund, C'lx. Crehs, Dickins'm, Ehlridije, Fox, Gdz, Grimvotd, HctHjht, Uamhleton, Ilamill, Hay. nolman,JnhTifon, Thom- aa L. Jones, K'rr, Knott, Lewis, Murshall. Mayhnvi. MrCnr- tni'l:, McKenzic, Morf/an, I'ottcr, Ilamlall, Uecres. Rice. >Schu- maker, Shcrrod, tiinrum, Joseph S. Smith, Stilfs, Stone, Swann, Svxennj, Trimble, Vun Trump, Vonrhees, TFe/is, £ur gene M. }Vilson, Winchester, Wood, Woodward — 54. Previous Votes. In Senate. 1870, February 7 — Mr. Sherman, from the Com- mittee on Finance, reported the following bill : Be it enacted, tfcc. That for 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- site, on the credit of the United States, coupon or registered bonds of such denominations, 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 lime 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, or 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. Sec. 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 such 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 terras of issue are or may become redeemable or payable, or to re- place such coin as may have been used for that purpose. Sec. 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 mav think proper, to the amount of $400,000,000, "redeemable in coin at the jdeasure of the Government at any time after twentj' years, and payable in coin at forty years from date, and bearing interest at 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 tlian their par value, for coin, or, at the discretion of the Secretary, for United States notes; or may be exchanged at not less 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 autliorized: Provided, That there shall be no increase in the aggregate debt of the United States in consequence of any issues authorized by this act. Sec. 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 autliorized 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 thalers. Sec. 6. That the Secretary of the Treasury be, and he i», 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 5th 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 of 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 books 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. Sec. 8. That on and after the 1st day of Octo- ber, 1870, registered bonds of any denomination not less tlian $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 under an 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; and all national banking associa- tions organized under said act, or any amend- ment thereof, are hereby required to deposit bonds issued under this act 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 be 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 ComptroUex 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-third 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 centum per annum. Sec. 9. That the amount of circulating notes which any bank may receive from the Comptrol- ler of the Currency, under the provisions of sec- tion 21 of said act, may equal but not exceed eighty per centum of the par value of the bonds 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, however. 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 outstanding 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 immediate 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 of any bond or bonds of which it is the immediate or remote substitute. Third, To reduce the rate of interest upon all outst-anding 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" andinserting the word " five." Which was disagreed to — yeas 8, nays 40, as follow : Yeas— Messrs. Bayard, Brownlow, Buckingham, Cas- serh/, Ferry, Johnston, Morrill of Vermont, Stockton — 8. Nays — Messrs. Boreman, Cameron, Chandler, Cole, Conkling, Corbett, Davis, Drake, Fenton, Fowler, Gil- bert, Hamlin, Harris, Howard, Howe, Howell, KeV logg, McOrcerr/, McDonald, Norton, Osborn, Ponieroy, Pool. Pratt. Ramsey, Revels, Rice, Ross, Scliurz, Scott, Sherman, Sumner.Thayer, Tipton, Trumbull, Vickers, Warner, Willey, VVilliarhs, Wilson — 10. 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 the word "or," and in lieu thereof inserting, "but the Secretary of the Treasury may, at his 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 — Me.«srs. Abbott, Anthony, Bayard, Casserly, Chandler, Cole, Fenton, Gilbert, Hamlin, Harlan, Howe, Howell, Johnston, Morrill of Maine, Morrill of Vermont. Morten, Pratt, Ramsey, Revels, Rice, Ross, Schnrz, Sherman, Sumner, Tipton, Trumbull, Vickers, Warner, Williams, Wilson — 30. Navs — Messrs. Buckingham, Cameron, Corbett, Da- vis. 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 : Y'eas — Messrs. Bayard, Buckingham, Cameron, Cas- serly, Chandler, Cole, Conkling, Corbett, Fenton, Gil- bert, Hamlin, Harlan, Harris, Howard, Howe, Howell, Johnston Morrill of Maine, Osborn, Pratt, Ramsey, Ross, Schurz, Sprague, Stockton, Sumner, Thurman, Trum- bull, Wilson— 29. Nays — Messrs. Abbott, Anthony, Edmunds, Morrill of Vermont. Morton, Rice, Sherman, Tipton, Vickers, 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 tlie 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 Bection, by striking out all after the words " eighteen hundred and sixty-four," which was disagreed to — yeas 15, nays 28, as follow: Yeas — Messrs. Huckinghnm. Conkling, Corbett, Ed- munds, Ferry, Gilbert, Hamlin, Howard, Howe, Mc- Donald, Morrill of Maine, Morrill of Vermont, Pome- roy. Revels, Scott — 16. Nay.« — Messrs. Abbott, Dayard, Boreman, Casserly, Chandler, Cole, Drake, Hailan, Howell, Johnston, Kel- logg, McCreeiy, 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- able by their terms, and as they shall thereafter become redeemable;" which was disagreed to — yeas 16, nays 28, as follow: Y'eas— -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, Dr^ke, Harlan, HoweH, Johnston, Kellogg, Me- Crcery, 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 pleasure 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 United 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 Treasurj'-, 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 amend by striking out in section 2, line 7, "thirty," and inserting "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, as follow: Yeas- Messrs. Boreman, Brownlow, Cole, Fowler, Howe, Howoll. Kellogg, McCrccry, McDonnld, Morton, Pomeroy, Pool, Pratt, Ramsey, Revels, Sprague, Thur- man, Tipton — 18. Nays — Messrs. Anthony, i?avarfZ. Buckingham, Cam- eron, Casserly, Clumdler, Cuiikling. Curbott, Drake, Fenton, Ferry, Gilbert. Hamlin, Harlan, Harris, How- ard, Jcy/msto!. Morrill of Vermont, Osborn, Rice, Sawyer, Schurz, Scott, Sherman, 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 Yeas — Messrs. Anthony, Brownlow, Buckingham, Cameron, Conkling, Corbett, Ferry, Hamlin, Howard, Howe, McDonald, Morrill of Vermont, Pomeroy, Ram- sey, Scott, Wilson — IG. Nats— Messrs. Bayard, Boreman, Casserlt/, Chandler, Cole, Drake, Fowler, Gilbert, Harlan, Harris, Howell, Johnston, Kellogg, McCreery, Osborn, Pool, Pratt, Revels, Rice, Ross, Schiirz, Sherman, Stewart, Stockton, Sum- ner, Thayer, Thurman, tipion, Trumbull, Warner,Wil- ley, Williams— 32. Mr. Howe moved to amend the 10th 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 — IMessrs. Buckingham, Cameron, Corbett, Gil- bert, Hamlin, Harlan, Howe, Howell, Morrill of Ver- mont, Pomeroy, Ramsey, Revels, Schurz, Seott, Sprague. Trumbull— IG. Nays — Messrs. Bayard, Casserly, Chandler, Cole, Drake, Ferry, Fowler, Harris, Howard, Johnston, Mc- Creery, Morton, Osborn, Pratt, Rice, Ross, Slierman, Stewart, Slockton, 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- nual interest thereon." Which was disagreed to — yeas 14, nays 29, as follow : Yeas — Messrs. Bayard, Boreman, Casserly, Cole, Har- lan, Johnston, McCreery, Pomeroy, Pratt, Sprague, Stock- ton, Thurman, Willey, Wilson — 14. Nays— Messrs. Buckingham, Cameron, Chandler, Corbett, Drake, Fenton, Ferry, Fowler, Gilbert, Harris, Howard, Howell, Kellogg, McDonald, Morrill of Ver- mont, Osborn, Ramsey, Revels, Ross, Sawyer, Schurz, Seott, Sherman, Stewart, Sumner, Tipton, Trumbull, Warner, Williams— 29. Mr. Bayard moved to strike out the 4th sec- tion, which was disagreed to — yeas 7, nays 38, as follow: Yeas — Messrs. Bayard, Boreman, Casserly, Johnston, McCreery, Stockton, Thurman — 7. N.\Ys— Messrs. Buckingham, Cameron, Chandler, Cole, Corbett. Drake, Fenton, Ferry, Fowler, GHbert, Hamlin, Harlan, Harris, Howard, Howell, Kellogg, McDonald, Morrill of Vermont, Morton, Osborn, Pome- roy, Pratt, Ramsey, Revels. Rice, Ross, 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 of the Secre- tary of the Treasury, on the 1st day of July, 1870, to redeem and fund in bonds hereby author- ized all the fractional currency of the 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— Messrs. Bayard, Buckingham, Cameron, Cas- serly, Corbett, Hamlin, Harlan, Howard, Johnston, Kel- logg, Morrill of Vermont, Pomeroy, Seott, Slockton, Sumner, r/mrman, Trumbull, Wilson — 18. Nays — Messrs. Boreman, Chandler, Cole, Drake, Fen- ton, Ferry, Fowler, Gilbert, Harris, Howell, McCreery, McDonald, Morton, Osborn, Pratt, Ramsey, Revels, Ross, Sawyer, Schurz, Sherman, Stewart, Tipton, War- ner, 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, Co\e, Corbett, Ferry, Fowler, Harlan, Harris, Howell, Johns- ton, McCreery, McDonald, Pratt, Ross, Sawyer, Schurz, Scott, Sprague, Sumner, Thayer, Tipton, Wilson— 23. Nays— Messrs. Chandler, Conkling, Drake, Edmunds, Fenton, Gilbert, Hamlin, Howard, Kelloirg, Morrill of Vermont, Osborn, Pomeroy, Ramsey, Revels, 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, Ramsey, Ross, Seott, Sprague, Stewart, Warner — 12. Nats — Messrs. Buckingham, Casserly, Chandler, Conkling, Corbett, Drake, Edmunds, Ferry, Hamlin, Harlan, Harris, Howard, Howell, Johnston, Kellogg, McCreery, McDonald, Morrill of Vermont, Osborn, Pratt, Revels, Rice, Sawj-er, 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, McCreery, Morton, Ramsey, Revels, Rice, Ross, Sprague — 12. Nays — Messrs. Buckingham, Chandler, Conkling, Corbett, Drake, Edmunds. Fenton, Ferry, Hamiin, Harlan. Harris, Kellogg, McDonald, Morrill of Ver- mont, Osborn, Pomeroy, Sawyer, Sahurz, Scott, 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, Edmunds, 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, Warner, Williams, Wilson— 32. Nays— Messrs. Bayard, Boreman, Buckingham, Cas- serly, Corbett, McCreery, McDonald, Sprague, Stockton, Thurman — 10. In House of Representatives. 1870, June 6 — Mr. Schenck, from the Com- mittee of Ways and Means, reported the follow- ing as a substitute for 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. 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 602 POLITICAL MANUAL. known as fivo-twentv bonds at their par yalue, 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 Sec. 3. That the paj'ment 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 liis 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 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. Sec. 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 of 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 tiieir numbers and issue, beginning with the first numbered and issued, in public notice to be given by the Secretary of the Treasury, and in three months after the date of such ]iublic 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 the 2d section of this act. Sec. 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 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 three per centum per an- num; and any amount of gold coin or bullion so deposited maybe withdrawn from deposit at any time after thirty days from the dale 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 in 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 of the Treasury, to the payment or redemption of such outstanding bonds "of the United States, hereto- fore i.~suod and known as the five-twenty bonds, as he may designate under the provisions of the 4th section of tnis act ; and any certificates of deposit issued as aforesaid may be received at par, with the interest accrued thereon, in pay- ment for any bonds authorized to be issued by this act. Sec. 6. That the United States bonds pui chased 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- 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 destroj'ed, 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- plied to said sinking fund, and all other United States bonds redeemed or paid hereafter by the United States, shall also in like manner be can- celed and destroyed; and the amount of the bonds of each class that have been canceled and destroyed shall be deducted respectively from the 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 tlie 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 exempt from the payment of all taxes or duties, in any form, by or under State, municipal, or local authority, &c. Which was disagreed to — yeas 25, naj's 97, on a division. Mr. IngersoU moved to amend the 1st 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 " twent}' " instead of " thirty " years ; which was disagreed to — yeas 22, nays 85, on a division. Mr. Coburn moved to make the time fifty years ; which was disagreed to. Mr. Hoi man moved to add to the 1st section the following: Provided, That no agent or agents shall be em- ployed in the United States or elsewhere for the 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 so issued, or any part thereof. Mr. IngersoU 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, Barnum, Bed; Biggs, Bird, James Brools, Burehard, Calkin. C leveland, Ama.sa. Cobb, Cox, Crehs, Degener. Eidridge, Farnsvvorth, Ferriss, Getz, Griswold, Haniill, Uawkins, Hay, Hulman, Inger.soll, Thomas L. Jones, Kelley, Kerr, Knott, Leuns, Logan, Mai/- ham, McCormick, McGrew, Niblack, Packer, Randall, Reeves. Mice, Rngfrs, Shanks, Sherrod, Shober, Slociim, Joseph S. Smith, William J Smith, Stiles, Sweeney, Taffe, Trimble, Van Trump, Van 'Wyck, Veorhees, Ward, Wells, Williams, Winchester. Wood, Woodward— bT. Nats — Messrs. Allison, Ames, Armstrong, Arnell, As- per, Atwood, Ayer, Bailey, Banks, Bealty, Benjamin, Benton, Bingham, Blair, Boles, Bovker, Boyd, Buck, Buckley, Buttinton, Benjamin F. Butler, Roderick R. Butler. Cessna, Churchill, Sidney Clarke, Clinton L. Cobb, Coliurn, Conger, Covode, CuUorn, Davis, Dawes, Dockery, Donley, Ela, Finkelnburg, Fisher, Fitch, Hale, Htill, Hoar, Hooper, Jenckes, Judd. Julian, Kel- logg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Loughridge, Marshall. McCarthy, ilcKenzie, Mercur, Eliakim H. IVloore, Jesse H. Moore. William Moore, Daniel J. Blorrell, Myers, Negley, O'Neill, Orth, Paine, Peck, Peters, Phelps, Poland, Porter, Prosser, Eoots, Sargent, Sawyer, Schenck, Scofield, Lionel A. Sheldon, John A. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevens, Stokes, Stoughton, Strickland, Strong, Tanner, Taylor, Tillman, Townsend, Twiehell, 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, Cleveland, Coburn. Crebs, Dickinson, Dockery, Dox. Eidridge, Getz, Griswold, Hamill, Holman, Thomas L. Jone-s, Kerr, Knott, Lewis, Marshall, Mayham, McCormick, McNeely, Morgan, Mungcn, Niblack, Orth, Reeves, Rice, Rogers, Shober, Joseph S. Smith, Stiles, Sweeneg, Trimble, Tyner, Van Trump, Voorhees, Wells, Winchester, Woodward — il. Nats — Messrs. Allison, Ambler, Ames, Archer, Arm- strong. Arnell, Asper, Atwood. AxtM, Ayer, Bailey, Barnum. Benjamin, Bennett, Benton. Bingham, Blair, Boles, Booker, Boyd, George M. Brooks, James Brooks, Buck, Buckley, ButHnton, Burehard, Burdett, Cessna, Churchill. William. T. Clark. Amasa Cobb, Conger, Cul- lom, Davis, Dawes, Degener. Dickey. Donley, Dyer, Ferriss, Ferry. Finljelnburg, Fisher, Fitch, Hale, Har- ris, Hnwley, Haj', Hays, Hetlin, Hill, Hoar, Hooper, Jenckes, Alexander H. Jones. Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Ijaflin, Lash, Law- rence, Logan, Lougliridge, Maynard, McCaith}', McCra- ry,MeGrew,iVcA'e?i3!«, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore. Morphis, Daniel J. Morrell, Myers, O'Neill, Packard, Packer, Paine, Palmer, Peck, Peters, Poland, Pomeroy, Porter, Prosser, Randall, Eoots, Sanford, Sargent, Sawyer. Schenck, Scotield, Lionel A. Sheldon, 57ofi;TO, John .\. Smith, William J. Smith, Worthington C.Smith, William Smyth, Stevens, Stevenson. Stokes, Stone, Stoughton, Strickland, Swann, Taffe, Tanner, Taylor, Tillman, Townsend, Twiehell, Upson, Van Horn, Van Wyck, Wallace, Wel- ker, Wheeler, Whitmore, Wilkinson, Willard, Williams, Winans— 127. Mr. Judd moved to strike out from the 4tli 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 apply 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 liolder, or unless at such time bonds of the United States bearing a lower rate of interest than the bonds to be redeemed can be sold at par in coin. And the United States also solemnly pledges its faith to make provision at the earliest practicable period for the redemption of the United States notes in coin. Which was disagreed to — yeas 54, nays 98, as follow : Yeas— Messrs. Allison, Ambler, Armstrong, Bennett, Boles, George M. Brooks, Burehard, Benjamin F. But- ler, Cessna, Amasa Cobb, Coburn, CuUom, Dickey, Dick- inson, Dockery, Dox, Dyer, Ferry, Finkelnburg, Fitch, Griswold, Hale, Hawkins, Hawley, Hay, Hetiih, Hoar, Judd. Kelsey, Loughridge, McCormick, IMcCrary. Mer- cur, Jesse H. Moore, Orth, Packard, Packer, Paine, Po- land, Pomeroy, Roqers, Shanks, Lionel A. Sheldon, S/io- her, John A. Smith, AVorthi-ngton C. Smith, William Smyth, Stevenson, Stokes, Tyner, Wallace, Williams, John T. Wilson, iVoodward — .54. Nats — Messrs. Adams, Ames. Archer, Asper, Axtell, Ayer. Bailey, Beaman. Benjamin, Benton, Bingham, Bird, Blair, Booker, Boyd, Jantcs Brooks, Buck, Buckley, Buffinton, Burdett, Burr, Roderick H. Butler. Calkin, William T. Clark, Clinton L. Cobb, Conger, Cook. Cox, Crehs, Davis, Donley, Ferriss, Fisher, Getz, Hamill, Harris, Hill, Holman, Hooper, IngersoU, Jenckes, Thomas L. Jones, Julian, Kelley, Ketcham, Knapp, Knott, Laflin, Lash, Lawrence, Maynard, McCarthy, JIcGrew, McKcnzie, William Moore, Daniel J. Morrell, Morrissey, Mungcn, Myers, Negley, Niblack, O'Neill, Peck, Peters, Phelps, Prosser, Randall, Reeves. Rice, Sanford, Sawyer, Schenck, Schumaker, Scofield, Slocum, Joseph S. Smith, William J. Smith, Stevens, Stiles. Stone, Stoughton, Strickland, Sioann. Swcencjt, Taffe, Tanner, Taylor, Tillman. Townsend, Trimble. Twiehell, Upson, Welker, Wheeler, Whitmore, Willard, Winans, Win- chestei — 98. Mr. Gri.swold 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, That if on a demand for payment of any of said certificates in coin there should not be sufiicient gold coin in the Treasury arising under this act, then it shall be lawful for the Secretary of the Treasury to appropriate any 604 POLITICAL MANUAL. other gold coin in the Treasury in payment of said certificates. Which was disagreed to. Mr. IngersoU 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 G 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 : Sec. 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^demptiou thereof, at any time before the maturity thereof, he shall receive the face of his bond or bonds in legal-tender notes at par value, 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. Sec. !). That the Secretary of tlie Treasury shall, as soon as practicable after receiving the same, use or invest at least eighty per cent., and as mijch 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 intere.'it 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: Ye.\8 — Messrs. Allison, .Ambler, Anips, Armstrong;, Arnell, Asper, Atwood, Artfll, .\yer, Builey. Jiarnum, Benjamin, Bennett, Benton, BinKliain, Blair, Boles, Bimker, Boyd, George M. Brooks, Buck, Buckley, But- flnton, Biirchard, Burdett, Roderiek R. Butler, Ces.sna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Cobum, Cook. Conger. CuUom, Dawes, Degener, Dickey, Dockery, Donley, Ela, Fer- riss, Ferry, Finkelnburg. Fisher, Fitch, Hale, Harris, Hawley, Hay, Hill, Ho.ir, Hooper, Jcnekes, Alexander H. Jones, J udd, Julian, Kelley, Kellogg, Kolsey. Ketch- am, Knapp, Laflin, Lash, La\vrenc»% Logan" Lough- ridge, Maynard, McCarthy, McGrevv, McKenzie. Morcur, Eliakim 11. Moore, Jesse H, Moore, William Moore Morphis, Daniel J. Morrell, Myers, Negley. O'Neill, Orth, Packard, Packer, Paine, Palmer, Peck, Perce Peters, Phelps, Porter, Prosser, Roots, Sanlord, Sargent, Sawyer, Schenck, Schumi!. Thomas L. Jones, Judd, Kerr, Knott, Lash, Lewis, Loughridge, Marshall. Ma;iham, McCorniirk, Me- Kenzie, McNeehi, Jesse H. Moore, Morgan, Morphis, Daniel J. Morrell, Mungen. Niblack, Packer, Paine, Palmer, Piatt, Pomeroy, Poller, Randall, Reeves. Rice, Rogers, Schumaker. Lionel A. She\don, Sherrod, Slocum, Joseph S. Smith. Worthington C. Smith, Stiles, Stone, tiwitnn, Taft'e, Townsend, TVimble, T.vner, Van Auken, Van Horn. Van Trump, Van Wyck, Voorhees. Whitmore, Wilkinson, Eugene M. Wilson. John T. Wilson, Win- ehejiter, Witcher. Wood, Woodward — lO.'?. The same committee was appointed on the second conference, and the bill, as finally passed and printed above, was agreed to. rj:x. INTERNAL TAX AND TARIFF. In House of Repeesentatives. 1870, May 27— Mr. Sclienck, 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 : Yeas — Messrs. Allison, Ames, Archer, Armstrong, Ax- tell, Ayer, Banks, Barry, Beck, Bennett, Bigqs, Dingliam, Bird, Bowen, George M. Brooks, James Brooks, BufHn- ton, Burr, Sidney Clarke, Cleveland, Covode, Cowles, Davis, Dawes, Deweese, Degener, Dickinson, Donley, Dox, Duval, Eldridqe, Ferriss, Finkelnburg, Fisher, Fitch, Fox, Getz, GilfiUan, Qriswokl. Haight, Hamhleton, Hamill, Hamilton, Harris, Heflin, Hill, Hoar, Holman, Hooper, Hotchkiss, Jenckes, Johnson, Judd, Kelley, Kellogg, Kerr, Keteham, Knapp, Laflin, Lawrence, Lj'neh, Mayham, McCarthy, McGrew, McKemie, Mc- Neelij, Milne's, William Moore, Morgan, Daniel J. Morrell, Morrissei/, Myers, Negley, Newsham, Aiblack, O'Neill, Orth, Packer, Perce, Peters, Porter, Potter, Prossor, Randall. Reeves, Ridgwat/, Sargent, Sawyer, Scofield, Por- ter Sheldon, Slocuin, Joseph S. Smith, Worthington C. Smith, Starkweather, Stevenson, Siiles, Stone, Utrader, Strong, Swann, Sweeney, Tanner, Taylor, Townsend, Trimble, Twiehell, Upson, William B. Washburn, Wel- ker, Wells, Wheeler, John T. Wilson, Winans, Win- chester. Wood — 114. Nats — Messrs. Ambler, Arnell, Asper, Atwood, Bailey, Boaman, Beatty, Benjamin, Benton, Blair, Boles, Booker, Boyd, Burchard. Burdett, Benjamin F. Butler, Roderick R. Butler, William T. Clark, Amasa Cobb, Co- burn, Cook. Conger, Crebs, Cullom, Dockery, Ela, Farns- worth, Garfield, Gibson, Hale, Hawkins, Hay, Hays, Ingersoll, Alexander H. Jones, Kelsey, Lash, Lewis, Logan, Loughridge, Marshall, Maynard, McCormick, McCrary, Mercur, EHakim H. Moore, Jesse H. Moore, Morphis, Samuel P. Morrill, Packard, Paine, Peck, Phelps, Pomeroy, Rice, Roots, Schenck, Lionel A. Sheldon, Sherrod, John A. Smith, William J. Smith, William Smyth, Stokes, Stoughton, Strickland, Till- man, Tyner, VanAuken, Van Horn, Wallace, Ward, Wil- kinson, Willard, Williams, Eugene M. WiUon, Witeher— 76. 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 — Llessrs. Allison, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Banks, Barry, Beaman, Beck, Ben- nett, Biggs, Bird, Boles, Bowen, George M. Brooks, James Brooks, Buffinton, Burchard, Burr, William T. Clark, Sidney Clarke, Cleveland, Cook, Conger, Covode, Cowles, Cullom, Davis, Dawes, Dickinson. Dockery, Don- ley, Dox, Duval, Eldridge, Farnsworth, Ferriss, Fisher, Fitch, For, Getz, Gibson, GilfiUan, Griswnld, Haight, Hale, Hambleton, Hamill, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Hill, Hoar, Holman, Hooper, Hotclikiss, Ingersoll, Jenckes, Johnson, Judd, Kelley, Kellogg, Kerr, Ketoham, Laflin, Logan, Lynch, Marshall, May- ham, McCarthy, McGrew, McKenzie, McNee.lij, Mercur, Milnes, Jesse H. Moore, William Moore, Morgan, Mor- n'sse)/, Myers, Newsham, iVibtac^-, O'Neill, Orth, Pack- ard, Packer, Peck, Perce, Peters, Phelps, Piatt, Pome- roy, Porter, Potter, Prosser, Randall, Reeves, Ridgway, Sargent, Sawyer, Scofield, Lionel A. Sheldon, Porter SheJdon, Sherrod, Sloeum, John A. Smith, Joseph S. Smith, W. C. Smith, Starkweather. Stevenson, Stiles, Stokes, Stone, Stoughton, Strader, Strickland, Strong, Swann, Sweeney, Tanner, Tillman, Townsend, Trimble, Twiehell, Upson, Van Auken, William B. Washburn, Wells, 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, Crebs. Dyer, Ela, Finkelnburg. Garfield, Alex- ander H. Jones, Kelsey, Knapp, Knott, Lash, Lewis, Loughridge, Maynard, McCormick. McCrary, Eliakim H. Moore, Samuel P. Morrill, Paine, Rice, Roots, Schenck, Schumaker, William J. Smith, William Smyth, Taffe, Taylor. Tyner, Van Horn, Wallace, Ward, Wel- ker, Wilkinson, Willard, Williams, Eugene M. WiUon, John T. Wilson, Witeher— 51. Mr. Potter moved to amend by adding the fol- lowing proviso: Provided, That the tax imposed by 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 : Yeas— Messrs. km&a. Archer Armstrong, Banks, Ben- nett, Biggs. Bird, Bowen, Buffinton, Burr, Benjamin F. Butler, Wcretond, Covode, Cowles, Crebs, Davis, Dickinson, Dox, Eldridge, Fisher, Fitch, Fox, Garfield, Getz, Gibson, Haight, Hamill, Hill, Hotchkiss, Johnson, Kelley, Kel- logg, Lattin, Lynch, Mayham, McCarthy, McKemie, McNeely, Milnes, William Moore, D.aniel J. Morrell, Morrissey, Myers, Negley, Newsham, Niblack, O'Neill, Packer, Paine, Phelps, Piatt, Potter, Randnll, Reeves, 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, Boles, Booker, Boyd, George M. Brooks, Burchard. Burdett, Roderick R. Butler, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, Cullom, Dixon, Dockery, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, Finkelnburg, GilfiUan, Hale, Hambleton, Hamilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Hoar, Holman, Hooper, Ingersoll, Alex- ander H. Jones, Judd, Kelsey, Kerr, Knott, Lash, Law- rence, Lewis, Loughridge, Marshall, Maynard, McCor- mick, McCrary, McGrew, Mercur, Eliakim H. Moore, Jesse H. Moore, Morphis, Samuel P. Morrill, Orth, Packard, Peck, Perce, Peters, Rice, Ridgway, Roots, Sawyer, Schenck, Scofield, Lionel A. Sheldon, Sherrod, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Stokes, Stoughton. Strickland, Taffe, Tanner, Townsend, Twiehell, Tyner, Van Auken, Van Horn, Wallace, Ward, William B. Washburn, Welker, Wheeler, Wilkinson, Williams, Eugene M. Wil- son, John T. Wilson, Winans, Witeher — 107. ilr. Woodward moved to strike out all of sec- tion 35, levying the income tax, and insert the following : That tliere 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 States, the same to be deducted and withheld from such 605 coo 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 : Yeas— Messrs. Adams, Axfcll, Aver, Beck, Biggs. Bird, Booker, Burr, Cleveland, Crebs, I)ickit)soii, Do/. Fiinis- worth, Getz, OiAwn, llamhleton. HamiU, Ilcflin. Hohnan, Johnson, Kerr, Knott. Lewis, McCormiek, Mc'Xccl;/. Milncs, Morgan. Morris.'ie;/, Nibtack, Potter, lian'laU, Iiceees. Rice, Itidgwa;/ Slurroil, AYiVm, Stone. Strader, Sweeney. Trim blc. Van Auken. Eugene M. W'iUon, Winchester, Witcher, Wood, Woodward — lu. Navs — Messrs. Allison. Ambler, Ames, Armstrong, Arnell, Asper, .\t\vood, Bailey, Banks, Barry, Beaman, Beatty, Benjamin, Benton," Bingliam, Blair, Boyil, (leorge M. Brooks, James Brooks, Buffinton, Burchard, Burdeft, lienjamin F. BuHer, Roderick R. Hutler, Wil- liam T. Clark, Sidney Clarke, Coburn, Cook, Conger, Co- vode,Co\vles, Culioni, Davis, Dawes, Degener, Dockery, Donley. Duval, Dver, Ferriss, Finkelnliurg, Fisher, Fitch. Garfield, Gilfillan, Haight, Hale, Hamilton, Har- ris, Hawkins, Hawley, Hay, Hill, Hoar. Hooper, Hotch- kiss, Ingersoll, Jenekes." Alexander H. Jones, Judd, Kelley, Kellogg, Kelsey,Kclcham, Knapp.Lafiin.LasU, Lawrence, Logan. Loughridge, Lymdi, Jlaynard, Mc- Carthy, MeCrary, McGrew, McKenzie, Mercur, Eliakim H. Moore. Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, Newsham, O'Neill, Orth. Packard, Packer". Paine, Peek, Perce, Peters, Phelps, Pomeroy, Prosser, Roots, Sar- gent, Sawyer, Sclienck, Schuma'ker, Scofield, Lionel A. Sheldon, Porter Sheldon, Slocwn, John A. Smith, Wil- liam J. Smith, Worthington 0. Smith, William Smyth, Starkweather, Stevensoti, Stokes, Stoughton, Strick- land, Strong, Tafie, Tanner, Taylor, Tillman. Town- send, Twiehell, Tyner, Upson, 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 — ^lessrs. Archer, Axtell, Bennett, Biggs, Bird, Bowen, Buffinton, Burr. Cleveland. Covodc. Cowles, Crebs, Davis, Dickinson, Fitch, Fri^-. Garfield, Oetz, Haight, Haniill, Hill, Hoojjer, Hotchkiss, Jenekes, Johnson, Kolley, Kellogg, Ketcham, Laflin, Lynch, Mai/ham, ]\IcCarthy, Milnes, Jesse H. Moore, William Moore, Daniel J. Morrell, Morrissey, Myers, Negley, Kewsliam, Xiblack, O'Neill, Paine, Potter, Randall, Reeves, Ridgway, Sargent, Schumetker, Slocum, Joseph S. Smith. Starkweather, Stevenson, Stiles. Strong, Swann, Taylor, Trimble, Twiehell, Upson, Hoorf— 01. Nays — Messrs. Allison, Ambler, Armstrong, Arnell, Asper, Atwood, Baily, Barry, Beaman, Beatty, Bcc:k, Benjamin, Benton, Bingham, Blair, Boles, Banker, Boyd, Geo. M. Brooks, Biuchard, Burdett, Roderick R. Butler, William T. Clark, Sidney Clarke, Amasa Cobb, Coburn, (^ook. Conger, Cullom, Dawes, Degener, Dockery, Donley, Dox. Duval, Dyer. Ela, Eldridge, Farnsworth, Ferriss, Finkclnburg, Fisher, Gihson, Gilfillan, Hale, Hainbleton, Hamilton, Hawkins. Haw- ley, Hay, Hays, Hefiin, Hoar, //o/ma?i. Insersoll, Alex- ander H. Jones, Judrl, Kelsey, Kerr. Knapp, Knott, Lash, Lawrence, Lewis, Logan, Loughridge, Marshall, Maj^nard, McCormiek, McCi-ary, MctJrew, McKenzie. McKeebi, Mercur, Eliakim IL Moore, Morgan, Morphis, Samuel P. Morrill, Urlh, Packard, Packer, Pock, Perce, Peters, Phelps, Piatt, Pomeroy, Porter, Prosser, Rice. Roots, Sawyer, Schenck, Scofield, Lionel A. Shel- don, Porter Sheldon. John A. Smith, William J. Smith, Worthington C. Smith, Willinm Smyth, Stokes, .S7(;»fi, Stoughton, Strickland, Sweeney, Tafl'e, Tnnner,Tillnian. Townsend, Tyner, Van Aukcn, Wallace, Ward, William B. Washburn, Wheeler, Whitmore, Willard, Williams, John T. Wilson, Winans, Witcher, Woodward— \tl. Mr. Beck moved to amend by levying a tax of five per cent, on the interest or coupons of all boncfs 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, Bigg^, Bird, Booker, James Brooks, Burr, Benjainin F. Butler, Cleveland, Amasa Cobb, Coburn, Crdis, Cullom, Dickinson, Dockery, Dox. Dyer, Ela, Kldridi/e, Farns- worth, Fitch, Fox, Octz.Gibson, Grinwold. Ilaii/ht, Hal- dcman, llamhleton, Uamill, Hamilton, Hawkins, Hay, Hays, Heflin, ffolman, Ingersoll, Johnson. Alexander H. Jones, Kerr. Knott, Lewis, Logan, Marshall, Mai/ham, McCormiek, McNcely. Milnes, Jesse H. Moore, Morgan, Morrissey, Nibtack, Orth, P.iter, Randall, Reeves. Rice, Sargent, Lionel A. Sheldon, Sherrod, Joseph S. Smith, Stiles. Stokes. Strader, Sweeney, Trimble, Tyner, Van An- ken. Wells, Whitmore, Eugene M. Wilson, John T. Wil- son, Winchester, Wit'Aier, Wood, Woodward— IS. Nays — Messrs. Allison, Ambler, Ames, Armstrong, Arnell. Asper, Atwood, Ayer, Bailey, Banks, Barry, Bea- man, Beattj', Bennett, Benton, Bingham, Blair, Bowen, Boyd, George JL Brooks, Buffinton, Burchard, Burdett, Roderick R. Butler, Sidney Clarke, Conger. Covode, Cowles, Davis, Dawes, Degener, Donley," Duval, Fer- riss, Finkclnburg, Fisher, Garfield, Gilfillan, Hale, Har- ris, Hawley, Hill, Hoar, Hooper, Hotchkiss, Ji/nckes, Judd, Ivellcy, Kellogg, Kelsey, Knapp, Laflin, Lash, Lawrence, Loughridge, Lynch, Maynard, McCarthy, JlcCrary, flIcGrcw, McKenzie, Mercur, Eliakim H. Moore, William Moore, ]Mor|ihis, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, Newsham, O'Neill, Packard, Parker. Pairie, Peck, Peree, Peters, Phelps, Piatt, Pomeroy, Porter, Roots, Sawyer, Schenck, Schu- ?rt.7A:er, Scofield, Porter Sheldon,/SVocH?H, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevenson, Stoughton, Strick- land, Strong, Tanner, Taylor, Tillman, Townsend, Twiehell, Upson, Ward, William B. Washburn, Weiker, Wheeler, Wilkinson, Willard, Williams, Winans — 111. June 6 — Mr. Schenck 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 2| cents per pound, and refined 4 cents per pound; on pig iron $7 per ton ; on steel railway bars 1| cents per pound, and on all railway bars made in part of steel IJ- cents per pound: Provided, 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. iJooAer, Bowen, Boyd, George M. Brooks, Butfinton, Bnri'hard, Burdett, Roderick R. Butler, Cake, Cessna, Churcliill, William T. Clark, Sidney Clarke, Amasa Cobli, Cook, Conger, Covode, Cowles, Cullom, Davis, Dawes, De- gener, Dickey, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, Finkclnlmrg, Fisher, Garfield, tJiltillnn, Hale, Hamilton, Harris, Hawkins, Hawley, Hay, Hill, Hoar, Hooper, Hotchkiss, Ingersoll, Alexander il. Junes, Kel- ley, Kellogg, Ketcham, Knapp, Knott. Laflin, Lash, Lawrence. Loughridge, Lync-h, M.-iynard, McCrary, McGrew, McKenzie, Mercur, Milnes, Eliakim H. Moore, Jesse H. Moore, William Bloore, Morphis, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Peck, Perce, Peters, Phelps. Piatt, Poland, Pomeroy, Rice, Roots, Sanford, Sawyer, Schenck, Scofield, Porter Sheldon, John A. Sm'ith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevenson, Stokes, iS^owe, stough- ton. Strickland, Strong, TafFe, Tanner, Taylor, Tillman, Townsend, Trimble, Twiehell, Tyner, Upson, Van Wyck, Wara, William B.Washburn, Welker, Wheeler, wfiitmore, Wilkinson, Willard, Williams, Winans, Witcher, Woodward— X.iT. Nays — Messrs. Axtell, Benjamin, Biggs, Bird, James Brooks, Buck, Burr, Benjamin F. Butler, Conner, Cox, Crebs, Dox. EMridi/e, Fox, Getz, Griswold, Ila\ijhl, ITalde- mnn, HamiU, Hetlln, Hniman, Kerr, Lewis, Marshall, ifay- ham, McNeeljl, Morgan, Aiblack, Potter, Ran Intl. Jieeres, Ridgway, Rogers, Sargent, Schumaker, Sbcrrod, Stiles, Strader, Swann, Sweeney, Van Trump, Wells, Winchester, Wood—U. Mr. Schenck 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. lie also stated that the tax bill as INTERNAL TAX AND TARIFF. 607 amended in the House would decrease the reve- nue from interaal taxes about $45,000,000. This section was then agreed to, and the bill passed— yeas 152, nays 35, as follow: Yeas— Messrs. Jdams, Allison, Ambler, Ames, Arm- strong, Arnell, Atwood, Axtcll, Ayor, Bailey, Banks, Beanian, Beatty, Benjamin, Bennett, Benton, Bing- ham, Blair, Boles, Booker, Bowen, Boyd, George M. Brooks, Buck, Buffinton, Bareharil, Bui'dett, Roderick R. Butler, Cake, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb. Coburn, Cook, Conger, Covode, CoWles, Cn'bs, Cullom, Dawes, Degener, Dickey, Donley, Duval, Dyer, Ela, Farnswortli, Fer- riss, Finkelnburg, Fisher, Fitch, Garfield, Gillillan, Hale, Hamilton, Harris, Hawkins, Hawley, Hay, Hill, Hoar, Hooper. Hot<'hkiss, Ingersoll, Keliey, Kellogg, Ketcliani, Knapp. Knott, Laflin, Lash, Lawrence, Lewis, Logan. LoUvjhridge. Lynch. Maynard, McCarthy, J/cCo?-- mich, SlcCrary, McKee. McKenzie, IMercur, Milnes, Elia- kim H. Moore, Jevse H. Moore, William Moore. Mor- phis, Daniel J. Morrcll, Samuel P. Morrill, Myer.s, Negley, Newsham, O'Neill, Orth, Packard, Packer, Paine," Peck, Perce, Peters, Phelps, Piatt, Poland Pom- eroy, Prosser, Nice, linr/trs. Roots, Sanford, Sargent, Sawyer, vSehenck, Seolield. Lionel A. Sheldon, Porter Sheldon, John A Smith, William J. Smith, Woj-thing- ton C. Smith. William Smyth, Starkweather, Steven- son, Stokes, Stoughton, Strickland, Strong, Taffe, Tan- ner, Taylor, Tillman, ToWnsend, Trimble, Twichell, Tyner, Upson, Van Horn, Van Wyck, Ward, William B. Washburn, Wclker, Wells. Wheeler, Whitmore, Wilkin- son, Willard, Williams, John T. Wilson, Winan8,Witeher, Woodward — 152. Nats— Messrs. Bird, James' Brooks, Burr, Conner, Cox, Dox, Eldridgc, Fox, Getz, Griswold, Ifaiglit, Haldeman, Hamill,, Hays, Hetlin, Holman,, Johnson, Kerr, Muyhum, McNeely, Morgan, Morrissey, Niblack, Potter, Randall, Reeves, Ridgway, Sherrod. Slocum, Stiles, Stone, Swann, Van Trump, Winchester, Wood — 35. In Senate. 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, Bai/ard, Buck- ingham, Cameron, Carpenter, Casserli/, Colo, Conkling. Corbett, Davis, Fenton, Feri'y, Fowler, Gilbert, Hamil- tonoi Maryland, Harris, Jolmston, Kellogg, McCreerjt/, McDonald, Osborn, Pomeroy, Robertson, Saiilsburi/, Scott, Stewart, Sumner, !r/iM/')rta?i, Trumbull, Vickers, Wilson, Yates— 34. Nats— Messrs. Boreman, Brownlow.Chandler, Drake, Hamlin, Harlan, Howard, Howe, Howell, Jlorrill of Maine, Morrill of Vermont, IMorton, Pratt, Ramsey, Rice, Ross, Schurz, 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: Sec. — . 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 11, nays 25, as follov/ : Yeas — Messrs. Caaserhi, Fenton, Fowler, Hamilton of Maryland, McCreery, Pratt, Rice, Ross, Sprague, Thar' man, Vickers — 11. Nats — Blessrs. Anthony, Boreman. Cattell, Cole, Cra- gin, Gilbert, Hamlin, Harlan, Harris, Howe, Howell, McDonald, Blorrill of Maine, Morrill of Vermont, Pom- eroy, Ramsey. Sawyer, Schurz, Scott, Sherman, Stew- art, Sumner, Willey, Williams, Wilson— 25. July 1 — Mr. Bayard moved to amend by in- serting the following: Sec. — . 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, Casserly, Davis, Fowler. Ham- ilton of Maryland, 'AlcCrecry, Pratt, Spencer, Sprague, Stockton, Thurman, Vickers — 12. Nats — Messrs. Anthony, Boreman, Chandler, Cor- bett. Cragin. Drake, Edmunds, Fenton, Gilliert, Ham- lin, Harlan, Harris, Howe, Howell, l\IcDonald, IMorrill of Maine, INIorrill of Vermont, Morton, Nye, Osborn, Pomeroy, Ramsey, Revels, Rice, Savpyer, Schurz. Scott, Sherman. Sunmor, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 3G. Mr. Thurman moved to insert the following: Sec. — That there shall be levied and collected, in the manner hereinafter sj^ecified, 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, McCreery, Pratt, Sprague, Stockton, Tliurman, Vickers — 11. Nays — Messrs. Anthony, Boreman, Chandler, Cor- bett. Cragin, Dralrth, Packard. Packer, Piatt, Pomeroy, }\rtlrr. Randall, Reading, Reeves, Rice, Rogers, Sargent. Schenck, Schumaker, Slierrod, Slocum, John A. Smith, Worthington C. Smith. Starkweather, Stiles, Stone, Strader. Strong, Swann. Tatfe, Tanner, Trimble, Tvner, Van Auken. Van Trump, Voorhees, Cadwalader C." Washburn, William B Washburn, Welker, Wells, Wheeler, Wilkinson, Willard, Williams, ^Kjyene M. Wil- son, John T. Wilson, Winans, Witcher, Wood, Woodward —115. Nay.s — Messrs. Arnell,Asper,Atwood,Ayer,Benjamin, Boles. Bowen, Boyd, George M. Brooks, Buck, Buck- ley, Bnfhnton, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Clarke, Amasa Cobb, Clinton L. Cobb, Conger, Covode, Davis, Dickey, Donley, Fish- er.Gilfillan, Hamilton, narris,Hays,Heflin, Hoar, Hoge, Hooper, Hotehkiss, Alexander Xi. Jones, Julian, Kelley, Kivapp, La.xh, Lawrence, Lough ridge, Maynard, Mc- Kee, Mercur, William Moore, Morrell, Morrill, Myers, Negley, O'Neill, Paine, Palmer, Perce, Phelps, Prosser, Roots, 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 65, as follow : Yeas — Messrs. Alli,«on, Ambler, Arnell, Asper, At- wood, Ayer, Banks, Beamau, Beatty, Benjamin, Bing- ham, Blair, Boles, Booker, Bowen, Boyd, George M, Brooks, Buck, Buckley, Buffinton, Burchard, Burdett. Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Co- burn, Cook, Conger, Cullom, Davis, Dawes, Dickey, Doekery, Donley, Duval, Ferriss, Ferry, Finkelnburg, Fisher, Garfield, GilfiUan, Hale, Hamilton, Harris, Hawley, Hay, Heaton. Heflin, Hill, Hoar, Huge, Hooper, Hotchkiss, Ingersoll, Jenckes, Alexander H. Joner , Judd, Julian, Kelley, Kellogg. Keteham, Knapp, Laf- lin. Lash, Ijawrenee, Logan, lloughridge. Lynch, Mc- Carthy, McCrary, McKenzie, Mereiir, Eliakim H. Moore, Jesse H. Moore, William Moore, Morrell, Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Phelps, Piatt, Pomeroy, Prosser, Roots, Sanford, Sargent, Saw- yer, Schenck, Seofield, Shanks, John A. Smith, William J. Smith, Worthington C.Smith, William Smyth, Stark- weather, Stokes, Stcnighton, Strickland, Strong, Till- man, Townsend, Twifdiell, Tyner, Upson, Van Horn, Cadwalader C. Washburn, William B. Washburn, W«l» 612 POLITICAL MANUAL. kor, Whpelcr, Wilkinson. 'VTillard, Williams. John T. ■Wilson. Winans. Witcher — lii. Nats — Me.«.«rs. Aiiaiim. Arrher, Artell, Brrk. Bicitja. Bird, Burr. Calkin, Cleveland, Cox, Crihs. Dicl.iuson. box, Hldridfje. Getz. Grisnold. Unif/ht Ihikhmnn, llnmhletnn, Hamill. Hawkins. Holmnn. Johnson. Thotnna L Jonrs, Kerr, Knott. Marshnlt, Mnyhnm, McCorniick, McIS'f-chi, Milnes SSihlnck, Potter, liandnll. Reading, Reeves. Rice, Rogers. Sclnunaker, Shcrrod, iSlocum. Stevenson, Stiles, Stone. St' (idcr, Swnnn. Tixunev, Trimble. \'an Anhen. Van Trump. Vourhees, Wells, Eugene M, Wilson, Wood, Wood- ward — 55. In Senate. 1870, March IS^Mr. Morton moved to amend by inserting at the end of the bill as follows: Sec. 2. That so much of the act entitled "An act making appropriations for the support of the army for the year ending Juno 30, 1868, and for other purposes," approved March 2, 1807, as pro- hibits the organization, arming, or calling into service of the militia forces in the State of Geor- gia, be, and the same is hereby, repealed. Which was agreed to. April 14 — Mr. Williams moved to strike out the last clause of the Bingham proviso and in- sert as follows: Frovided further, That the next election for members of the general assembly of said State Bhall 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 assembly may, by law, change 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 ofBce 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 — Messr.i. Abbott.. Ames, Boreman, Chandler, Cole, Drake, Fenton, Flanajjan, Gilbert, Hamilton of Texas, Howard. Howell, Lewis, Nye. Osborn, Ramsey, Rice, Spencer, Stewart, Sumner, Thayer, Warner, Wil- liams, Wil.son — 24. Nays — Messrs. Anthony, Buckingham. Carpenter. Ois- terly, Corbett. D'lvis, F"erry. Fowler, William T. Hamilton, Howe. Johnston, McCieery, Morrill of Maine, Morrill of Vermont, Patterson, Pratt, Sehiirz, Scott, Sherman, Sprague, Stockton, Tipton, Trumbull, Vickers, 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 organized shall date from the 26th of January, 1870, and shall con- tinue until the persons to be chosen on tlie Tuesday after the 1st Monday of November, 1872, as members of the general assembly of said State, are qualified: Provided, That the last clause of the second subdivision of the first sec- tion of the third article of the constitution of Georgia, in the following words: 'The general assembly may by law change the time of elec- tion, and the members shall hold 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, con- sent to this fundamental condition before this act sliall take effect." Mr. Fomeroy moved to amend the amendment of Mr. Wilson by striking out all after the word "that" in the first line and inserting as follows: "The existing government in the State of Geor- gia is hereby declared to be provisional; and the same shall continue subject to the provision.s of the acts 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 tliird military dis- trict. "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 on the 15th day of November, 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 be entitled to vote. And said general as- sembly, so elected, shall assemble at the capitol of said State, on Tuesda3^ the 13th day of De- cember, 1870, and organize, preparatory to the admission of the State to representation in Con- gress ; and the powers and functions of the members of the existing general assembly shall cease and determine on the said 13th day of December, 1870." Mr. Pomeroy's amendment was agreed to — yeas 37, nays 24, as follow ; Yeas— Messrs. Abbott, Ames, Anthony, Buckingham, Carpenter, Cisscrly, Cole. Corbett, Cragin, Davis, Ed- muniis. Ferry, Fowler, Hamilton o{ Maryland, Hamlin, Harlan, Howe. Kellogg, McOrtery, Morrill of Maine, Morrill of Vermont, Patterson. Pomeroy, Pool, Pratt, Roliertson, Saulsbnry. Sawyer. .Schurz. Scott. Sherman, Stockton, Thurman, Tipton,"TrumliuII, Warner, Willey — 37. Nats — Messrs. Boreman, Brownlow, Drake, Fenton, Flanagan, Hamilton of Texas, Harris, Howard, Howell, McDonald. Slorton. Nye. Osborn. Kumsey, Revels. Rice, Ross, Spencer. Stewart, Sumner, Thayer, Williams, Wil.son, Yates — 24. Mr. Wilson's amendment as amended was agreed to — yeas 36, nays 23, as follov/: Yr.ts — Messrs. Abbott, .4mes, Anthony, BrownloWi Buckingham, Carpenter, Casserbj, Cole, Corbett, Davis, Edmunds, Ferry, Fowler, J/amiiton of ^laryland, Ham- lin, Harlan. Howe, Kellogg. McOeery, Morrill of Maine, Morrill of Vermont, Patterson. Pomeroy, Pool, Pratt, Robertson, Sau'sbury, Sawyer, Schurz, Scott, Sherman, Stockton, Thurman, Tipton, arner, Willey — ."id. Nii/,!/,!?awyei, Schurz, RESTORATION OF GEORGIA. 613 Scott, Sherman, Stockton, Thurnan, Tipton, Trumbull, Warner, Willey— 39. 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, nays 23, as follow: Yeas— Messrs. Abbott, Ames, Anthony, Brownlow, BucUint^ham Carpenter, Casserly, Cole, Corbett, Cragin, jDidK.s Drake, Edmunds, Ferry, Fowler, Hamilton of Maryland, Hamlin, Harlan, Howe, Kellogg, Mr.Creery, Morrill of Maine, Monill of Vermont. Patterson, Potu- eroy, Pool, Pratt, Hobertson, .v<(u/s6(ir.y. .Sawyer, Schurz, Scott, Sherman, S!ochloii, Tipton, Trumbull, Warner, Willey-3S. Nays — Messrs. Boreman, Chandler, Fenton, Flana- gan, Hamilton of Texas, Harris, Howard, Howell, Mc- Donald, Morton, Nye, Osborn, Hamsey, Revels, Rice, Ross, Spencer, Stewart, Sumner, Thayer, Williams, Wilson, Vates— 2.5. Mr. Drake moved to add the following section : Sec. — . That whenever it shall ai)pear to the President, from an ap[ilication 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- nations of men engaged in tlie 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 organizations 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 such acts of vio- lence or obstruction and the subjugation and dis- jiersion of such organizations and combinations : and the officer commanding such troops, upon arriving in such county or district, shall declare martial law over the same, with suspension of the writ of habeas corpus, if such declaration and sus- pension be authorized by the President, and in that case shall take all measures known 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 cases 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 for the purpose aforesaid. And this section shall apply to any case where the President may have heretofore sent a military force into any State, upon the request of the legislature or governor tliereof, for the suppression 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 used for this service, he shall call out and organize a sufficient number of the militia of States which iiave not at any time been in armed hostility to the United States to accomplish such suppression; and the provisions of this sect-ion shall apply to the militia so called out and organized. Air. 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, C'asspr(v, Cole, Cragin. /)ayM', Edmunds, Ferry, Fowler, Ilamiiion o\ Maryland. Hamlin, Harlan. Howe, Howell. Morrill of Maine. "Morrill of Vermont, Pomeroy, Pratt, Robertson, Saulshury, Sawyer, Schurz, Scott, Sherman, Stewart, ISiockton, Thurman, Tipton, Trum- bull, Willey— 32 Nats — Messrs. Abbott, Ames, Brownlow, Chandler, Corbett, Drake, Flanagan, Hamilton of Te.xas, Harris, Howard, McDonald, Nye. Osborn, Pool, Ramsey, Revels, Rice, Ross, 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: Sec. — . 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 municipal organization in such State, tha': cannot be suppressed by the local authorities, it shall be the duty of tlie President to suppress such domestic violence; and for that purpose he is hereby authorized to suspend the privilege oi the writ of habeas corpus within the limits oi such municipalit3^ and to employ the militar}' force of the 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 ana articles of war be exercised or inflicted in caso of insurrection or invasion. Which was disagreed to — yeas 30, nays 31, a-i follow : Yeas — Messrs. Abbott, Ames, Brownlow, Chandler, Cragin, Drake, Fenton, Flanagan, Hamilton of Texas, Harris, Howard, Kellogg, McDonald, Morton, Nye, Os- born, Pool, Pratt, Ramsey, Revels, Rice, Robertson, Sherman, Spencer, Stewart, Sumner, Thayer, Warner, Wilson, Yates— 30. Nays — Messrs. Anthony, Boreman, Buckingham, Carpenter, Casserl//, Cole, Corbett, Davis, Edmunds, Ferry, Fowler, Ilamilton of Maryland, Hamlin, Harlan, Howe, Howell, McCreery, Morrill of Maine, Morrill of Vermont, Pomeroy, Ross, Saulsbury, Sawyer, Schurz, Scott, Stockton, Thurman, Tipton, Truinbull, Willey, Williams— 31. The same section was again proposed, modified at the suggestion of Mr. Sherman, as follows: Sec. — . 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 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 agreed to — yeas 32, nays 26, as follow : Yeas— Messrs. Abbott, Ames, Chandler, Drake, Fen- ton, Flanagan, Hamilton of Texas, Hamlin, Harlan, Harris, Howard, McDonald, Morton, Nye, Osborn, Pat- terson, Pool, Pratt, Ramsey, Revels, Rice, Robertson, Scott, Sherman, Spencer. "Stewart, Sumner, Thayer, Warner, Williams, Wilson. Yates — 32. Nays — Messrs. Anthony, Boreman, Buckingham, Car- 614 POLITICAL MANUAL. penter, Cnsserh/, Cole, Corbett, Davis, Edmunds, Ferry, Fowler, Hamilton of Maryland, Howo, Howell, Mc- Creei-y. Blorrill of ]Maine, Morrill of Vermont, Ponieroy, Ross, Saulsbury, Sawyer, Stockton, Thurman, Tipton, Trumbull, Willey— JO. Mr. Pomeroy 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, as 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 tliis section shall not be construed to suspend the writ of habeas corpus." Which was disagreed to — yeas 29, nays 30, as follow : Yeas— Messrs. .Anthony, Buokingham, Carpenter, Cas- ierly. Cole, Davis, Kdnnmd.s, Ferry, Fowler, Hamilton of Maryland, Hamlin, Howe, Howell, HcCreery, Morrill of Maine. Morrill of Vermont, Patterson, Pomeroy, Ross, Saulsbury, Sawyer, Sehurz, Scott, Stockton, Tlmrman, Tipton, Trumbull, Willey, \Villiams— 29 Nays — 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 the act entitled "An act making appropriations for the support of the army for the year ending June 30, 18G8, 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, Buckingham, Carpenter, Chandler, Cole, Corltett, Drake, Edmunds, Fenton, Ferry, Flanagan, Hamilton of Texas, Harris, Howard, Howell, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Nye, O.-sborn, Patterson, Ponieroy, Pool, Pratt, Ramsey, Revels, Rico, Robertson, Ros.s, Schurz, Scott, Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, Uarner, Willey, Williams, Wilson, Yates— 48. Nays — Messrs. Casserly, Fowler, IlamilloH of Maryland, Uamlin,Howe, SlcCreerij, Saulsburi/, Sawy or, Stockton — 9. The bill then passed — yeas 27, nays 25, as follow : Yeas- Messrs. Ames, Anthony. IJuckingliam, Car- penter, Cole, Corbett, Cragin, Edmunds, Ferry, Ham- lin, Howe, Kellogg, Morrill of .Maine, Morrill of Ver- mont, Patterson, Pomeroy, Pool, Pratt, Robertson, Ross, Sawyer, Schurz, Seott, Sherman, Tipton, Warner, Willey-27. Nays — Messrs. Boreman, Chandler, Drake, Fenton, Flanagan, Fowler, Hamilton of Texas, Ilarris, Howard, Ilowcjl. McDonald, Morton, Nye, Osborn, Ram.sey, Revels, Kice, Spencer, Stewart, Sumner, Thayer, Trum- bull. Williams, Wilson, Yates — 25. 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, (fee, 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 acts of Congress of March 2, 18G7, and March 23, 1867, and of July 19, 1SG7, until the admission of said State, by law, to representation in Congress ; and for this purpose the State of Georgia shall constitute tiie third milatary 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 election 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 of December, 1870, and organize preparatory to the admission of the State to representation in Congress; and the powers and functions of the members of the existing gen- eral assembly sliall 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 anj- city, county, or municipal organization in sncli 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 he is Iiere- 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 Reconstruction, 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 tliis act shall be construed to deprive the people of Georgia of the right to elect mem- bers of the general assemldy of said State in the year 1870, as provided in the constitution of said State; and also the following additional section: Sec. 2. That so mucli of the act entitled "An act making appropriations for the supf)ort of the army for the year ending June 30, 1868, and for otlier pur[)Oses," approved JMarch 2, 1867, asjiro- liibits the organization, arming, or calling into service of the militia forces in the States of Geor- gia, ]\Iississippi, Texas, and Virginia, be, and the same is hereoy, repealed. Mr. Dawes moved to amend by substituting for tlie Senate amendment as follows: Sec. 1. That the State of Georgia, having com- plied with the reconstruction acts, and the XI Vtli and XVth amendments to the Constitution of the United States having been ratified in good EESTORATION OF GEORGIA. 615 faith by a legal legislature of said State, it is herel)y declared that the State of Georgia is enti- tled ■ to representation in the Congress of the United States. 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, 18G8, 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. 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 of said State. Mr. Dickey moved to amend Mr. Farnsworth's amendment by striking out the words "in the year 1870;" which was agreed to — yeas 122, nays 71, as follow: Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Ar- nell, Asper, Atwood, Bailey, Banks, Barry, Benjamin, Bennett, Benton, Boles, Boyd, George M. Brooks, Buck, Buckley, ButRnton, Burchard, Burdett, Benjamin F Butler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Cohurn, Conger, Cook, Covode, Ciillom, Davis, Dawes, Degencr, Dixon, Donley, Dyer, Ela, Ferriss, Ferry, Fisher, Fitch, Gil- fillan, Hale, Hamilton, Harris, Hay, Hays, Heflin,Hi!l, Hoar, Hooper, Ingersoll, Alexander H.. Jones, Judd, Ju- lian, Kelley, Kels'ey, Ketcham, Knapp, Lash, Lawrence, Logan, Loughridge, Maynard, McCrary, McKee, Wil- liam Moore, Morphis, DanielJ.Morrell, Myers, Negley, Newsham, O'Neill, Packard, Packer, Paine, Palmer, Peek, Perce, Peters, Phelps, Piatt, Poland, Pomeroy, Porter, Prosser, Roots, Sanford, Sargent, Sawyer, Seo- field. Shanks, Lionel A. Sheldon, Porter Sheldon, Wil- liam J. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strong, Taffo, Taylor, Tillman, Twichell, Tyner, Van Horn, VanWyck, Wal- lace, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler. Whitmore, Wilkinson, Williams, John T. Wilson— 122. Nats — Messrs. Adams. Archer, Axtell, Beaman, Beatty, Seek, Biggs, Bingham, Bird, Blair, James Brooks, Burr, Calkin, Cleveland, Conner, Cox, Crebs, Dickinson, Doek- ery, Dox. Eldridge. Farnsworth, Finkeluburg, Garfield, Getz, Griswold, Haight, JIaldeman, Hambleton, H.awkins, Holman^ Jenckes, Johnson, Tlwmas L. Jones, Kellogg, Knott, Laflin, Lewis, Marshall, Matiham, McCormick, Me- Kenzie, McXeeli/, .Jesse H. Moore, Morgan, Morrissey, Mungen, Niblack, Orth, Potter, Reeves, Rice, Kogers, Schu- maker, Sherrod, Shober. Slocum. John A. Smiih, Joseph S. Smith, Stiles, Stone, Sweeney, Trimble, Upson, VanAu- 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. ^dams. Allison, Ambler, ^rc/ier, Axtell, Beaman. Beatty, jBecA:. Benjamin, Bingham, Bird, hlair, Booker, James Brooks, Burchard, iJiirr, Calkin, Cleveland, Conner, Cook. Crebs, CaWnm, Dickinson, Dockery, Z)ox, Eldridge, Farnsworth. Ferris, Fei-ry, Finkelnburg, Fitch, Garfield, Getz, Griswold, IJaight. Haldeman, Hale, Hambleton, Hawkins, Hay, i/o/man, Ingersall, Jenckes, Johnson, Thomas L. Jones, Judd, Kellogg, Ketcham, Knott, ha^in, Lewis, Ijogan, Marshall, Mai/harn.McOirmick, McKenzie, McNcely, Jesse H. Moore, Morgan, I3aniel J. Morrell, Morrissey, Mungen, Ifiblack, (Jrth, Packard, Paine. I'eters, Poland, Potter, Reeves, Rice, Rogers. Sar- gent, Schumaker, Sherrod, Shober, Slocum, J chn A . Bmith., Joseph S. Smith, Starkweather, Stib's. Stone. Strong, iSwcenei/, Taffe, Trimble, Tyner, Upson, VanAuken, Van Trump. Cadwalder C.Washburn, WiTlinm B. Washburn, Wells, Williams, Eugene M. Wilson.Wimins, Wood. Wood- ward — 98. Nays— Messrs. Ames, Armstrong, Arnell, Asper, At- wood.Bailey.Barry.Bennett. Benton, Holes, G. M.Brooks, Buck, Buckley, Buffinton, Burdett. Benjamin F. Butler, Cessna, Chuixhill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Cobnrn, Conger, Covode, Davis, Dr wes, Degenor, Dixon, Donley, Dyer, I^la, Fish- er, Gilfiiian, Hamilton, Harris, Hays, Ileflin, Hill. Hoar Hooper, Alexander IL Jones, Julian, Kelley, ICelsey linapp, Lash, Lawrence, Loughridge, Maynard, Mc- Crary, McKeo, William Moore, Morphis, Riyers, Neg- ley, Newsham, O'Neill, Palmer, Peck, I'ercc, Phelps, Piatt, Pomerov. Porter. Prosser, Sanford. Sawver, Sco- ficld, Shanks,"Porter Sheldon, William J Sm"ith, Wil- liam Smyth, Stevens, Stevenson, Stokes, Stoughton, Strickland, Taylor, Tillman, Twichell, Van Horn, Van Wyek, Wallace. Ward, Welker, Wheeler, Whitmore, Wilkinson, John T. Wilson— 90. Mr. Lawrence moved to amend Mr. Dawes's substitute further by adding as follows ; Sec. — . That the State of Georgia is admitted to represent'ation in Congress as one of the States of the Union, upon the following fundamental conditions; 1st, that it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are required of all other citizens; 2d, that the con- stitution 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 — ^j'eas 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 reconstruction acts, and the XlVth and XVth articles of amendments to the Constitution of the United States having been ratified in good faith by a legal legislature of said State, it is hereby declared that the State of Georgia is entitled to representation in the Congress of the United States. But nothing in this act contained shall be construed to deprive the people of Georgia of the right to an election for members of the gene- ral assembly of said State as provided for in the constitution thereof. 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, 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: Yeas — Messrs. Abbott, Bayard, Buckingham, Car- penter, Casserly, Cole, Conkling, Corbett, Cragin, Fow- ler, Hamilton of Maryland, Hamlin, Harlan, Harris, Howe, Johnston, Kellogg, McCrecrry, Morrill of Vermont, Patterson, Pomeroy, Pratt, Ross. Saulsbury. Sawyer, Scliurz, Scott. Sprague, S'nckion, Thurman,Tramhu\l, Warner, Willey, Wilson — 34. Nats — Messrs. Ames, Boreman, Cameron, Chandler, Drake, Gilbert, Hamilton of Texas, Howard, Howell, Jjevvis, Morton, Nye, Pool. Ramsey, Rice, Robertson, Spencer, Stewart, Sumner, Thayer, Williams, Yates — '22. Mefsrs. Howard, Hamlin, and Thurman were appointed sucli 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 Message on European war and Ame- rican shipping. To the Senate and House of Representatives: 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 expenditures, 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 sound policy 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 countrv. An act to this effect may bo limited in its duration to meet the immediate exigency. The foreign mail service of the United States is in a large degree dependent up-on 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 Williams 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 first-class in point of speed and equipment, their steamers usually making 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 proprietj^ of further postponing the time for adjournment, with the view of considering the questions herein commu- nicated. U. S. Grant. Washington, D. C, July 15, 1870. This message was sent to Congress too late for insertion in the chapter of President Grant's messages. AN ACT to amend the naturalization laws and to punish crimes against the same- Be it cnaefed, Ae , That in all cases where any oath, affirmation, or afiidavit 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 any 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 j'ear, and to a Ime not exceeding $1,000. Sec. 2. That if any person applying to be ad- mitted a citizen, 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, fcra;e, or counterfeit any oath, affirmation, notice, atfidavit, 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 vote, 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 use, any such order or certificate, issued to or in the name of any other person, or in a ficti- tions 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 the same to have been procured by fraud, or otherwise un- 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 use 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 who has been or may be admitted to be a citizen shall, on oath or affirmation or by affidavit, knowingly deny that he has been BO 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 one year nor more than five years, or be fined in a sum not less than $300 nor more than $1,000, or both such punishments may be imposed, in the discretion of the court. And every person who ehall 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 granted by any court, or which shall hereafter be '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 offi- cer 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 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 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 places fixed for the registration of voters, who Deing 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 ofiered, 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 tlie num- ber of votes cast, and statement touching the truth or fairness thereof wliich they or he may ask to attach ; and any one who shall prevent 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 the 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 j)unished by impris- onment not less than one year. Sec. 6. That in any city having upAvard 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 deputies are hereby authorized to preserve order at such elections, and to arrest for any of- fense or breach of the peace committed in their view. Sec. 7. That the naturalization 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 substantially from the report of the Committee on Alleged New York Election Frauds, 3d sess. 40th Cong., report 31, which treated of these questions.] Final Votes. In Senate, July 4, 1870. Yeas — Messrs. Anthony, Chandler, Conkling, Cor- bett, Cragin, Drake, Edmunds, Fenton, Gilbert, Ham- lin, Harlan, McDonald, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Ramsey, Rice, Rob- ertson, Sawyer, Scott, Spencer, Stewart, Sumner, Thay- er, Tipton. Trumbull, Warner, Willey, Williams, Wil- son — 33. Nays — Messrs. Bayard, Boreman, HamUton of Mary- land, McCreery, S'-iulsbury, Stockton, Thunnan, Vickers—S, In House, June 11, 1870. Yeas — Messrs. Allison, Amliler, Ames, Armstrong, Asper, Atwood, Ayer, Bailey, Banks, Beatty, Benjamin, Benton, Bingham, Blair, Boles, Boyd, George M. Brooks, Buck. Buckley, Buffinton, Burchard, Burdett, Benja- min F. Butler, Roderick R. Butler, Cake, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Coburn, Conger, Cook, Covode, Cowles, Cullom, Darrall, Davis, Dawes, Degener, Dickey, i»onley, Duval, Ela, Farns- worth, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Garfield, Gilfillan, Hamilton, Harris, Hawley, Heflin, Hill, Hoar, Hooper, Ingersoli, Jenckes, .Judd, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Lo- gan, Loughridge, Maynard, McCarthy, McGrew, Mc- Kenzie, Mercur, Jesse H. Moore, William Moore, Mor- phis, Daniel J. Morrell, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peck, Peters. Phelps, Piatt, Poland, Porter, Prosser, Roots, Sargent, Sawyer, Schenck, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevens, Steven- son, Stokes, Stoughton, Strickland, Taffe, Tanner, Tay- 618 POLITICAL MANUAL. lor. Tillman. Townsend, TwichcU, Tyner, Upson, Van Horn, Van WycU, Wani, Cadwaliider C Wasliburn, \\i\- liani ii. Washhurn, Welker, Wheeler, VVhitniuie, Wilk- inson, Willard, W illiani;*, Jolin T. Wilson, Witclicr — lu2. Navs — Messr.s. Axtcll, Barnuni, liccl'. Dennett, Bigys, Bird, Banker, James Broohs, Burr, t'aVciii, Conner, Vox, Crel'S, DicUnson. Fox, Getz, Ormcold, Haight, nay, linl- man. Johnson, Thomas L. Jones, Kerr. Knott. Lewis, Mar- shall, Maiihain, Mc( 'orinick. Mc^'eely, Milncs, Monjun, Mun- (/en, ^'tblach, I'ntler, RaintaU, Hints, Hire, Hn'jtrs, Hchtt- maker, SherroJ, Slocum,Joseph S. ISmiHi, .stilfs, Stoiie. i'lfonn, Sweeney, Trimble, Van Aukcn. Van 'J'rutnp, Eugene M. WiUon, Winchester, Wood, Woodward — 53. Previous Votes. 1870, June 13 — Mr. Davis introduced the bill, as finally passed, with the excejition of tlie last three sections, which, under a suspension of the rules, was passed — yeas 13^3, nays 47, as follow: Yeas — Messr.? Allison, Ambler. Ames, Armstrong, Arnell. Asper, Atwood. Bailey, Hanks, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Banker, Bowt-n, lioyd. George M. Brooks, Bufk, Buck- ley. Buttinton. Bufehard, liurdett, Benjamin P. Butler. Roderick R. Bntler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cullom, Davis, Dawes. Dickey, Dixon, Doekery, Donley, Dnval, Ela. Farnsworth, Fer- riss. Ferry, Fiiiki-lnburg, Fisher, Fitch, (iarfield, Gil- fillan. Hale, Hamilton, "Harris, Hawley, Hay, Ileflin, Hill, Hoar, Hooper, Hotchkiss, IngersoU. Alexander H, Jones, Thomas L. Jones, Judd, Jiilian, Kelley, Kel- logg, Kelsey, Ketcham, Knapp, Laflin, Lash, Law- rence, Lr.gan. Maynard, McCarthy, JlcCrary. McGrcw, JIcKce, Mcrciir. Eliakim II. l^Ioore, Jesse IL :\Ioore, Williani Jlnore, Daniel J. Morrell. .Samuel P.Morrill, Myers. Newsham. O'Neill, Orth, Packard, Paine, Palm- er, Peck. Perce, Plieips, Piatt, Poland. Pomeroy, Porter, Moots. SantVird, Sargent, Sawyer, Lionel A. Sheldon, John .\. Smith, William Smyth, Stevenson, Stokes, Stoughton, Strickland, Tatr'e. Tanner, Tillman, Twich- ell, Tyner, L'pson, Van Horn, Ward. Cadwalader C. Washburn, William 1!. Washburn, Wheeler, Whitmore, Wilkinson, Willard. Winans, Witcher— 130, Nays — Messrs Ad^ims, Axtell, Be k,J"mes Brooks. Burr, Calkin. Conner. Cox. Creljs, Dos, Eldridije, Fox. Gctz, Gib- son. Griswold, Hamill, llolinan, Jolinson, Kerr, Knott, Lewis, Marshall, Maylinm, McCnrmick, McXeeJij, Milnfs, Morgan, Mungen, Niblack, Randall, Beeves, Rice, Ridgwy, Sherrod, Shober, Jusepli S. Smith. Slrader, Swann. Siceeney, Trimble, Van Auken. Van Trump, Wells, Eugene M. Wilson, Win/- Chester, Wood, Woodward — it. 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 jurisdiction over naturalization should be in the United 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 reg:.slra- 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 certificate.^ 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 Bection. Sec. — . That all acts of Congress relating to naturalization bo, and the same are hereby, amended by striking out the word "white" wherever it occurs, so tliat in naturalization 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, i\j cl )onald, Morrill of Vermont, I'omeroy, Pratt. Riimsey, Uevel.>^, Uiee, Robertson, Ross, Sawyer, Schurz, Scoii, Sprague, Sumner, Trum- bull-22. Nats — Messrs. Bai/ard, Boreman, Cusxerl//, Corbett, Cragin, Dncis. Drake, Ldmuiids, Gilliert, Harlan, Howe, Howell, Jo/nislon, MciYeery, Morton, Stewart, Stockton, Tiuirman, 'i'ipton, Vichers, Warner, Williams, Wilson — 23. The substitute of the committee was then dis" agreed to — yeas 17, nays 33, us follow: Yeas — Messrs. Anthony, Carpeuler. Conkling, Cragin, v Edmunds, Fenton, Hamlin, Morrill of Vermont. Pat- terson. Pomeroy, Ilice, Sawyer, Scott, Stewart, Sum- ner, Trumbull, VVilson 1". N\T.s — Wessr.s. £<7//a/c7, foreman, Casserly, Chandler, Corbett, />'n'is, Drake, Gilbert, Harlan, Harris, Howe, Howell, Johnston, Kellogg, Lewis, ilfc''rcc)-i^, McDonald, Morton. Pratt, Ramsey, Revels, Robertson, Ross, Shurz. Sprague, Stockton, Thayer, TliurmMn, Tipton, Vickers, Warner, Willey, Williams— 33. The question then recurring on the House bill, the Senate bem" 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: Sec. — . That in any city having upward of twenty thousand inhabitants itshall be theduty 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 maj' 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 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 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 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 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 wlio .shall hinder or molest any such por.son 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. Sec. — ■ That in any city having upward of twenty thousand inhabitants, it shall bo lawful for the marshal of the United States for the dis- MISCELLANEOUS. 619 trict wherein said city shall be to appoint as many special deputies as may bo 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 oS'ense or breach of the peace committed in their view. Which was agreed to — yeas 37, nays 9, as follow : Yeas — Messrs. Anthony, Carpenter, Chandler, Conk- ling, Corbett, Cragin. Drake. Edmunds. Fenton, Gil- bert, Ilamlin. Harris. Howe, Howell, Kellogg, Lewis, McDonald. Morrill of Vermont, Morton, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Scott. Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner. Willoy, Williams, Wilson — 37. Nays — Messrs. Bayard. Eoreman, Casserly, Davis, Johnston, ilcCreery. Stockton, 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 : Yeas — Messrs. Anthony, Carpenter, Conljling. Fen- ton, Fowler, Gilbert, Hamlin, Harris, Howe. Kellogg, Lewis. McDonald. Morrill of Vermont, Patterson, Pomeroy, Pratt, Ramsey, Rice Robertson. Ross. Saw- yer, Schurz, Scott, Sprague. Sumner, Thayer, Trum- bull— 27. N.\TS — Messrs. Bayard, Coreman, Casscrly, Corbett. Cragin. Davis, Drake, Edmunds, Harlan. Howell, John- ston, McCreery, Morton. Stewart, Stocktrm. Thurman, Tipton, Vickers, 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. Ilamlin 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, Ba'/ard, Boreman, Chandler, Conk- ling, Corbett, Cragin, Dovis Drake, Edmunds, Hamil- ton of Blaryland, Ilamlin. Harlan, McCreery, Morton, Nye, Ramsey, .saulsbury, Scott, Stewart, S:ncktnji, Thur- man, Tipton, Vicktrs, Warner, Willey, Williams, Wil- son — 'SI. Nays— Messrs. Ilrownlow, Fenton, Harris, Kellogg, McDonald, .^Jo^■rill 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 ai)plicant 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: Yea.s— Blossrs. Fenton, Fowler, Harris, Howe, Mc- Donald, Morrill of Vermont, Pomeroy, Rice, Robertson, Ross, Spencer, Spr.ague, Sumner, Trumbull — 14. Nays — Jlessrs. y,.'ayi'rc/. Boreman, Chandler. Conkling, Corbett. (Jnigin. Davis. Drake. Edmunds, Gilbert, Ilavi- iWvi of Blarylaml, Hamlin, Harlan, McCreery, ^lorton, Nye. O^il)orn. Ramsey. &(«7s6u)7/, Scott. Stewart. iS^oc/c- inii. 'Jhaver. Thnnnun, Tipton, Vickers, Warner, Willev, William'^ \v it-^oii— OJ. Mr. Warner moved to add the following sec- tion: Sec. — . 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, Rice, Rob- ertson, Ross, Scott, Spencer, Sprague, Sumner, Thayer, Tipton, Trumbull, Warner, Willey— 21. Nay,s — Messrs. L'ayard, Boreman, Conkling, Corbett, Cragin, D'lvis, Edmunds Ifamiltmi of Maryland, Ham lin. Howe . JJcCreery, Nye, IXamsey, SavlsOtiry. Stow&rt, 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 : Ye.i.s — Messrs. Chandler, Drake, Fenton. Harlan, Mc- Donald, Morrill of Vermont, Morton, Osborn, Pomeroy, Rice, Robertson, Scott, Spencer, Sprague, Sumner, Tliayer, Tipton, Trumbull. Warner, Willey— 20. Nays — Messrs. iianard, IJoreman, Corbett, Cragin, Ed- munds, Hamilton of Maryland, Howe. McCreery. Nye, Ramsej', Satilslniry. Stewart. Stacklon, Thurman, 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 follow : Yf.as— Messrs. Fonton, Fowler, Howe, McDonald, Morrill ofVeimont, Osborn, Pomeroy, Rice, Robert- son, Sprague, Sumner, T'-umbuU — 12. Nays — Messrs. Bnvard, Boreman, Chindler, Conk- ling, Corbett. Cragin, Drake. Hamilton of Maryland, Hamlin, Hailan, McCrcerji, Morton, Nye, Ramsey, Sauhhurij, Scott, Stewart, Stockton, Thayer, Thurman, Tipton, Vickers, Warner, Willey, Williams, Wilson — 20. 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, Rico, Robertson, Sprague, Sumner, Trumbull— 0. Nats — Messrs. Bayard. Boreman, Chandler, Conk- ling, Corbett, Cragin, Drake, Gilbert, Hamilton of Ma- ryland, Hamlin, Harlan, Howe, McCreery, Morrill of Vermont, Morton, Nye, Osborn, Ramsey, Saulsbury Sawyer, Scott, Stewart, Stockton. Thayer. Thurman Tipton, Vickers, Warner, Willey, Williams, Wilson — 32' The bill as amended was then passed, and the Senate amendments were agreed to as above. The Cuban Question. Is House of Kepkesentatives. 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. Resolved, &c.. That the President of the United States be, and hereby is, authorized and 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 therein mentioned," shall be construed to apply equally to each of the parties in the ex- isting contest between the people of Cuba and the Government of Spain. Sec. 3. That the President is hereby author- ized and requested to remonstrate against the barbarous manner 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 maj-^ 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 tit 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 the forfeiture of Buch ship or vessel. Be it resolved, <£c.. 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 be concerned in the fitting out, arming, or equipping, of any ship 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 80 oflending 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 materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited, one- half to the use of the informer and the 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, armed, 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 laua or naval forces or the militia of the United States, or any jiart thereof, for the purpose of taking possession of and detaining any such ship or vessel. Sec. 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 States,' and to repeal the acts therein mentioned," shall be held to apply and be in force, as to all attempts of American colo- nies, or parts thereof, to assert their independence ; and the words "colonies, districts, or peoples" in Kuch act shall be held to apply to and include all sucn American colonists claiming independence, as described in the 1st section of this joint resolution. The previous question naving been ordered, it was by unanimous consent agreed that tlie fol- lowing day should be devoted to debate, and tho main question should be considered as having been ordered. On the following day— June 15 — 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 : Ye.\s — Messrs. Adams, Archer. Arncll, Axtcll, Bailey, Banks, Beatty, IkcU, Bird. Booker, Bowen, Boyd, James Brooks. Burr, Calkin, Sidnoy Clarke, Cleveland, Clinton L. Cobb, Conner, Cox, Crebs, Dej^ener, Vox, Eldridge, Ferriss, Fitch, Fox, GeU. Grisu-old. Ilaigid, Uamblelon, Hmiiill, Hamilton, Hawkins, Hay, JBnIman, Hotchlciss, Ingersoll, yo/(nso?i, Julian, Knott, ieitjs, Logan, Marshall, ilayham, McKenzie, McNetly, Milnes, Morphis, Morrissey, Muiigen, ISewsliam, Aiblaclc. Paino, Porter, Potter, lian- dall, Beeves. Bice, Roots, Sanford, Schumaker, Shanks, Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Stiles, Strader, Swann, Sweeney. 1 aylor, Trimble, Van Auken, Van Korn.Van Trump,\'a,n Wyck, Wells, Wilkinson, Winches- ter, Wood, Woodward — 82. Nays — Messrs. Allison, Ambler, Ames, Armstrong, Asper, Atwood, Beaman, Bennett, Benton, Bingham, Blair, George M. Brooks, Buckley, Buffluton, Bureh- ard, Burdett, Benjamin F. Butler, Koderick R. Butler, Cessna, Churchill, Amasa Cobb, Coburn, Cook, Conger, Dawes, Dickey, Dockery, Donley, Duval, Dyer, Ela, Farnsworth, Feriy, Finkelnburg, Fisher, "Garfield, Hale, Harris, Hawley, Hays, Heflin, Hoar, Hooper, Judd, Kelley, Kellogg, Kelsey, Keteham, Knapp, Laflin, Lawrence, Maynard, McCormick, MeCrary, Mc- Grew, McKee, Mercur, Eliakim H.Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Orth, Pack- ard, Packer, Palmer, Peek, Perce, Phelps, Piatt, Po- land, Pomeroy, Sawyer, Schenck.John A. Smith, Wil- liam Smyth, Starkweather, Stoughton, Strickland, Strong, Tatte, Tanner, Tillman, Twichell, Tyner, Up- son, Ward, Cad wakider C. WashVjurn, William B, Wash- burn, Welker. Wheeler, Willard, John T. Wilson, Wi- nans, Witcher — 94. The motion to reconsider was then agreed to — yeas 88, nays 70. June 16 — Mr, Logan moved to amend the 2d 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- tween the people of Cuba and the Government of Spain," and inserting in lieu thereof the fol- lowing : " Shall be so construed as to give to both contending parties the same advantages of inter- course and trade with the United States, consist- ent with the law of nations, which have been or may be accorded to the Government of Spain." Which was disagreed to — yeas 77, nays 101, as follow: Yeas — Messrs. Adams, Archer, Axtell, Ayer, Banks, Beatty, Beck, Bird, Booker, Boyd, James Brooks, Burr, Calkin, William T. Clark, Sidney Clarke, Cleveland, Clin- ton L. Cobb, Conner, Cox, Degener, Dickinson. Dox, Eld- ridge, Ferriss, Fitch, Fox, Get!, Gibson, Oriswold, Haight, Hambleton. Hamill, Ilamilton, Hay, Hnlman, Ingersoll, Johnson, Julian, Knott, Lash, Lewis, Logan, Marshall. Ma;/ham, McKemie, Mc^eely, Milnes, Morgan, Morphis, Morrissey, Munyen, Newshain, Niblack, Prosser, Randall, Reeves, Rice, Roots, Schumaker. Lionel A. Sheldon, Sher- rod, Slujber, Joseph S.Smith, Stiles, Stokes, Strader, Sioann, Sweeney, Van Horn, Van jTrwrn/), Ward, ircWs.Wiiitmore, Eugene M. Wilson, Winchester. Wood. Woodward — 77. Nats — Messrs. Allison, Ambler, Ames, Arnell. Asper, Atwood, Bailey, Beaman, Benjamin, Bennett, Benton, Bingham, Blair, George M. Brooks, Buckley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Koderick R. Butler, Cake, Cessna, Churchill, Amasa Cobb, Cook, Conger, Cowles, Dawes, Dickey, Dixon, Dockery, Don- ley, Duval, Dyer, Farnsworth, Ferry, Finkelnburg, Fisher, Garfield, Giliill.in, Hale, Harris, Hawkins, Hill, Hoar, Hooper, llntchkiss, Judd, Kelley, Kellogg, Kel- sey, Keteham, Kn:ipp, Lallin, Lawrence, Maynard, Mc- Carthy, McCrarv, IMi-Grew, Mercur, Eliakim \\. Moore, William Moore, Daniel J. Morrell, Negley, O'Neill, Orth, Packard, Packer, Paine, Perce, Phelps, Piatt, Poland, 1 MISCELLANEOUS. 621 Pomerov, Hogers, Sargent, Sawyer, Schenck, Scofield, Shanksj'oner Sheldon, John A. Smith, William Smyth, Starkweather, Stou.shton, Strickland, Strong. TafTe, Taylor, Townsend, Twiohell, Tyner, Upson. Cadwaln- der C. Washburn, W illiani B. Washburn, Welker, VVil- lard, John T. Wil.sm, Wloans, Witcher— 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 — yeas 101, nays 88, as follow: Yeas — Messrs. Allison, Ambler, Ames, Armstrong, Aspcr, Atwood, Beaman, Eenjamin, Benton, Bingham, George M. Brooks, Buckley, BufBnton, Burehard, Rod. eriek R.Butler, Cake, Cessna, Churchill, William T. Clark, Coburn, Cook, Conger, Covode, Cowlef , Dawes, DicUey, Dixon. Dockery, Donley. Duval. Dyer, Ela, Farnsworth, Ferry, Fisher, Garfield, Hale, Harris, Hawkins, Ileflin, Hill, Hoar, Hooper, ilotchkiss, Judd, Kelley, Kellogg, Kelsey. Ketcham, Knapp, Laflin, Law- rence, Maynanl. McCarthy, McCrary, McGrew, Mereur, Eliakim H. IMoore, Jesse H. Moore. William Moore, DanielJ.Morrell, Neglej', O'Neill, Orth, Packard. Pack- er, Palmer, Peroe, Phelps, Plait, Poland. Pomeroy, Rogers, Sargent. Sawyer, Schenck, Scofield, John A. Smith, William J.Smith, William Smvth, Starkweather, Stokes. Stoughton, Strickland. Strong, Tatte. Tanner, Tillman, Townsend. Twichell. Tyner, Upson, Ward, Cadwnlader C. Washburn. William B. Wasliburn, W^el- ker, Wheeler, Whitmore, Willard, John T. Wilson, Winans— lul. Nats — Messrs. Adams, Archer, Axtell, Bailey, Banks, Bany, Beatty, /;. H 1,823,494.67 1,311,956.65 9,5.33,805.03 8,030,532.06 1,539,559.85 585,217.92 1,224,105.23 5,062,634.77 2,691,011.98 768,181.58 14,514,170.55 7,154,420.58 907,600.02 8,649,550.51 436,955.16 5,115,316.03 21,774.55 2,956,369.32 336,914.47 480.00 104.244.65 296,937.05 292,087.98 7,952.28 13,829.51 10,947,374.25 4,504,559.50 3,353,800.97 8,826,407.67 3,263,724.81 11,735,645.69 11,924,781.24 8,83.5,790.22 9,308,870.87 21,710,248.78 4,547,120.38 6 889,226.79 15,549,079.62 5,212,089.70 7,7:2,162.88 4,257,993.47 4,572,264.99 4,293,584.99 2.781,590.77 6,763,122.00 5,088,733.00 5,376,331.00 3,716,755.93 5,112,035.00 4,050,350.00 3,068,231.00 3,480,281.00 220.00 1,920.93 332.73 1,181,129.30 6,581,305.40 4,749,259.07 6,519,798.37 4,162,330.61 11,377,943.78 17,349,167 32 1,978,081.41 8,694,316.80 101,403,599.00 34,732,032.05 51,737,739.25 42,482,271.85 67,081,496.10 40,944.792.46 41,377,123.96 70,704,558.00 48,820,427.29 90,890,000.90 62,788,654.00 86,887,316.76 68,855,890.00 52,135,828.80 59,164,787.80 44,154,240.00 369,529,600.00 The amount remaining on hand is subject to a reduction of 163,496,626.33 acres, granted by Congress to aid in the construction of railroad lines, and not yet selected and certified to them. 40 625 POLITICAL MANUAL. 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"o «co c c egg; fl c o o ./7 2 =^ «S5 Eh 1c3q)C3(-*wOC'^3 ' O bl!- 00 O 00 00 r-l Zi 3 a X; .00 00 JSrH I © CO CO c> -::; -;s ^ C' o c-i -^o 00 CO 3 10 Ci (MO) iC f-< CD p-l CO O Cs Ci 10 -:H O Ci c; r-^iO ^ IC -f^ ca CC" CD r-T •^ lO t- t- O Xi rHCO 't-'^l— ^-^ a ^5 "a ; Ul "3 a 6 . a 1^ SS i- « tiS fe to 1-1 00 S 22 o 2 00 S r-l >> >>" „r rH - STATISTICAL TABLES. 629 H < H 09 n pi) H IH P M H O H n H Q o H c o o o ft^ ^ a a a V (o •« O o '(7' ^ ^ S J; o QJ to o •r a a « o "= a) _ ft fe « cS a c-2 .a c3 o .S'S ^ -C tes d-TI & sacLio ft ft •*00 •>« Jr-1^ IM «x C£ »o o a> IN o CO t- CO ^-. g CO CO 1 1 1 s i 5" i-i ^* i 0- I— c s-S of c &» o» rt^-, e! /' o (§**- 2« t; (M 00 t- (N o 00 o o 'Srt d t- O OQ o § 1 00 o s t 1 CO i" 2- CO rH cT ^i3<« «» c ts® >-<-= •a lO m C5 CO CO C£ ^ a|„. 00 o (N . C3 P. r-l "-I r-l >-< r-l >> ^ t» •-' >. ■-! >. "-< >> -H > > "-5 CO 0) >. s >. S >. c4 >> § >. S >. -2 a 1— ( "3 1-5 i^ S 3 2 "3 I 3 1-5 •-5 >-» >-» l-» 1-5 ^ o s g s s s s o o O o o o o tH u Ut Ut a . >> W >. >, > o o o o o o M CO CO CO CO CO O 2, o (0 o © a o 1 ^ -a 3 o3 3 ® II 11 2 C3 03 © > -a % ^ (14 Oh Fk fe (S -i 8 8 8 8 8 8 o ^ o o o Q ^ o o a o o « s cJ o o « "S-S lO 00 i-T ^ c 3 O OJ o O C9 s ^ o to co_ CO 3- a ■*- CO < a 3~ ^ ^ *5 ^ ■d a a 3 a 3 a 'C^ © t> © u »4 ki u, u u s. s 0) (U a> _ g 1q g g go" ^ o o -a -a 3 c d "o « n fQ n W n >f >. _£% >. >. >, *n 3 3 3 3 3 •a §^ •-s •-S •-5 •-3 ■-s •^ 13 ■a •o •a rs •d a a s a CS s a 03 § OQ OO ef of ef <^f ef (^l i H)l a cS £-t o i-c :^ CO :-l S.^ CO S IH 00 iH OO f-< 00 rH 00 r- a Cs >» 1 >» '1 >« 1 >> 'I >i •H < 3 ef 3 ^ 3 « 3 ^ 3 »f S ef •-» ►^ i-» •-> •^ •% 1 !=>■■§ ©a © . ■SPq INDEX. Abbott, John C, Senator in 40th Congress, 383; in 41st, 407. 507; motion on currency bill, 588. Adams, Geoequ M., Representative in 40th Congress, 348, 384: in 41st, 408,508. ADMiS3ib>.',of Tennessee, 152; of Arkansas, 337; of North Carolina. South Carolina, Louisiana, Alabama, and Florida, 3:37, 338 ; of Virginia, Mississippi, and Tex- as, r.7^-570; of Georgia, 337-341, 393. 009-015. AiKEx, William, claimant to seat iii 39th Congress, 108. Akerm.an, Amos T , Attorney General, note, 507- ALAB.tMA, reconstruction facts in. 12, 21, 34; resolutions of legislature. 22; laws on freedmen, 33, 34; vote of legislature of 180G on XlVth constitutional amend- ment, 194, 260; ratified XlVth amendment, 428; made part of third military district. 200; resolu- tion of grand council of Union league of, in 1867, 249, 250 ; orders and action of the military therein, 204-206, 319-321 ; abstract of new constitution of, 327 ; restoration to representation, 337,339, 340, 341 ; election returns in, 372; William H. Smith, gov- ernor, ordered to convene the legislature, 428; mil- itary rule withdrawn, 422,428; vote of legislature on XVth amendment, 557; claimants from, in 39th Congress, 107, 108; in 4(ith, 183, 348; Senators and Representatives in 40th Congress, 383, 384; in 41st, 407,508; apportionment of currency in, 596; appor- tionment of representation under census of 1860, 585; presidential vote in 1860, 372; in 1868, 499 ; reg- istration and disfranchisement in, and vote on con- stitutional conventions and on ratifying new con- stitution, 374. Alcor.n, James L., claimant to seat in 39th Congress, 107; elected Governor of Mississippi, 260. AtLET, John B., Representative in 30th Congress, 108. AtLisox, Abraham K., president of the rebel senate of Florida, call of, forelection, and General Gillmore's order annulling, 24. Alliso.n, William B., Representative in 39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 508; motions on public credit bill, 396, 413; motion on currency bill, 594. Ambler, Jacob A., Representative in 41st Congress, 408, 508. Amendments, bill to regulate mode of ratifying consti- tutional, 621. Amendments, Constitutional. FonRTEENTH — President Johnson's message and Secretary Seward's report upon, 83,84; votes adopting, 102; preliminary votes and propositions, 103-106; text of, 192,548; votes of legislatures upon, 194, 353; proposed substitute for, 258; ratification of, 379. Fifteenth — congres- sional proceedings on, 399-406; resolution as to ef- fect of, 415; votes of State legislatures on, 488,557- 562; ratifying votes, proclamation, bills enforcing, and votes thereon, 545-572. Proposed Sixteenth, 506; proposed religious, 506. Ames, Adelbert, Senator in 41st Congress, 507; appoint- ed military governor of Mississippi, 323 ; resolution concerning, 481. Ames, Oakes, Representative in 39th Congress, 108; in 40th, 182, 347, 383; in 41st, 407, 507. Amnestt, President Johnson's proclamations of, 9, 342, 344,419; Mr. Seward's accompanying circular, 10; resolutions of political conventions on, 249,365,367, 478,481,482; votes on resolution for general am- nesty, 582, 583. AscoNA, SiDENHAM E., Representative in 39th Congress, lOB,; iresolution oa Fenians, 113. Anderson, George W., Representative in 39th Congress, 108 ; in 40th, 183, 348, 384. Anthony, Henry B., Senator in 39th Congress, 107; in 40th, 182, 347, 383 ; in 41st, 407, 507. Anti-slavery or XIIIth Constitutional Amendment, announcement of ratification of. 6; action of in- surrectionary States on, 19-24; President John- son's telegrams respecting, 22, 23, 25 ; resolutions of politieal conventions on, 117, 123, 247, .303. Applegate, a. J., appointed Lieutenant Governor of Alabama, 428. Appointments to Office, President Johnson's order respecting, 7. Apportionment of Represent.ation under census of 1860, 125, 585; votes in 1870 to make a new, 583, 585. Archer, Stevenson, Representative in 40th Congress, 182, 348, 384; in 41st. 407, 508. Arkansas, President Johnson's telegram to Governor Murphy, 28 ; claimants in 39th Congress, K)7, 108, 183 ; vote of legislature of 1866 on XlVth amendment, 194; ratified XlVth amendment, .353; made part of fourth military district, 2(iO; Republican platform of 1867, 250, 251 ; orders and action of the military therein, 206, 321-323; new constitution of, 327; res- toration to representation, 337-339 : Senators and Representatives in 40th Congress, 347, 348, 384 ; in 41st, 407, 507 ; military rule withdrawn, 422, 428, 429 ; date of withdrawal of military rule, 428: vote on XVth amendment, 488; apportionment of cur- rency in, 590 ; apportionment of representation under census of 18G0, 585 ; Presidential vote, in 1860, 372; in 1868, 499; vote on calling constitu- tional convention and ratifying constitution, 374. Armstrong, William H., Representative in 41st Con- gress, 407, 508. Arnell, Samuel M., Representative in 39th Congress, 108, 182; in 40th, 348, 384; in 41st, 408. 508. Arnold, Samuel, President Johnson's order for the ex- ecution of sentence upon, 7. Articles of Impeachment against Andrew Johnson, an- swer of, and judgment of the Senate, 206-282. Ashburn, George W., order on assassination of, 320. Ashley, Delos R., Representative in 39th Congress, 108; in 40th, 182,348,384. Ashley, James M., Representative in 39th Crfhgress, 108; in 40th, 183, 348, 384; action on imjreachment of President Johnson, 187, 189. AsPEB, Joel F., Representative in 41st Congress, 408, 508. Assassins of Abraham Lincoln, President Johnson's orders for trial and punishment of, 7 ; withdrawal of reward for John H. Surratt and others, 198; re- fusal of writ of habeas corpus in case of, 260. Attorneys' Test-oath, votes in House on repealing, 111, 185; opinion of Supreme Court Upon, 220-239; orders of court on, note, 226, 228. Atwood, David, Representative in 41st Congress, note, 508. Atzerodt, G. a.. President Johnson's order for the execution of sentence upon, 7; order respecting reward for, 198; application for habeas corpus, 260. Axtell, Samuel B., Representative in 40th Congress, 348. 384 ; in 4Ist, 408, 508. Ayer, Richard S., Representative In 41st Congress, 508. Bailet, Alexander H., Representative in 40th Congress, note, 348, 383 ; in 41st, 407, 508. Baker, Jehu, Representative in 39th Congress, 108 ; in 40th, 183, 348, 384. 631 632 INDEX. Baker, Joshua, appointed governor of Louisiana, 325. Baldwin, .Iohn U., reply of President Jolinson to, SC-oS. Baldwin, JohnD., Representative in 39th Congress, 1C8; in 4uth, 182, :J4T, 383. Baltimore Tucubles of 18GG, General Grant's record upon, 297. 3(iu, SOCi. Banking and Cvureni'v, legislation on, 586-590; resolu- tions touching (.juestions of, 301, 392, 579, 580. Banking System, National, i-esolutions of political con- ventions on, 480, 483. Banks, tables showing taxation on. .373; right of the United States to tux State, 523-530 ; right of States • to tax national, 530. 5:;2; sundry propositions to re- strict as to circulation, rate of interest charged by, and interest on United States bonds held by, 589, 590.594; Mr. Morgan's proposition for repeal of all acts authorizing the issue of national bank notes, 593; amount received from tax on, 373, 0:^0. Banks, Nathaniel P., Kepresentative in 39tli Congress, lOS; in 4()th. 182, .347, 383; in 41st, 407,508; reports Cuban resolution. 019. Baeuoir, B. Johnson, claimant to seat as Representative in 39th Congress, 108. Barker, Abraham A., Representative in 39th Congress, 108. Barker, Jacob, claimant to seat as Representative in 39tii Congress, 108. Barnes, Demas, Representative in 40th Congress, 182, 347, 383. Baknum, William H., Representative ia40th Congress, 347, 383; in 41st, 407, note, 5oS. Babrt, Henry W., Representative in 41st Congress, 508. Battle, CvLLEN A., claimant to seat as Representative in 39tli Congress, 108. Baxter, Klisha, claimant to seat as Senator in 39th Con- gress. 107; in 40th. 183. Baxter, Portcs, Representative in 39th Congress, 108. Bayard, James A., Senator in 40th Congress, note, 347, 383; motions on XVth amendment,"402, 404; as to public credit bill, .390. Bayard. Tuomas P., Senator in 41st Congress, 407, 507 ; funding motion, 001; motion to tax bonds, 007. Beale, W. H. R., Grant's recommendation for pardon of, 301.305. Beaman, Fernando C, Representative in 39th Congress, 108; in 40th, 183, 348,384; in 41st, 408, 508; report on impeachment, 206. Be.\tty. John, Representative in 40th Congress, note, 348, 384; iu 41st, 408, .508. Beck, J.vmes B., Representative in 40th Congress, 348, 384 ; in 41st, 408, ,508 ; substitute for Mississippi bill, 577; for Texas bill, 579; motion to tax interest on bonds, 600. Belknap, Williajh W., Secretary of War, note, 507. Bell. James H., telegram to Secretary Seward and re- ply, 199. Benja-min, John F., Represent.itive in 39th Congress, los ; in 40th, 183, 348, 384; in 41St, 408, 508. Bennett, David S., Representative in 41st Congress, 407, 508. Benton, Jacob, Representative in 40th Congress, 182, 347, 383; in 41st, 407, 507. Beegen, Teunis G., Representative in 39th Congress. 108. BiDWELL, John, Representative in 39th Congress, 108. Biggs. Ben,iamin T., Representative in 41st Congress, 407,508. Bingham, John A., Representative in .39th Congress, 108; in 40th, 183, 318. 384; in 41st, 408, 508; report on im- munities of citizens, 105; joint resolution for the restoration of Tennessee, 105, 151, 1,52; amendment to resolution on President's policy. Ill; motion respecting the transfer, suspension, or removal of the general commanding the armies, 178; bill to validate certain proclamations and acts of the President, 185; report on impeachment, 200; on committee to prepare articles of impeachment, 200; manager of impeaohniont, 271; motions as to XVth amendment, 400, 4-55u. Colored Soldiers, President Johnson's address to, 49- 52; General Grant's letter on protecting. 295. CoLuniiD Suffrage, President Johnson's telegram to Provisional Governor Sharkey, 19,20; President Lincoln to (Tovernor Ilahn, nute, 20; President Johnson's allusions to, 24.49,52-55; proposed in District of Columbia, 114-lUi; in Territories, lin, 184; proposed in Connecticut and vote, 120; in District of Columbia, 114-116, 154-lOU: in insurrec- tionary States, 192; in various loyal States, 257, 258. 3,')3, ;i54; constitutional amendment to secure, 399-400, 545, 54ii; act to enforce, 546-550; resolu- tions of political conventions on, 123, 124, 244, 248, 249, 478, 479, 4So, 481, 482, 483, 4S4, 486. Colored Volunteers, bill to suspend paj'inent of bounty to former owners of, 186. CoM.MANDER-i.\-CniEF. of the amiy, headquarters perma- nently fixed, protest of President Johnson and vote upon, 178. Commerce, Grant's messages on American, 540, 541,616. CoMMEuciAL Intercourse, President Johnson's orders respecting, 7. 9, 13. CoNFEUEK.^TE MuNEY, on the Validity of contracts in, 509-511. Confiscated Lands, bill to restore to loyal owners, 187. CoNGEif. Umak L)., Kepresentative in 41st Congress, 40S, 508. CoNGEESS, members of the 39th, 107; of the 39th, 2d session, and 40th, 1st session, 181,182; 40th, 2d ses- sion, 347, 348; 40th, 3d session, 383,384; ofthe41st, 407, 507. Congress, resolution on duty of, to guarantee a repub- lican form of government, 112; President John- son's telegram to Provisional Governor Perry on organization of 39th, 24; members of 39th Con- gress, 107, 108, 181, 182; of 40th, 182,183, 347; of 4lst, 407, 507 : President Johnson's description of, "as a body hanging upon the verge of the Gov- ernment," 127; other allusions to, 128, 129, 135, 137, 138, 142. CoNKLiNG, RoscoE, Representative in S9th Congress, lOS; Senator in 40th, 182, 347, 383 ; in 41st, 407', 507 ; motion respecting Alabama, 341 ; motion on cur- rency bill, 588. 589; to strilie out income tax, 607, 608; reports naturalization bill substitute, 618. Connecticut, election of 1865 on colored suffrage and election of 1866,120; election of 1867, 269: party platforms in 1867, 243,244; election of 1^68.372; vote on XlVth amendment. 194; vote on XVth amendment, 488, 489; election of 1869, 500; Sena- tors and Representatives in 39th Congress, 107 ; in 40th, 182, 348.383; in 41st, 407, 507; apportionment of currency in, 696; apportionment of representa- tion under census of 1800, 585; Presidential vote of 1860 and 1864, 372; of 1868, 499. Conner, John C, Representative in 41st Congress, 508. CoNNEss, John, Senator in 39th Congress, 107; in 40th 182, 347, 383; motion as to XVth constitutional amendment, 401. Conrad, Robert Y., claimant to seat as Representative in 39th Congress, 108. Constitutional Amendment, text of XlVth, 102. and pro- ceedings respecting, 191, 194, 352, 353, 379, 380; XVth, Congressional proceedings upon, 399-406; text of, 545, 546, and proceedings respecting, 657, 562. Constitutional Amendments, bill to regulate mode of ratifying, 621. Constitution of Illinois, new, 621. Constitution of New York, proposed, 326. Constitution of tub United States, copy of, 1-6; XlVth amendment, 102; XVth amendment, 399; Mr. Sew- ard's certificate of ratification of the anti-slavery amendment. 6; President Johnson's message on proposed amendment to, 83; votes on propositions of amendment, 102-106; votes of legislatures on the XlVth amendment, 194, S.«; on the XVth, 488-498, 657-502; proposed substitute for XlVth, 2,58; rati- fication of XlVth amendment, 418; text of and vote on XVth amendment, 399-406; proposed XVIth amendment to, 500; proposed religiou.s amendment to, 606. Constitutions (new) of Maryland, Alabama, Arkan.sas, Florida, Louisiana, Georgia, North Carolina.South Carolina, Virginia, Mississippi, 326-336; Texas, 4.30- 432; proposed in New York, but not adopted, 3'26. CoNBTiTirnoNALiTy of Legal-tendeii Clause, as it relates to contracts made prior to its adoption, 611-523. Contracts in Confederate SIoney, on the validity of, 609-511. Contracts Praon to Adoption of Legal tender Clause, 51l-5'23. Contracts, express, to pay coin, 443-448. Conventions, call for National Union, at Philadelphia, 14th August, 1860, 118; resolutions of, 240,241; reso- lutions of Union National of 1864,117; of Demo- cratic National of 1S64, 118 ; of Pennsylvania Union and Democratic of 1866, 123; Maryland Union, 1866, 124; call for Southern Unionists', 124; resolu- tions of, 241 ; of Pittsburg soldiers and sailors', 242; of Cleveland soldiers and sailors', 243; other, of 1867, 243-257; resolutions of National, of 1852, 1856, 1860, and 1S64, 356-364; of 1868, 364-368; State platforms of 1S69: California. Republican and Democratic, 478; Iowa, Republican and Demo- cratic. 479: Mississippi. Republican and Conserv- ative Republican, 480^82; Ohio, Republican and Democratic, 4S2; Pennsylvania, Republican and Democratic, 484-486; Washington Territory, Re- publican and Democratic, 487: State platforms of 1870: Indiana, Republican and Democratic, 622- 624; Ohio, Democratic, 624. Cook, Burton C., Representative in 39th Congress, 108; in 40th. 183, 348,384; in 41st, 408, 508; bill to sus- pend payment of bounty to former owners of col- ored volunteers, 186. Cook, Philip, claimant to seat as Representative in 39th Congress, 108. Cooke, General P. St. G., to department of Cumberland, 425. Coolie Question, resolutions of political conventions on, 478, 479. Cooper, Edmund, telegram respecting peace proclama- tion, 17; representative in S9th Congress, 108, 182. Corbett, Henry W., Senator in 40th Congress, 182, 347, 3S3; in 41st, 407, 607 ; motion respecting Mr. Stan- ton's suspension, 263; motion on XVth constitu- tional amendment, 402; motion on funding bill, 600. CoRLEY, Simeon, Representative in 40th Congress, 34S, 384. Cornell, Thomas, Representative in 40th Congress, 182, 347, 383. County of Lane vs. The State of Oregon, opinion of the Supreme Court United States in case of, 440-443. Covode, John, Representative in 40th Congress, 182, 348, 384; in 41st, 508. Cowan, Edgar, call for National Union Convention, 119 ; Senator in 39th Congress, 107; proposition for fe- male suffrage, 184; resolutions upon, 1'23; resolu- tions reported by, in National Union Convention of ISfiO, 240, 241. CowLES, George W., Representative in 41st Congress, 407, 508. Cox, Jacob D., Secretary of the Interior, 407, 507. Cox, Samuel (=5., Representative in 41st Congress, note, 407; note, 608; general amnesty resolution, 582; mo- tion on income tax, 005. Ckagin, Aaron H.. Senator in .39th Congress, 107; in 4uth, 182, 347, 383; in 41st, 407. 507. Crandall, William H., vs. The State op Nevada, opin- ion of the Supreme Court United States, 43.3-4.37. Crebs. John M., Representative in 41st Congress, 408, 508. Credit, bill to strengthen public, 395, 397, ("pocketed " by President Johnson;) act, 412, 413, (approved by President Grant.) Ceeswell, John A. J., Senator id 39th Congress, 107; Postmaster General, 407, .'■)07- Crook, George, General, to department of the Colum- bia, 422. Cuba, Grant's message as to, 542, 544. Cuban Question, congressional proceedings on, 619. Cullom, Shelby M., Kepresentative in 39th Congress, 108 ; in 40th. 183, .348, 384 ; in 41st, 408, 508. Culver, Cuarles V., Representative in 39th Congress, 108. CuMMiNGS, John A., is. State of Missouri, opinion of Su- preme Court on, 220-226. CuRHE.NCV, resolutions touching the, 391, 392, 579, 580, 581; act on banking; ;uid,.580-59<'); action under, 59G. Curtis. Benja.min i;., orc3; amendment to reconstruction bill, 33S ; vote for nomination for President, 371; motion onXVtli amendment, 405. Douglas, Stephen A., introduces Hlinois Central rail- road bill, 564. Douglass, Frederick, address to President Johnson, reply of, and his rejoinder, 52-58. Douglass, Lewis H., reply of, to President Johnson, 50. Downing, George T., address to President Jolinson, re- ply of, and his rejoinder, 52-56. Dox, Peter M,, Representative in 41st Congress, 508. Drake, Charles D., Senator in 40th Congre.'^s, 182, 347, 383; in 41st, 407, 507; motion respecting Mr. Stan- ton's removal, 263; amendment to Arkan'-as bill, 337; motions as to XVth amendment, 401, 404; amendment to Virginia bill, 575; motion on appor- tionment bill, 584; on Georgia bill, 613. Driggs, John F., Representative in 39tli Congress, 108; in 40th, 183, 348. 384. DuMONT, Ebenezer, Representative in 39th Congress, 108. DuEANT, Thomas J., appointed governor of Louisiana and declined, 323. Duties upon JVIerchandise in French Ships, President Grant's proclamation respecting, 421. Duval, Isaac H., Representative in 41st Congress, 408, 508. Dyer, David P., Representative in 41st Congress, 406, 508. E EcKLET, Epheaim R., Representative in 39th Congress, 108 ; in 40th, 183, 348, 384. Edmunds, George F., Senator in 39th Congress, note, 107; in 40th, 182, 347, 383; in 41st, 407, 507; resolu- tion on removal of Mr. Stanton, 262; on confirm- ing General Schofield, 204 ; resolution as to Georgia electoral vote, 393; proviso to Virginia admission bill, 575; motion as to apportionment, 584; income tax, 608; gross receipts, 608; Georgia bill, 614. Edwards, Willlam P., Representative in 40th Congress, 348, 384. Eggleston, Benjamin, Representative in 39th Congress, 108; in 40th, 182,348,384. Eight-hour Law, resolutions of political convention on, 478, 479. Eight-hour Wages, President Grant's proclamation on, 421. Ela, Jacob H., Representative in 40th Congress, 182, 347,383; 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, 508 ; motion on Cuban resolution, 620. Elections, of 1S60,,372; of 1864, 372; of 1866, 120; of 1867, 259 ; of 1866 and 1867, 372 : of 1868, 499 ; of 1869, 506. Elective Franchise, resolution concerning, in the States, 110; in District of Columbia, 114-116, 154- 160; in Territories, 116, 117, 181; in the insurrec- tionary States, 192; President Lincoln upon, note, 24; President Johnson upon, 19, 20, 24, 49. 52-55, 154-159 ; 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 ind votes on repass- age, 379. Electoral Vote of 1868, concurrent resolution respect- ing the, and proceedings under. SOS-.'SOo. Eliot, Thom.^s D., Representative in 39th Congress, 108; in 40th, 182, 347, 383; bill to repeal power to pardon by proclamation, 183. Elliott, J.\me8 T., Representative in 40th Congress, 384. Emory, General VV. LI., assigned to department of Wash- ington, 424. Enforcement Act, te.xt of and action upon. 546-550. Epperson, Benjamin H., claimant to seat as Represent- ative in 39th Congress, 182. Equal Rights in District of Columbia, bill for further security of, 351, 395. Equal Taxation, resolutions of political convention.'? on, 249, 251, 253, 304, 367, 478. EvARTS, 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 befc»re military courts, 425. EwiNO, Thomas, Jr., proposed resolution of, at soldiers and sailors' convention, 369; TOte for nomination for President, 371. 636 INDEX. ExcHAXGE OP pEisOKEns, Gcn.'rnl Grant's testimony upon, iuG. ExPEXDiriRES AND Ueceipts SINCE 18C0, tablcs showing, ;}7.".-:i77. Express Contracts to pav Coin, decision on, 443-448. P FABCiUHAE, John H., Representative in 39th Congress, 108. Farnswoktii. John F., Representative in 39th Congress, 108; in 40th, 183, .348, 384; iu 41st, 408, 508; report on impeac-liment, 2GG; motion respecting Florida, :!ll ; reports Virginia bill, 573; motion on Georgia bill, Clo. Faerow, James, claimant to seat as Representative iu 3'jth Congress, lOS. Female Suffrage, proposition lor, in Senate and House, and votes, 184; former, in New Jersey, note, 2.38; proposition in Kansas and Wisconsin, 2.j8; votes upon, 353; in Massachusetts, .50G; proposed consti- tutional amendment to secure, 50."). Fenian Inv.^sion, President Grant's proclamation against, 544. Fenton. Revben E.. Senator in 41st Congress, 407, 507. Febriss, Orange, Representative in 40th Congress, 182, 347,383; in 41.';t. 407, 0ii8; resolution as to validity of XlVth and XVth amendments, 583. Ferrv, Okris S., Senator in 40th Congress, 182. 347, 383; in 41st, 407, 507 ; amendment to the Arkansas bill, 34o. Ferry, Thomas W., Representative in 39th Congress. 108; in -icith, 183, 34S, 384; in 4oth, 408, 508. Fessexden. William Pitt, Senator in 3;)th Congress, 107 ; in 40th, 182, 347, 383 ; in 41st, 407 ; death of, note, 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- 400; resolution as to etteet. 415; votes of States on, 488-498, 557-502; proclamation of ratification, .545, 540; bills to enforce, and votes thereon, 54G-.550; House vote on validity t)f, 583; resolutions of po- litical convention.s on, 478, 479, 480, 481, 482, 483, 484, 485, 488. Financial Legislation on 5.20's, 10.40's, Greenbacks, &c., 354, 580-590; McNeely's resolution on, 59G. Finck, William E., Representative in 39th Congress, 108. FiNKELNBURG, GusTAVCs A., Representative in 41st Con- gress, 408, 508. Finney, Iiarwin A., Representative in 40th Congress, 182, 348; death of, note, 384. FiECT National Bank at Louisville vs. Kentucky, opin- ion of Supreme Court United States in ease of. 531. Fish, Hamilton, Secretary of State, 406, 507 ; certificate ratification XVth amendment, 545, 546. Fisher, John, Representative in 41st Congress, 407,508. Fitcu, Thomas, Representative in 41st Congress, 408, 508. Five-twenty Bonds, act authorizing, 354. Flanagan, James W., Senator in 41st Congress, 507. Flanders, Benjamin F., appointed governor of Louis- iana, 323; resigned, 325. Florida, provisional governor appointed, 12; General Gillmore's order annulling acting Governor Alli- son's call of rebel legislature, 24; reconstruction etcps 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, 337, .341 ; vote of legi.-4; in -list. 408, 508; motion to taljle im- peachment resolutions, lOO ; resolution as to land- grant policy, .072 ; fimding motions, 002, 603; as to taxation of bonds. GO.j. Holmes, Sidney T., Representative in 39th Congress, los. Homestead Act. bill extending. 116, 186. Hooper. Samuel, Representative in 39th Congress, 108; in 40th. 182. 3^7, 383; in 41st, 407, 608. Hopkins, Benjamin F., Representative in 40th Con- gress, 183. 348, 3S4; in 41st, 408 ; death of, note, 508. floTcHKiss, Giles W., Representative in 3'Jth Congress, 108; in 41st, 407, 608. Hotchkiss, Julius, Representative in 40th Congress, 347. 383. Houston, George R., claimant to scat in 39th Congress, 107; in 40th, 183. Howard, Jacob M., .Senator in 39th Congress, 107 ; in 40th, 182, 347,383; in 41st, 407, 507; resolution as to Geoigiii eloclora! vote, .394; motion as to and upon XVth amendment, 401 404, 405; on public credit bill, 413; motion on enforcing bill, 55G; on fund- ing bill, COO. Howard, General 0. 0., orders of, 12, 13 ; to department of Louisiana, 425. Howe, Timothy O., Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 507; motion on cur- rency bill, 591 ; on naturalization, 619; motions on funding, COl. Howell. James B., Senator in 41st Congress, nofc, 507; proviso on Northern P.aeific railroad bill, 568. Hudbard, Asahel W., Representative In 39th Congress, 108; in 40th, 183, 348, 384. IluDBAKD, Chester D., Reprc^ntative in 39tb Congre?.':, lOS; in 40th, 182, o4S, 384. IIUDBARD, Demas, Jr., Representative in 39th Congress, 108. IIuBBARD, John II., Representative in S9th Congress, 108. Hubbard. RiaiAUD D., Representative in 40th Congress, 347, 383. HuBBELL, Edwin N., Representative in 39tli Congress, 108. HuBBELL, James R., Representative in 39th Congress, 108. HuLBURD, Calvin T., Representative in 39th Congress, 108; in 40th, 182, 347. 383. IIUMPiiREY, James, Representative in 3gth Congress, death of, note, 108. IIUMFUREY, James M., Representative in 39th Congress, 108; in 40th, 182,348,383. Hi'MPHREVs, Benjamin G., inaugurated governor of Mis- sissippi, message of, 20; proclamation of, 3J2; re- moval of. 823. Hunt, Raxdall, claimant to seat in 30th Congress, 107. Hunter, John W., Representative in 3yth Congress, 182. Hunter, Morton C, Representative in 40th Congress, 183,348,384. Illinois, vote on XlVth amendment, 194; vote on XVth amendment, 490; new constitution of, 021 ; Senators and Representatives in 30th Congress, 107; in 40th, 182, 347, 384; in 41st, 407, 5U7; a)>por- tionment of currency in, 590; vote on land grant to Illinois Central railroad in 1850, 603; apportion- ment of representation under census of 1800, 585; Presidential vote in 1860 and 1804, 372; in 1808,499. Impartial Suffp.age, votes in Wisconsin, Ohio, and New York, 2.08; vote of Connecticut, 120; (see Col- ored Suffrage.) Impeachment of President Johnson, proposed action of Congress, 187-190; subsequent votes and articles, answer, and judgment of the Senate, 264-282. Inaugural Address of President Grant, 410, 417. Income Tax, votes on repeal, 605-608; amount received from, 026. Indiana, vote on XlVth amendment, 194; vote on XVth amendment, 490, 491 ; Republican platform for 1870, 622; Democratic, 023; Senators and Rep- resentatives in 39th Congress, 107, 182; in 40th, 347, 383; in 41st, 407, 507; apportionment of cur- rency in, 590 ; apportionment of representation under census of 1800, 585 ; Presidential vote in 1800 and 1864, 372; in 1868, 499. Ingersoll. Ebon C, Representative in 39th Congress, 108; in 40th, 183, 348,384; in 41.st, 408, 508 ; substi- tute for currency bill, 593, 594; introduces curren- cy bill, 500; funding motions, 602, 603, 004. Insurrectionary States, proclamations concerning, 7, 9, 11, 13-17, 194; reconstruction steps in, 18-28 ; laws on freedmen, 29-44; President Johnson's messages concerning, 64-67, 106-172, 178-180; General Grant's report, 67. 68 ; votes in Congress upon, note, 72,183, 184; reports, propositions,"and laws, 102-106,152, 106-172, 178-180, 335-337, 393, 672-579, 609-615; dis- franchisement in, 374 ; claimants for seats in Con- gress, 107, 108, 181-183 ; Senators and Representa- tives claiming from, 347, 348. Intermarriage of Whites and Blacks in Georgia, de- cision respecting, 474, 475. Internal Revenue Statistics in 1869 and 1870, 626; es- timated annual reduction in revenue from since July, 1866, and by act of 1870, 626. Internal Tax and Tariff, votes on, 605-609 ; statistics of, 6-6. Iowa, Republican and Democratic platforms, 479, 480; vote on XlVth amendment, 353; vote on XVth amendment, 558; Senators and Representatives in :jOth Congress, 107; in 40th, 182, 347,383; in 41st, 407, .''1O7 ; apportionment of currency in, 506; ap- portionment of representation under census of 1800, 585; Presidential vote in 1800 and 1804, 372; in 1808, 499. Jenckes, Thom.18 a.. Representative in 39th Congress, 108 ; in 40th, 847, 383; in 41st, 407, 508. Jenkins, Charles J., Governor, threatened removal of, 311 ; actual removal, 320. Johnson, Andrew, inauguration of, 44; cabinet of, 107, 181, 347, 383. JoiiNsox, Andrew, Interviews and Speeches to citizens of Indiana, 44-47; Nashville speech of June 11, 1864, note, 46, 47; to Virginia refugees, 47, 48; with George INDEX. 639 L. Stearns, 48, 49 ; to colored soldiers, October 10, 18tJ5, 49-51; with Senator Dixon, 51,52; witli col- ored delegation respeetina; sutFrasce and reply of, 52-56; with committee of the Virginia legislature, 56-5S; speech of February 22, IhliO, 58-68; speech to colored people of District of Columbia, 63; on receiving proceedings of Philadelphia convention, 1 7-129; in New York, li!9-134; in Cleveland, 134- isu ; in St, Louis, 136-141 ; with Charles G. Halpine, 141-143. Johnson, Andrew, Letters of, to.Secretary Stanton re- questing his resignation, 261 ; appointing General U.S.Grant Secretary of War ad inicriiii. 261; ap- pointing Lorenzo Thomas Secretary of War atJiu- terim, 200; corresjiondenee with General Grant on his retiring from the War Office, 282-293. Johnson, .\ndrew, Messagis of, first annual, 64-66; sec- ond annual, 143-U7; last annual, 384-391; special, on the condition of the insurrectionary States, 66, 67; veto of lirst freedmen's bureau bill, 68-72; of second, 147-149: veto of civil rights bill, 71-78; veto of first Colorado bill, 81, 82; of second, 160- 163; on proposed constitutional amendment, 83; on restoring Tennessee to her relations to the Union, 15 -154; veto of the District of Columbia suffrage bill, 154-159; veto of the Nebraska bill, 164,165; veto of the military reconstruction bill, 166-172; veto of the civil-teiiure bill, 173-176; ac- companying the approval of an army appropria- tion bill, 1 78 ; 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 in District of Columbia, 395, and public credit bill, 397, and funding bill, 3S2. Johnson, Andrew, Orders and Proclamations of, 7-18, 194-208; on commercial intercourse and lilockade, 7, 9, 13; for trial and punishment of Abraham Lin- coln's assassins,?; refusal of habeas corpus ior 'Mrs. Surratt, 260 ; for arrest of Jefferson Davis, Clement C. Clay, and others, 7; and withdrawal of, jiofe. 198; for release of Clement C. Clay, 7iote. s; recognizing Governor Pierpoint's administration in Virginia, 8; respectitlg rebel cruisers receiving hospitality in foreign ports, 9; of amnesty, 9, U); 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. Ifi; that civil authority exists throughout the whole of the United States, 194-190; President Johnson's inter- pretation thereof, note, 17 ; in relation to appoint- ments to office, 17; in relation to trials by military courts and commissions, 17; forbiddinj; the inva- sion of Canada by the Fenians, 17, 18; respecting merchant vessels in certain ports of Japan, 190, 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, 198; con- cerning release of convicts, 198, 199; assigning commanders to military districts, 199, 200, 306-308, 344-346; order suspending Secretary Stanton, 201; order removing Secretary Stanton. 265 ; order ap- pointing General Lorenzo Thomas ad interim, 266; order to General Grant respecting orders issued by Secretary Stanton, 284; orders respecting Bal- timore troubles in 1806, 297; orders respecting Sheridan, Thomas, Hancock, 300-308; priiplama- tion enjoining obedience to the Constitution and 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 m previous proclamation, 344; order establishing a new military division, 340 ; proclamation respect- ing the ratification of XlVth amendment by Flor- ida and North Carolina, 379 ; by other insurrec- tionary States, 260; genera! amnesty proclamation, 419. •Johnson, Andrew, proposed impeachment of, 187-190; subsequent votes, articles, answer, and judgment of the Senate, 264-282. Johnson, Andrew, Telegrams or, 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, ic, 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, 199; to ex-Governor Parsons, of Alabama, on Alabama's withdrawal of ratification of XlVth amendment, note, 352. Johnson, Andrew, resolutions of political conventions on policy of, 123,i241, 245, 248, 249, 304, ,305, 36.S. JoHNSoN, Andrew, thanks of House to, 113 ; sundry res- olutions on. 111, 112, 187-190, .304, 308. Johnson, Andrew, validating certain proclamations and acts of, 185; proposed substitute of, for XlVth amendment, 258. Johnson, Herschel 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, James A., Representative in 40th Congress, 348, .384; in 41st, 408, 508; motion as to effect of XVth amendment, 414. Johnson, James 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; m 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 letter on, 504, 505. Joint Reconstruction Committee, reports of, 84-101; va- rious propositions of, 101-106. Jones, Alexander H., claimant to seat as Representa- tive in 39th Congress, 108; Representative in 40th, 348. 384; in 41st, 407, 508; introduces apportionment bill, 583. 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 L., Representative in 40th Congress, 348, 384; in 41st, 408, 508. JiTDD, Norman B., Representative in 40th Congress, 183, 348, 384 ; in 41st, 408, 508; motion on apportionment, 585; on currency, 594; on funding, 0U3. 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. 434-437 ; on State taxation of United States certificates of indebtedness, 437-439; on 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, 443- 447; dissenting opinion, 447-448; on the status of the State of Texas, 448-454; dissenting opinion, 454-456; the McCardle case, 456, 457; opinions in the Ccesar Griffin case, 4.57-406; can a negro hold office in Georgia, 400-474; intermarriage of white and colored persons in Georgia, 474,475; on the validity of contracts in confederate money, 509- 511; on the constitutionality of legal-tender clause as relates to contracts m.ade 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. Jtjdiciart Committee, report on proposed impeachment, 188, 189. Julian, George W., Representative in 39th Congress, 108; in 40th, 183, 348,384; in 41st, 408, 508; home- stead bills of, 110, 180; on committee to prepare articles of impeachment, 206. Jurisdiction of 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 Represent.atives in 39th Congress, 107, 181; in 40th, 182, ,347, 383 ; in 41st, 407, 507; apportionment of currency in, 596; appor- tionment of representation under census of 1800, 585; presidential vote in 1804, 372; in 1808, 499. Kassdn, John A., Representative in 39th Congress, 108. C40 INDEX. Kelley, William D., Representative in 39th Congress, 108: in 4iith, ^S2, 348, 384; in 41st, 407, 60S; sutfruge bill of, 114. Keliogo, Francis W., Representative in 40th Congress, 348, 384. Eelloqg. Stephen W., Representative in 41st Congress, 4117, 608. Kellogo, William P., Senator in 40th Congress, 383; in 41st, 407, 607; motion on currency bill, 58f». Eelsey, William K., Representative in 40th Congress, 182, 348, 383; in 41st, 407, 508; motion on tariff, 581; on apportionment bill, 584. Kelso, JouN R., Representative in 39th Congress, 108; resolution.s on itnpi-aehment, 187, 188. Kennidy, John D.. claimant to seat as Representative in 3'.ith Congress, 108. Kentucky, withdrawal of martial law, 15; resolution.s of 17'JS, 1J64-260; vote on XlVth amendment, 194; vote on XVth amendment. I'll, 492; Senators and Representatives in D'.ith t ongress, 107,182; in 4oth, 182,347,383; in 41st, 407,607 ; a|>portioimiont of cur- rency in, ,690; apportionment of representation under census of 18C0, 585; presidential vote in 18G0 and 18(i4. ,372; in 18G8, 499. Kebr, Michael C, Representative in 39th Congress, loS; in 40th, 183, ,348, 384; in 41st, 408, .508. Ketch.vm. John H., Representative in 39th Congress, 108; in loth, 182, .347, 383; in 41st, 407, 508. KiRKwooD, Samuel J., Senator in 39th Congress, note, 107. Kitchen, Bethuel M., Representative in 40th Congress, lS3, 348, 384. Knapp, Chakles, Representative in 41st Congress, 407, 508. Knott, J. Pkoctoe, Representative in 40th Congress, 348, 384; in 41st, 408, 508. KooNTz, William H., Representative in 39th Congress, note, 108; in 40th, 182, 348, .384. KuYKESDALL, ANDREW J., Representative in 39th Con- gress, 108. Ptle, George H., claimant to seat as Representative in 3yth Congress, 108. Laflin, Adbison H., Representative in 39th Congress, 108; in 40th, 182, 348, 383; in 41st Congress, 407, 608. Land Subsidies, facts on, 5G.3-572, 02.5. Lands, table showing grants of, 62.5. Lane, James H., Senator in 39th Congress, 107, 181. Lane, Henry S., Senator in 39th Congress, 107. Langdon, Charles C, claimant to seat as Representa- tive in 39th Congress, 108. Lash, Israel G., Representative in 40th Congress, 348, 384; in41st, 407, ,508. Latham, George R., Representative in 39th Congress, 108. Lawrence, George V., Representative in 39th Congress, 108; in 40th, 182, ,348, 384. Lawrence, William, Representative in 39th Congress, 108; in 40th, 182, 348,384; in 41st, 408, 508; motion on Northern Pacific railroad bill, 571; on Georgia bill, f.15. Lawyers, on test-oath required of, opinions of Supreme Court United States, 220-234; opinion of Supreme Court of District of Columbia, 234-238; vote of House on, 211. Le Blond, Francis C, Representative in ,39th Congress, 108; motion on disbanding militia of certain States, 178. Lee, U. E., terms of surrender, 120, 121; application of, for benefit of amnesty proclamation, and action thereon, 306; General Grant on, 301-30,5. Leftwich, Joun W., Representative in 39th Congress, 108, 182. Legal-tender Clause, as it relates to prior contracts, opinion.s of Supreme Court United States on, 511- 523. Legal Tenders, act authorizing the, 345. Legislatures, votes on XlV'th constitutional amend- ment, 194, 363; on XVth, 488-498, 567-602. Lewis, John F., Senator in 41st Congress, 507. Lewis, Joseph H., Representative in 41st Congress, note, .508. Lincoln, Abraham, orders for trial and punishment of assassins of, 7; letter to Governor Halm on col- ored sutH-a^c, note, 20; telegram to General Weit- zel, 20; withdrawal of reward for alleged assassins of. 108; refusal of liabeas corpus to assassins of, 200; vote for, in 1804, 372; resolutions on, 117, 118, 304. Lincoln, William S., Representative in 40th Congress, 182, 348, 383, Lists of Congressmen and Claimants, 39th Congress, lo7, 181 ; 40th Congress, 347, 383; 4l8t Congress, 407, 607. Loan. Benjamin F., Representative in 3oth Congress, 108; in 40th, 183, 348, 384; resolution on impuaoh- mcnt, 187, 188. Logan, John A., Representative in 40th Congreps, 18,3, 348,384; in 41st, 408, .508: on committee to prepare articles of impeachment, 200 ; manager of impeach- ment, 271; motion on XVth amendment, 4ij5; on Cuban resolution, 02O. Longyear, John W.. Representative in 39th Congress, 108; resolutions of, 111-113. Lougiiridge, William, Representative in 40th Congress, 183, 348,384; in41st, 407, 608; resolution on increas- ing the currency, 680. Louisiana, J. M. Weils elected governor, 28; pardon of Jlayor Blonroe, 28, 29; legislation on freedmcn, 43, 44; new constitution of, 329, 330; restoration to representation, .337; vote of legislature of 1807 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, 318; Senators and Repre- sentatives in 40th Congress, 383; in 41st, 407, 507; apportionment of currency in, 690; vote on count- ing elector.-il vote of 1808,394; apportionment of representation under census of 1800, 685; presiden- tial vote in 1800, .372; in 1808, 499; registration in, votes on con,«titutional convention and ratifying constitution, 374. Lynch, John, Representative in 39th Congress, 108; in 40th, 182, ,347, 383; in 41st, 407, 507; substitute for currency bill, 594. M Magrath, a. G., call of, for meeting of rebel legislature of South Carolina, 22; General Gillmore's order annulling, 22, Magruder, Alexander, letter of Attorney General Evarts to, 422. Magruder, Allen B., opinion of supreme court of Dis- trict of Columbia in 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, 590; apportion- ment of representation under census of 1800, 585; presidential vote in 1800 and 1804, 372; in 1808, 499; State election in 1800 and 1867, .372. Mallory, Rufus, Representative in 40th Congress, 183, 348, 384. Manhood Suffrage, see Impartial Suffrage and Col- ored Suffrage. Manlet, 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 39th Congress, 107; resignation of, 182. Marquette, Thomas M., Representative in 39th Con- gress, 182. Marriage, Inter-, in Georgia, decision respecting, 474. Marshall, Samuel S., Representative in 39th Congress, 108; in 40th, 183, ,348, 384; in 41st, 408,508; resolu- tions on tariff, 581, 582; on apportionment, 585; on funding bill, 002. Marston, Oilman, Representative in 39th Congress, 108. Martial Law, General Grant on declaring, in Texas, 298; General Sheridan's report upon, note, 298. Marvin, James I\I., Representative in 39th Congress, 108; in 40th, 182,348,383. Marvin, William, appointed provisional governor of Florida, 12; telegrams to and from, respecting re- construction, 24, 25; claimant of seat as Senator in 39th Congress, 107. Maryland, unconditional union platform, 124; legisla- ture on XlVth amendment, 194; Republican plat- form and calls of 1807, 245; memorial to Congress of Republican members of the legislature, np/e, 240; sundry facts respecting, 259; new constitu- tion of, 320; vote on XlVth amendment, 194; on XVth amendment, .558; Sen.ttors and Representa- tives in 39th Congress, 107; in 40th, 182,347, 383; in 41st, 407, ,507; apportionment of currency in, 596; apportionment of representation un; amendment to Virginia bill, TiTii; motions on currency, rjSS-.'iDU ; oil luiiding bill, GOO, GOl; on Georgia hill, (ill, rAi. MoiLTox, tr.v.MVKL W., Representative in 3i)th Congress, lOS. MowKR, General Joseph A., assigned to department of Louisiana. 323, 4J5. MuDD, y.vMVEL A.. President Johnson'.s order for the execution of sentence upon. 7. MuLLixs, J *MES, Representative in 4iith Congres.s, 348, 3S4; objects to electoral vote of Louisiana, 3!)4. MvKGE.v, Wn.Li.\.M, Kejiresentative in 40th Congress, Is.i. 31.S, 3.st; ill 41st, 40S, .'idS; funding motion. 003. Muupiiv, ISA.vr, Governor of Arkansas, President John- son's telegram to. -js. Myers. Jasper. Captain, appointed attornej' general of Mississippi. 3J3. Myers. I>eo.n.ip.d. Representative in 3nth Congress, 108; in 4<.)3. National JSa.nk Notes, propositions relating to. 58ri-o96. National Hanking .System, resolutions of political con- ventions on, 480, 483. National Dect, act to authorize the refunding of the, 097; statements, 500-002. 027-030; resolutions on, 123, 249, 2.')2, :)0K 480, 482. Naturalization Laws, act to amend find punisli crimes against, 010. National Platforms of 18.52, 1850,1800, and 1864, .3.50-304; of 1808, 3(i4-'!08; resolutions of 1798. 254. Nebraska, election in, on State government, Ac, 1'20; veto of and votes upon bill to admit, 104-ioO; proc- lamation of President Johnson of .admission of, 198; ratified XlVth amendment, 35.'!; vote on XVtli amendment, .559; Senators and Representatives in 40th Congress, lS'2,.'i47, 383; in 41st, 407.507; appor- tionment of currency in. 590; apportionment of representation under census of 1800, .585; State vote in 1800, 372; presidential vote in 1808, 499. Neolev, James S., Representative in 41st Congress, 407, 5U8. NeORO OlTICE-HOLDING IN GEORGIA, 4GG-474. Nelson, Samuel. Justice, dissenting opinion in Veazie Bank is. Jeremiah Fenno, .52.S-.530. Nelson. Thomas A. K., of counsel of .\ndrew Johnson, 271. Nesmitr, James W., Senator in 39th Congress, 107; call for National Uni m Convention, 119. Nevada, vote on XlVth amendment, 194; on XVth amendment, 494; Senators and Representatives in 39th Congress, 107; in 40th, 182, 347, 3.S3; in 41st, 407,507; apportionment of currency in, 590; appor- tionment of representation under census of 180O, ,585; presidential vote in 1804, 372; in 1808.499. Newcomb, Carman A., Representative in 40th Congress, 183, .'i48, :t,s4. Newell, Williaji .\., Representative in 39th Congress, 108. New Hampshire, election in 18GG, 120, 372; in 1.8r.7, 2,50, 372; ill 1SG8,372; in 1809,.500; vote on XlVth amend- ment. 194; voteson XV'th amendment. 494, 495, ,5.59; Senators and Representatives in 39th Congress, li)7, 181; in 40th, 182, .347, 383; in 41st, 407, .507; appor- tionment of currency in, 590; apportionment of representation under census of isoo, 585: presi- dential vote in 1800 and 1804, 372; in l8i',8. 499. New Jersey, vote of legislature on ratifying XlVth amendment. 194; on withdrawing theVatiticalion. 35:5; on XVth amendment, 495; on impartial suf- frage. 258; Senators ancl Kepresentalives in 39tti Congress, 107, isl; in 4iith, 182, .347, 383; in 41st, 4(i7, 507; apportionment of currency in, 590; apportion- ment of representation under census of 1800, .585; presidential vote in 1800 and 1SG4, 372; in 1808,499; State elections in 1800 and 1807, 372. New Orle.ans Riots, I'resident Johnson's allusions to, 1.17. Newsiiam, Joseph P., Representative in 40th Congres.s, 348. 384; in 41st. .508. New York, proposi'd now constitution of, 320; Repub- lican resolutions on impartial suffrage, 258; vote on XlVth amendment, 194; on XVth amendment, 495, 490; on withdrawing said ratilication,&02; Sen- ators and Reprpsentative.t; in .39th Congress. 107, 182; in kith, 182,347. 3s!;in 41st. 40T, .507: apportion- ment of currency in. 590: apportionment of repre- sentation in, under census of 1800,585; presidential vote in 18(io and 1864, 372; in 1808. 499. Niblack, William E., Representative in 39th Congress, 108; in 40th, 183, ,'!48, ;i84; in 41st, 408, .508; motion as to public credit bill, :i96. Nicholson, John A , Representative in 39th Congress, 108; in 40th, 18'2, :348, .^84. Noell, Thomas E., Representative in 39th Congress, 108; in 40th, 183; bill to authorize female sutirage, 184; death of, note, 348. NoRRis, Be.njamin W., Representative in 40th Congress, 348, 384. North Carolina, provisional governor appointed, 11; reconstruction ?teps, 18, 19; claimants for seats in Congress, 107, 108, 183; convention of colored peo- ple, 18; laws on freedmen, 29; vote of legislature of 1806 on XlVth amendment, 194; platform of Republican State convention, 251, '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. 3.53, 379; order as to railroad directors. 427; ratification of XlVth amendment, 427; military rule ceases, 422, 427; vote on XVth amendment, 490; claimants in .39th Congress, 107, in 40th, 1st and 2d session, 183, 348; Senators and Representatives in 40th, 3d session, 383; in 41st, 407, .507; apportionment of currency in, .590; apportionment of representation under census of 18(0, 585; presidential vote in 18C0, 372; in 1808, 499; registration and disfianchiH ment in, and votes on constitutional convention and rati- fying constitution, 374. Northern Pacific Railroad bills, .56.5-.5G7. Norton, Daniel .S.. Senator in 39th Congress, 107; in 40th, 182, 347, 3.S3; in 41st, 407; death of, note, 507; call for National Union Convention, 119. Notf^, United States, not a legal-tender for State taxea, Supreme tVnirt opinion on, 4.19; increase of na- tional bank. 58ii-590. NuNN, David A , Representative in 4( th Congress, 348, 384. Nye, James W., Sen.itor in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 507. O Office-holding Vjy Georgia negroes, 460, 474. Official Orders and Proclamations, President John- son's, 7-lH, 194-'208, 342-34(i, 379, 419; President Grant's, 4'20, 421, 505, 544. Ohio, Legislature on XlVth amendment, 194; votes on withdrawal of, 3.53; resolutions of Democratic convention of 1807, '247, '248; votes on proposed amendment to State constitution giving suffrage to soldiers. 2.)8; Republican and Democratic plat- forms, 48'2, 483, 0'24; vote against XVth amend- ment, 496, 497; vote to ratify the XVth amend- ment, 502; Senator;; and Representatives in 39ti» Congress, 107; in 4(ith, 182. :i47, 383; in 41st, 4o7, 507; apporti'inment of currency in, .590; apportion- ment of repri'seiitiition under census of 18(J0, 5s5; presidential vote in 18i0 and 1804, ;J72; in 1803,499. O'Laughlin, .Michael, President Johnson's order for the execution of sentence upon, 7. O'Neill, ( harles, Kepiesentative in 39th Congress, 108; in 4uth, 182, 348, 384; in 41st, 4()7, .508. Orb, Edward (). I'., Major General, assignment of, to and from the comin:indof lourtli milit.nry district, 200,345; orders of. 206, 321-.'>'i3; ordered to depart- ment of California, :!4(;. Ordes No. 11, facts concerning, 1'22. 308. Orders, JMilitary.ox ISeconstrvction. 30-:i.S; 41,42; 122, 12:!, 124; l99-'208; 3O0-:!(J8: 422-4:il). Oregon. elc<-tir)u of I8()6. 120: of 1868, 372: vote on XlVth amendment. 191; on .XVth amendment, 497; apportionment of currency in. 5!i0; apportionment of representation iindiT c<'i)siis of 18(J0. 585; presi- dential vote in I860 and 18(14. ,'172; in 1808, 499. Orth, Gopi.ove S . Representative in :!9tli Congres.s, los; in loth, 1.S3. :il,' '!S4: in 41st, 408, .OOci. OsBORN, Thomas \V., Sen ..or in 40th Congress, ;J47, :iS;i; in 41st, 407, 507. Pacific Railroad Bond.s, amount issued to Pacifi'ational Platforms of 185G, 1800, and 1804, 35G-304 ; of 18CS, 304, 305. Repudi.vtion, resolutions on, 391, 392, 579. Resolutions, 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 ell'ect of rebellion. Ill; recognition of State government of North Carolina, 113; trial of Jelferson Uavis, 113; the Fenians, 113; proposed impeachment of President Johnson, 187-190, 204- 200; thanks toex-Secrelary Stanton, 350; condemn- ing President Johnson's repudiation plan, 391, 392; ourepudiation,579; purchasing bonds,o80; increas- ing currency, 580; tariff, 581; general amnesty,582; apportionment, 583-585. Restoration of Insurrectionary States, 152, 191, 192, 335- 338, 572, 609. Revels. Hiram II., Senator in 41st Congress, 507. Revenue and Expenditures, from 180O, 375-377 ; receipts ■ and reductions in, 009, 020. Reynolds, Arthur E., claimant to seat as Representa- tive in 39th Congress, 108. Rey.nolds, General J. J., assigned to fifth district, 422, 424; relieved, 424; orders cessation military rule in Louisiana, convention tax to be paid, Texas not to send Presidential electors, is removed, rein- stated, test-oath, 429-130. Rhode Island, election of 180G.120; of 1807, 259; of 1808, 372; of 1809, 500; on XlVth amendment, 194; on XVth amendment, 497,559; Senators and Repre- sentatives in 39th Congress, 107; in 40th, 182,347, 383; in 41st, 407, 507; apportionment of currency in, 590; apportionment of representation under census of 1800,585; Presidential vote in 1800 and 1804, 372; in 1808, 499; State elections in 1800, 1807, and 1808, 372. Bice, Alexander H., Representative in 39th Congress, 108. RiCB, Benjamin F.,Senator in40th Congress, 347, 383; in 41st, 407. 507. Bice, John H., Representative in 39th Congress, 108. Rice, John M., Representative in 41st Congress, 408, Riddle, George Read, Senator in 39th Congress, 107; death of, note, 182. RiDGWAV, Robert, claimant to seat as Representative in 39ih Congress, 108; Representative in 41st, 508. Rittee. Burwell C, Representative in 39th Congress, 108. Roberts, O. M., claimant to seat as Senator in 39th Con- •_'ress, 182. Robertson. Thomas J., Senator in 40th Congress, 383; in 41st, 407. 507. Robertson, William H., Representative in 40th Con- gress. 182, 347, 383. RoBteoN, George M., Secretary of the Navy, 400, 507. Robinson, Brevet .Major General J. C, order of, against wliippinp, 201. Robinson, Willia.m E., Representative in 40th Congress, 182,347,383; motion to table impeachment resolu- tion, 190. Rockwell, Charlf.8 F., Brevet Captain, appointed treas- urer of Georgia, 320. Rogers, Anthony A. C, Representative in 41st Congress, 408, 508. Rogers, Andrew J., Representative in 39th Congress, 108. Rollins, Edward II., Representative in 39th Congress, 1U8. Roots, Logan H., Representative in 40th Congress, 348, 384; in 41st, 4<)8, 508. Ro89, Edmund G., Senator in 39th Congress, 181; in 40th, 182, 347, .383; in 41st, 107, 507; motion on currouov bill. ,'■.90. Ross. LeWis \V., Representative in .39th Congress, 108; in 40th 183. 31**, 3S4. RoissFAU. Lovell H., Representative in 39tli Congress, 108, 182. KuoER, Thomas II.. Brevet Brigadier General, appointed governor of Georgia, 320; relieved, 428. S Salt, vote on proposed reduction of duty on, 582; Ohio Pcmocrats im tariff on, 482. San Domi.noo Treaty, message as to, 511, 542. Sanders. George, President Johnson's order for arrest of, 8; order revoking rew.Trd for, 198. Sanford, Stephen, Representative in 41st Congress, 407, 508. Sargint, Aaron A., Representative in 41st Congress, 408. 508; motion on Northern Pacifie railroad bill, 5(;9. Saulsbury', Willard, Senator in 39th Congress, 107; in 40th, 1S2. 347. 383; In 41st, 407, 507; motion on cur- rency bill, 589. Sawyer, "Frlderick A., Senator in 40th Congress, 38:i; in 41st. 407, 507; motion as to the XVth amend- ment. 101. SAWYtR. Piiiletus. Representative in .39th Congress, 108; in 4i)th. 1S3, 34,S, 384; in 41st, 408, 508. SciiENCK. Kode':t C. Jiepresentative in 39tli Congress, 108; in40lh, 182, 318,384; in 41st, 408, 508; proposi- tions on representation, 101,105; on Fenian reso- lution. 114; on suflrage in District of (;oiambia,115; on suspending payment f^ir slaves drafted or vol- unteered. 180,187; reintroduces public credit bill, 413; reports substitute to Senate funding bill, Goi; funding motions, 003; reports hill to reduce inter- nal ta.Kos, 005; tariff amendment, OOO; statement of reductions under revenue act, 009. ScnoFiELD, John M.. Jhijor General, orders in North Carolina, 18; orders of. 200, 201 ; confirniation of, as Secretary of War, 204.347; action of, in reconstruct- ing Virginia, 310.317; Secretary of War, 383; note, 407: assigned to department of'the Missouri, 425. Schumaker, John G., Representative in 4lst Congress, 407, 508. ScHURz. Carl, General, resolutions of, at Chicago Con- vention, 3G0; .Senator in 41st Congress, 407, 507. Scofield, Glenni W., Representative in 39th Congress, 108; in 40th, 182, ,318, 384; in 41st, 4' '7, 508; motions on apportionment, 5S5; on currency bill, 590. Scott, John, Senator in 41st Congress, 407, 507; motion on enforcing bill, 550; on Northern Pacific railroad bill. .508. Segar, Joseph, claimant to seat in 39th Congress, 107. Selye. Lewis, Representative in 40th Congress, 182,348, 383. Senators in 39th, 40tli, and 41st Conaresses, and claim- ants, 107, 108, 181, 182, 347, 407, .507. Seward, William H., Secretary of State, 107, 181, 347, 383; certificate of ratification of rT*'-slavery amend- ment, 0; telegrams to provisioned governors, 21,2.3, 24,25,199; 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, ;J79; final certificate XlVth amendment, 417-410. Seymour, Horatio, nominated for President, 371; speech on accepting, 381: presidential vote, 499. Shanklin, George S., Representative in 39tli Congress, 108. Shanks, John P. C, Representative in 40th Congress, 183, .348. 384: in 41st, 408, 508. Sharkey, William L., appointed provisional governor of Mississippi, order for convention and President Johnson's telegram to, respecting action of, on slav- ery, elective "franchise, &o., 19, 20; claimant as Senator in 39th Congress, 107. Sheldon, Lionf.l A., Representative in 41st Congress, ."■.08. Shemion, Porter, Representative in 41st Congress, 407, .508. Shellaharger, Samuel, Representative in 39th Con- gress, 108; in 40th, bs:!, 348, 384; motion on XlVth amendment. 400, 40G. SiiERiPAN. I'HiLip H., Major General, assigned to fifth distriet, 200; relieved, :^.23; orders under military reeeiistniction bill, 200, 207; report on condition ofTexas, note, 298; assigned todepartmont of Jlis- souri. ,300,345; letteis and orders on removal of, 300-308, 345; orders and telegrams of and to, on re- construction, 308-310; to department of Louisiana, to division of the Missouri, 424. INDEX. 645 SHriiMAN, JouN, Senator in 30th Congress:, 107; in 40th, l«:i, :J47, lU"!; in 41st, 40", SOT; motion respecting Georgia, ;!lu ; telegram of Lieutenant General Sher- man to, ;M(;; motion on Texas bill, 679; reports currency bill, 587; motionstostrikeout nndinsert, 588; on currency bill, 580, SCO; reports funclingbill, 598; motions thereon, GuO; as to gross receipts, C07; on («eorgia bill. 01:;. fc>HERM.\N, William T., General, agreement with General Johnston, IJI, I'JJ; letter as to surrender of J. E. Jolmston, 501, .OOo; Lieutenant General, order as- signing to military divison of the Atlantic, lilO; nominated for brevet rank of general and telegram declined. olO. Shekrod, William C, Representative in 41st Congress, 508. Shields, James, reports Illinois Central Railroad bill. 5G4. Shipping, message of President Grant on European war and American shipping, Glti. Shouer, Francis E., Representative in 41st Congress, 7wtC. -107, 508. Sickles, Daniel E., Major General, order setting aside South Carolina code, 30-38; assigned to seconddis- trict, 2UU; oiders under military reconstruction bill, 202--JU4, 317; order relieving, 345. Sioux City and I'acific Railroad Company, United States bonds issued to. 503, 030. SiTG.".EAVES, Charles, Representative in 39th Congress, 108; in 4Cth, 18i', ::548, 384. Sixteenth Amendment, to United States Constitution, proposed, 50(i. Slavery and Reconstruction, General Grant's views upon, 293, 298-304. Slaves, to suspend payment for, 186, 187; General Grant's orders respecting, 293, 294. Sloan, Ithamar C, Representative in 39th Congress, 108. Slocum, Henry W., Representative in 41st Congress, 4j2, l'J4, ;i27-isa4; XVtli amendment, 39'J; female, pro- posed, 500. Suffrage, Colored, resolutions of political conventions on, 124, 244, 248, 240, 478, 479, 480, 481, 482, 48:5, 484, 480. Sugar, Ohio JJemocrats on tarifl'on, 483. Bi'MMEU, Charles, Senator in 3'jth Congress. 107; in 40th, 162, :i47, dS3; in 41st, 407, 507; allusions of President Johnson to, 01, 137; amendment to tenure-of-oitice bill. :;'JS; motion on XVth amendment, 402, 403; on public credit bill, 413; on currency bill, 58'J; to strike from naturalization laws tlie word "white," G18, Gist. Supreme Court of United States, opinions on habeas corpus, 209-220; test-oaths, 220-234; Mississippi in- junction case, 2:39, 240; proposed legislation re- specting, .350,351; opinions on State taxation of passengers, 43:3-437 ; State taxation of United States certificates of indebtedness, 4:i7-439; State taxation of United States notes, 439, 440; legal tender, 441- 443, 5I1-.V23; express eontracts to pay coin,44:i-448; _^ — status of lexas, 448^56; the McCardle case, 450; validity of contracts in confederate money, 509- 511; United States taxation of State banks, 52:5-5:;o; State government tax on national banks. 531, 532. BuRKATT, John H., order revoking reward for, I'.IS. SuRRATi, Mary E., President Johnson's order for the execution of sentence upon, 7; refusal of habeas corpus, 200. SURRE.NDER OF GENERAL JoSEPH E. JOHNSTON, tcrmS of, 121, ,504, .505. SwANN, Thomas, Representative in 41st Congress, 407, 508. BwAYNE, Noah H., Justice, dissenting opinion as to status of Te.xas, 450, 523. SWATNE, Wager, General, orders of, 204, 206, 319; order relieving, 340. Sweeney, Willlam N., Representative in 41st Congress, 408, 508. Sweeny, T. W., Brevet Colonel, order respecting otfi- cers. 200. Sipher, J. Hale, Representative in 40th Congress, 348, 384. T Iabeb, Stephen, Representative in 39th Congress, 108; in 40th, 182, 347, 383; amendment of homestead act, 110. Tables, showing population of each State in 1860, 125; vote in Uouse of Representatives on various tariff bills, 12<); election returns of 1800-1868, 372,499; taxation on national banks, 373; registration, dis- franchisement, and election returns in rebel States und<'r military reconstruction acts, 374; reveiwes since 1800, 375; expenditures since 1800, 375-377; showing public debt since 1857, 126, 259,374,500- 502, C27-030. Taffe, John, Representative in 40th Congress, 183, 348, 384 ; in 41st, 408, 508. Tanner, Adolphus H., Representative in 41st Congress, 407, 508. Tauiff Policy, resolutions of political conventions on, 24.3, 248, 307, 480, 482, 484. Tariffs, votes in House on all, since 1816, 126, 605-609. Taylor, Caleb N.. Representative in 40th Congress, 182, ,348, :i84; in 41st, .508. Taylor. Joseph W., claimant to seat as Representative in :;9th Congress, l(i8. Taylor, Nathaniel G., Representative in 39th Congress, 108, 182. Taylor, Nelson, Representative in 39th Congress, 108. Tax, power of State to levy on tlirough passengers, 4:ii-4;;7. Taxation, State, upon United States certificates, 437- 439; of United States notes, 439-443; of national baiik.s by State governments, .5:!0-5:i2; of State banks by United States Government, 52;!-5:30; re- ceipts from and reduction in, 020. Taxes, State, are they payable in United States notes, 440-4-1:5. Tea and Coff: e. Ohio Democrats on tariff on, 483. Ten-forty JSonds. act authorizing the, ;554. Tenne88i:e. President Johnson's proclamation respect- ing suppression of insunection in, 13; franchise acts in, 27, 28. 2.j7, anfi President Johnson's tele- gram to (iovcrnor Brownlow respecting, 27, 199; legislation on freedmcn, 42, 43; joint resolution I restoring the relations of, to the Union, 10.5, 152; message of President Johnson in approval of, 152, 153; admission of Senators and Representatives, 181, 182; Governor Brownlow's proclamation re- specting a State guard, 208; legislature onXiVth amendment, 194; Republican and "Conservative" platforms of 1807, 24s, 249; vote on XlVth ainiuid- ment, 194; votes on XVth amendment, 498,500; claimants in :39th Congress, 107, 182; Senators and Representatives in loth, 347, 383; in 41st, 407, .007; apportionment of currency iu,. 590; apportionment of representation under census of 1800, 585; presi- dential vote in 1800, 372; in 18(i7, 372; in 1808, 499. Tenihe-of-office Act, 170; veto of, and votes upon, 17:3-178, 397, :39S ; amendment passed, 413^15. Territories, elective franchise in, 110, 184. Terry, 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. Test-oath, action of North Carolina, requesting repeal of, 19; of Mississippi, 20; votes iu House on, 110, 111,184; copy of, vote, 193: opinions of Supreme Court on. 220-210; in Virginia, 425,420; Georgia, 428; Mississippi, 429; Texas, 4:50. Texas, provisional governor appointed, 12; action of convention, 18; laws on freedmcn, 43; claimants to seats in Congress, 184; legislature on XlVth amendment, 194; General Grant on martial law in, 298; (jeneral Sheridan's report on condition of, • note, 298; resolutions of convention of, 325; im- portant military order in, :wO; on XlVtli amend- ment in 1800, 194; claimants in 39th Congress, 182; in 41st, ,507; apportionment of currency in, 590; apportionment of representation under census of 1800, 585; presidential vote in 1800, 372; in 1808, 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 fund, test-oath, 429, 430: new constitution. 430-432; status of the State, 448-450; President Grant's proclamation for election, 505, 500; XVth amendment, 498, 500; text of and votes on act to admit. 577, 579; under civil authority, 579. Thayer, John M., Senator in 40th Congress, 182, 347, 383; in 41st, 407, 507. Thayer, M. Russell, Representative in 39th Congress, 108. Tho.mas, Francis, Representative in 39th Congress, 108 ; in 40th, 182, ;;48, :;.s4. Thomas, Georue H., M.sjor General, assigned to third district and revocation of, 200; various orders respecting, 200, 306, 307, 344; telegram of, de- clining brevet, 340; assigned to 5th district. 306; revocation of, 308; assigned to division of the Pacific, 425. Thom.^s, John L., Jr., Representative in 30th Congress, 108. Thomas, Lorenzo, letter of authority as Secretary of War, ad interim, 20'.; acceptance of, 203. Thomas, PuiLi I' Francis, not admitted as Senator from Maryland, note, 182. Thompson, Jacob, President Johnson's order for arrest of, 8; memorial of legislature of Mississippi for pardon of, 20; orrler revoking reward for, 198. TnoR.NTON, Anthony, Representative in 39th Congress, 108; resolution on elective francliise, 110. TflOEiNGToN vs. Smith, opinion of Supreme Court United States in ease of, 509, Throckmorton, J. W., Governor, General Grant's tele- gram to, 310; President Johnson's telegram to, 199; removed as governor of Texas, 323. Thcrman, Allkn G., Senator in 41st Congress, 407, .507; motion on public creditbill. 413; amendments to Northern Pacilic railroad bill, 507, 508; motion on curreney bill as to rate of discount allowed, 590; to ta.x interest on bonds, C07. Tift, Nelson, Representative in 40th Congress, 348, 384. Tillman, Lewis, Representative in 41st Congress, 408, 608. Tipton, Thomas W., Senator in 40th Congress, 182, 347, 383; in 41st, 407, 507. Townsend, E. D., General, order of Secretary Stanton to, 204. Townsend, Washington. Representative in 41st Con- gress, 407, 508; fundiniz motion, 003 Treason, resolution on punishniont of, 109. Treaty, message as to San Uomingo, 541, 542. Trenholm, George A., President Johnson's release of, 14. Trimble, John, Representative in 40th Congress,348,381. IISTDEX. 647 TniMm.E, Lawrence S , Representative in 30th Congress, 1(18; iii4;;tli.:;:s,oS-l; in 41st,'!(iS,5(i8; motion to table bill rrspecting eontiscated lands, 187. Trowuhidg::, PiOWland E , Uepresentativo in oOth Con- gress, 1U8; in 'loth, mi. 348, 38-1. TuuaiDULL, Lymax, Sciiator in 39th Congress, 107; in 4uth. 182, 347, 383; in 41st., 407, 507 ; motion respect- ing Alabama, 341; bill to amend tenure-of ofliee act, 414; reports apportionment bill and moves to amend, 584; moves direct vote of Senate on Chi- nese naturalization, (ilO. Tucker, B:;vEnLY, President Joiinson's order for arrest of, 8; order revoking reward for, 198. 'ruBNEK, JosiAu, Jr., claimant to seat as Representative in 39th Congress, 108. TwicHELL, GixERT, Representative in 40th Congress, 18-', 347, 383; in 41st, 407, 508. ITyner. James N., Representative in 41st Congress, 408, 008. IT Underwood, John C, President Johnson's reply to ad- dress of, 47; claimant to seat in 39th Congress, 107; Judge, dissenting opinion in the Caesar Griffin case, 402-400. Union Pacific Railroad Company, United States bonds issued to, 503, 030. Union Pacific Railroad Company, Eastern Division, United States bonds issued to, 503, 030. Union Pacific Railroad bill, 5G4, 5C5; bonds, 503. United States Bonds, resolutions of political conven- tions as to payment of and tax on. ,304, 307, 480, 482. United States Certifcatis of Indebtedness, State taxa- tion upon, 437; notes. State taxation on, 439-443. Upson, Charles, Representative in 39th Congress, 108; in 40tli, 18.3, 348, 384. Upson, William H., Representative in 41st Congress, 408, 508. Validity, of contracts in confederate money, 509-511 ; of XlVth and XVth amendments, 583. Van Aernam, Henry, Representative in 39th Congress, 108; in 40th, 182,348,383. Van Auken, Daniel M., Representative in 40th Con- gress, 182, 348. 384; in 41st, 407, 508. Van Horn, Burt, Representative in 30th Congress, 108; in 40tli, 182, 348, 383. Van Hor.N, Robert T., Representative in .39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 508. Van Trump, Philadelph, Representative in 40th Con- gress, 183, ;i48, 384; in 41st, 408, 508. V.AN Winkle, Peter G., Senator in 39th Congress, 107; in 40th, 182, 347, 383. Van Wyck, Charles H., Representative in 40th Con- gress, 182, 347, 383; in 41st, note, 508. Veazie ISank vs. Fenno, opinion of Supreme Court Uni- ted States in case of, r.23-527. Vermont, Republican and Democratic platforms, 484; on XlVtIi amendment, 194; XVth amendment, 498, SCO; Senators and Representatives in .39th Con- gress, 107; 40th, 182, 347, 383; in 41st, 407, 507; ap- portionment of currency in, 590; apportionment of representation under census of 1800, 585; Presiden- tial vote in 18G0 and 1804, 372; in 1808, 499. ViCKERS, George, Senator in 40th Congress, note, .347, 383; in 41st, 407, 507; motion on XVth amendment, 401; on enforcing bill, 550; on currency bill, .589. ViDAL, BIichel, Represent,ative in 4oth Congress, 348, 384. Virginia, 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, 41, 42; claimants to seats in Concress, 107, 108; vote by legislature of 1SG7 on XlVth amendment, 194; Republican platform of 1807, 253, 254; Virginia resolutions of 1798, 2.50, 257; order creating it the first military district, 200; orders and action of the military therein, 200, 310,317; Henry H. Wells appointed governor. 317; new con- stitution of, .3:!3; Mississippi and Texas bill, 408- 410; President Grant's election proclamation, 420, 421; military orders as to test-oath, colored police- men, removing Governor Wells, reinstating him, re-appointment of military officers to civil offices, registration and election officers, stay law ex- tended, to prevent election frauds, Canby's letter ju.stifying his test-oath order, 42.')-427; judicial opinions in Ctesar Griffin case, 457-400; Republi- can and Democratic platforms, 484-487; election of 1809,500; Daniel's dispatch to President Grant, 50G; act of admission and votes on, 572-570; act to amend said act, 570; under civil authority, .579; vote on XVth amendment, .500; claimants in 39th Congress, 107; Senators and Representatives in 41st'congrcss, .507; apportionment of currency in, 590; apportionment of representation vmder cen- sus of 1800, 585; presidential vote in 1800,372; in 1808, 499; registration and disfranchisement in and vote on constitutional convention, 374. VooBHEES, DANirL W., Representative in 39th Congress, unseated, note. lOK; in 41st, 408, .^OS; resolution in- dorsing President Johnson's policy. 111. VooRKis, Albert, elected lieutenant governor of Louis- iana, 28. w Wabash and Erie Canal, bill, of 1827, 503. 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. Walkup, S. H., claimant to seat as Representative in 39th Congress, 108. Wallace, Alexander S., Representative in 41st Con- gress, .508. Ward, Andrew H., Representative in 39th Congress, 182. Ward, Hamilton. Representative in ;!9th Congress, 108; in 40th, 182, ;548, 383; in 41st, 407, 508; on committee to prepare articles of impeachment, 2C0; motion on currency resolutions, 580; resolution abolish- ing tariff on coal, 582. Warmoth, Henry C, claimant to seat as delegate in 39th Congress, 108. Warner, H^am, Judge, dissenting opinion in White vs. Georgia, 471-474. Warner, Samuel L., Representative in 39th Congress, 108. Warner, Willard, Senator in 40th Congress, 383; in 41st, 407, 507; motions, XVth amendment, 401, 403; on currency bill, 588; moves amendment to natu- ralization bill. 019. Wasoington Territory, Republican and Democratic platforms, 487, 488; election of 1809,500; appor- tionment of currency in, 590. Washburn, Cadwallader C, Representative in 40th Con- gress 183,348,384; in 41st, 408, 508. ^yASIIBURN, Hknby D., Representative in 39th Congress, 108; in 40th, 183,348, 384; bill to repeal tenure-of- officc act, 398. Washburn, William B., Representative in 39th Con- gress, 108: in40th, 182, 347, 383; in 41st, 407, 508. Washburne, Ellihu B., Representative in :Wth Congress, 108; in 40th, 183; note. ?,iS,'iSi; in 41st, resignation of. note, 408; General Grant's letter to, on slavery and reconstruction, 294; on results of 'peace on any terms," 295; Secretary of State, note, 40G. Webb, General A. S., to first military district, reinstates Governor Wells, appoints military men to civil office, is relieved, 425, 420. Weitzel.G., Major General, approval of call for meeting of Virginia legislature and President Lincoln's telecram annulling, 20. Welch, Adonijaii S., Senator in 40th Congress, 347, 383. Welker, Martin, Uepresent.ative in .39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408,508; motion on Northern Pacific railroad bill, 509. Welles, Gid::ox, Secretary of the Navy, 107, 181, 347, 383; letter of. on General Grant, 290. Wells, Erastus, Representative in 41st Congress, 408, 508. Wells. Henry H.. appointed governor of Virginia, 317; removed and reinstated, 425. Wells, J. Madison, elected as governor of Louisiana, 28: removal of, 323. Wentworth, John, Representative in 39th Congress, 108. W'est, a. M., claimant to seat as Representative in 39th Coneress. 108. Western Pacific Railroad Company, United States bonds issued to, 503, 0.30. West Virginia, bill to transfer Berkeley and Jefferson counties to, 110; electionof 1800, on disfranchising amendment, 120; vote of legislature on XlVth amendment, 194; on XVth amendment, 498; Sen- ators and Representatives in 39th Congress, 107; in 40th, 182, 347, :«3; in 41st, 407, .507; apportion- ment of currency in, .590; apportionment of repre- sentation under census of 1800,585; presidential vote in 1804, 372; in 1808,499; State vote in 1800, 372. Whaley, Kelliax v.. Representative in 39th Congress, 108. Wheaton, Charles, Captain, appointed comptroller and secretary of state of Georgia, 320. 648 INDEX. Cl^ ^^■-i.'-cl Whkeler, William A., Ilcprci-cntative in Ust Congress, 4(17. 508. \V HIPPER. Wsi.. repl.t of, to rre.sidont Johnson. 5G. Wiiippi.NO OF THE I'r.iisoN, order proliiliiting, in Virgini.i, Uini, 2(11; ol.'^cwlicre, 201. WiimioitE, George W., Keprescntativc in 41st Con- prps.s, .los. Whittemoue. Benjamin F., Representative in 40th Con- press, 'Mi<, 384; in 41st, 407; motion as to perjury, 674; resignation of, no^c, 508. Whyte. William Pinckney, Senator in 40th Congress, 3S3. Wiley. J. McCaieb, claimant to seat as Representative in :!Oth Congress, 182. Wilkinson, Morton S., Representative in 41st Congress, 408. 508. WiLLAUD. Charles W., Representative in 41st Congress, 407, 507. WiLLEY, Waitman T., Senator in 39th Congress, 107; in 40th, 182, :J47, 383: in 41st, 4o7, 507 ; amendment to sull'rage bill. 115^110; motion on eonfirining Gen- er.il Schofield, 204; resolution condemning Presi- dent .lolinson's repudiation plan,3'Jl; motion on enforcing bill, 5.'')0; on Mississippi bill, 577. Williams, George H., Senator in 39th Congress, 107; in 40th, 182, 347, 383: in 4K«t,407, 507; motion respect- ing certain constitutions, 340, 341; motion XVth amendment, 401; on enforcing hill, f-SC; resolution on currency, 580; on Georgia bill, G12; as to natu- r.alization of Cliinese, G19. Williams, Thomas, Representative in 39th Congress, 108; in 40th, 182, 348, 384; one of the managers of the impeachment of Andrew Johnson, 271; reso- lution on withdrawing military force, 111; bill to restore confiscated lands, 187; proposition relative to Supreme Court, 350. Williams, William, Representative in 40th Congress, 183, 348, 384; in 41st, 408, .WS; motion on Northern Pacific Railroad bill, 572; resolution as to cur- rency, 5S0. Williamson, G., claimant to seat as Senator in 40th Congress, 183. 7riLsoN,TEi'GENE M,, Representative in 40th Congress, 408, .WS. Wilson, Henry, Senator in .39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, .507; motion respecting Secretary Stanton's removal, 203; motion respect- ing Alabama, 340; vote of, for Vice President, 3G(i; motions, XVth amendment, 401, 402, 403, 404; amendment to Virginia bill, 575; motion on North- ern Pacific railroad bill, 507; on cuwency bill, 90; funding, 000, 001; income tax, 607; Georgia bill, G12. Wilson, Jaj«gs F.. Representative in 39th Congress, 108; in 40th, 183, .348, 384; proposition relative to rebel debt, 100; resolution on representation, 109, 110; amendment to suffrage bill, ll-!; report on im- peachment. 188, 189; second report, 204; on com- mittee to prepare articles of impeachment, 2GG, and manager of impeachment, 271. WiLsciN, John T., Representative in 4oth Congress, 183, ;'.48, :;-M; in 4 1st, -108, .'i(i8. Wilson, Stepiiin F., lieirrtstntative in ."/.ith Congress, 108; in -loth, 182, .048, :>84. WiNANs, James J., Uepros»iitntivc in 41st Congrets, 408, 508. Winchester, Boyd, Representative in 41st Congress, 408, 508. WiNDOM, William. Representative in 39tl» Congresr, lOS; in 40th, 18.1,348.384. WiNFiEin, Charles H., Representative iu .19th Congress, 108. Winston, John A., claimant to seat .as Senator in 40th Congress. 183. Wisconsin, vote on XlVth amendment, 104; on XVth amendment, 498; Senators and Rcpre.'^cntativcs in 39th Congress, 107; in 40th, 182, .347, .383; in 41st, 407, .507; apportionment of currency in. 590; appor- tionment of representation under census of 1800, 585; presidential vote in 1800 and 1SG4, .372; in 18G8, 499. WiTciiER, John S., Represent.ative in 41st Congress, 408, .008. WoFFORD, W. T., claimant to seat as Representative in 39tli Congres.?, 108,182. Wood, Fernando, Representative in 40tVi Congress. 182, 347,383; in 41st, 407. 5.. v\ ' ,, 0-. ■' 9 >> 1<^ ,0 o •a> 'V ,,. •*, vN< o5 ■■''c^. xv^- '^x- .^^'^^ %/■ ; j' — .,^*^ .; .^% N^'' "-^ .,".?r.- •"-^ X" // • '^ ^ .\ ■^ ^'-^■^ / ij * ^^ ...8, -r^ ■"^y^ v^^ ^-'^ x^^^.. " ,o\ •'^>.. -^ --, ci- • O' 'O. •■/ , \V'" , >; • » 1 ' ^ u * -A ' s ■ . x*- ; V'-W''^*,. . \\*. ' '' ' %s^ ■•'.. ,-^^- •* .'. .^^' %, ^^/^■ "o ''-*', > ■^^ ' O „ I. * O <" ' / . 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